5 100 439 https://digital.lib.buffalo.edu/files/original/7b4bfd66f8869b25dd0eb7902e553c42.pdf 67c93589bc91d9252a1bce4aabc5c081 PDF Text Text THE OPINION VOL. VIII, NO. 2 State University of New Speaker Policy Clarified by Dean York at Buffalo, School of Law ABA Conference MAY, 1968 Desmond Competition Held The annual Charles S. Desmond Moot Court Competition was held on Saturday, April 20, 1968. First prize honors went to the team of James Harrington and Donald Eppers. During the third week of The case that was argued concerned the liability of the On February 29, Col. Byron Meador addressed more March, it was my pleasure to at- United States Government for the acts of a physician emthan 250 Law Students- in the Buffalo Athletic Club on the tend a Quint-Circuit Conference ployed by the Veterans of the American Bar AssociationAdministration. The main issues effects of the new draft law on graduate students. Col. Law School Division in Washing- revolved around the application of the Federal Tort Claims Meador was originally scheduled to speak in the Law School, ton, D.C. The conference was an Act, admissibility of hearsay testimony, and claims of medibut the faculty decided that it was bound by a faculty Senate effort to determine the topics cal malpractice. By Herb Siegel of major interest for the respective Student Bar Associations, reclassification; Secondly, the pre- particularly those on the eastern sence of Col. Meador presented seabord. the exact type of confrontation I came away from the confersought to be avoided. The Facence with an exhuberant feeling ulty also considered assisting the that Buffalo's Student Bar AsS.B.A. in obtaining other facilisociation is probably one of the most progressive and formidable ties, but it was felt that such an affirmative act would still help groups in the country today. to subvert the tenor of the Senate Many of the programs that were resolution. suggested at the conference are already in effect here. Below are Dean William D. Hawkland some of the programs that the pointed out that although the Law Student Division considers Faculty felt bound by the Senate important in regards to a powerresolution, it did not mean that ful and effective Student Bar. everyone approved. Dean HawkStudent Faculty Committees land expressed his belief that Our program of joint facultystudent committees is less than a year old yet it is showing the way of the future in improving student-faculty communications. The ability to effectuate change through these committees is still in the preliminary stages, yet we can foresee the day when the strength of the SBA will arise from just these committees. SBA Finances Our SBA has the unique distinction of being the most affluent Student Bar Association in the country. We presently have on hand approximately $12,000. Most schools are dependent upon Students flock around Col. Meador after his talk to ask questions their Dean for funds and allotabout their draft status. ments. We at Buffalo are totally independent financially, which The presence of Col. Meador Hershey was foolish, and that enables us to enter any field or at the Law School (which is a two wrongs do not make a right. endeavor without faculty approvpart of the State University of "The principle purpose of a unial. Recently, we were able to obNew York at Buffalo in spite of versity is the free flow of infortain an additional $1000 for the its geographic removal from the mation. The same type of reMoot Court Board. main campus) presented a persolution could be used elsewhere." Faculty Evaluation plexing problem for the faculty. Dean Hawkland also stated that There is only one school beAt a full Faculty meeting, it was he favors an open campusbecause sides our own that has a system overwhelmingly decided that Col. students are mature enough to in which students may evaluate Meador's presence fell within the hear both sides of an issue, and their professors. I was amazed at ban on military recruiting, even to do otherwise would clog the the inability of the other schools though he came at the request of free flow of information so esto effectuate such a plan due to the S.B.A. to answer questions sential to a university. faculty hostility. This semester a (The resolution submitted to special thanks must go to Mary about the draft. The reasons for theExecutive Committee was sub- Bisantz, John Segreti and memthe decision were twofold: First, therecitals in the resolution were mitted on December 14, and as bers of the faculty who have directed at Hershey in order to of this writing, no action has helped to improve our own evavoid confrontations and possible been taken.) aluation. resolution and did not permit him to use the facilities. a University Faculty Senate meeting in December, a resolution was proposed that all military recruiting be barred until Selective Service Director Hershey rescinded a directive requesting local draft boards to reclassify student demonstrators. This resolution was not passed, but was instead submitted to the Executive Committee of theSenate for further study. An alternative resolution was passed the same day stating that there would be no military recruitment until a final decision was rendered by the Senate. At The bench for the final and semi-final round included the Honorable Charles S. Desmond, former Chief Judge of the New York Court of Appeals, the Honorable Kenneth B. Keating, Associate Judge of the New York Court of Appeals, and the Honorable John S. Marsh, Associate Justice of the Appellate Division, Fourth Department. Dennis Repka won an award for the best speaker, while the team of Harrington and Eppers also won the award for best brief. Other participating teams were: Ralph Boniello and Michael Gallagher; Joseph Elm: Elbert Hargesheimer IH and John Segreti; Dennis Repka and Douglas Rowe; JosephSpaeth and CliffordSteele. National Moot Court Competition One of the major activities of the Moot Court Board this past year was the National Moot Court Competition held in Syracuse, New York on November 18, 1968. The problem in this competition involved the liability of an ac- countant who negligently certi- fied an erroneous balance sheet of a company which was in financial trouble. The team of Michael Wolford, Samuel Tamburo, and Norman Effman represented Buffalo, and placed a close second to Cornell. Other Law Schools represented were Syracuse and Albany. William Love and William Sullivan took first place in the Niagara International Moot Court Competition held on March 23, 1968, at the Osgoode Hall Law School in Toronto. Commenting on this year's activities, Michael Wolford, Chairman of the Moot Court Board stated that "The Moot Court Board has accomplished a great deal this past year, especially with respect to the Osgoode competition. It is hoped that in the future this Law School will expand its competition to include other Canadian and American Schools." Ombudsman Progress Report Buffalo's Ombudsman Project, official name Citizen's Administration Service, has been in operation since November 17, 1967. Eleven law students are participating in the project along with the directors and four neighborhood aides. From the outset the Service received courtesy and cooperation from the administrators of the various departments of the city and county. As complaints arose involving one or more departments or divisions, the Director and the Deputy Director made it their business to call on the head of each department or division inwith the volved to pay their respects and the particular department or division ask how future complaints in should be routed. Opposition to the project was not lacking, however. It centered in the Common Council of Buffalo and was led by Councilman Raymond Lewandowski. Initially the objection made was that the project would "harass and undermine city officials and cause chaos in city government," that it was unnecessary, and that it could "easily be interpreted as a pilot program by the federal government to take over City Hall." It (Cont'd on Pg. 3) Bar Review Course Prof. Korn to Depart By Norm Alvy Professor Harold Korn will leave UB Law School at the end of this semester to assume a post at the New York University Law School. He will teach Evidence and Civil Procedure as he has done here at Buffalo. Professor Korn's absence creates a vacancy that the administration may be hard pressed to fill. Not only is Professor Korn held in high esteem by the faculty and admired by the student body but his achievements in the field of civil procedure are on New York practice used by the Seniors in the law school. Professor Korn's activities are York State Advisory Committee not limited to the civil procedure on Practice and Procedure. This area. As Chief Draftsman for the involved the monumental task of National Municipal League he revising the old Civil Practice was influential in the drawing up of the Model City Charter (6th Act and drafting legislation enacted in 1962 as the New York cd., 1964). In the field of criminal Civil PracticeLaw and Rules. He law he has written a two part is one of the co-authors, along series for the Columbia Law Rewith Jack B. Weinstein of Col- view on "The Treatment of Inumbia and Arthur Miller of Michchoate /Crimes in the ModelPenigan, of the eight volume treatise al Code" (61 Col. Law Rev. 571,-957). Prof. Korn was also in"New York Civil Practice" published 1963-64. An article on "Civ- volved as Associate Director of il Jurisdiction of the New York the Legislative Drafting Fund at Court of Appeals and Appelate Columbia in an unusual study on Division" appeared in the Winmeasures for financial protection ter 1967 edition of the Buffalo of the public and industry in the He is also the auevent of catastrophic accidents in Law Review. (Cont'd on Pg. 3) thor of the one volume manual For a period of five years from 1956-1960 Prof. Korn was the Director of Research for the New Nine schools in New York State now have Bar Review courses for seniors. However, we are the only SBA that is financing a portion of the costs. Our hope for the future is that this course will improve our percentage of students passing the Bar Exam, and that the faculty will assist with the course. Speakers Program The history of our Speakers Program again evidences the im- portance of our Bar Association, The emphasis has been on speakers who are experts in different fields of law. A special note of thanks must go to Joe Spaeth for Councilman Raymond Lewandowiki (right) chief opponent his efforts in bringing us many Lovejoy of the Ombudsman, makes a point during debate with Ombudsman fine speakers. Deputy Director Lance Tibbies. Fellowships, Grants and Awards The SBA is actively trying to establish a Fellowship Fund in whichawards would be presented to students who would work in various areas of community life. Professor Milton Kaplan has already obtained some awards for this past semester which were given to students. Social Events The Spring Beer Party was a tremendous success with over 200 students attending. The Barrister's Ball was also well attended, and for the first time, a freecocktail party was included with the (Cont'd on Pg. 3) Committee Formed to Study Probation and Grading Systems The Scholastic Standing Committee recently accepted a request for the establishment of an Ad Hoc Committee to study our present grading system. The faculty overwhelmingly approved the committee's suggestion. An intensive study of the present system will begin this summer and is scheduled to last through the first part of the fall semester. The goal of the committee is to provide an authoritative analysis of the grading, ranking and pro- bation systems that will serve as a basis for improving the present system, The committee consists of Professors Atleson, Gifford, Newhouse, and Swartz. The two student representatives are Marge Quinn and Martin Fishman. �MAY, 1968 The OPINION 2 Faculty Co-operation Welcomed In the past we have felt it necessary to point out to the faculty and administration of this school areas in which we felt improvement was required. We have not hesitated to give criticism where it was due. We all know that much in this school is not as it should be, and that by bringing these deficiencies to light the chance existed that some remedy might be forthcoming. With this edition, the tone of the comment changes from one of criticism to one of appreciation. Credit must be given where it is due and it is most certainly due at this point. Many of us have been aware of certain inequities which exist in the present systems of grading and probation Up to now, it has been the attitude of most of the faculty and student body to simply accept the status quo. Fortunately for all of us, one of our students, Marty Fishman, felt the time was ripe for a change. Proposals were drawn up, submitted to the Student Bar for approval, and then submitted to the Scholastic Standing Committee. . It could have ended there, but it did not. Professors Schwartz, the chairman of the committee, Flemming, and King recognized the need for a thorough investigation and submitted the proposals to a general faculty vote. As a result, an Ad Hoc Committee was formed to investigate the problems of revamping the grading and probationary systems. The committee which consists of Professor Swartz, Atleson, Gifford and Newhouse will be meeting during the summer with Mr. Fishman and Mr. Kwieciak to discuss the problems and report back by October of '68. We would like to take this opportunity to thank the entire faculty for its recognition of the problems which exist, and to especially thank the members of the Scholastic Standing Committee and the Ad Hoc Committee for taking the time to deal with what is certainly going to be a very Placement Office Letters to the Editor and the selfish individuals To the Editor: Expands we we in all are will avoid old 'what's his name' Generally speaking, lawyers selfish breed. Among other Smith athings, is evidenced by the is making every effort to re- attitudesthis many of them take with structure the Law School Placerespect to matters which may ment Office in a hurry. Upon his affect some of us as law students. arrival February 1, 1967, the Dean Example: "700 years ago, when immediately went about the busiI a law clerk, I was ness of surveying the placement was paid !><)<' an programs at law schools throughhour. This young country. Helpful comout the whippersnapper cerments were received from the isn't working tainly schools, but it was felt that a any harder than I visit to the University of Michidid ..." gan Law School where Dean Example: "700 years ago, even Smith taught—would give him though law school further ideas on how to develop was a mere formalan effective placement program at ity, when I graduated thereBuffalo. Three days were I had to take the fore spent at the Ann Arbor CamBar " pus talking with various Professors, students and the Dean about Whitman or Sandburg or someplacement. once once said "The child is Encouragedby his trip to Michfather of the man." Witness the igan, the Dean next flew into upperclassmen's attitude: Washington, D.C., with the idea Example: "I had to struggle of developing and strengthening through an unbearthe Law School's contacts both able semester with in government and in private old 'what's his name' practice. A successful week was and by God they had spent "knocking on doors" and better make anyone waving the Law School banner at else who gets through the major governmental agencies this law school do and law firms. the same ..." Some 500 letters were sent to Unforunately, we upperclassfirms throughout the New York area informing them- of the men aren't in a very goodposition School's placement program and to remedy this last situation, alsoliciting their attention to the though we may eventually have senior class. All eighty Buffalo something to say about the first two. Having been stung once, firms were sent personal letters Assistant Dean George P. — difficult and controversial issue. This type of faculty-student cooperation is going to be the placement prothe key which we hope will open up new avenues of concerning to the extent that time communication and action. We expect this committee to be gram and,Dean allowed, Smith made visitaa forerunner for continued work toward the improvement tions to many. of many facets of our school, and legal education. Alumni records revealed the fact that 30 Buffalo law graduates had gone to sunny California—so, letters also went out to them asking their assistance in surveying opportunities for graduates of This semester is rapidly drawing to a close. In spite the School. of our optimistic hopes, this newspaper has been able to Excellent newspaper coverage publish only once each semester, and this is certainly of the Placement Office was received in the Erie County Bar nothing to be proud of. Bulletin and the New York Law Lack of a regular student newspaper has created a Journal. serious gap in this Law School for which no adequate substiPlacement Manual Prepared tute can ever be found. A newspaper does more than take Dean Smith has prepared a up the sparetime of a few individuals. It serves as an im- placement manual to serve as a portant means of communication within the Law School. guide to seniors, as well as Without it, the student body remains unaware of the ac- juniors, in their quest for emtivities of the faculty and Student Bar Association. Of even ployment. This 16 page pamphlet greater consequence is the fact that the faculty and Student contains everything from a sample to a detailed plan dealing Bar Association become isolated from the needs and wants resume with the manner in which job of the student body. hunting should be undertaken. A complete geographic index of Like every other Law School activity, The Opinion needs the support and assistance of the student body. all graduates of the Law School A newspaper which depends so heavily on such assistance has been prepared and should be great assistance to all students. cannot, nor should it have to, exist in an intellectual vacuum. aThis is kept in th PlaceWhen only a few people are willing to put in time and ment index Office. energy while the rest do not have the time to be disturbed The Dean, who also holds the from their academic stupor, something is radically wrong. rank of Assistant Professor and teaches a section in first year The results of this disease are relatively easy to predict. Property, cautions the students Apathy has already infected the attitudes of many students that his office can only serve as towards the Student Bar and its related activities. Eventuala conduit in the job recruiting ly, those few student "activists" will become tired of fight- process. "In the final analysis," ing a losing battle in which their sole reward is undue criti- he stated, "the student, himself, the interview and obtains cism. They will one day decide to sit back and watch every- takes the position; the placement office thing collapse around them. Then, there will be no student merely assists the student in prenewspaper to express student opinion, and no Student Bar paring for the all-important interto carry it forward. How much influence and power can view and informing him of cur400 isolated and disunited students possess? Could any one rent opportunities." Twenty-five firms and agencies of us acting as an individual have brought about a Bar Reand state—have visited view Course, or Student-Faculty Committees? Are you sat- —federal the Law School during the first isfied with the present conditions at this Law School, or in semester, including the Atomic allowing such a nefarious institution as the draft do your Energy Commission, Department job in alleviating what at best would have been a terribly of Justice, Securities & Exchange Commission and the leading firm overcrowded situation next year? of Foley, Sammond & Lardner from Milwaukee, Wisconsin. Dean Smith expressed concern that so many agencies and firms THE are restricting their employment range to those students in the top quarter in the class in acaCo-Editors demic standing. If the Placement Lee Mondshein Douglas S. Cream Office were to refuse to respect thesestandards imposed, however, Photographic Manager the particular agency or firm Kenneth Cohen would simply refuse to visit the School. The Dean suggests the only Staff solution to this problem is to reMary E. Bisantz Nornv Alvy educate all prospective employers Elbert Hargesheimer 111 Frank A. Shwartzman to the fact that much potential is to be found at all levels of a Apathy or Action OPINION ... that being are, probability (to say nothing of his electives) like the plague. As a result of all this overwhelmingly selfish apathy, the administration turns a deaf ear to the sporadic trickles of post factodiscontent which originate "somewhere over there on West Eagle Street." Recently, however, the upperclassmen have developed a device which provides the underclassmen with a pre-grades objective evaluation of the professors. If used wisely, it could provide a remedy to this deplorable situation. As I have explained, this is all we selfish upperclassmen can offer you. This, and sympathy, and perhaps the obvious suggestion that when you are faced with a required course, taught by a professor who received a -5 rating, you might consider submitting a written request to the administration to be put in the other section of the course. You probably won't be, but at least your conscience will be clear. And who knows; maybe they'll take the hint. Signed, Anonymous for selfish reasons) the signature of the author. Names will be withheld upon request.) (All letters must bear Faculty Spotlight: Prof. Josephine King By Norm Alvy Tucked away in a quiet section of the law faculty's study quarters is a petite professor who packs quite an academic wallop. The holder of four degrees, a Phi Beta Kappa key, a Ph.D and a recent grant to investigate New York's auto insurance laws, Mrs. Benton Davis King also has managed to raise two fine boys in the process. Professor Josephine King is a versatile faculty member who has had a varied background before finally settling down in the field of law. A political science major at the University of Pennsylvania before she received her Masters and Doctorate degrees at Brywn Mawr, Professor King has taught college economics, government and Texas History. A fac- In between her academic and family responsibilities Prof. King has found time to write several legal articles. One of them on "Collateral Estoppel" has appeared in a recent issue of the Fordham Law Review. It was favorably received in legal circles with Justice Traynor of California among those ocmmenting. In the next issue of the Cornell Law Quarterly Prof. King will contribute a review of "Dollars, Delay and The Auto Victim," a study of our auto negligence law. An article on Apportionment is also to her credit. This summer Prof. King will spend much of her free time working on a grant from the State University System. Her field of study will be "Alternatives to the present system of accident ulty member at Trinity College during the Korean Conflict, while her husband was stationed at Fort Sam Houston as a medical officer, Professor King also has lee-, itured at a Catholic convent school for girls. Settling in Buffalo (her husband is Chairman of the Medical School's Anesthesiology Department), Professor King entered UB Law in 1962. Originally intendlitigation." ing to take only one or two courses Professor King later deLast Semester Prof." King incided to matriculate. After parstituted "Project Partnership" to ticipating in community activities, aid her Civil Procedure class. serving as a PTA President and Aimed. at "concretizing" the observing the functioning of local knowledge garnered in civil progovernment, Prof. King felt that cedure the program has upperour legal structure was being misclassmen supervising freshman understood. With her political in the drawing up of pleadings. science background to fall back Satisfied with the preliminary reon, Prof. King felt that the chalsults, Prof. King may use this lenge of a legal education should technique again next year. not be passed up. At the Law School Prof. King matched her There are only twenty-four previous academic achievements women law professors in the Unand wrote four articles for the ited States and Professor King Law Review. She was elected Edfeels that possibly her presence itor-in-Chief of the Law Review and acceptance by the law faculin her Senior Year and graduated ty at U.B. will serve as an imCum Laude. Offered a position petus to other members of the on the faculty following her gradfair sex to enter the highly comuaotion in 1965 Prof. King has petitive law field and teaching in taught Civil Procedure and Torts particular. With credentials like since then. She has just recently been made an associate professor hers the legal profession could of law by the faculty. only benefit by the influx. typical senior class. "This is a shown," the Dean observed. "Rehard thing to make people realize gretably, the only indicator of and it will take some time before later success to an employer is a the correctness of the fact is student's law school record." �MAY, 1968 The OPINION Student Opinion By Arthur Freedman 3 Ombudsman Report (Cont'd from Prof. Korn to Depart Page 1) was proposed (Cont'd that the Council adopt a resolution asking the Office of Eonomic Opportunity to from Page 1) is to research a case before the court in the manner which the judge sets out and feels should be decided he may very well change a judge's or even a task the space, missile, defense and similar hazardous govern ment In the most challenging period in the entire history of its grant. On November contract programs. American education, the School of Law at the State Univer- revoke Upon graduation from Colum28 representatives of the Service sity of New York at Buffalo has a moral obligation to appeared the Legislation bia Law School where he was provide its students with a legal preparation comparable to Committeebefore and answered Mr. Casenote Editor of the Law Rethe most excellent law school education in the United Lewandowski's arguments. The view and a Kent and HarlanFiske States. When in 1962 the State of New York acquired this institution, which was then under private auspices, there arose great expectations that the new university—and each of its schools individually—would evidence significant academic achievements. But nevertheless, in 1968, the students of the School of Law are completely cognizant of the indisputable fact that our future alma mater is suffering from many of the maladies which were present before the state took over. It is time for every law student attending this school to become vitally and vigorously concerned with our present situation, and to formulate sensible suggestions for improvement which can be presented to the Faculty, Administration, and S.B.A. We, the students, have an obligation to make constructive criticisms of the way in which our school is Legislation Committee reported the proposed resolution to the Council without recommendation. In the debates before the full Council the ground of attack was shifted. It was claimed that the project was a "civilian review board" and therefore a threat to the Police Department. On January 9, after receiving an opinion from the Corporation Counsel, Mr. Anthony Manguso, that the ombudsman lacked the powers of a civilian review board, the Lewandowski resolution was defeated 9 to 6. The ground of attack then shifted again. It was claimed that the Service was "a substitute for a civilian review board." On this last ground, on February 20, after being operated. further debate but without giving What, can we do to enhance the possibility that the the Service any chance to be 1968-1969 school year will witness substantial changes for heard, a new resolution to the Lewthe betterment of the Law School? The initial procedure same effect as the original resolution passed the which should be pursued is to visibly state in realistic terms andowski Council by a vote of 11 to 4. some of the more perplexing difficultis confronting our During the first half of Februschool both as a physical plant and as a place for intellectual exchange. It appears that at this time the physical facilities ary theService decided to enlarge neighborhood activities. It had its of the Law School, both at the Eagle Street and Prudential started using two neighborhood buildings are radically out of proportion to our basic needs offices, one at 1352 Jefferson for proper scholastic functioning, and that some sort of Avenue and one at 240 High remedial action must be taken soon. We can no longer be Street, these being offices estabsatisfied that new facilities may be ready by 1972 because lished by the University's Office as education and we have learned that our education is currently in jeopardy of Urban Affairs information centers. Beginning due to the lack of adequate facilities. More space should February 19 there have been adbe rented in downtown Buffalo. It is obvious to all con- ded an office at 44 Pine Street cerned that our physical plant should be expanded so and one at 381 Niagara Street. that the 1968-1969 school year will be a more worthwhile Both of these are in centers mainby the Community Action experience. With the projected enrollment to reach 800 tained Organization. Each of the four students by 1970, it seems patently imprudent for the Law offices has a neighborhood aide School not to expand its present facilities before 1970. New who works with the law students York State is supposedly the wealthiest state in the nation previously referred to. and it would seem ludicrous for the Law School to conStatistics tinue along its present path; 1972 is still four years away. The very minimum that the State should do is to rent During the three months from more space in the Prudential Building. The reputation of November 17, 1967 through Febthe Law School is certainly to be augmented if the state ruary 16, 1968 the Service docketed 120 complaints and inquiries, were to give its immediate attention to our problem. of which 79 have been closed and Students realize how impossible the situation truly is 41 are still active. These figures do not include complaints which as soon as they line up to purchase their books and supplies in the Eagle Street Bookstore. We should not allow these are immediately rejected as being outside the ombudsman's jurisdicconditions to continue. Students should take a more active tion because they involved cases interest in the affairs of this Law School, and should come already in court or were conto SBA meetings and make their feelings known. The SBA cerned with persons and matters the city limits of Buffalo; does not belong to a small group of students, but to every beyond but the figures do include comstudent in this Law School. plaints which were rejected, withor referred elsewhere after Ultimately, the success of any Law School can be meas- drawn some study. ured by the enthusiasm for the school by its students. The fact that we attend a school which is just beginning a proThe complaints and inquiries gram designed to attain nationl recognition must compel docketed may be broken down us to exert much more effort than has been exhibited in the by subject matter as follows: past. If there are things in need of change at this Law Building permits 2 School, it is we, the students, who must take the lead. Civil Service .*. 4 Condemnation Siegel For President? Association President Herb Siegel has been asked by the Second Circuit of the Law School Division of the American Bar Association to run for Vicepresident. Elections will take place this summer at a national conference to be held in PhilaStudent Bar delphia. At the regional conference in School Briefs" is the name of the first alumni newsletter published by the School this Pall. Under the editorialdirectionof Dean George P. Smith, It is planned that the newsletter will be published once a semester and survey all current happenings at the Law School and by the local alumni association. Dumps Garbage removal Landlord and tenant March, Mr.Siegel narrowly missed Licensing election for circuit Vice-President. Paving He was defeated by a candidate from N.Y.U., mainly because U.B. did not have any other delegates present. Commenting on the upcoming Convention, Mr. Siegel stated that he is "thinking of running for President instead." Police Public Housing Recreation Schools Snow removal Social Service 7 3 2 7 7 5 5 5 2 2 3 Scholar, Professor Korn as law clerk for two years to Associate Judge, now Chief Judge, Stanley H. Fuld of the New York Court of Appeals. Professor Korn regarded this as an invaluable experience. He pointed out that while a clerk's primary served he has known." SBA President Herb Siegel (right) presents Prof. Korn with fessor of the Year Award. The Barristers' Ball in March. Presentation was A.B.A. Conference tickets. Bill Love has excellent job this year done an as Social Chairman, and deserves the gratitude of the entire student body. The New Student Bar As a result of the increased enrollment in the Law School, the Student Bar had added two new representatives from each of the freshman and junior classes. With this added manpower, the SBA will be better equipped to meet the needs of our school. I have mentioned a few areas in which this Law School surpasse most others. But there is also one area in which we are far behind; 'hat of curriculum. Our required course sructure has been done away with at most other (Cont'd made from the Produring the Page 1) schools. For example, N.Y.U. no longer has required courses for juniors and seniors. It is our hope that the SBA will he the impetus of a reform movement here. It is our belief that the SBA is in a position of strength and authority that has never been equalled at Buffalo Law School. But we do not plan to stop here. Looking ahead to the future, we will attempt to bring about such things as book exchanges 3 an honor code, the use of audio visual materials, and a Law Day program. But in order to maintain our past achievements, and to insure future successes, we must have both the interest and support of the student body. Academic Petitions By C. A. Peairs, Jr. I have long been concerned over the tremendous numbers of man-hours expended in the drafting of petitions for reinstatement or similar relief following academic failure. These frequently reflect not only the pains and ingenuity of the petitioner, but also the values of outside consultation; and even if they cannot all be strictly original, they normally do show that the available ground for argument has been scrutinized aborigine. The thoroughness of these aboriginal expositions, however, and the passion of their enveloping prose alike fail of that recprocal ap- preciation which might be desired for them. In a word, they entail a lot of wasted effort in 'ritin' and 'readin' regardless of the re- TO: The Committee on Scholastic Standing, School of Law. Gentlemen: I hereby petition to be permit- ted to: □ continue with my clas H re-enter to start over again at University of Buffalo School of Law, in spite of my failure to maintain the required scholarship standards in my work to date. My reasons for this request are: 1. Explanation of my failure. □ a. Financial In spite of all warnings, I found myself obliged o work: D 10 □ 20 a 30 a 40 a soper week, ■12 and I was consehours 6 lief action which the 'rithmetic of quently unable to give proper at2 the various cases may warrant. tention to my law studies. 2 Taxes, income I have wondered whether the Q It was very noisy where I 4 example of the printed-form deTaxes, real estate worked and I could not studyTraffic 2 vice could be usefully employed as well there as I had expected. 2 here, as it has so extensively at Trees Water charges 2 the earlier stage of the final ex□ I was worried by finances, and Zoning 5 amination themselves ,as a labor this prevented me from giving Miscellaneous my full attention to my law 13 and time-saving device. What folThe newsletter, which is supported by the Alumni Association, lows is the outcome of this thinkstudies. 104 ing; but I regret that I cannot as a I had to live in a very small *is sent to all graduates of the Total complaints handled Complaints rejected apartment with my wife and: 10 yet announce its adoption, even School. Complaints withdrawn 1 by the Boston University Law D baby School scholarship committee, to The first issue, consisting of Complaints referred □ 2 children elsewhere 5 whom I have freely offered it. n 3 children eight pages, paid tribute to Edwin (In order to facilitate the use □ \ children Jaeckle who recently gave the Total complaints not handled 16 of this form by Buffalo law school n .... children Law School a gift of over $200,students appropriate substitutions □ mother-in-law (Cont'd on Pg. 4) -000. Total complaints docketed 120 have been made.) Ed. Alumni Newsletter Published "Law Demolition Stone court's original position by the drawing up of a well researched and well formulated memorandum. Asked to comment on his stay at Buffalo Prof. Korn said "he will surely miss the students at Buffalo and his many friends on the faculty." He considered his three years at Buffalo "among the most exciting and rewarding Street lighting �The OPINION 4 Time Saving Academic Petitions (Cont'd from Pg. 3) because of limited finances, and I was unable to study there as effectively as I had thought I could, b. Physical and mental health: □ I had a lot of trouble during the year with my: □ eyes □ back n asthma hay fever □ □ migraine headache □ aftermath of ill health the in Army □ aftermath of an automobile □ accident aftermath .... years ago of an old (foot- ball, baseball, lacrosse, hockey) (strike out inapplicable words) injury. n (specify other ailment briefly. You need not go into detail, as the Committee is familiar with the 75 to 100 commoner types.) □ I suffered a study block during the year, now diagnosed as a neurosis arising from the fact that (strike ofetr-inapplicable words) □ my (mother, father, wife, sergeant, brother) hate s, hated) me □ I (hate, hated) my (mother, father, wife, sergeant, pro- fessors) nI was (intimidated, hypnotized by) Professor □ My father wanted me to go to law school, but I didn't want to. □ Resented the fact that I was (richer, poorer, smarter, stupider, not accepted by, obliged to deal with) the other students. □ I wanted to succeed so badly I was afraid I wouldn't D I have a compulsion to write words and am frustrated by objective examinations □ I know I know more law than most people, but I knew I couldn't get it across in essay questions □ I couldn't figure out what the teachers (wanted, were getting at) □ The law mystifies me c. Family troubles D A death in the family Q during the year □ □ I (right before, during) (strike out inapplicable word) examinations caused me much distress became □ engaged □ married □ divorced D a father □ an expectant father D no longer an expectant next year. I have got (a room, an apartment) (strike out inapplicword) here in Buffalo, and □ my wife is going to keep the beauties and majesty of the law, and want nothing more than to spend my life studying and emulating such great figures as (Holmes, Cardozo, Brandeis) (strike out inapplicable name), as so ably expounded to us by Profesthe able children away from me and I could not study or sleep. I 2. Prospects for the future while I study no difficulty in knew I should not take the examn I anticipate □ my wife is going to stay at inations, but (I did not want to □ passing making average home with the children, and an 80 delay a year, could not face my in □ I will go there only on family if I did not take them, was G pleasing you gentlemen with week-ends, holidays, and the the victim of my own foolish my work in my studies in the fupride, wanted to prove to myself ture. In support of this judgment, like, so I shall have lots of time to study. may I point out that that I could rise above these difficulties) (strike out inapplicable □ I expect to have no more finan(] my brother is going to take over the business managewords), so I took the examinations cial difficulties ment, (except for weekends, anyway, and did not do myself □ An uncle has offered to etc. justice, give me the necessary fic. Business nancial support Now father G that I am happily My agreed give lam the has to □ □ □ married Q proprietor me the necessary financial divorced proprietor's (son, brother) support □ □ (strike out inapplicable □ engaged Q My brother has agreed to give me the necessary fiword) and main supporting □ disengaged I can spend my full energies and nancial support pillar I attention to my law studies. widowed have worked all owner's son summer □ □ and saved enough so that I Q chief stockholder changed head will not I man any of have G am a money of two one dissent□ ing factions trouble □ I realize the error of my I enough have borrowed ways in a going business. to No more year. last □ get by on fooling around for me Q This business My mother) (strike (wife, ran into unusual and □ am unanQ matured. n ticipated I I am now out inapplicable word) has difficulties during able to realize as I did not gone to work, so I have no the year last year how important the money worries law is to me as a career. I □ proved much more profitable than had been anticipated, □ I shall not have to work this am now able to realize, as year and kept everybody hopping. I did not last year, the importance of attention to my n normally should occupy me □ This year I expect to work only only during week-ends, but a 10 work kept me there a lot more □ 20 D I used not to want to be a lawyer, but now I am a than I had expected a 30 dedicated person and want □ is the sole support of my D 40 hours per week, and this only on family nothing more than to succeed in this school and to 0 is run by my (father, broth- week ends, so I shall have lots of time for thorough study and reer, uncle) (strike out inapbecome a practitioner of plicable words) who has view in all my courses. law been my sole support (and □ I am a very diligent student. I never missed a class, and I is putting me through law 3. Equities I have in the law school) and to whom I owe took down every word every My teacher said. My notebooks are D Q father everything. hereby offered for your inspec□ In connection with this busibrother n tion and admiration. I put in ness, I had to commute to Q uncle D Kenmore D 20 father-in-law □ Q Rochester □ 30 is a lawyer. There is a good job Q Miami D 40 waiting for me when I get out. D 50 □ Honolulu, Hawaii other distant hours per week on my studies, D It would break njy (father's, city. (Railroad and/or air and more on weekends. Such dili- Q brother's, uncle's, father-ingence cannot fail of success, esmileages may be used) law's) (strike out inapplicable Because of my work with this pecially as I shall redouble my words) heart if I did not bebusiness, I could not devote prop- effort son my next try. come a lawyer and go into his er attention to my studies. D The source of the difficulties office. which plagued me last year □ I have come to realize recently f. Laziness has been removed. I am assurD I heard all the warnings about study in law school, but I ed by my D just did not take it seriousD father ly enough, I guess □ family □ was lazy □ wife was arrogant my about abil□ □ business partner ity to pass without cracking D doctor a book D psychiatrist D had always got by before D guidance counselor was young to I may expect to devote my too realize that D how important it was full energies and abilities to my so I did not devote enough time law studies, and I shouldhave no to my studies, and did not do my doubts of success. best work. □ I am not going to commute sor(s) ( (supply ) as many names as may seem helpful). D I will be drafted unless I can maintain my standing as a student. My draft board has given me until tomorrow at 2:00 p.m. to get readmitted. □ I plan to go into politics: I can do this best if I am a lawyer. □ I expect to do this anyway, however, and someday I shall be very influential. □ My guidance counselor t»a/s my aptitude is to become a lawyer. I will be great in this field, he says, and not so great in any other. D I am on a scholarship from (the Elks, Monaco, Indonesia) (strike out inapplicabel words) and cannot disappoint the people who have had the faith in me to send me here. □ know you have never had a case quite like mine before. It is a complex and troublesome case. I thank you for your kindly attention to it, and am sure that I shall justify your faith in me in my future work. I Respectfully submitted, Signature (Write your name here) •Professor of Law, Boston Univ. While it is true that this multi- choice form petition was originally designed primarily for academic readmittance it might with a few small ingenious changes ple and/or substitutions also be used effectively by unsuccessful bar examination candidates.—Ed. I LAWYERS ! | YOU WILL FIND SPECIAL Uj§ WESTERN'S SAVINGS SERVICES ! INVALUABLE IN HANDLING CLIENTS' RESERVE FUNDS P that must earn a top Upp: interest dividend while l^iftffiSEEnt" tnev are safe and available rppHlF father □ during the year before examinations n right □ during examinations Much of my time was taken up with necessary arrangements. I knew that under the circumstances I could not do myself justice in the examination*, and I had been warned agins taking them under such circumstances, but I did not want to delay myself a year, so I took them anyway, and did not do myself justice. d. Female students plain a female student D During the year, I was a victim of □ physical difficulties □ emotional difficulties, understandable in a female student □ special neuroses arising from the fact that most of the other students are male. □ social outrage □ family strife □ boyfriend trouble You cannot, however, understand the distress this caused me unless I put before you all the details of my case, which I do on attached pages. (Attach not more than six pages) This trouble came to a crisis O frequently during the year Q right before examinations D during examinations MAY, 1968 fli^fflHtl For You and lour Clients i^'ii^'rtM M WESTERN SAVINGS BANK OFFERS... Accounts KUUttU-'''' • • 5W Accounts In Trust • JointAccounts in Trust * Individual or Inter Vlvos Trust TrusteeEscrow Ij'^V Joint Accounts . Prof. Louis Del Cotto joins a group of students during the Barristers' Ball which was held at the Holiday Inn. I LWVJ-T-i-mi^..;. g:;; miiia fauk '-; • Living Accounts • orianlntlon BSa Custodian Accounts - tpt£ •"•* RSf &£' (left) presents Senior Tom Frank with Hi* Hamilton Berger (born loser) award at tho Barristers' Ball. William Sullivan • • under Article 8A of the • Personal Property Law Legal Custodian _-i:\:r Accounts for children and adults under letter (•'*"■ of appointment from the Veterans Admlnistratlon Guardian Accounts Certified by Social Security Administrator -1■ftTriiSSSttJBPL g-: L • Fiduciary Accounts Nonprofit Accounts > Religious and Charitable Accounts in unlimited amounts • You may now deposit up to $25,000 In an Individual Saving! Account $50,000 in a Joint Savings Account $25,000 in an Individual Trust Account THE f WESTERN SAVINGS BANK _^ OF BUFFALO M.mb.r Frt.nl D.poilt Iniurmo Corpw.tlon � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1968-05-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 8 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/1968 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/941324f0dc5c6c058493a3fbc3301057.pdf 1cffafc809791907909abb71adfc6531 PDF Text Text THE OPINION VOL. VIII, NO. 1 GOULD APPROVES J.D. DEGREE Implementation gree came one step of the J.D. decloser to real- ity this past September, when it given approval by the Board 1967 was of Regents and President Samuel Gould of the State University of New York. The issue has since been returned to University of Buffalo President Martin Meyerand is presently awaiting his Herb Siegel was elected President of the Student Bar Association by an overwhelming son, final decision. vote of the student body. The election was held on Friday, November 17 A brief summary of the reaMr. Siegel polled a total of 192 votes, while his two opponents Joseph Spaeth and John sons for transition from the LL.B. to the J.D. appears below: Segreti, recorded 76 and 57 votes respectively. The American Bar Association The election was one of the through its Committee on Legal most spirited, ever to be held in Education has recommended the the law school. Use of campaign adoption of the Juris Doctor deposters and other leaflets accengree to replace the LL.B. degree tuated the increased interest of now awarded by many law the student body over past elecschools. Their recommendation tions. has generated considerable conOne of Mr. Siegel's main issues troversy. The following are rearevolved around the law school's sons commonly given in support poor showing in the State Bar Exof this change: aminations. He put forth a pro(1) Financial Prejudice Inposal calling for a special course stances of higher salaries being to be offered as a general review paid to holders of the J.D. degree for the Bar Exam. have been documented. Provisions Constitution Amended of the Air Force Personnel ManVoting on the same day, stuual, the actions of the Minnesota dents overwhelmingly voted their College Board, and other instances approval of the proposed amendof financial prejudice are cited ment of Article 6 of the by proponents of the J.D. degree S.B.A. Constitution. The vote in support of this claim. showed 194 in favor, 53 absten(2) Academic Equality tions, and 78 opposed. The text The L.L.B. is an academic misnomer of the amended article appears ure of a club to comply with the tion assessment of not more than since it now represents education below: and regulations may result $25 per semester per student, the at the graduate level. Today the FUNCTION, DUTIES OF THE rules in suspension or revocation of collection of which shall be guar- majority of law students possess BOARD OF DIRECTORS the club's constitution by the anteed by the administration. a bachelor's degree before enterSection I—The Board is the replaw school and thus should not resentative student governing Board of Directors. I —To appropriate as it sees fit ing receive c—To collaborate with the Fac- funds to the various committees a bachelor's degree upon body of Buffalo Law School and has precedence over all other ulty and the Alumni Association and also to provide funds for its the completion of an additional course of study. Legal education recognized and duly approved in matters affecting the welfare own treasury. m—To call class assemblies should be equated with other prostudent organizations and activi- of the law school and the students fessional schools which receive a ties. Meetings of the Student Bar and to be informed of and to whenever it deems necessary. n—To establish the dress reg- professional doctorate. shall be conducted in accordance deliberate upon such affairs (3) LaySemantic Confusion which pertain to the law school ulations for the student body. with the following procedures: o—To establish a statute that men do not understand that the a—The Board of Directors shall and torecommend modification if and J.D. degrees shall are necessary. equivbe binding for more than L.L.B. meet at least once every week excluding periods during which d—To receive and deliberate one school year. classes have been recessed. Reg- upon written petitions submitted P—To add to its Treasury all fines imposed upon individual ular meetings shall be held on to the Board of Directors containing over 50 names of members students or student organizations Friday of each week. for breaking regulations or rules b—Special meetings may be of the student body. established by this Constitution •—To affiliate or to disaffilicalled by the President of the Student Bar or upon a petition ate with the recognized univer- or the Board of Directors. sity, regional, national of a majority of the Council on or inter- Section lll—The Board shall be The Law School of the State empowered to make any and all University national student organizations. a 24-hour notice. of New York at Buff—To all regulate student elec- by-laws not inconsistent with this falo is currently participating in quorum c—A for all meetings constitution; provided, that all an Ombudsman Demonstration shall be a simple majority of the tions held on campus. such by-laws must be published Project for the City of Buffalo. voting members. H—To encourage student ord—ln all instances when it is ganizations and individuals to and attached to this constitution The program, originally started participate legal, in educational within (2) weeks of theirpassage. as a pilot project under Profesnot in conflict with this Constitution or its by-laws, meetings and social activities through the Section IV—The Board shall be sors Angus and Kaplan, is sponof the Council shall be conducted sponsoring of forums, lectures, empowered to create permanent sored by the Faculty of Law and in accordance with the procedures debt.es, rallies, ceremonies and and/or temporary committees Jurisprudence through a $123,000 considered necessary and proper grant fro the Office of Economic set forth in Roberts Rules of dances. Order. (Revised). h—To summon to a hearing to carry out the functions of the Opportunity. Section ll—The duties of the Stu- and to impose sanctions on any Association. dent Bar Association shall be to student(s) or student organiza- Section V—The Board shall make no by-laws abridging the freelegislate for, establish policy for tion(s) for violation of this conand make rules and regulations stitution or its by-laws or any dom of speech, nor shall it susregulations passed in persuance pend any studet publication or concerning extra-curricular acticensor its editorial policies. vity on and off campus. These thereof. duties shall include but shall not I —To supervise the official Section Vl—All powers not spebe limited to the following: calendar of all school events, and cifically granted or forbidden, which are necessary to student a—To supervise and coordinate facilities. j—To have control of the SBA government, are reserved to the all activities of duly approved and recognized student organizations. bulletin boards, matters posted on Board of Directors. h—To review and approve the these boards and free access to constitutions of all newly estab- all public relations facilities. k—To levy a general organizalished student organizations. Fail- Stiti University of New York at Buffalo, School of Law NOVEMBER, HERB SIEGEL ELECTED PRESIDENT — — — alent degrees. They do not know the educational requirements of the L.L.B. Thus they are confused as to what the degree requires and what it means. Widespread Support for J.D. The J.D. degree has been proposed by the American Bar Association, the New York State Bar Association and the American Law Students Association. It has been approved unanimously by the faculty of the Law School, the students, through referendum and through the Student Bar Association, have requested the change and over 90% of the school's alumni have endorsed the J.D. degree. (Result of poll taken by Buffalo Law School Student publication Opinion in 1966). The degree has been endorsed by the entire Buffalo City Court as well as justices of the State Supreme Court, County Court and Family Court. Mayor Frank Sedita, Majority Leader of the Erie County Board of Supervisors Lester Miller, and Joseph Crangle, Brie County Democratic Party Chairman and other prominent alumni and) friends of the Law School have endorsed the change. Many schools in New York including Syracuse, New York University, Albany, Fordham and New York Law School are now planning to award the J.D. degree. St. John's and Brooklyn Law Schools are presently considering such a change. Cornell remains undecided and Columbia plans to retain the LL.B. at this time. All told, there are more than sixty law schools presently award- the J.D. degree. Some of the more well known include the University of Michigan, lowa State University, and the University of Indiana. ing Ombudsman Project Begins New Summer Study Program Instituted A new summer study program sor from both of the sponsoring will begin this year under the universities. In addition to these leadership of Professor Burgenseminars there will be a series of thal. The course will be held at lectures on the Common Market. The course will start on Aug. the University of Brussels and will be attended by at least 1 and will continue until Sept. 12. twenty-five students from the The students have decided to U.B. Law School and their Euro- leave New York on July 1 in order to afford some time to pean counterparts. The new program is aimed at travel before the course. The expenses will be $265 for the flight, opportunity for students of an $44 for room during the course, two different legal systems to broaden their perspectives. This with no charge for tuition. The will be accomplished by a series law school will reserve fifty-five of small seminars in which the seats so there may be transportastudents will discuss problems tion available to students who do and will be able to see how the not plan to take the course. Further information can be attwo different legal systems seek tained by contacting either Proto solve them. The seminars will be taught by fessor Burgenthal or Howard T. a team consisting of one profes- Reben, founded, it will investigate the circumstances. After the be well investigation, if the complaint still appears justified, the matter will be taken up with the proper governmental office or department. However, theservice does not act as a lawyer for the office is located in Room 487 of the Ellicott Square Bldg. The neighborhood offices will be open from 4 p.m. until 10 p.m., Mon- CHRISTMAS DANCE The annual Christmas dance sponsored by the 5.8.A., will be held at the Cordon Bleu, on December 15, 1967. Tickets will go on sale December 4. The price will be between $3 and $4, depending upon how many couples will attend. A table will be set up in the Eagle Street lobby, from where the tickets may be purchased. In order to avoid confusion in making table reservations, no tickets will be sold at any other location. Music will be provided by the Jay Moran band, which consists of five pieces. Guests will not be permitted to bring their own liquor. However, set-ups and individual drinks will be available at reasonable prices. The dance will begin at 9:30 p.m. and continue until 1:30 a.m. More information may be obtained either through the 5.8.A., or contacting Bill Love. Store Front Office at the Fruitbelt Education and Information Center The Ombudsman (officially des- ignated as the Citizens Adminis- is open to all citizens of Buffalo, and those citizens operating businesses within the city limits. The service considers complaints by citizens against the local government, that is, the City of Buffalo and the County of Erie. trative Service) days through Fridays, and from 2 p.m. until 5 p.m. on Saturdays, complaining citizen, but serves rather as an independent intermediary between the citizen and the government. Most of the complaints will be solicited through the two "storefront" neighborhood offices, located in the Woodlawn Education Information Center, 1352 JefIn some instances, it may con- and ferson Aye., and at the Fruit sider complaints against offices Belt Education and Information of the state and federal governCenter, 240 High St. The main ment within Buffalo. If the service believes that a complaint may (Cont'd on Page 3) �NOVEMBER, The OPINION 2 Editorial Comment QUALITY BEFORE QUANTITY Election Reform Needed To Stop Confusion The recent S.B.A. election once again points out the inability of some of our standard procedures to keep pace outdated with the changing times. The foremost of theseregulating "Law Students are traditionally conservative." is the present method of running and practices This statement has been made by one of our faculty S.B.A. elections. members on several occasions, and We think it is fairly acAs the past election has demonstrated, an election board curate observation. As a group, we ignore our own discomforts, accept our cannot haphazardly be thrown together two weeks before an surroundings and are prone to concern ourselves only election, and be expected to function properly. There was with the task at hand specifically, working towards our confusion as to when petitions would be available, where and degree and admission to theBar in the most expedient man- to what extent, if any, posters could be used, and when ner possible. the election was to take place. A time comes, however, when we should stop what we With the continued increase of student enrollment, are doing, look around at our environment, and determine elections will become more complex, both as to the number whether or not we are satisfied with what we see. of candidates and the means they seek to employ. The time It is our contention that not one of us attending this to prevent another disorganized election is NOW, while the law school should be satisfied. engrained in all of us. This law school is outrageously overenrolled and it will faults of the past are still freshly We propose that an election board be created to promulgate get worse. regulations concerning each election. It should At present we have a total enrollment of 435 students. rules and the violation The projected enrollment for the coming year is 525 students. be given power to suspend any candidate for to meet far required In 1969 the school expects to enroll 240 freshmen which of its rules. The Board should be every advance of so as to enable it to election will bring the total to 600 students. In 1970, 255 freshmen enough in notice will probably enter bringing the total to 642. In 1971 the promulgate the necessary rules, and give sufficient A candidate should not be placed in a projected number of freshmen entering the Law School will to each candidate. in which he finds part of his plans to have been be 270, bringing the total student population to 680. Not position implement them. before 1972, when the total enrollment will be 736, will the forbidden—after he has already begun to law school take over its facilities on the new campus in The fact that a member of the Dean's Office found it Amherst. necessary to come before the S.B.A. and suggest rules of his "Certainly something will have to give before that time. own, does not speak very highly of our past procedure. IndeNew facilities downtown will have to be acquired." pendent student government must be exercised in a responThis is the answer that was given by the administration. sible manner, or we will eventually surrender to the faculty Their answer to the problem of the lack of facilities, is to by default, what little power we do possess. acquire more space in various buildings downtown. We do not feel that this is the correct answer. Certainly more space in the form of lounges, libraries, reading rooms, and student service facilities are needed just to make the present enrollment of 435 students resonably We wish to congratulate Herb Siegel on his election comfortable. To continue to admit students at a breakneck as S.B.A. President, as well as commend all of the candidates pace and then distribute them around to various sections on a clean, but hard-fought election. Now that the election of the city seems to defeat an important goal of education. is over, we hope that all involved will be able to combine That goal should be to provide for the student an integrated their energies and bring to the Law School the type of facility for the exchange and discussion which is an integral active leadership it needs to successfully meet the problems of a rapidly expanding school. part of any educational experience. Dean Hawkland wants to make this school the best law school in the country. This is certainly a desirable goal; however, we do not believe that this goal can or should be reached by jamming as many students as possible into as little space as is feasible. It is our position that a quality legal education can best be obtained through smaller classes and a better rapport between student and teacher. This simply cannot be obtained Defendant was tried in District By Steven Gillers found guilty and sentenced by a religious adherance to an enlarging scope of freshmen From the New York University Court,days — CONGRATULATIONS 1967 Letters To the Editor, Well, is everybody ready to enjoy a wonderful Christmas vacation? It is not a new topic that thisletter expounds. Many letters to the editor have condemned the practice of the State University of New York at Buffalo to test its students immediately after the Christmas vacation(?). Students have always indicated their fondness for this university policy, and they have dutifully and diligently taken their books home with them to put in many, many days and nights of hard study. After all, there is nothing difficult about studying for exams during a long awaited holiday. As previously stated, this is not a new gripe, and the university policy will probably not be changed. But, it seems that the administrators have hit a new low in depriving the students of some of the holiday festivities. The law school has decided to commence final exams on January 2nd. This glorious innovation will hopefully make reformers out of the worst of the apathetic. Won't it be swell to tell your girlfriend or wife that you can't go out on New Year's Eve because you have to study for an exam or you must drive up to Buffalo on December 31st so you can get here to study all of January Ist. Of course, there will be the hardy students who will venture out on the eve of the new year, get drunk and have a good time, drive to Buffalo on January Ist, and be wide awake and alert for their exam on January 2nd. Good luck, hardy bunch!! It would be nice to hear that the exam schedule has been changed, for the juniors now, and for the entire student body as a rule for the future, and that the first exam will begin on January 3rd, as it has in the past. In any case, everyone have a wonderful vacation and a Happy(?) New Year! Robert Sommerstein Commerce Clause Extended To Swallow "Commentator" (Following is a decision the admissions. to 10 Kool-Aid Stands in jail and fined $87.69. fidentof the Framers of the Conimmediately becomes aware that whatever he said is tantamount to that document itself. It is not difficult for the perceptive observer to see how Defendant's Kool-Aid stand could affect interstate commerce and thus justify congressional regulation. Certainly a single stand may have only an insignificatn effect, but when measured and multiplied by all such stands in this vest land, the harm becomes appalingly real and the threat to the large interstate beverage industry apparent. Around the corner from Defendant's stand is a candy store selling no fewer than five beverages sold in interstate commerce, and only 16 miles away is a major interstate highway, much used by cross-country truckers. The largest Coca-Cola bottling plant east of the Mississippi is within a five-hour drive. Cf. Wiekard v. Fllburn, 317 U. S. 111, a case that went much further than we go today by restricting the use of wheat grown for perstitution, one The Court of Appeals upheld the conviction in a thorough and before this decade ends.) well-reasoned opinion and DeThe Chief Justice delivered the fendant now appeals to this court on the ground, duly raised below, opinion of the court. We decide today a case which that Rule 46 is unconstitutional tests the limits of the Commerce either on its face, or as applied power given to Congress in Artto the facts in this case. We do icle 1, Section 8 of the Consti- not agree. tution. That section, in no unWe reject the contention that certain terms, states that "The Rule 46 is unconstitutional on its face. Cases upholding this view Congress shall have power among are too numerous to mention, so To regulate Commerce the several states." The question we won't metion any. before us is: Defendant's second contention How far does this power ex—that the rule is unconstitutional as applied to the facts of his The fault does not lie with the persons responsible for tend? Defendant in this case in a 9- case—presents a more difficult providing us with physical facilities. The fault lies with the boy, a resident of the problem, but after a most peneinsistence that space must be provided for the intended en- year-oldNew Bronx, York, was ar- trating analysis of the issues inrollment. The enrollment must be modified to meet our rested in front of who his home at volved, we affirm the conviction facilities. 1313 Jerome Aye. on the afterbelow. We do this because we are noon of July 19, 1968. The temperature on that day reached certain that the Framers of the 102 degrees, and Defendant was Constitution, when inserting the engaged in the sale of Kool-Aid, Commerce Clause, intended to a homemade drink, which he was cover the single enterpreneur THE selling across a wooden stand Kool-Aid salesman. One need only along with comic books, not here look to Chief Justice Marshall's in issue. opinion in Gibbons vs. Ogden, 9 Defendant was charged with Wheat. 1 to realize the vast area sonal consumption. Co-Editors violation of Rule 46 of the Fedthat the power was meant to We have the unfortunate task eral Regulation of Daily Life Ad- cover. Douglas S. Cream Lee Mondshein here of choosing between two ministration (FRDLA), which proMarshall said, "The power, like American values —that of a stable hibits the sale of any beverage all others vested in Congress, is economy and that of defendant's except water at a rate less than complete in itself, may be exfrontier spirit. Reluctantly, but Photographic Manager 1.75 cents an ounce. Defendant ercised to its utmost extent, and out of neccesity, we choose the Kenneth Cohen was charging 5 cents for eight acknowledges no limitations, othfirst. The judgment is affirmed. ounces, or .625 cents an ounce, er than are prescribed in the ConMr. Justice Douglas, joined by a clear violation of the rule. stitution." Mr. Justice Black, dissents. Staff Rule 46 is based on the federal We find nothing in the ConI dissent on the ground that statute delegating such rule makstitution specifically preventing Defendant, not informed of his Mary E. Bisantz Denis A. Scinta ing power to FRDLA, which the application of the Commerce right to use the bathroom while Elbert Hargcsheimer 111 Frank A. Shwartzman statute is in turn based on the power to Kool-Aid stands. And in the police station, could not Commerce Clause of the Constiwhen one further realizes that have given his confession voltution. the then Chief Justice was a conuntarily. The Dean has expressed his intention of cutting off the enrollment at 800 students and maintaining that number. There is no reason on earth why he cannot cut off admissions at a total enrollment of 525 until we move into the new facility. It is simply unfair to the students to make our legal education a matter of disorganized trouping from one buildto ing another. To make our legal education a matter of overcrowded classrooms, intolerable spatial problems and insufficient number of faculty members does not add up to a rewarding, quality law school. OPINION Supreme Court is likely to hand down ... . �NOVEMBER, 1967 Representative The OPINION Sfratton: In Defense of Vietnam By Lee Mondshein The Vietnamese war, subject of numerous discussions, debates and demonstrations, was the topic of a lecture by Rep. Samuel S. Stratton (D., N. V.) presented by the Speakers Forum of the Student Bar Association. Mr. Stratton, a former mayor of Schenectady, was elected to Congress in 1958, and is presently a member of the House Armed Services Committee. He has also added to his knowledge of the topic by having made two trips to Vietnam. According to Mr. Stratton, the reason for U. S. involvement in Vietnam "is a very simple one"—"to resist armed aggression" because we have learned from past history that the only way to protect law and order is to prevent aggression from succeeding. To allow the present aggression to go unchecked would, in his opinion, lead eventually to a third world war. Mr. Stratton's answer, however "simple," ignores one of the primary contentions of those opposed to the war—that it is a civil war and the U.S. is the actual PAGE THREE JAFFE LECTURE Mr. Martin By Frank A. Schwartzman On Nov. 18, faculty and students of the Law School crowded into Room 110 to witness the return of former Dean Louis L. Jaffe. Professor Jaffe visitedBuffalo to deliver a lecture on the subject of "The Individual and the Agency," as part of the SBA speakers' program. In his discusion, Jaffe stated that as the scope of government increases, a conflict develops between the spheres of public power and private rights. The vast powers and reach of government tend to create a belittling of the individual and results in a sense of individual helplessness. Ironically, this sense of helplessness has resulted in a shift whereby the individual finds himself in a position where he is aggressor. likely and better able to Mr. Stratton stated that "we all want peace" but differ more challenge the reach of governon how it can best be obtained. There are situations where mental authority. The "little "force and killing are the only alternatives," and history man," to counteract his seemingposition, has experiitself has demonstrated the truth of this proposition. He went ly helpless "explosion an of claimson to compare the present situation with pre World War II enced consciousness" through which he days, quoting from the philosopher Santayana that "those can either defend or assert his who are unable to learn from history are condemned to personal rights against the enrepeat it." Although the aggression today is more complex croachments of the government —wars of national liberation are actually aggression dis- agency. The courts, in response to new guised as civil war—the basic premise that unchecked agkinds of claims by the "little gression leads to more, is just as applicable today as it was man," have eased their traditionin 1938 when Chamberlain brought us "Peace in our time." al restrictions on standing and most frequently asked question today is why don't thus made it more likely that The we get it over with quickly, or just pull out? Mr. Stratton the individual will press his claim an attempt to check the sphere feels that we cannot withdraw without damage to Southeast in of public power. Another developAsia, and to our own world position, leadership and na- ment along these lines has been tional security. The U. S. should not admit that "it cannot the creation of groups, such as handle a minor power." As of today, it is an academic ques- the NAACP, which represent inin a legal capacity so tion whether we should have become involved or not. The dividuals as to assert claims in the genfact remains that we are there and the problem is what can eral interest. Groups such as best be done about it now. Had we not been there, Mr. these, Jaffe said, have come to Stratton feels that the recent overthrow of Sukarno in Indo- represent "the liberal ('or bournesia would not have occurred. If the U. S. were to pull out, geois') conscience of our society. Professor Jaffe received both it would serve as a signal to the people of Southeast Asia to Law Degree and Doctorate change and accept the "inevitable wave of future commu- his from Harvard Law School and nism." served as law secretary to Mr. Commenting on the intellectual opposition to the war, Justice Brandeis. He was appointof the BuffaloLaw School Mr. Stratton remarked that most of it comes from those in- ed Dean serving as a provolved in other fields, and that the majority of the Asian in 1948 afteryears. for His two year fessor 12 experts favor the war effort. administration as Dean saw the As for a quick military victory, Mr. Stratton also re- building of our present facilities jects this alternative, showing a degree of restraint and at 77 W. Eagle St.' Jaffe's repurationality that is unfortunately lacking in many other sup- tation as a prolific writer and legal scholar has resulted in his porters of the war, as well as in the Pentagon. Unlimited being considered one of the counbombing of North Vietnam would be too dangerous. Mining try's most noted experts in the Haiphong Harbor involves a substantialrisk of sinking Soviet field of administrative law. He and other foreign shipping. A direct invasion of North Viet- resigned as Dean in 1950 to acthe Byrne Professorship of nam would pose a serious threat of Chinese intervention. cept Administrative Law at Harvard (This threat is a definite possibility. It should be pointed out Law School, which chair he still that Gen. MacArthur told President Truman when he en- holds. tered North Korea, that the Chinese would not intervene; he was wrong.) Mr. Stratton concludes that we can neither withdraw Blackstone nor do much maore than we are presently doing. He does Formed feel that there has been definite progress in the last 2M The Blackstone Society was years: a more unified country; an elected government; and formed in September by a group more Saigon control of the outlying areas. of students in the faculty of law. Its purposes are twofold: the What it boils down to is not a struggle of weapons, but quest of understanding the prina belief by the North Vietnamese that we do not have the ciples of justice and the law, and guts to stick it out and use our strength. Ho Chi Minh beincreased social activity among lieves that his best course of action is to hang on until the the fellows. The society plans a series of 1968 election when a war-weary country will rebuke Presseminars concerning such topics ident Johnson, said Mr. Stratton. We are involved in a "test as legal and judicial the of will and determination." If the U. S. can demonstrate a New York Penal Law, ethics, and "the little patience and unity, as well as the guts to stick it out, view from the bench." Professor Robert Fleming and Erie County Mr. Stratton believes Ho will give in. Attorney Broughton disAlthough not directly criticizing the right to dissent, cussed the John proposed N. Y. constiMr. Stratton classified dissent as part ignorance and part tution with the fellows at a reemotionalism. Dissenters, he states, should be aware of the cent meeting. Elected to the Board of Govprice that we are paying for their dissent. ernors for the Fall Term are Mr. Stratton's talk presented some of the usual ad- Jonathan Z. Friedman as Chanministration-line arguments, as well as some which were cellor, Alan R. Feldstein as Viceclearly the product of his own thinking. Some of his theories Chancellor, Howard F. Gondree and Thomappear more credible and realistic than others. But if this as Secretary-Treasurer, G. Kobus as Fellow-at-Large. is a fault, it is one no less common to the opposition. How- asOther founding fellows include ever, there are two basic weaknesses in his overall presen- Helen Kaney, Mary Bisantz, Richtation. The first is his failure to deal with the legality of ard Kwieciak, Michael Colligan Cascontinued U. S. action in terms of international law and the and Michael Couture. Peter tiglia, a former UB law student, United Nations. is an "honorary fellow." The second is his failure to deal with the legality of (For further information, conour present intervention in terms of our own system of con- tact Mr. Friedman at 873-8115 or Mr. Gondree at 883-0766). stitutional government. Society Karpatkin, The Conscientious Objector By Mary Bisantz On Nov. 1, 1967, the Speakers' Program of the Student Bar Association presented Mr. Marvin Karpatkin, speaking on the status of the Conscientious Objector after the Seeger case. Mr. Karpatkin stated that under the standard of the Conscientious Objector statute before 1965, most persons with traditionally pacifist backgrounds had little difficulty in obtaining conscientious objector classification. These included persons with such religious orientations as Quaker and Jehovah's Witnesses. MR. MARVIN KARPATKIN The Seeger case gave a new interpretation to the statute, defin- ing "Supreme Being" in terms which would be satisfied by anyone who professed a belief at least parallel to beliefs held by members of the since the Seeger case. Among these is the problem of the claimant who files for conscientious objector classification just prior to or immediately after receiving his induction notice. In such a case, he pointed out, the claimant , rehas not been allowed anything in "the more than "consideration" by the broadest possible 20th Century selective service board, and has terms." This case gave the gov- no right to a full hearing with ernment the opportunity to satiswitnesses before a Justice Defy the problem of those consci- partment hearing officer. entious objectors who had been previously disqualified for failThe speaker mentioned four ing to come under the rigid "Sutypes of cases which are seempreme Being" and "religion" ingly not covered by the Seeger tests. decision. These include the "Ath"orthodox" ligions. Moreover, the Supreme Court defined religion However, Mr. Karpatkin pointed out that the Selective Service boards have become hostile to this new interpretation of the statute. Quoting the Marshall Commission report, he observed that in one state, more than 50 per cent of the local board members felt that there should be no conscientious objector status allowed to anyone. Moreover, since Seeger, the Chief of the Conscientious objector section of the Justice Department has developed the pactice of reversing the decisions of the hearing officer who recommend conscientious objector classification. Mr. Karpatkin observed that several problems have arisen eist objector," the "discriminating objector" who opposes only cer- tain wars, the conscientious objector who refuses alternative service, and finally, the "conscientious non-cooperator" who refuses to participate in selective service procedures in any manner. Mr. Karpatkin concluded his lecture with a brief analysis of the 1967 statute. He stated that there were two changes made. The more important and troublesome of these changes is a total elimination of special appellate proced- basic ures before a Justice Department hearing officer, with full right to counsel and a full investigation of the claimant's background. Ombudsman (continued from pg. 1) The "storefronts" will be manned by a neighborhood aid who comes from the local area. In addition to these neighborhood aides, 11 law students, who have been chosen to work on the project, will help staff the "store- fronts." C. are: Anthony Brankman,Brian B. Eden, Nor- These 11 students man P. Effman, TomFrank, Alan D. Goldstein, Patrick E. Joyce, Walter H. Mahoney Jr., Lee Mond- junct professor of the State University School of Law. The deputy director of the project is Mr. Lance Tibbies. He has formerly served as staff attornel for both the Bureau of Municipal Research and Service at the University of Oregon, and the League of Oregon cities. Mr. Tibbies was Special Assistant to the Director of the University of Oregon's School of Desegregation Training and Research Institute shein, Max E. Schlopy, William immediately prior to coming to Stibel and James M. Van de Buffalo. Water. The grant expires on Oct. 31, 1968, but the directors plan to The director of the project is stop activity at the end of the Mr. John Hollands, who has been summer and use the remainder practicing law since 1931. He has of the time to evaluate the rerecently retired from the Buffalo sults. If the project proves worthlaw firm of Phillips, Lytle, Hitchwhile, there should be a chance cock, Blame and Huber, of which of its being continued. he has been a partner since 1946. Commenting on the project, His experience includes 10 years Mr. Hollands stated that "it is an in various governmental posts in extremely interesting project and Washington. Mr. Hollands, who is I hope that It will prove of value a graduate of Harvard Law School, both to the citizens and governhas recently been named an adment concerned." �NOVEMBER, The OPIN lON 4 1967 S.B.A. ELECTION CANDIDATES (The candidates whose statements appear below are not the only ones running. They are, however, Freshman Representative* is without a doubt improving, John J. Livingston what other top law school in During the last two months as one of the interim freshmen representatives on the 5.8.A., I have had the opportunity to re- Marge Quinn Due to the fact that I feel as a freshman law student we have not yet had sufficient exposure to make any rash promises of our intentions in improving the school, I will confine my so-called campaign promises to propositions of the few things that I feel need improvement. review the history of the S.B.A. and to realize the challenge it faces in the future. I would characterize the challenge as being twofold. In one respect it pertains to its responsibility to the student body in regard to the S.B.A.'s role in the development of the Law School. Secondly, the S.B.A. must act as the central force for establishing activities within the student body. The Law School is developing very rapidly and will continue to do so during the next few years. The administration and the student body must work together in this development. Unquestionably, the S.B.A. should assume the responsibility of not only protecting the interests of the students, but also of promoting the interests. At the present time, it is not the policy of this Law School to award I—More adequate notice should scholarships to members of the he given by the S.B.A. of the freshman class. The Law School social functions and policy changes. 2—Revision of library rules in regards to reserved books, ie., if there are available more than 3 books, the 3 books should be reserved and the others should be allowed on overnights. 3—Adequate information on all available scholarships and loans in law should be made available through the S.B.A. office. 4-^Registrtion for incoming freshmen should be revised to include mail registration for those out-of-town students who, except for registering, have no purpose in Shouldn't both sections of the freshman representative, I will bring this matter to the attention John J. the denies scholarships to deserving freshmen? This policy must be changed, and I believe that the S.B.A. should provide the stimulus for its repeal. I would assume that we would all agree that the non-academic activities of the Law School are uniquely important. Since we are alphabetically segregated into groups for class attendance, we often become isolated within that group. The S.B.A. should provide the means for a more suitable integration of not only the students within each class, but of the classes. One such method for providing this integration would be the establishment of an intramural league for Law School studentes. Such a league would promote an informal atmosphere which would be most beneficial in many nation Livingston would like to discuss what I feel are the most important problems which must be solved by the Student Bar. When I came to this Law School, I had attended three different universities. As a result of this movement I never had the opportunity to take an active role in student government. When, in 1966, the SBA made it known that it was selecting members of the then freshman class to serve as representatives, I submitted my name. I was not selected at that time on the basis, I believe, of not having the required experience. Since that time I have attended almost every meeting and have participated in many of the fuctions of the SBA. Despite the fact that I had no vote in the Association I advanced suggestions, argued problems, and rangement I had suggested, and worked on, the idea of forming a Professional Student Association made up of the Law, Medical, and Dental Schools. It was my hope that we could avoid the necessity of going to the Student Senate in order to receive our funds. I thought that in this way we could more easily finance the activities which were pertinant to a Law School, but which the Student Senate failed to recognize as important. As we are no longer a part of the Student Senate, this suggestion no longer seems relevant. I have worked with Lee Mondshein in putting together the Opinion is the OPINION. The dents have a right to expect. On the other hand, one particularly fine, and superbly qualified instructor was lost to this school last year as a result of one evaluation (or so we are told by the administration). If, in no other area, the students must have a voice in the determination of who will remain on the teaching faculty of this school! USED LAW TEXTS? fellow classmates, in betterthe academic as well as extracurricular aspects of our school. BUFFALO TEXTBOOK _______ ... , 3610 MAIN (across from UB near Bailey) 833-7131 JS4 ra£ are cqn- cerned, I feel that the SBA should play a much stronger role in the running of our school. For one thing, the students now sitting on faculty committees should have a vote on those .•",5k m VM W fJnr,.^'n^n <er'"M.lO.?.r n As far as suggestions '" committees. The most important committee as far as I am concerned is the Promotion and Tenure Committee. The S.B.A. should play a greatrole in social activities an ever increasing student body demands this. It may be done — er through sponsoring more dances, mixers, athletic competitions, etc. ! j'ljj 111 l-B=Sa=l^ ■Bp ;: they are safe and available Eg p| School. ing TRY US tees. YOU WILL FIND WESTERN'S SPECIAL IjjjH SAVINGS M ij' SERVICES | "I' INVALUABLE IN HANDLING CLIENTS' ■&-. RESERVE FUNDS that must earn a top kjpßfcmm|,- interest dividend while little help, we have tried to put out a paper worthy of the my As I. LAWYERS we have I think that this indicates my strong desire to work for you, . schools I attended. There is abso- lutely no excuse for keeping on instructors who fail to live up to the standards which we as stu- only newspaper of the Law School, and despite the fact that looking for a store to buy and sell used texts. We'll stock new & used casebooks, hornbooks, briefs, outlines and other material. Picas* sail y U rb..k.h.r.. candidate for representative to the Student Bar, I would first briefly like to state some of my qualifications. I have had a continued and active interest in the Law School. Although not being an elected representative, I have attended S.B.A. meetings on a regular basis. Last year, I participated in discussions with members of the G.S.A. and Med-Dent Student Council exploring the possibilities and alternatives to our then being a part of an undergraduate Student Senate. Along with one other student, I drew up a petition which resulted in an extension of library hours during last semester's exams. But it is not enough to rely on the past. If elected, I will attempt to secure a greater voice for the student body in Law School affairs. It has been the passivity of past governments that has resulted in students being regarded mainly as figures in an enrollment schedule. One need only look at the inadequacy of our present facilities, or the scheduling of final exams on January 2, to bear this out. I am also in favor of a much needed revision of the present curriculum, broadening its scope while at the same time presenting the material so as to better prepare us for the Bar Exam. To help effectuate this goal, I will work to secure votes for those students presently sitting on the various faculty commit- FRIDAY, DEC 1 I am serving as a student member of the faculty committee on admissions, and am working on clearing up some of the problems we are all experiencing with our mechanized cafeteria. your Lee Mondshein tions from their students and are kept on in a teaching capacity. This is the most flagrant abuse of the student's patience that I have witnessed at any of the tors receive inadequate evalua- There are other areas where I feel that the SBA has failed to assert its leadership. The SBA is supposed to represent all the students at the law respects. school yet it has failed to solicit The S.B.A. has a vital role in general participation of the stuthe Law School. To insure and through its rigid adherence dents expand its role, I ask you for to an agenda. When groups of your vote. students did appear to express dissatisfaction, they were denied the floor. If I am elected I will take steps to provide for a more active participation of the general student body and will work towards greatly increased student participation in what have been strictly administrative decisions. of the S.B.A. and make a sincere and concentrated endeavor to took assignments the same as any quench the thirst of desicated other representative. Until the freshmen. recent change in the fiscal ar- We are organizing our used Law Dept. now. We need Year after year certain instruc- Doug Cream—Junior Representative I would like to take this opportunity to present my qualifications for the position of Junior Representative to the Student Bar Association. At the same time I the Opinion—Ed.) Junior Representative but coming to Buffalo two freshman class have representatives to the Student Bar Association? I believe Section A of the Freshman class should have some representation in the S.B.A. At present. Section B has four tentative representatives to the 5.8.A., and Section A has none. Presently, I am the only freshman representative candidate from Section A. If elected, I will d& my utmost to represent the freshman students individually with respect to any issues and problems they wish to have brought to the attention of the S.B.A. and to represent the freshman student body as a whole on any major problem. Many students have already called to my attention the absense of a productive water fountain in the basement. If elected as submit statements to only ones who chose to VOTE weeks early. I have enjoyed serving on the Student Bar since September and ask for your support of my candidacy on Dec. 1 as one of the four freshmen representatives. Roger Billyard the for You and Your Clients jjf WESTERN SAVINGS BANK OFFERS... Accounts Accounts WWiJAW • Individual<« Truit • Joint • Accounts In Trutt FteiitnaaiMi ■:j.'"-: Accoun" « Joint Livln 6 or Inter Vivoj Trust Trustee Escrow IpSfBE X .' • *'"' K^MHjMjjS.1 *Accounts • Fiduciary Accounts • Nonprofit ==^.: Organization Accounts • Religious and Accounts in unlimited amounts ■Kip Charitable JESS1- Custodian Accounts under Article 8A of the• MEfcfe Personal Property Law Legal Custodian 4&jt¥7- Accounts for children §jKE<" rgP '^SSSlawWßitla of appointment • and adults under letter from the Veterans Administra- Security * Administrator !»'J^v||JggJf! "°" ■■'• •JSm 11**""'Wft Egg. Guardian Accounts Certified by Social You may now deposit up to *25'°°° Qn Individual Saving! Account $50,000 in a Joint Savings Account $25,000 in an Individual Trust Account '" 'W WESTERN ' '•» THE X SAVINGS M.mbir Federal D.po.lt BANK OF BUFFALO InmrHtt Corpor.llon � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1967-11-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 8 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/1967 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/04f58a43f22b4c86ddb5e5afac85cf7d.pdf 566fe13c853fe7be58ed0e7d338bf049 PDF Text Text THE OPINION Vol. VII No. 2 DECEMBER, 1966 Moriarity Elected SBA President Professor Touster Appointed Ass't to President Meyerson In late August, President Martin Meyerson announced the appointment of Professor Saul Touster as Assistant to the President of the State University of New York at Buffalo. Upon learning of this appointment, many law school upperover and over: "Who is going to teach classmen began to ask the same question contracts?" or "Will he still be able to teach the freshmen contracts course?" It soon became clear that Professor Touster would not be able to teach the freshmen about the good Doctor McGee and Mr. Hawkin's hand that was somewhat less than 100% perfect. In fact, so that Mr. Touster could devote the necessary time to his new position, his teaching load was limited to one senior seminar Law and Medicine. — "My greatest regret in accepting the appointment," Mr. Toouster a SUNYAB Law School member since 1955, "was giving up full time teaching, especially the freshmen contracts course. I liked teaching the freshmen, and enjoyed the excitement of the large classes using the Socratic method. I feel that the first year of law study represents the initial point in the transition from a liberal arts to a professional outlook, and hence the development of proper study methods is important." Prior to his appointment, Professor Toouster served as a member of the Faculty University Senate at SUNYAB, during which time he took an active part in helping to formulate this group's recommendations as to educational policy of the University. His new position will allow him to devote more time to these same considerations. As to his reaction to the appointment, Professor Touster said "President Meyerson has a dream of a great university, and I consider it an honor and a challenge to be asked to help realize that dream." Picture Essay This Issue On pages 4 and 5 of this issue, there appears a picture essay giving a pictorial account of the physical locations of the law school since formation in 1887. The Opinion wishes to thank Law Librarian Balfour Halevy for the loan of the necessary pictures from the libra- ry files. from the Presidnt' esk D With the close of this semester and my term of office as President of the Student Bar Association rapidly approaching, I would like to take this opportunity to express my appreciation and gratitude to all those connected with what I consider to be a very fruitful year. A list of names of those deserving my personal thanks would be too extensive for this column. Therefore, thank you to the members of my Executive Committee, the members of the Board of Directors of the SBA, the various committee heads, the faculty, and many students of the SBA, the various committee heads, the faculty, and many students of the Law School. When I took office last March, I had three specific goals in mind, along with several general goals. The first was a promise to conduct a vigorous sustained campaign towards a J.D. Degree for this school. This drive is going on right now. It would not be wise to predict its success or failure. This depends upon the vigor with which the new administration advocates this change. Secondly, I intended to kindle some fires which would lead to a change in our highly inadequate placement system. It was understood that this could not take place overnight. A comprehensive report including suggestions will be submitted to the faculty before the close of this semester. Thirdly, it was my intention that our Speaker's Forum could be greatly improved. I think its progress this semester speaks for itself. This semester we have accomplished The results of the Presidential election held Tuesday, Decmber 13 were announced that afternoon by Brian Rhatigan, retiring SBA President. In an election that saw two members of the Irish Mafia opposing each other, Bob Moriarty emerged the winner over Bill Sullivan. In the class elections, held Wednesday, Dec. 14, the candidates for SBA representative in the Junior Class ran unopposed. The three candidates running for that position were Jim Huber, Jim Van de Water, and Mike Wolford. Bill Sullivan will fill the fourth position as provided for by the Constitution. In the Freshman class elections, the following eight persons ran for the four positions: Ron Axelrod, John Bartolomei, Bohdan Harasym, Brownell Johnston, Lee Mondshein, Gary Roberts, John Segreti, and Joe Spaeth. The winners were Brownell Johnston, John Segreti, and Joseph Spaeth. There was a three way tie for the fourth position between Ron Axelrod, Lee Mondshein, and Gary Roberts. The winner of the fourth position will be determined in a run-off election on December 19. A Sign of the Times (appearing on the freshman bulletin board) At breakfast this morning, the Kingsized box of Korn flakes was empty. The Touster was broken and spat forth Fleming pieces of bread. Then I busted a hole in the seat of my Jockey-Swartz getting into the car. On the way to school, a cop handed me a speeding Simmons, but luckily I managed to Bir- zonerate myself from it later. And of course Mr. Kochery didn't make this nine o'clock class!!! ANOMALOUS. many things. To be specific in this limited space is not possible. A brief check of the minutes of past SBA meetings one thing. It was my belief that we could will substantiate this statement. However, I would like to mention accomplish much more by a firm yet cooperative position in dealing with the faculty. We have been told by several members of that group that it was the general feeling that ours has been one of the most helpful and successful groups in dealings with them for the benefit of the school in general and the students in particular. This serves as a credit to all those connected with the functions of the SBA. And more important, it sets a (Cont'd on Page 6) �December, 1966 The OPINION 2 btoto... WHY GET INVOLVED Much has been said in the past about "getting involved," whether it be in controversy or activity. From time to time during any year, you read about persons who, for fear of getting involved, refrain from the proper course of action. It is but a refinement of this excuse that plagues the Student Bar Association each year. The seniors will tell you that this is their last opportunity to do well in school; the juniors will tell that they are facing their most difficult two semesters; the freshmen will tell that they do not know what to expect from law school and they want to hold off from taking anything on "for a while." The only problem is that this "for a while" lasts for three years. No one will doubt the reason that most are in law school: to continue their education and obtain a background in the law. At the same time, very few can honestly state that, in the course of a month, he will not waste at least a couple hours (more likely a multiple of this) doing something worthwhile—like watching television, playing cards, having a couple with the fellows, etc. It has often been suggested that anyone who is willing to give something to take a degree from a given school should be willing to give something in exchange to the school. Some through the Buffalo Law Review make a very lasting contribution to the school. However, contribution is not and should not be, limited to these few in each class. There is much to be done in places that all can help. By working through and with the Student Bar Association, much of lasting value can be accomplished. The current movement concerning the J.D. Degree is but one example. Another is the proposal now pending before the Student Bar Association concerning adequate representation of SUNYAB students before the Student Judiciary Board. The activities of the Student Bar Associations are limited only by the ideas brought before it, and the help extended in implementing these proposals. Certainly there is no student who cannot express his opinion on the way the scool is run, the organization of the Student Bar Association, or any other phase of law school activity. Yet these thoughts, opinions, or ideas are suppressed for fear of getting involved. When was the last time that you heard of a lawyer who did not want to get involved? — Student Judiciary Currently, the SBA has before it a proposal concerning the formation of a Student Judiciary Committee in conjunction with the University of Buffalo undergraduate division. The purpose of this committee would be to assist, advise and ultimately defend any student who is in jeopardy of losing his standing at the college. This would include suspensions, outright removal of students and all lesser offenses which might come before the Student-Faculty board. The essence of the proposal is that a student in this position could seek aid from a pool of interested and willing advocates. The Committee would consist primarily of law students who voluntarily offer to take part in these controversies. The proposed committee would be under the auspices of the SBA. This writer is of necessity in accordance with a proposal which intends to give a student the opportunity to practice his future profession. There is a saying to the effect that a journey of a thousand miles begins with one short step. This might be that first step for many a future trial lawyer. Again, this proposal would require participation. Many students believe that some activities are relatively unimportant. Not so in this instance; the proposed activity would provide a real opportunity for a student to gain experience in advocacy. THE OPINION supports prompt action on this proposal and encourages students to take an active part in the administration of such a plan when enacted. Why Should I Join ALSA The question presented by the headline to this article is one that was asked by most who were approached during the recent membership drive. The results of the drive were that some 35 students decided to "take a chance." While this figure may satisfy some, it is certainly hardly significant when one considers that it amounts to just a Uttle more than 10% of the student body. In answer to the question posed, two answers are found in the November 1966, copy of ALSA Circuit Newt distributed to officers of the many Student Bar Associations across the state and country. The first article presented an appeal to these many Student Bar Associations concerning the J. D. Degree. It told of what had been done thus far, and listed six ways that these other schools could help SUNYAB Law School obtain the J. D. Degree. This appeal, if carried to its conclusion will immethe diately benefit only one group students at SUNYAB. Yet only 35 students want to support an organization that is of great potential value to them. Another article appearing in the November News and entitled "A Call to Arms" was written by Patrick D. Kelly, Dean of the University of Missouri at Kansas City School of Law. This article, reprinted below, makes an appeal for support of ALSA. The article follows: Irrespective of one's evaluation of the present state of affairs in the Legal profession, it must be admitted that it would be better if more lawyers exhibited greater personal concern. Must it not also be admitted that the one best means of expressing concern in an affirmative manner is to join with others in projects for the betterment of the legal profession. These propositions admitted, it follows that members of the profession should be active members of bar associations—local and national. Seldom can one man standing alone, accomplish more than a rippling of the pond with his personal efforts. He may make a large splash in a small pond, but hardly anyone but himself will get wet. In the large sea he cannot create a wave that will be even noticed. This is a society of influence by organizations. Unless one should relish futility, he will add his efforts to the influence of the organization. For law students then, the message should be membership in his Student Bar Association and in the American Law Student Associaton. It is no answer to say that active bar association membership can wait until admission to law practice. Endeavors put off until tomorrow are too often put off for too long. All of us are inclined to say we will do what is expected of us tomorrow. And we really would, if only we start today. By having commenced bar association activity as a law student, a lawyer will have already acquired the professional attitude that is found in active bar association members. This attitude was typified in the spontaneous remarks of a recent bar admittee shortly after that wonderful moment of being sworn-in. It was suggested to him that the anxiety of waiting on notice or the bar examination results must have been horrifying thoughts such as "What will I do, if I failed?", "What will my family say?". His response was that he didn't remember any such comment from any of his classmates, but rather that they had expressed concern that they "might have let the law school down." These men will (Cont'd on Page 6) — OPINION EDITOR: William P. Sullivan. Jr. FEATURE EDITOR: Jamas Vands W.t.r STAFF: Douglas Cram, How»rd Oorldroa, Edward J. McGuinnass ALSA Raportars: Carl E. Mooradian, Jotaph Platanla Advartising: Judith Hillary Publishad during tha school yaar by lha Studanl Bar Association, Stata Univarsiry of Now York al Buffalo Law School. Mailing Add.ass: THE OPINION SUNYAB School of law 77 W. E-gl. Straa. Buffalo, Now York H-0- �December, 1966 Point of View The OPINION 3 .. . A Dissenting View of the "4-4-4" Plan (Editor's Note: The author of this article is a senior law student at SUNYAB. The opinions expressed in the article are those ot the author, and not necessarily those of the editor, the Student Bar Association, or the SUNYAB Law School. THE OPINION will afford space to any responsible person expressing a representative opinion of an opposing point of view. Letters to the Editor will be printed as space permits.) By 808 PACHOLSKI late August of 1966, the Bufthe In falo Board of Education and the citizens of the "City of Good Neighbors" received quite a jolt. They received a plan from the State Commissioner of Education, entitled "A Plan for Accelerating Quality Integrated Education in the Buffalo Public School System." The plan, which uses race as the primary factor in school assignment, has become better known by the designation "The 4-4-4 Plan." This state drawn plan has been met by a large amount of opposition from the citizens of Buffalo and resulted in a concerted effort by many residents of Buffalo to defeat the plan's implementation. The state plan, which has the ac- celeration of racial integration in the City of Buffalo as its chief goal, provides for the following reorganization of the Buffalo School System: I—Conversion of elementary schools throughout the city into schools which will accomodate grades on which wil accommodate grades one through four at a neighborhood school level; 2—Construction of "middle schools" accommodate grades five through eight and to serve as the initial place for integration in the Buffalo school system. These schools will be located in strategic positions around the city and children will be bussed to these schools. 3—Comprehensive high schools located throughout the city. The Buffalo School Board approved this plan "in principle" in mid-September of 1966 with the proviso that only Negro children would be bussed. I believe that this proviso, which is totally discriminatory against Negro children, was included to sooth public reaction to the plan, which is unconstitutional. The Buffalo School Board approved the implementation of the plan in November of 1966 with only one minor change— the fact that the middle schools will begin their operation at grade six in- stead of grade five. The Buffalo School Board approval of the plan and its implementation has caused a call for an elective school board in Buffalo to be proposed by many op- ponents of the plan. Others have called for the removal of School Superintendent Joseph Manch of Buffalo, who has endorsed the state plan. Athreatened school boycott by parents who claim that the state plan is unconstitutional has also been mentioned in recent months. There is no doubt in my mind that this plan is unconstitutional. My contention is that any use of race in the determination of which school a child is to attend, be it for purposes of segregating whites from Negroes or eliminating socalled "de facto" segregation, is unconstitutional in our American society. The injection of race into the Buffalo school system as a determining factor as to which school a child shall attend will be the first time since the early 1900's that a school board in our state will consider the color of a person's skin instead of a rational differentiating factor as a means of judging his capabilities. The school board in Buffalo and other boards throughout the State of New York have assigned children to one school or another, not looking at their color, but by classifying them according to other factors, such as mental capacity, their accessibility to a certain school and other factors which do not look to the highly arbitrary notion of race. To draw an analogy, the Buffalo School Board has not looked to the cover of the book, the color of a child, but instead to the contents, the person or individual himself. Our American courts have recognized the arbitrary and capricious nature of a distinction on the basis of race and have made it plain that children that are equal as to other qualifications cannot be differentiated according to race in the assignment of school children has resulted in a ruling from our Supreme Court that children cannot be assigned to one school instead of another because of the fact that they are Negro. Brown vs. Board of Education of Topeka, 347 U. S. 483 (1954). This 1954 court ruling did not change any methods of school assignment in Buffalo or the State of New York since, as was already pointed out, the school boards of the State of New York have not been permitted to use race as a sword to differentiate one child from another in school assignment since the early 1900's. Now, as a result of this state plan to accelerate integration, race will be used as a factor in assigning school children. I maintain that the Buffalo Board of Education does not have the right to assign a pupil to one school or another because of his race due to the fact that every child in our country has a right to be assigned to a school on the basis of factors which look to his abilities and talents and not to the color of his skin, which has no significant relation to his character or his capabilities. Once our school boards begin to cut across the children eligible to attend any certain school, and determine their entrance on the basis of color, they are denying each individual child, be he Negro or white, his right to be treated equally without any consideration to a factor which has been admitted to have no rational connection to assigning a child to oone school or another. Our courts have made it clear that children are to be differentiated as to which school they are to attend only on the basis of rational factors, which reach the actual qualifications of the individuals. As Justice Harlan noted, in the dissenting opinion in Plessy vs. Ferguson, 163 U. S. 537 (1896): "Our constitution is color blind, and neither knows nor tolerates classes among citizens." I cannot find any better way of stating my position race cannot be used and will not be allowed as a means of assigning children, equal in all other respects to the school they are to attend. My argument is very simple indeed. Our courts and our society has recognized the arbitrariness and capriciousness of a race as a differentiating factor. Our courts have declared that race cannot be used to differentiate people, be it for employment purposes or school assignment, on the basis of a racial factor. It is only logical to eliminate a factor which has no rational link or connection to a child's capabilities from the group of factors to be used in determining the school he is to attend. It is even more tragic to inject a racial factor, as the state plan suggests, at the cost of other time tested and proven rational factors of school assignment, which directly have a connection to the child in relation to the school he is to attend. As Justice Harlan pointed out in Plessy vs. Ferguson, color has no place in our American system of life and I maintain that color has no place in the Buffalo schools system, be it to correct so-called "de facto" segregation or to separate whites from Negroes in the Buffalo schools. We in America have seen the damaging effects of using race as a factor in differentiating one person from another and I believe that our Supreme Court will not allow the Buffalo Board of Education to reinject this despicable factor into the Buffalo school system. — As to the alleged "de facto" segrega- one comment on this point. The use of tion in the Buffalo schools, I have only race in analysis of a system is as damaging as the use of race in the synthesis of a system. The use of race by Madison Avenue researchers to point up a pattern of "de facto" segregation in the Buffalo school system, despite the fact that the Buffalo School Board has used other qualified and rational factors in assigning children to schools, is an illegal use of a factor with no rational connection or relation to education in Buffalo. I maintain that no matter how devoid the Buffalo school system could be of the racial factor in assigning children, an analysis of this assignment by researchers who use the racial factor would pollute the system with the odious smell of race. �_ LafLiBufSquare barary, fyetaloe Th* Third national Bank Bldg. Main & Swan, Hon* of sth Law School, 1913-1917 1888-1893 andof Law the Homeschool * YSEVN EAR DEVLOPMPNT LAN Great things are in store for the State University of New York at Buffalo Law School. According to Dean H. D. Hawkland, the Seven Year Development Plan of the University is now progressing ahead of schedule. At a recent SBA lecture, Dean Hawkland announced the following projection of growth as reflected in the size of the student enroll- ment. 300 Present 1967-68 480 1970-71 805 The student body will then remain at this numerical level (805) hopefully insuring the benefit of a small student body while meeting thet University's educational obligation. Stafford Bldg. Pearl & Church Sts. 3rd Home of the 1893-1 R<?6 Law School 1 Another projection reflecting the growth of the school can be found in the expected additions to the Law Faculty. 23 Present 29 1967-68 59 1972-73 With expected additions, our faculty will grow to be the largest law faculty in the United States. In addition to these statistics, the that other areas of school development are beginning to meet the administration's expectations. Dean announced CHINESE < Lives /r (Chinese Curse a la I May You Live Your Ellicott Square Building �The school has the largest law library budget in the United States. Every month the school's budget calls for expenditures equal to twice the annual budget of the old University of Buffalo Law Library. Proposals for a new building on the new campus are equally elaborate and imaginative. Judge Williams has tentatively agreed to have the Fourth Department Appellate Division sit at the law school, thus giving the students the opportunity to view the workings of state legal machinery and become familiar with the appellate procedure in New 77 West Eagle Street. Last , . t previous Home of the Law School 1917-1948 York. The plans envision a student dormitory, in connection with the Law School, offering housing to married and out-oftown students as faculty members and their families. There will also be overa nominal fee, for commuting students who occasionally find it necessary to remain late at the law school. However, the Dean cautioned that statistics and new buildings do not make a good law school. The continuing efforts of the students, faculty, and alumni will be needed to help the school gain greater night facilities, at prominence and stature in the legal community. Law School Library 3rd floor, 77 West Eagle 1917-1948 SE CURSE es In A Period Of Transition la W. D. Hawkland) This picture essay is dedicated to those of our alumni who have weathered the "transitional storm" in the past. �December, 1966 Tho OPINION 6 THE COURTROOM LAWYER" By HAROLD J. BRAND JR. On Columbus Day, 1966, Attorney Albert Averback sailed into Boom 110 of the S.UJtf.Y. at Buffalo Law School and proceeded to dispel any notions that the signs depicting him as a "famed trial counsel" were simply examples of puffing." This SBA Coffee Hour Speaker lacked only Melvin Belli's cowboy boots (and perhaps a fourth wife) as he delivered what will undoudtedly be remembered as one of the highlights of the Coffee Hour Series. Boom 110, usually decorated only by tinotypes of long dead jurists and an eyeless bust of Socrates (or is it Plato) was replete with all the training aids used by the modern negligence lawyer: graphic color illustrations depicting the human body, its muscular and skeletal structure; human and man- made bones; and the stainless steel substitutes that oftentimes are used to replace or repair the plaintiff's injuries. Counsellor Averbach indicated to the 5.8.0. crowd that "trial work was an uncharted field" and that he "came before us hoping to recruit our interest and intrigue us." This objective was uniquely accomplished by the enthusiastic, well-spoken and fast-talking Attorney from Seneca Falls, New York. For many who entered that speech undecided as to a possible field of specialization, this speaker did his best (which was extremely good) to convince them to be a courtroom attorney. He also mentioned that the 10 lawyers in "Who's Who" are all trial lawyers. "The attorney for the Plaintiff in tort litigation is a salesman of sorrow, agony, pain and trauma. Although only 10% of these actions ever reach trial, 70% of those that do are decided on the ability of the trial lawyer to project the plain- ALSA... (Cont'd from Page 2) transfer that feeling of professional responsibility to their clients and to the legal profession. It is heartening that this professional attitude was formed while still in law school. Could it ever be suggested that it might wait until after bar admission. Whatever the programs of an individual student bar association they are the present effort of the local group to improve the law school community. If improvement is to be achieved, it will be because an organization existed and enough members assumed responsibility to work for improvement. The American Law Student Association, Ukely to soon be a Division of the American Bar Association, has more challenges for the exercise of professional responsibility than can be accepted by this generation of law students, or the next. This is to say that all law students should join—now! If any should have to be conscripted, they have raised arguable questions whether they are worthy to wear the uniform. tiff's trauma to the jury," said Atty. Averbach. Mr. Averbach went on to enumerate the various agencies and institutions which a lawyer could utilize in preparing his plaintiff's case and also, mentioned that Boston and Harvard Law Schools have medical courses for attorneys, the purpose of which is to prepare future lawyers for pursuing a practice in negligence trial work. (Perhaps some of the content of this lecture could be introduced into our Law School's curriculum). Those some 170 students who had the good fortune to attend this lecture were amply rewarded for the time they invested. On behalf of them, this writer would like to express his thanks to the SBA for the opportunity to enjoy this and similar lectures. J-^re&ldenl A (Cont'd from aDe&k . .. Page 1) precedent for the new administration and those which follow it. There is a great deal which can be accomplished. It takes nothing but a little hard work and cooperation. These things could never have been accomplished without the concern and hard work of the members of the student Bar Association. This administration could not have been a success without them. There is a great deal to be done. It is now up to the new administration to carry the ball. To them I say "good luck." To those who have worked with me I say "thank you very much." Sincerely yours, Brian H. Rhatigan NEW FACULTY MR. WILLIAM ANGUS William H. Angus, a Canadian citizen, joined the SUNYAB Law School faculty this past fall, coming from Columbia Law School, where he studied for a year under a Hughes Fellowship. Prior to that, he had been a member of the faculty at the University of Alberta (Edmonton, Alberta, Canada) since 1959. Mr. Angus received part of his education in Canada, part in England, and part in the United States. He did his undergraduate work at Victoria College, a part of the University of Toronto, where he received his B.A. in 1952. He then attended the London Schoo of Economics in London, England before going to the University of Toronto to study law. In 1956, he received his LL.B. from the University of Toronto, and in 1959, he received his LL.M. from Coumbia University. He is currently completing the requirements for his J.S.D. from Columbia University. At SUNYAB, Mr. Angus is teaching Administrative Law, although his past teaching experience includes such other diverse topics as Taxation, Trusts, Criminal Law, Labor Law, and Legislation. Plans for the coining semester call for Mr. Angus to teach a Senior Seminar dealing with The Ombudsman, an individual who, on receiving a complaint from a citizen alleging governmental abuse, investigates and intervenes on behalf of the citizen with the governmental authority concerned. Mr. Angus' interests include squash and skiing. Also, he enjoys mountain climbing and exploration. Mr. Angus has to his credit several first ascents, mostly in the Canadian Rockies. He professes to be an avid movie goer, especialy liking foreign films. Other entertainment includes regular attendance at the ballet. Mr. Angus and his family, including his five year old daughter and two sons aged 3 years and 1 year, live in the oldest brick house on the Canadian side of the Niagara Peninsula. The house was built in 1795 and served as a field house for the English General Brock in the War of 1812. Beferring to teaching here at SUNYAB, Mr. Angus said "it is an in- teresting experience because of the growth situation found here. There are many new and different developments, and the professors are active and aggressive in the legal world." MR. DANIEL GIFFORD Mr. Daniel J. Gifford was appointed professor of Law at the Law School on September 1, 1966. Professor Gifford, who is teaching Administrative Law this semester, received his A.B. cum laude from Holy Cross College in 1953. After his graduation, he joined the Marine Corps and served as a corporal at the Portsmouth Naval Prison as a guard. Mr. Gifford said that he enjoyed the duty because he was able to observe the organization and internal procedures of a prison and also because of the proximity of Portsmouth to the ocean. After his discarge from the Marine Corps in 1955, Mr. Gifford entered Harvard Law School, where he was a member of the Harvard Law Eeview from 1956 to 1958, and was Case Editor of that Review during the 1957-58 academic year. After receiving his LL.B. cum laude from Harvard, Mr. Gifford practiced corporate aw from 1958 to 1962 in the New York firm of Cleary, Gottieb, Steen & Hamilton. In 1962 Mr. Gifford joined the faculty of Vanderbilt University (in Nash- ville, Tennessee) as an Assistant Professor of law, and became an Associate Professor there in 1964. During 1964 Mr. Gifford was the Reporter on Administrative Law to the Tennessee Law Revision Commission. During the 1965-66 academic year, he took a leave of absence from Vanderbilt in order to study economics at Columbia University. Mr. Gifford spent last summer in Washington where he worked with Professor Kenneth Culp Davis of the University of Chicago interviewing officials of several of the federal regulatory agencies under a grant from the Meyer Foundation to study administrative "discretion." Mr. Gifford is married and the fathe of two children, Karen, age 5, and Stephen who is l¥t. Mr. Gifford finds that he has little time left for hobbies or other nonlegal activities, but he tries to dabble occasionaly in economics and philsophy. �The OPINION December, 1966 MRS. JOSEPHINE KING Mrs. Josephine King appointed to the SUNYAB Law School faculty in 1965, received her LL.B. degree from the State University of Buffalo, and a Ph.D. in poUtical science from Bryn Mawr. When asked if a political science background is advantageous to law study, Mrs. King replied that she thought there would be increasing amounts of interdisciplinary study between law, political science, sociology, and economics. Mrs. King's most important outside interest is her family, but she also en- joys classical music. She is interested in government and the election process, and she chose political parties as the topic of her doctoral thesis. When asked to comment on what recent changes she had noted in the U.B. she mentioned that one striking change is the atmosphere prevalent in some of the classes. "The classes are more informal now, and tend to encourage more active exchange between student and teacher." She was also very pleased with the interest and preparation of the students. She suggested that the student body should take an active interest in the affairs of the school and should work in SBA and Law Beview activities if the opportunity arises. law school, MR. HAROLD KORN The most striking aspect of Mr. Harold L. Korn's career is the magnitude of his accomplishments. At thirty-seven years of age, Mr. Korn has amassed knowledge and experience that most of us can only hope to equal. Mr. Korn received his LL.B. at Columbia in 1954 as a Kent and Stone Scholar, while serving on the Columbia Law Review as Casenotes Editor, and assisting Professor Herbert Wechsler in the drafting ofthe American Law Institute Model Penal Code. Mr. Korn entered the New York Bar, and spent the next two years as law clerk to the Hon. Stanley H. Fuld. From 1956 to 1962, Mr. Korn was engaged in the revision of the New York Civil Practice Law and Rules enacted in 1962. Working in conjunction with Mr. Korn and Prof. Jack B. Weinstein of Columbia initially on the CPLR was the late Prof. Daniel H. Distler, who taught at Buffalo for a short time before his death. Prof. Arthur B. Miller of Michigan joined Mr. Korn and Mr. Weinstein in the publication of the eight volume work on theCPLR in 1963. Mr. Korn has just recently finished a condensation of the CPLR Troatito into a one volume manuel. The pace of Mr. Korn's life reflects that of his native New York City, and now that he is living near downtown Buffalo, at 703 West Ferry Street, he hopes to find some of that "elusive leisure time." Though much of his first year was spent in the preparation of the CPLR manual, and his class lectures, he found time to attend the concerts of the Buffalo Philharmonic Orchestra, and the presentations at the Studio Arena Theater. He is delighted with the seriousness of Buffalo's attempts to provide cultural events of a highly professional quality while retaining an informality and modesty unknown to the more notable cultural centers of this country. Nevertheless, Mr. Korn shall remain active in addition to his professional position. He is the Director of the Armstrong Project which is concerned with improving the methods of presentation and interpretation of complex scientific and technological issues as they relate to the law, and as they arise in court situations. It is decidedly difficult for a jury, or court, to arrive at a meaningful understanding of expert testimony relating to the complex issues of this age. A major problem is the resolution of conflicting testimony of expert witnesses for the benefit of a jury unschooled in the subject. This project hopes to find procedures that will facilitate the resolution and understanding of such issues. Mr. Korn mentioned that he had not always been interested in the law, that his direction throughout his undergraduate studies at Cornell had been in mathematics and engineering, but that he suddenly discovered, from aptitude tests, that his best field lay in the law profession. It is fortunate that he followed that usually misleading source of information. Mr. Korn remarked that law students who emphasize "clerking" are "jumping the gun on old age." As a faculty member at Columbia for three years, he noticed that more was gained by working with the faculty on their individual projects. A large percentage, of Columbia law students worked on faculty research projects, and several legislative drafting projects for state, local and federal government were largely staffed by students. In this manner, learning was not so much limited to the classroom as it seems to be at Buffalo. 7 MR. JAMES MAGAVERN Mr. James Magavern is a most realistically oriented individual. He presents an extremely intensive intellect, and an obvious command of his subject and profession. Mr. Magavern majored in English at Dartmouth, and attended University of Buffalo Law School. He received his degree in 1959, and was admitted to the New York State Bar in that year. He was in private practice in Buffalo, and has in the past taught part time at SUNYAB Law School. This school year, he gave up his private practice so that he might devote all his energies to teaching. Mr. Magavern enjoys teaching freshmen courses in particular because the freshmen "seem to have more life in them." He suggested that the most important objective to be sought by freshmen is the development of an ability to analyze case material, as the basis of any law study is to acquire a power of critical evaluation of the relevant consideration of each case treated. Clerking during the summer months can aid the student in acquiring this analytical ability providing that the work is challenging. Mere mechanical legal work in clerking serves no function in forwarding the students command of the law. Mr. Magavern intends to continue as a full time faculty member, and has no other plans in the reasonably foreseeable future. He does not intend to re- enter private practice. Tennis, squash, and running are Mr. Magavern's primary recreational interests. He also enjoys travel, but he readily admits that the law profession allows little time for recreational travel. Mr. Magavern, married in 1955, has a family of five, including his wife, and four children. MISS BARBARA KULZER Miss Barbara Ann Kulzer holds her LL.B. from Butgers and is currently a candidate for the LL.M. from Columbia. In addition she holds a Bachelor of Arts degree, with a major in English, from the University of Pennsylvania. Miss Kulzer has many interests and hobbies, which she pursues enthusiastically if not expertly. Her favorite recreational activities are painting, tennis, and reading. Miss Kulzer has had limited experience in the practice of law, and prefers teaching to practice because she finds that she is able to deal with issues in depth and to examine problems on a long-term basis. These are opportunities that the pace of a law practice would not permit. When asked what advice she would give to freshman students, Miss Kulzer stated that she felt undergraduates thought patterns and reading habits must be revised. The student must ruthlessly cut away irrelevancies and examine the essentials of a particular case. "The student must always question the precedent established in order to understand the case more fully" she said. "It takes a long time to read a case properly." MR. LOUIS SWARTZ The size and quality of our faculty was increased with the appointment in September, 1965 of Mr. Louis Swartz as an Associate Professsor of Law. Mr. Swartz teaches a freshman section of Criminal Law, Family Law, and will also be offering a new course on the Legal Profession in the Spring. Mr. Swartz brings with him a background enriched by graduate studies and the practice of law. Our new faculty member received his LL.B. from Cornell Law School in 1950, and his LL.M. from Columbia University in 1957. In addition to his studies in law, Mr. Swartz pursued graduate studies in sociology at Columbia from 1959 to 1965. During his studies at Cornell, he was a member of the Board of Editors, Cornell Law Quarterly and while at Columbia was an Augustus Newbold Morris Fellow. He is a member of the Bar of New York and of the Supreme Court of the United States, and is a Fellow of the American Socio- logical Association. Much of Mr. Swartz's interest focuses upon criminal law, and in this connection he was an Attorney, Crim(Cont'd on Page 8) �December, 1966 The OPINION 8 New Faculty ... (Cont'd from Page 7) inal Courts Branch, Legal Aid Society, New York City from 1951 to 1953 and a Besearch Associate and Special Consultant, American Law Institute Model Penal Code project during 1953 to 1956, 1960-62, and 1965. Mr. Swartz is interested in the relationship between the law and the society which it serves, and in addition to working as an Associate Professor of Law and Social Work at Butgers University School of Law and Butgers Graduate School of Social Work from 1956 to 1959, he was a Visiting Associate Professor of Law at Ohio State University College of Law during the summer of 1958. This past summer, Mr. Swartz was involved in the Office of Economic Opportunity Legal Services Program as a Consultant. This program took ten students from the University Law School and placed them in the offices of four Neighborhood Law Offices in economically deprived areas of Buffalo. The purpose of this project was to provide more legal services to the residents of these neighborhoods who were financially unable to engageg private counsel. This project was part of the Federally sponsored War on Poverty and worked through the local Community Action Organization. Mr. Swartz hopes that this project will continue since he feels that it was most successful in achieving its goals. At the moment, Mr. Swartz is busy writing up the findings of a study conducted by him in the five counties of New York City. The study involved the handling of juvenile offenders by 21 of the city's judges. Mr. Swartz uses the empirical approach in the study and has hampled 13,000 individual cases and fed this data into computers. He is trying to find out what factors are related to the judicial determination that a child is delinquent. Mr. Swartz has discovered some preliminary trends which show wide differences among the judges in their dismissal rates and other aspects of the decision making process. On the personal side, Mr. Swartz is the father of two children, Billy, age 10, and Zoe, age 7, both by a previous marriage. In addition to Billy and Zoe, Mr. Swartz has inherited Cindy, age 8, and Keith, age 5, as a result of his very recent marriage on September 30th. In what little spare time is available, Mr. Swartz enjoys painting and drawing and is a member of the Art Student's League where she studied while he was in New York City. When asked to comment on how he feels the law should be studied, he replied that students should bring both critical thinking and their own sense of values to bear on course work, and should not be satisfied merely with learning the technical aspects of their subjects. The Law School is fortunate to have a man of Mr. Swartz's background and dedication to the society which he seeks to serve. - Buffalo Law Review Title: "The Common Law and the Civil Law: Some Encounters, Influences and Comparisons" — — Introductory: Memorial Biograph Buffalo. Austrian Obituary Saul Touster, Schwind. Articles: Arthur Lenhoff, America's Cultural Contributions to Europe in the Eealm of Law (reprint from Buffalo Studies) Charles Szladits, Columbia, Comparative Aspects of Product Liability. Thomas Buergenthal, Buffalo, Comparative Study of Certain Due Process Bequirements of the European Human Rights Convention. Clyde Summers, Yale, Some Comparative Observations on Developments of American and European Labor Law. Hans Smit, Columbia, International res adjudicata in Holland: A Comparative Analysis. Jerome Hall, Indiana, Some Observa- Vol. 16, No. 1 tions on Comparative Law and Juris- prudence. J. Vanderlinden, Brussels, Addis Ababa, Common Law and Civil Law Influences in the Developing Law of Ethio- pia. Karl H. Kunert, Bonn, Evidence Bules Under the Common Law System and the Civil Law System of 'Free Proof.' Albert A. Ehrenzweig, Berkeley, Local and Moral Data in Conflicts of Laws: terra incognita. Balfour Halevy, Buffalo, Lenhoff Bib- liography. Barbara Ann Kulzer, Buffalo, Some Aspects of Comparative Enforceability of Foreign Judgments. Adolf Joseph, Hamburg lawyer, Expanding Jurisdiction: The 1966 Amendment to NY's Long Arm Status. Student Work: George Naschitz, Paternity Litigation in Certain European Countries: A Coomparative Study. Marshall Cohen, Comparative Aspects in the Concept of "Negotiability." TAX AND TITLE SEARCHES TITLE INSURANCE POLICIES PROMPT AND EFFICIENT SERVICE Monroe Abstract & Title Corporation NINETY THREE FRANKLIN STREET BUFFALO, NEW YORK 14202 Other Offices Located in ROCHESTER ALBANY — LYONS — BINGHAMTON — Student Bar Assn. — SYRACUSE SCHENECTADY — GENESEO SUNYAB School of Law BULK RATE U.S. POSTAGE 77 W. Eagle St. Buffalo, N.Y. 14202 BUFFALO, N. Y. P.rmil No. 460 PAI D � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1966-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 7 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1966 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1a8450b12a2cdc44f49222b5e60041c6.pdf 21a75ab0cf0ddf613decda3effc9ebcf PDF Text Text THE OPINION Vol. VII 14 Dean Hawkland Welcomes Freshmen On behalf of the faculty and personally I would like to welcome you to the Law School. You are now embarked on a very important mission, carrying with it a high degree of responsibility. As Reginald Heber Smith states in his Survey of the Legal Profession: Its Scope, Methods and Objectives, 39 A.B.A.J. (1953), "Under a government of laws the lives, the fortunes and the freedom of the people are wholly dependent upon the enforcement of their constitutional rights by an independent judiciary and by an OCTOBER, 1966 SBA Thanks Hausbeck, Volker The Student Bar Association would No. 1 J. D. Degree Progress Report like to take this opportunity to thank those who have aided us in our effort to The Student Bar Association plans to continue in its effort to obtain the Juris Doctor degree during the coming academic year. Last June a petition of the students of the SUNYAB Law School, Albert Hausbeck who have given us much along with letters of endorsement from needed heelp and encouragement in Albany. We would also like to express our prominent alumni of the school, includgratitude to those of the federal, state, ing members of the federal, state, and and local bench, and to those city and local bench, was sent to the Board of Recounty officials who sent letters of en- gents in support of the proposed conferdorsement of the J. D. degree. These ral of the Juris Doctor degree. At the same time, the results of the letters were all forewarded to the Board alumni poll were sent to the Board of Reof Regents. The courtesy and kindness of these gents. THE OPINION received over two (200) replies to its questionnaire individuals is greatly appreciated by the hundred about 95% of those replying indiindependent Bar. law students at the State University of with cating a preference for the J. D. degree New York at Buffalo. "The legal profession is a public over the LL.B. degree. There were some who conditioned their preference on the profession. Lawyers are public servants. retroactive conferral of the degree, which They are the stewards of all the legal is indeed the position of the Student Bar rights and obligation of all the citizens." The establishment of the American Association. At this point, the progress of the In the adventure that lies ahead of Law Student Association's Individual you in this law school and later in the Membership Program is undoubtedly the Student Bar Association's campaign has been slightly impeded by the change in practice of law I hope you will keep in most significant development in the oradministration at the State University of mind this raison d'etre of the legal proganization's sixteen year history. An individual membership program to bind New York at Buffalo with the retirement fession. American law students into a national of Chancellor Furnas and unexplained deOur goal is to impart the skills of a professional organization, providing them lays in the processing of the SUNYAB lawyer must have and simultaneously with the opportunity to demonstrate their Law School's application (for permission to confer the J. D. degree) to the Board develop in you a passion for justice. Most interest in the future of the legal profesof you came here to learn how to make sion has been long overdue. Every proof Regents. However, it is hoped that these problems will prove of no consea living in the practice of law. We will fessional student organization has pronot disappoint this expectation, but we vided for individual membership for years quence and the Student Bar Association will be able to continue its endeavors. while the ALSA lagged behind in uncuswill have failed as a law school no matter how professionally competent you tomary fashion. Several years ago, the leaders of the may become here if that is all you are when you graduate. We will have failed American Law Student Association and you, the legal profession and society if many of the student bar association leadOur primary purpose is one of friendwe fail to ignite the spark of a passion ers throughout the nation came upon the realization that while the local student ship stemming from our mutual experifor justice which lies within us all. bar association were fully committed to ences and interests. It is this quality of serving the best interests of their own friendship which makes our Association, You should know that you are comone of the members, they were unable to undertake and its activities, so successful. Proceeds ing to a good law school from events such as bake sales, card parbest in the country. Do not be deceived certain types of beneficial programs and by our inadequate physical facilities. This provide many desired services. While the ties, auctions, rummage sales, and fashneed for such programs to the profesion shows, enable us to present an anis a first-rate law school and we will exnual scholarship to the husband of a Law all sional of law students was development first-rate from of performance a pect Wives' member. recognized and their value highly appreyou. In turn, you have every right to exRegular meetings are held once each pect a first-rate performance from us, ciated, the practical means and expense month usually at the home of a faculty often proved to be prohibitory. and you will get it. Individual memberships in the Ameriwife. Mrs. Joseph Laufer, Mrs. Jacob There is no substitute for hard work can Law Student Association provides the Hyman, Mrs. Adolf Homburger, Mrs. Thomas Buergenthal, and Mrs. William in the law. Your success or failure as a answer. During this past school year (1964-65) the number of ALSA Individual MemHawkland, who serves as honorary adlaw student and lawyer will depend large7,782. visor, have graciously offered their homes bear on totaled berships you to bring on the effort that ly The Individual Membership Program for the coming year. Besides a business the task. I urge you to roll up your objectives, meeting and coffee hour, Mrs. Michael sleeves and work harder during the next of ALSA has several major McCarthy, program chairman, has schedthree years than you have ever worked the prime one being to acquaint law stuthe importance and value of uled educational and entertaining speakin your lives. If you do this you will find dents with bar participation. Another ers. These include Mrs. Joseph Laufer that the three years go by very quickly organized a conveniwho will give a talk and show slides of a and that they will provide you with a major objective is to provide recent trip to Israel, and Mr. Fred Renbase from which you can develop into ent and effective means for furnishing to law students in their zoni of Old Friar Wines who will give a the outstanding lawyers that I am sure needed services years. Providing benefits wine tasting demonstration. pre-professional be. want to all of you Officers, who were installed last May for members is a continuing process. As 1) (cont'd on page 2, col. 2) on page (cont'd 2, col. Hawkland W. D. bring the J. D. degree to the SUNYAB Law School. Our special thanks are entended to Assemblymen Julius Volker and ALSA Explained Law Wives — �SBA Speakers Form Schedule The Student Bar Association Speaker's Committee, composed of Arthur Russ and David Lawler, has announced the speaker's schedule for the Fall semester. Negotiations for additional speakers are not complete at this time and additions to the schedule will be posted on the SBA bulletin board as the semester progresses. The present schedule includes a wide range of speakers—including the authors of three plus speakers uniquely equipped to display the casebooks used at the law school practical side of their particular specialization. The committee is hopeful that each student will make it a point to take advantage of this student-financed program. As usual, free coffee and donuts will be served after each nresentation. Norman Goldcasebook. The New York ConstitutionWed., Oct. 26 1 PM al Convention. farb, NLRB Supervisor, Lecturer at J. J. Gow, Fa1 PM Cornell Univ. and ÜB. Mr. Goldfarb Wed., Nov. 23 culty of Law, University of Montreal. will show the film "And Women Must To be announced. Weep" and deliver a commentary on Judah Gribbiti, 1 PM it. It has been held that showing of Wed., Nov. 30 Regional Director of Dept. of Housthis film before a representation ing and Urban Affairs (HUD), New election virtually automatically reYork City. Second Lecture in series: sults in setting aside the election. 1966. Life in the City Professor Alli1 PM Wed., Dec. 7 President MarWed., Nov. 2 1 PM son Dunham, Univ. of Chicago, autin Meyerson, SUNYAB and Profesthor of Land Transactions casebook. sor Charles Abrams, School of ArchiThird Lecture in Series: Life on the tecture, Dept. of Planning, Columbia City 1966. "Planning and Housing Univ. First of a series of four lec1966. Problems in Cities." tures. Life in the City Hebert Gans, 1 PM Wed., Dec. 14 Professor Jack Sociologist, N. Y. City Project on 1 PM Wed., Nov. 16 Urban Education, formerly taught at Weinstein, Columbia Univ., author Univ. of Pa., former Meyerson stuWeinstein-Korn-MiUer Civil Practice, dent. Fourth Lecture in series: Life Civil Procedure casebook, Evidence — — — — — — — — — — — — — — — in the City Q. E. D. As you embarked upon your career in law school, you no doubt have a great many questions and an understandable degree of apprehension. This should not be cause for alarm. As time progresses, you too will progress and will get into the so-called "groove." As President of the Student Bar Association, I speak for all my colleagues in bidding you welcome. As you heard at Orientation, the Student Bar Association is your vehicle of student government. We are here to represent you in your dealings with the faculty and your fellow students. Aside from the above, the Student Bar Association also administers a social progr <m, two student publications (THE OPIN-9N and THE NEWSLETTER), plus various other functions too numerous to list here. You are the Student Bar Association. It cannot function without your help and cooperation. We have great plans for this year and you are a large part of these "Great Expectations." On behalf of the Student Bar Association, I wish you the best of luck in the coming school year. Brian H. Rhatigan President, Student Bar Association ALSA- -(cont'd) the membership increases and the program expands, the number of benefits and services will grow. The attractive new membership system now provides each law student with the opportunity to enroll for two, three, or four years in one easy step and at a substantial savings. One-Year Membership Dues $2.00 Two-Year Membership Dues $3.50 Three-Year Membership Dues $5.00 Four-Year Membership Dues $6.00 In the very near future ALSA repre- sentatives will be available in the First Floor Foyer to enroll new members. — — 1966. Afcfccv... Student-Faculty Discussion Groups Feelings among students indicate that the faculty is too far removed from the student body. Certain elements among the faculty agree to some extent with the students. In the past, the Student Bar Association in planning its social activities has attempted to make place for the faculty. One can look to the SBA dances, the Freshman Orientation social in the BAC, the parties in the student lounge, and so on. To most, if not all, of these functions the faculty receives a personal invitation. For reasons that remain unknown, these activities are frequented by only a small group of the faculty. It is perhaps this fact that has prompted the complaints noted above. One faculty member has suggested that the formation of discussion groups between the faculty and students might contribute to a solution. THE OPINION LAW WIVES- -(cont'd) supports this proposal. at a luncheon at the Little White House are, Mrs. Robert Mulig, president; Mrs. Frank Parsons, vice-president; Mrs. Robert Salomon, recording secretary; Mrs. Thomas Frank, corresponding secretary; and Mrs. Michael Brown, treasurer. The purpose of this proposal is to encourage two or three professors with interests in a given area to meet informally with a group of interested students to discuss recent cases (e.g., Miranda case in the area of criminal law), recent statutes, and other related topics. There is no reason why the discussions might not include topics of political currency such as Committee heads include, Mrs. Harold Brand, invitations; Mrs. Frank Parsons, decorations; Mrs. Max Schlopy, refreshments; and Mrs. William Love, publicity. Tentative plans for the year include a Christmas auction of homemade or store purchased items, with proceeds to augment the treasury, a Spring card party, a bridge marathon under the direction of Mrs. David Horan, and a scotch civil rights, inflation, etc. THE OPINION proposes that interested faculty members and students adopt a format that will allow discussion and debate on topics of their choosing. Bufalo, doubles bowling party slated for January 22, 1967, at Suburban Lanes. 77 W. N.Y Eagle In the past our dedicated group has been relatively small, but we are hoping to increaes our membership this year and are grateful for the exceptionally large Freshmen class, and also the number of weddings that took place during the summer months. We invite all wives of law students to join the Student Law Wives Association, and look forward to their new ideas, and active interest in the organization. SUNYAB Student Bar S c h o l 1420 Asn. St. of Law OPINION EDITOR: William P. Sullivan, Jr. STAFF: Edward J. McGuinness, John Segreti, Jim Vanda Water ALSA Reporter: Carl E. Mooradian Advertising: Judith Hillaty Published during tha school yoar by tha Student Bar Association, Stata University of Now York at Buffalo Law School. Mailing Addross: Tha Opinion SUNYAB School of Law 77 W. Eagle St. Buffalo, Now York 14202 No. NY. U.S Pwint BULK PAI BUFALO, POSTAGE RATE 460 D � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1966-10-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 7 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/1966 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4c511d440449fed0d39d0e8cadfd3129.pdf 0cb61921b2d5b76f74f259a88d474090 PDF Text Text OPINION VOLUME VI MAY 1966 NO. 2 THE J. D. DEGREE AND YOU Ed. Note: The following article originally appeared in the Columbia Law School News on December 15, 1965 (Vol. XX, No. 6) under the title of "J.D. versus LL.B. Controversy; It's All in the Name". It is reprinted with the permission of the editors. This year law students across the nation have shown an increasing concern with an is- PROPOSAL Of the almost one hundred Dean William D. Hawkland submitted through the State University of New York a proposal to the New York State Board of Regents that the School of Law at Buffalo be allowed to confer the degree of Juris Doctor. The Board of Regents now has this matter under consideration, and it is hoped that, in the near future, the Board will act on this request. sue not appearing in their casebooks. No question of law is involved; rather the problem is one of law school policy. At stake are the higher salaries and better chances for promotion now sometimes given to those who hold the J.D. degree in preference to persons with an LL.B. The problem facing each law school is what degree should properly be granted to a person who completes the first three-year course of legal study. and fifty law schools accredited by the American Bar Association, the preponderant majority award only the Bachelor of Laws (LL.B.) as the first law degree. Columbia is one of schools. Yet a growing minority of schools, now numbering about forty, confer the Juris Doctor degree (J.D.) on at least a substantial portion of their graduating classes. In 1963 the Special Committee on Graduate Instruction of the Association of American Law Schools issued a "Report and Recommendation on the Use of the Degree of Juris Doctor (J.D.)." It pointed out the statistics on the academic preparation of university professors in various fields compiled by the National Education Association "could have been made only by counting the LL.B. [these ... DODGE TO HEAD LAW REVIEW On April 20, 1966, Stephen Kellogg, Editor-in-Chief of the Buffalo Law Review, announced that Douglas C. Dodge had been appointed Editor-in-Chief of the Buffalo Law Review, Volume 16. At the same time, it was announced that Mr. Dodge's Board of Editors would consist of Steven G. Biltekoff, Arthur A. Russ, Jr. and Brian J. Troy. Mr. Dodge, a 1964 graduate of SUNYAB, is the father of two sons. He currently resides at 314 Edison St. in Buffalo. Prior to coming to SUNYAB, he attended Dartmouth College for two years. In his undergraduate studies, Mr. Dodge majored in history. At this time, his plans for the future are un- decided. Mr. Biltekoff graduated from the University of Pennsylvania in 1964. He lives at 696 Leßrun Road in Eggertsville. Mr. Russ received his AB degree from Northwestern University in mathematics in 1964. His home is 99 Pinewoods Drive in North Tonawanda. Mr. Troy, in his undergraduate studies, majored in Psychology at SUNYAB, from where he received his B.A. degree in 1964. He comes to Buffalo from 2220 Wallace Avenue, Bronx, New York. The new Board of Editors will assume their offices and duties on June 1, 1966. �Dicta... JURIS DOCTOR DEGREE The support given to the current movement by the State University of New York at Buffalo School of Law in petitioning the New York State Board of Regents to allow the conference of the Degree of Juris Doctor upon its graduates is growing daily. Yet there are many who, for various reasons,have not taken a position with respect to the movement. Some, perhaps, do not feel that they are sufficiently informed to express an opinion. It is for this reason that THE OPINION is devoting this issue to a discussion of the Juris Doctor Degree and its consequences. This discussion will be made in the form of articles that have appeared in recent issues of other Law School newspapers. It is believed that these articles represent fairly the positions of the advocates, as well as those of the opponents, of the movement. RETURN REQUESTED For some time nowthe Student Bar Association here at the Law School has been attempting to solicit support for the conferral of the Juris Doctor degree. W« have requested the support of members of the New York State and Federal Bench along with submitting proposals for an endorsement to the Erie County and New York State Bar Associations. Both the State and Local Bar Associations have referred this matter to their Committee on Legal Education for further study. The question most asked by those we have approached on this subject has j_pl been related to the value or advisability of the J.D. degree as one would think. Rather, we have been asked time and time again "How does the practicing lawyer feel OPINION EDITOR: William P. Sullivan, Jr. FEATURE EDITOR: James M. Van De Water ADVERTISING EDITOR: Judith Hillary STAFF: Michael McCarthy, David Pfalzgraf Published during the school year by the Student Bar Association, State University of New York at Buffalo School of Law Mailing Address: The Opinion 77 W. Eagle Street Buffalo. New York 14202 about the J.D. degree — what are the opinions of the legal community?" We couldn't answer these questions. Despite all of the research and work that has been done on the J.D. degree as to its practicality, advisability and consequences, no one as yet has taken this problem directly to the practising attorney. This is what we are trying to do with the attached questionnaire. We cannot poll the entire legal community. We don't have the facilities or funds for such an undertaking. However, we can ask you, the alumni of our school to give us your opinion. A substantial response would give us a good cross section of the legal community and enable us to show the support for the degree (or lack of it) to the Bar Association, members of the New York State Legislature and the Board of Regents. This may be a crucial factor in ensuring a favorable reaction to the State University's request for permission to confer the degree. We have tried to make your expression of an opinion as convenient as possible. We know that your time is valuable and the question of the J.D. degree cannot be allowed to take up much of that valuable time. All we are asking you to do is to tear out the questionnaire, answer it and drop it in the mail. We will appreciate your cooperation. Whether your reply is positive or negative, or whatever your comments on the J.D. degree, you may rest assured that they will be noted with interest and the nature of all our responses will be communicated to the Board of Regents. J.M.V. CONGRATULATIONS THE OPINION offers its congratulations to Douglas Dodge and Harold Brand for their recent accomplishments. The selection of Douglas Dodge as Editor-inChief of the BUFFALO LAW REVIEW was certainly deserved. The basic criteria used by the current Board of Editors in selecting a new Editorin-Chief are quality of the individual's published work, the service and effort that one expends in promoting the LAW REVIEW, and the individual's leadership qualities. Doug certainly rates high in all three categories. Harold Brand, as Social Chairman, was nearly singularly responsible for the success of the Barrister's Ball held at the Trap and Field Club in March. It was Harry's hard work, mostlybehind the scenes, that made possible the comment of so many persons on the enjoyable evening. To both, once again, THE OPINION gives its thanks and congratulations. CONGRATULATIONS TO THE CLASS OF 1966 SUNYAB SCHOOL OF LAW THE OPINION �J D 8. You - Continued from Pg. 1 degree as 'less than a master's.' " Prof. Walter Gellhorn, who served on that AALS committee, told the NEWS: "I think the LL.B. degree is an anachronism. It goes back to the time when students entered law school without prior college work. "I recently saw a list of university degrees awardeu last year. It was broken down into the categories of bachelors, masters and doctors. I don't think it's right for law degrees to be lumped in with the undergraduate degrees this way. The situation has changed, and it's time we recognized it. I think we're the victims of our own tradition." The AALS committee on which Prof. Gellhorn served adopted the following recommendation: "Non-lawyers are frequently confused by the fact that some schools (about 20, all in the Midwest) (1963) award the J.D. as a first degree in law, while other schools award only the LL.B. as a first degree, and award a doctor's degree (the J.S.D. or S.J.D.) only as a research degree. "Moreover, the schools where the J.D. degree exists are divided among those which treat it as an honors degree for achieving high grades or for completing a research assignment, and those which award it to all holders of a prior bachelor's degree. Some schools have recently abandoned the J.D. degree, while others have adopted it. "Uniformity in the meanings of degrees, so far as these can be stated in objective terms, is obviously advantageous. Although precipitate harmonization of practice is unlikely, a statement of preferred practices may afford useful guidance not only to law schools, but also to accrediting agencies and administrative offices. "a. The degree of Doctor Juris (J.D.) signifies the completion of a program of prolonged academic training for a profession, above and beyond previous general education in the humanities and science culminating in the award of a bachelor's degree. The J.D. degree indicates academic endeavor generally comparable with that leading to the degrees of M.D. (Doctor of Medicine) or D.D.S. (Doctor of Dental Science). "b. The J.D. degree may properly be conferred only on a student who has completed a program of professional training occupying at least six semesters of full-time study or its equivalent after the attainment of a baccalaureate degree. It is not an appropriate means of indicating academic excellence, which is more effectively reflected in terms such as 'with distinction' or cum laude." It should not be conferred for combined programs in which any part of the professional training was carried on as part of the baccalaureate program; the LL.B. is the only appropriate degree for such programs. "c. The adoption of the J.D. degree and its use on the basis stated above is ecommended to all schools which are now awarding the J.D. degree, or which are for any reason making a revision of their degrees or degree requirements." The language of the committee was strengthened later. The 1964 report said: "The use of the degree of J.D. (Juris Doctor) as a first degree in law under appropriate conditions has distinct advantages which merit its favorable consideration by member schools." However , Dean Warren adamantly states that the law school will not discard the LL.B. He said: "I like the LL.B. It's been around for a hundred years and I don't see any reason to change. If there's a problem, it's one of others' lack of understanding of the degree, and I don't think we should change our way of doing things just because they get confused. "When a fellow graduates from here, he doesn't have just an LL.B., he's got a COLUMBIA LL.B. That's the important thing, and calling it a J.D. or an X.Y.Z., wouldn't change things one bit. There's no problem of substance here, just one of form. And as lawyers, we know that substance should be controlling." Unfortunately there are many cases where substance is not controlling in this matter. It was pointed out above that the National Education Association ranks the LL.B. as "less than a master's." It is also true that the same report takes the J.D. as the equivalent of a doctorate. -• ... In addition, the administrators ofmany academic institutions take these degrees at "face value" when determining a person's eligibility for appointment to a teaching position. A letter from alumnus Robert T. Miller '36 whose academic promotion is hindered by holding the Columbia LL.B. rather than a J.D. from any accredited law school, bears out this statement, as does the following quotation from Dean Hervey's article: (Student Lawyer Journal, June 1965): "A graduate of a top-flight law school who held the LL.B. the only first professional degree in law conferred by the school .hadapplied for a position to teach business law in a state related school of business and industry in Minnesota. In reply to his application, he was advised that he could not receive an appointment with rank above'instructor' at a salary of $8,500 per year. The applicant, the holder of the LL.B. degree, knew that if he could receive an appointment as 'assistant' professor it would carry a higher salary. "Quite naturally the applicant enlisted theaidof the dean of the law school from whichhe graduated and who had taught him. The dean of the law school wrote to the dean of the dean of the school in which his graduate was interested and labored the point that the LL.B. is a 'professional degree' and that it .. �entails longer study and greater effort than is required for the M.A. degree that although the — young applicant held the LL.B. degree, he had pursued a law program equal in severity and excellence to that exacted by schools which confer the J.D. degree. "The dean of the school of business and industry replied to the dean of the law school in part as follows: " 'Minnesota College Board regulations treat an LL.B. degree as the equivalent of amaster's in regards to rank and salary. Therefore, if we hire a young man with an LL.B. we could not bring him in at a rank higher than that of instructor nor could we promote him in the future. Salary also would be controlled by the regulation and therefore we could not pay him more than $8,500. However, if a person has an LL.B. plus a master's it would be possible to bring him in as an assistant professor with top pay of $9,500. The College looks upon the J.D. as being equivalent to a Ph.D., D.8.A., or Ed.D. I realize that this is unjust but there is not a great deal we can do about it at the present time.' " Neither of the two law schools in Minnesota grants the J.D. One of them, William Mitchell College of Law, is now officially considering the possibility of switching. The largest single employer of attorneys, the federal government, also often discriminates between holders of the two degrees. Classification procedures vary for different positions, but that used by the Air Force is probably typical. Air Force Manual 36-4 classifies the educational levels as "from less than high school graduates" to "doctor's degree." Level "H" is that of the master's degree and includes the LL.B. Level "J" is master's degree plus 30 semester hours and includes the LL.M. Level "X" is doctor's degree and "includes doctor of medicine and doctor of dentistry degree as well as ether earned doctor's degrees" ... Selective Service also treats the degrees differently; an LL.B. student is lumped with undergraduates; so it behooves him to maintain a good class standing. So long as a graduate student—one seeking a J.D.—is satisfactorily pursuing his degree, the exemption will not be disturbed. Dean Warren points out that the situation is improving. At a number ofleading universities, LL.B. recipients are permitted to wear the doctor's hood at graduation. The federal government now recognizes that for purposes of grants for university buildings and for tuition scholarships and loans, law schools are now considered equivalent to any other graduate or professional school. Dean Warren notes with satisfaction that the president of Yale, who by long tradition had to hold a Ph.D., is at present a man with a Harvard LL.B. "That," he says, "shows that the LL.B. is now being recognized for its true worth." It seems, however, that for many the recognition of the LL.B. is not proceeding fast enough, for many schools have recently begun to grant the J.D. instead. The change seems to be taking place on a state-by-state and region-by-region basis, with the ... STATIONARY OFFICE SUPPLIES LEGAL FORMS LAW BOOKS CONGRATULATIONS Student Study Aids DAVID F. 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The home of the J.D. is the University of Chicago, which adopted the degree about 1900when DV. LAW SCHOOL REVIEW BOOK PUBLISHER TO EVALUa four-year college requirement was introduced. ■*■ • ATE MARKET FOR OUR OUTLINES AT YOUR SCHOOL Harvard began admitting only college graduates at cpe£ about the same time, but the faculty's proposal that w__k° $7.50 the J.D. be granted was turned down by the corBarrister Publishing Co. is in need portance, significance and meaning poration. of several sharp law school students of the case is thoroughly discussed, to Since then five of the other six law schools in evaluate the market potential of There is a Bar-Notes title for each our new law review book series Illinois have begun to grant J.D.s to at least some (Bar-Notes) just published. These and every course subject taught in law review books are comprehen- y°ur law school. Within each title of their graduates on an honors basis. The Universive case book outlines keyed to can be found all the cases encounevery major law text and cover tered by ,ne student in that particusity of Michigan grants the J.D. to about a sixth of point-by-point every important case 'ar subject, its graduating class, and two of the other three covered in the texts being used in , ._ , «presen you are 'ntere!*ed '» your law school. Written by top Michigan law schools grant the degree to some stuour company at your school, legal scholars and edited by law "JPublishing Barrister Indiana "& dents. University grants it to about a third professors at several leading law Plea9f *? Co., Inc., 50 Broadway, New York, 11 >_ii. v Z. •! XI this series has schools, „ .___. been hailed isi V .• of its graduates. Recently each of the nine law « « _. , , N.Y. 10004~,for a, free kit , information , as a„ new ..„,... sample ' , dimension in study help wh,ch W,U lnclude a FREE schools in Ohio has begun to grant the J.D. for law students of a $7.95 book (please check below Each case is presented in clear, for the book and text you wish it In the Great Plains area, fourteen ofthe sixteen lucid language and sets forth in an to be keyed to) and other informalaw schools in lowa, Missouri, Oklahoma, Kansas, easy to understand manner all the tion about the representation of our relevant aspects of the case in ques- company at your school. An hourly Colorado, Nebraska, South Dakota and NorthDakota tion. In addition, at the end of each fee of $7.50 will be paid and during now award the J.D. Oklahoma City University, Dean case there is a unique editor's anal- the school year the representative prepared by eminently qualified will average about 5-10 hours per Hervey's school, does not yet award it but is ysis legal experts. Here the nature, im- week. seriously considering beginning to do so. One school in Texas grants the J.D. ■pi mh |*p| Please check one sample you desire, if you state text you are using wc will send you the appropriate keyed textbook outline. I L IJL L I Both accredited law schools in Oregon grant the | I llfc__. | □ CONTRACTS □ CRIMINAL LAW J.D. and two of the eleven in California have reTJ CONSTITUTIONAL LAW □ TORTS □ CORPORATIONS □ CIVIL PROCEDURE cently begun to do so. Stanford, however, which adopted the J.D. soon after the University of ChiText you are usin- ,or aDOVB subject **3#2_!^_^ Ljl cago, has ceased to grant this degree. Please Print! I Name of Student In the East, two District of Columbialaw schools LH grant the degree. Emory University in Georgia recently made the change. What might be the first incursion into the state of New York is the recent move by the State Name of Law School Yr. of Grad. University at Buffalo to grant the J.D. Dean Warren has stated that Columbia will not follow suit. In June, 1963,the accredited law schools granted For further information about this series, please contact your local bookstore 8882 LL.B.'s, 756 J.D.s, and 32 J.S.D.'s (or S.J.D.'s). Of the research doctorates, two were granted by Columbia. Actually there are not two but three doctorates SALARY: .. HOURLY FEE. Xut& • . .. ~" _ . . ... • - _ _ ... TAX AND TITLE SEARCHES PROMPT AND EFFICIENT SERVICE MONROE ABSTRACT 8, TITLE CORPORATION NINETY THREE FRANKLIN STREET BUFFALO, NEW YORK 14202 OTHER OFFICES LOCATED IN ROCHESTER - - LYONS SYRACUSE BINGHAMTON ALBANY SCHENECTADY - GENESEO TITLE INSURANCE POLICIES �in law, for the honorary LL.D. must be included too. Perhaps someday, someone will bring some order into this chaotic alphabet soup. But from Dean Warren's comments, it seems that the day will not soon come. WM. MITCHELL COLLEGE OF LAW (MINN.) TO AWARD J.D. DEGREE Ed. Note: This article originally appeared in the William Mitchell Opinion in December 1965 (Vol. 9, No. 1). Commencing next spring, William Mitchell graduates who held bachelor's degrees upon entering law school will be awarded the J.D. (Juris Doctor) rather than LL.B. (Bachelor of Laws) degree, according to a recent announcement by Dean Douglas R. Heidenreich. Impetus for awarding the J.D. came from a resolution adopted unanimously by the Section of Legal Education and Admissions to the Bar at its annual meeting in 1964. The Section invited consideration of the J.D. as the first professional degree in law in a memorandum dated September, 1964, to ABA-approved law schools, and within nine months the Board of Trustees of William Mitchell College of Law acted favorably upon the Section's recommendation. Dean Heidenreich explained that the change was made here as well as at many other law schools "in recognition of the fact that the professional doctorate more clearly represents the caliber and quality of work required of the law student than does the LL.B., which is too often throught of as merely a second bachelor's degree." According to proponents of the shift to the J.D., it is important to distinguish between professional and research degrees awarded for graduate study. In law there are two commonly recognized professional degrees, the Bachelor of Laws (LL. B.) and Juris Doctor (J.D.), and two research degrees, the Master of Laws (LL.M.) and Doctor of Jurisprudence (S.J.D.). ... ... ... The J.D. is the professional doctorate in law. It is the law school equivalent of the M.D. in medicine and D.D.S. in dentistry. It is not a research degree, which customarily requires independent research and study, and it should not be confused with research doctorates, such as the Ph.D., S.J.D., Ed.D,., or D.B.A. There is lack of uniformity among law schools with respect to their first professional degree in law and their requirements for the J.D. degree. Several law schools confer the J.D. for honors work, but only about thirty-five award it to all or nearly all of their graduates, as William Mitchell proposes to do. This number will increase to fifty or more by next year, according to a New York University professor of law who surveyed the opinion of member schools of the Association of American Law Schools in 1964. The University of Chicago and Northwestern University law schools are the two most prominent institutions which presently award the J.D. as the first professional degree in law. Several arguments favor the change from the LL.B. to J.D. degree. There are apparently few, if any, disadvantages. It is reasoned that the J.D. more accurately reflects the work accomplished by the law student than does a bachelor's degree and that the J.D. will raise the professional stature of the lawyer to the same level as graduates of medical and dental schools, who also receive professional doctorates. "Measured in terms of the qualifications of students who enter the law schools, the level of intellectual activity, and the scholastic standards exacted for survival and graduation, legal education is comparable to programs whichlead to doctorates in other fields," according to Dean Hervey. The J.D. would have the added practical significance of improving the income of those in academic or government positions where arbitrary limitations imposed by a bachelor's degree, irrespective of field of concentration, frequently affect both their salary and promotion potential. The majority of students who commented on the change, especially upper classmen, said that they thought professional opportunities depended more upon individual factors, such as personality, academic record, and experience, and said that they did not think that the J.D. degree alone would open many doors to them which would not otherwise have been open. Whether one believes the J.D. will aid him professionally or not, it seems clear that it will set him apart from most of his fellow attorneys—at least in Minnesota. A clerk in the office of the Minnesota State Bar Association, where all applications for admission to practice are processed, said that in her experience "very few" applicants held the J.D. degree. QUESTIONS AND ANSWERS Will the J.D. degree be conferred retroactively on U.B.s alumni as well as the graduates of the State University? We hope that this will be the end result. There are some difficulties of a technical nature since the University of Buffalo has now been incorporated into the State University system and therefore is extinct as a separate entity. However, we believe that once our request has been granted, these difficulties will be overcome. What of the other law schools in the state will they confer the degree or do they oppose it? Dean Warren of Columbia has voiced some -- -- �doubts as to the advisability of the J.D. degree. However, we do not think this represents the unanimous or final decision of Columbia on the matter. Other law schools have evidenced an interest in conferring the degree but are waiting to see the outcome of our request to the Board of Regents. Only a small number of lawyers working in state and federal jobs or in education would be affected by the conferral of the J.D. degree. Why all the fuss for a minority of the legal community? As time goes on an ever-increasing number of men and women with a legal background enter the fields of government and education. They are a minority, but a substantial minority and the J.D. degree would offer the possibility ofhigher salaries and better opportunity for advancement. In addition to this the conferral of the J.D. degree would enhance the academic prestige of the entire legal community and of the Law School in dealing with their own University's administration. Won't a great deal of confusion result with the conferral of the J.D. degree — the next thing you know we will be watching the "Dr." Perry Mason show? The degree is already granted as the first degree in law by a substantial number of schools in the country. (26 schools out of 100 and some odd law schools). No great confusion has been experienced as yet and we look forward to none in the future. Only a few lawyers, if any, would make a point of announcing their "doctoral" status to their clients and others. A.L.S.A. REPORT by Carl Mooradian An American Law Student Association jointfirst and second circuit conference was held at the Hotel Somerset in Boston, Mass, on March 4, 5, and 6. The participating law schools from the second circuit were: Albany Law School, State University of New York at Buffalo School of Law, Brooklyn Law School, Columbia Law School, University of Conn- ecticut School of Law, Fordham University School of Law, New York Law School, New York University School of Law, St. John's University School of Law, and Syracuse University School of Law. The delegates from S.U.N.Y.A.B. School of Law were Carl E. Mooradian and Brian H. Rhatigan. The conference featured a Constitutional Law Seminar on criminal justice. Speakers at the con- ference included Archibald Cox, former Solicitor General of the United States; Thomas F. Lambert, Jr., Editor-in-Chief, American Trial Lawyers Association Law Journal: F. Lee Bailey, a criminal attorney and the lawyer on the celebrated case of Dr. SamSheppard; and Dean Robert McKay of New York University School of Law. The delegates had three very full days ofactivities and they found them most informative and edifying. It would be hopeless to try to synthasize here all that was learned from the speakers. Let it suffice to say for now that it is hoped that next year more students from our school will be able to attend the conference because it is a real educational benefit. A second benefit that the conference carried with it, and perhaps the most important to the good of our entire school, was the exchange of ideas among the delegates. A series of meetings were held at which the delegates discussed issues of prime importance to law students, some of which were: the role and function of Student Bar Associations; better and more efficient job placement services; membership benefits of ALSA and many others. Some of the suggestions garnered from these meetings have been presented to our own S.B.A. and some have already been acted upon. In the congenial atmosphere of the conference our delegates found many persons who were quite receptive to our desire to secure the J.D. degree for the law school. It was learned that many of the students of other law schools in the Statealso wish to see the J.D. degree conferred and they have promised their aid in working towardthatend.lt was a result of that support that a committee was formed at S.U.N.Y.A.B. to contact the other schools and organize the effort in securing the degree. Much of the work is well under way. Another interesting fact was learned at the conference. It concerned student loans. ALSA has funds available for loans to those persons who are students at a member school ofALSA. S.U.N. Y.A.B. is such a school. While the rate of interest is higher for such a loan than most of the other types available to students, the benefit is derivedfrom the fact that the requirements for an ALSA loan are substantially less than the Federal and State loans, for example. Thus, a student who does not qualifyfor a Federal or State loan can probably qualify for an ALSA loan, which is delivered in cash in a matter of days. Space limitations restrict a fuller discussion here of the conference activities and of ALSA benefits. If you have any questions concerning ALSA or the conference please feel free to contact the delegates or your ALSA representatives. In conclusion then, a final reminder to all students that the ALSA national convention will be held in Montreal in August this year, and all students are welcome to attend. �POSSIBLE FRATERNITY by John Swieca There has been some interest expressed recently in forming a professional fraternity here in the law school. This interest has been on the part of both students and administration/faculty. It seems that other professional schools of the University (Med., Dent., Pharmacy) all have these organization and they have been profitable to the members both professionally and socially. Talking with a few people revealed that at one time there was a professional legal fraternity at this school but it was never reorganized after World War 11. A letter was written to the central office that fraternity, PHI DELTA PHI, concerning the possibility of reviving the old chapter. It seems it is possible, all it would need is (in their words), "a group of Law Students, top quality students, organized in the Law School, and functioning, in effect as a local Fraternity, and to so operate successfully for a period of time, to establish the stability of the group, and the quality of the members, and then, when you feel you are ready, to petition for reactivation. ...". So if there is a group of men that feel they can qualify this could be a very worthwhile and enjoyable venture. Contact John Swieca for details. LAW REVIEW ARTICLES Federal Tax Policy in - ISSUE 15, the 1960's Student Bar Association 77 W. Eagle Street Buffalo, New York 14202 VOLUME 3 Stanley S. Surrey American Travelers Checks The Holding Company as a Collapsible Corporation Under Section 341 of the Internal Revenue Code Passion and Prudence: Rent Withholding Under New York's Spiegel Law The Prospective Defendant Rule and the Privilege Against Self- Incrimination in New York William D. Hawkland Louis A. DelCotto Peter Simmons Paul Ivan Birzon ahd David A. Gerard COMMENTS . Burden of Proof in Tax Litigation: Offset and Equitable Recoupment The American Motorist in Canada Compensation for Victims of Crime-Some Practical Considerations The Polygraph in Private Industry: Regulation or Elimination ? Referral Sales Contracts: To Alter or Abolish ? RECENT CASES in the areas of Commercial Law, Conflict of Laws, Constitutional Law, Criminal Procedure, Decedents' Estates, Insurance Law, Labor Law and Products Liability. BOOK REVIEW Letwin, William: Law and Economic Policy in America Jora R. Minasian CUMULATIVE INDEX FOR VOLUMES l-XV. Back issues, as supply permits, can be obtained by writing Law Review, 77 W. Eagle St., Buffalo, N.Y. 14202 Bulk Rate U.S. Postage PAID Buffalo, N. Y. Permit No. 460 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1966-05-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 6 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/1966 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9e03228603e5cbf84662c82fe12e7063.pdf 209347a2d917b9d84ffbe871e44b2de5 PDF Text Text THE OPINION VOLUME VI FEBRUARY 1966 No. 1 LAW REVIEW The Buffalo Law Review is presently in its fifteenth year, publishing three issues annually. The most recent issue, Winter 1965, commemorates Chief Judge Charles S. Desmond's twentyfive years of service on the New York Court of Appeals, 1941-1965. Short tributes are offered by Mr. Justice Brennan, U. S. Supreme Court; Sir George Coldstream, Permanent Secretary, Lord Chancellor; Judge Stanley H. Fuld, New YorkCourt of Appeals; and Dean Ray Forrester, Cornell Law School. The authors of lead articles treat new and exciting areas of change in the last quarter-century of New York law; Associate Judge Francis Bergan on the New York Court of Appeals; Professor Joseph Laufer on Tort Law; Professor Monrad G. Paulsen on Criminal Procedure; Professor Delmar Karlen on Judicial Administration; and Professor J. D. Hyman on Home Rule. Professors Hyman and Laufer are from the State University of New York at Buffalo School of Law; Professor Paulsen from the Columbia Law School; and Professor Karlen from the New York University School of Law. Other articles of major interest are: Professor Robert A. Leflar, University of Arkansas Law School, on Continuing Education of Appellate Judges; Robert E. Allard, American Judicature Society, on Judicial Selection and Tenure; and Professor A. Leo Levin, University of Pennsylvania School of Law on "The Teaching of Trial Advocacy." Also, the book, The Courts, the Public, and the Law Explosion, by Harry W. Jones, is reviewed by Professor David R. Kochery of our Law School. Student contributions make up the remainder of the issue, covering such areas as the rights of the imprisoned, and the recent case law developments in Civil Procedure, Conflicts, Constitutional and Insurance Law. A free copy will be given to any law student upon request. EVENTS Mid- February — date, time and place to be announced pictures for Buffalonian Late March May — the 1967 Barrister's Ball Trap & Field Club more details to follow The Opinion & Senior pictures LAW WIVES One of the offshoots of the law school is a small but dedicated group of girls, the Student Law Wives' Organization. Formed in 1957, its official purposes are: To create enjoyable group settings in which girls in the unique situation of being married to law students can meet and promote friendship, and To raise funds for scholarships given annually to deserving married students. Of the roughly 270 future attorneys at SUNYAB law school, 77 are married. Not all of these girls are members, but those belonging are all active, participating members, making up with their willingness and energy for their relatively small number. In the past, the group has held one large fundraising event during the year, however this year a highly successful rummage sale was held in November and a hat show, dessert card party will be held February 21st at the Brounshidle Post, 3354 Delaware Aye. at 8 P.M. This event, chairmaned by Frank Parson's wife, Claudia, is open to the public and tickets at $1.50 may be obtained from Mrs. David Horan. Models, in charge of Mrs. Robert Salomon, will be the spouses of Tom Frank, Alan Ransom, Tony Conde, Bob Mulig, continued on page 5 �teacher NOTE: PRO N°TE: strikes Each writer was asked to argue as he would before possible legislation on this subject. a legislative committee considering This article was written by Richard Lipsitz. Mr. Lipsitz is a Buffalo attorney and his practice includes work in the field of labor law. Public school teachers, presently restricted, as are other public employees, from engaging in strike activity, enjoy less than full citizenship rights in a private enterprise economy. Notwithstanding Article I, Sl7, New York State Constitution, which provides that: , "Employees shall have the right to organize and. to bargain collectively through representatives of their own choosing" teachers do not even have the means to enjoy those rights. No state legislation has been enacted to execute the above constitutional "right". Handicapped in this way, solely because they are public employees, the rationale of the disability deserves close scrutiny. The principal reason, indeed the only halfway meritorious one, advanced by the con position, is that teacher services are "essential" to the community welfare. While some doubtlessly argue this in good faith, others, for a variety of motives, use it as a cloak. Concededly, their services are "essential". But so are those performed by telephone company, gas company and electric company employees (witness the near national hysteria over the recent power failure in New York City and elsewhere), farmers and farm employees, food industry employees and a host of others in our highly dependent society. Curiously, some of the loudest and noisiest defenders of the status quo (vis-a-vis, teacher strikes) are those who oppose strikes per se, who no doubt would like to see strikes banned in many other employment relationships which are no more, nor less, "essential". They are also among the same persons who staunchly claim to defend our free, private enterprise system, in which the right to strike is an integral function. In socialist societies, as we know them, the strike is actually unheard of. Whether legally allowed or not, they simply do not occur. This non-permissability in systems opposed by so many Americans, is the whole of which the teachers' disability is a part. The most vigorous defenders of the American Way are often found in the ranks of those who are willing to deny full citizenship freedom to teachers. This development of the pro case, by attacking the motives of those opposed, is illustrative of the hypocricy of their position. Teachers should be allowed to strike because that right, and not necessarily the exercise of it, is the only foundation of a meaningful effort to improve their economic status and rights as employees of the school system. Those opposed really desire to withhold from them the development of their own collective ability to bargain for themselves, through organizations of their own choosing, and thus to enjoy the status of other workers in a free society. Exactly what are the "dire consequences" of extending the right? A strike?—perhaps, but not necessarily if bargaining in good faith would occur, entirely probable if the power of the teachers became a reality by having the right. A disruption in the supply of the teaching service resulting in a school closing? Certainly, if a strike should occur. But this country has survived such work stoppages, and others of a more devastating nature, in the past, and continued on to prosper. Has the greatly improved economic position of New York City teachers, who struck in defiance of the obnoxious Condon-Wadlin Act added to the well being of that community (and the teachers plus families), or would New York City be better if inferior wages were continued to be paid to thousands of teachers? Why is itthat so many of the con decry juvenile delinquency, lack of adequate preparation for adulthood and citizenship and failure to train youth for jobs, while at the same time they would deny to those who teach their children the means to better themselves? Experience had demonstrated that teachers can obtain better conditions only where a strike occurs, or the real anticipation of one is impressed upon the community. As a rule, decision makers, public officials, and a variety of conservative interests desire teachers to be docile, prefer they be unorganized, but if organized, in a debating society rather than in an organization with power to participate in decisions affecting their own employment. Thus, what is magnanimously conferred upon them is a matter of lese majesty, precisely the rationale used over the years to forbid public employees from striking the sovereign. That doctrine is obsolete; its utility non-existent. The motives of its supporters are questionable, �the goal is continued denial of full citizenship rights to a highly dedicated group of citizens. The Condon-Wadlin Act, an extension of this view, is a frustration of the rights all employees are granted under the New York Constitution. Those rights can be meaningful, only if accompanied by the right to strike. CON NOTE: This article was written by Carmelo A. Parlato. Mr. Parlato is a Buffalo attorney and member of the School Board. a Two basic attributes of the public schools justify, indeed, require prohibiting a strike by public school teachers. First, that the uninterrupted operation of the schools is essential to the public welfare; second, that the public schools are government owned and operated. 1. Education of our citizenry is a service ultimately as necessary as police and fire protection, transportation, communications, etc. Even assuming, for the sake of argument", that any such service be privately operated, a threat of its interruption is clear cause for the invoking of government's police power; and, in the exercise of this power, governmental prohibition of planned interruption in any such service is in principle no different than governmental intervention after the interruption, requiring restoration of such service. And whether the governmental intervention or prohibition is directed to labor, to management, or even to the balking beneficiary (e.g., the compulsion traditional in public health and education), is irrelevant, given the essentiality of the service to the public welfare. To dispute the propriety of such legal limitation on the freedoms of our citizenry (whether by prohibition or by intervention), in the case of such essential services, is no less than to claim that society must stand by and permit a minority to cripple the general welfare. Any person who becomes an indispensable part of such essential service, accepts a public trust and assumes a responsibility not to permit willingly, much less to plan, the effective interruption of that service. The ordinary prerogatives of management and/or labor must be held subordinate to the public welfare, just as any trustee's personal profit must be held subordinate to his trust responsibilities. Concededly, prohibiting an employee strike can be compared with conscription of personnel for essential services: e.g., compulsory induction into military service essential to the public welfare; also, assignment of such inductees to operation of coal mines essential to the public welfare. It's comparable also to government appropriation of property essential to the public welfare; value of the property is never a defense to the appropriation. 2. The character of public school teachers as governmental employees is significant, irrespective of the essentiality of their function. A strike makes sense, as a bargaining factor, only to the extent it threatens to put the employer out of business; and a strike by any group staffing a governmental operation makes sense only to the extent it threatens to put government out of that operation, offering as an alternative that there be governmental compliance with certain demands made by the striking employees, for some change or another in the conduct of such governmental operation. By striking, a governmental employee seeks to control the governmental function rather than to serve it. Thus, a strike ofgovernment employees can be seen as a group of citizens, constituted to serve rather than govern, attempting to wrest governmental authority from the officials who have been duly empowered to govern, i.e., to determine the course of the particular government operation. system of government has, withinit, provision for orderly change, by the due representative process. Governmental employees are not unique in their dependency on government, or in their expectations that government be operated as they deem fair and just. But they, like all others, who have not attained due official status, must be content with their capacity as electors for their voice in the conduct of government. How justified such employees may judge their demands to be is irrelevant, since the very concept of such a strike presupposes that the majority of citizens (through due representative process) have not agreed that such demands should be satisfied. In this sense, prohibiting a government employee strike is no more than a reaffirmation of government by majority rule; and it is our current misfortune that such prohibition is no less than necessary for the presOur ervation of such majority rule. �ASK NOT Dicta... PURPOSE & POLICY The purpose of this paper is to provide a forum for news at the Law School and for student opinion on topics of current interest in the field of law. In addition, each issue will contain opposing arguments on a specified topic of current interest. Unsolicitated articles and comments on past articles or policy will be printed as space permits. YEARBOOK The Executive Board of the Student Bar Association has decided that The Advocate, the Law School yearbook, will not be published this June. Instead, individual pictures and a composite of the Class of 1966 will be available. For the Class of 1967 and following classes, a Law School section will be included in the Buffalonian, the University yearbook. Certainly, some will be quick to criticize this decision. These are probably the same people who some three or four months ago were critically discussing the quality of The Advocate for 1965. These are the same people who left the Student Bar Association with over 75 copies of the yearbook. These are the same people who contributed to the $800 loss on last year's Advocate. The Student Bar Association was able to find one no who had the time or desire to act as Editor The of Advocate for 1966. However, the most important consideration was that there was very little support for this year's Advocate. Any publication might have met the same apathy and lethargy as described before. Thus, the decision was not simply a good one; it was the only intelligent one available. OPINION EDITOR: William P. Sullivan, Jr. STAFF: Stephen Kellogg, Annette LaVallee Published during the school year by the Student Bar Association, School of Law, State University of New York at Buffalo Mailing Address: The Opinion School of Law State University of New York at Buffalo Buffalo, New York The Xmas dance at the Statler Hilton was a limited success. It was successful in that those who attended enjoyed themselves. This success can be called limited because the 65 couples that attended were insufficient to make the dance a financial success. Despite efforts of the Dance Chairmen and the Social Committee to boost ticket sales, the total loss on the Dance came to about $100. If this instance were an isolated example of the reluctance of the student body to support the activities, it would be worthy of only a passing mention. This obviously is not simply an isolated example. Recently, a reneging of support on the Advocate contributed to an $800 loss (see Yearbook editorial). Yet, this lack of support does not always lead to a financial loss. Often, the loss cannot be meas- ured. Why, during the recent elections, did only six freshmen out of 120 run for representative? Why did the junior representatives run unopposed? Why do students invariably find excuses to avoid participating, either actively or passively, in student functions? The current attitude seems to be exemplified in the great attendance at the freshman orientation "coffee hour". To adopt a much used phrase, the student seems to say "ask not what I can do, but rather, ask what can be done for me." WANTED! The Opinion is attempting to fill the following positions: Advertising manager Photographer (two) Staff persons wanting to help with articles, layout, editing, etc. - Anyone interested should apply by letter to: Editor, The Opinion. CONGRATULATIONS Tne Opinion offers the customary congratulations to all who were recently elected to the Student Bar Association. Also, to the new Student Bar Association officers and the Freshman ALSA representative. It is hoped that each of the representatives sought office because he felt that he was best able to serve his fellow students in the capacity of his office. Working from this premise, there is little reason why Earl Mooradian should hesitate to call upon any or all of the representatives for help. Similarly, there is little reason why the representatives should leave initiative to the President. In this way, the Student Bar Association will be able to provide the necessary services to the student body, and act as the official voice of student opinion. �LAW WIVES continued Dave Horan, Mike Brown, Donald Fries and Peter Wolf. The decorations, table favors and prizes committee is led by Mrs. Robert Mulig, with the Mrs. Max Schlopy, Bob Love, Paul Leipold, Peter Wolf, Bob Salomon, Dave Horan, Mike McCarthy, Bill Sullivan, John Lynch, and Corky LaVallee assisting. Refreshments are in charge of Mrs. Doug Dodge and Mrs. Tom David. Mrs. Max Schlopy is in charge of cards. The Student Law Wives' are led this year by Mrs. Courtland LaVallee, president; Mrs. Harry Brand, vice-president; Mrs. Donald Fries, recording secretary; Mrs. Douglas Dodge, corresponding secretary and Mrs. Bob Bolm, treasurer. The club year opens with a tea at Dean Hawkland'shome for new members and closes with a luncheon at which new officers are initiated. Faculty wives who are opening their homes to the group this year are Mrs. Adolf Homburger, Mrs. Jacob Hyman, Mrs. Joseph Laufer, and Mrs. William Hawkland, who is honorary faculty adviser. This offers an opportunity to the girls to meet the families of their husbands' teachers in an atmosphere perhaps less austere than the purely academic one. The group will be privileged to hear Mrs. Saul Touster at their February 9th meeting, to be held at the home of Mrs. Laufer. Mrs. Touster, who has studied with the American Theater Wing, teaches acting and has directed at the Jewish Center and the Studio Theater, will discuss "Current Trends in the Theater." New wives are always welcome to join—dues are nominal, $2 a year and only $1 after January. Although, as we mentioned previously, the Law Wives' are a relatively small group, their value is felt not only in the $1400 that have been given during the past years as scholarships, but also, and this is what will be remembered most by its members, in the warm and lasting friendships formed by the girls during these important years that their husbands are law students. FIRST IMPRESSIONS It has often been said that first impressions are lasting impressions. This is true of law school and its experiences. For most, the first contact with law school was an application, or perhaps several of them. Next came the "law boards." At this point, some would-be students began to wonder if they really wanted to attend law school; if these tests were indicative of law school, this certainly would not be the way to beat the draft. For the rest, many weeks of waiting were climaxed by notice of acceptance. Law school now became something in the future; at present, it was a topic of discussion and speculation. Then, one day in August, a class schedule and statement from the Bursar's office arrived. Law school was now a reality. And then came the first day. In the morning, the new law students were asked to see something in ink blots that really wasn't there. The rumors that were circulating about these tests were to be forgotten in the coming weeks and months ofclasses. The afternoon was given to orientation. There were the usual welcoming speeches. One speech was a bit different from the others: in but a few minutes, Dean Hawkland made what has been a lasting impression of the seriousness of law school. At the same time, however, his smiles and words offered help to anyone who might need it. The rest of the afternoon was spent relieving any apprehensions that were built up during the course of the day. Several upperclassmen and faculty members, ready to discuss any questions the new students might have had, joined in. The topics ranged from how to study to membership in ALSA, from the nature and quantity of tests to the paper due at the end of the first semester. At/ the end of this first day, most of the new students were just beginning to realize what law school was all about. When classes began, other questions began to arise. What do foxes and fish have to do with a property course? What does a bad hand have to do with a contracts problem? Why discuss pizzamobiles in a procedure class? These were the student's questions. The professors generally asked only one question why? Soon, someone noticed that a certain seat, once filled, now was empty each day. Investigation showed that the one-time occupant had forsaken law school for graduate school. Then another seat was empty, and then another, and then another. By the end of the first semester, several students had decided for various reasons that they could not or would not study law and had dropped out of school. Those who had stuck it out were beginning to appreciate what law school was doing for them: for many, it was teaching them to think for the first time. - ELECTIONS Carl Mooradian, running without opposition for the office of Student Bar Association President, was elected President by a vote of the Student Bar Association. In December, the Election Committee headed by Roger Aceto, held elections for the Student Bar Association. The candidatesfor thefreshman class were Chet Dulak, Bob Moriarity, David �its officers. Brian Rhatigan defeated Bob Bolm for office of Vice President, Bob Bogan was elected Secretary and Bob Moriarity was elected Treasurer. The position of Freshman Representative to ALSA was filled when Bill Sullivan nominated Gerry Mitrano. This nomination was unanimously ap- proved. NEXT ISSUE The next issue of The Opinion will include articles on the following: Pfalzgraf, Mike Sheedy, Bill Sullivan and Gary Tober. The candidates for the Junior Class were Bob Bogan, Bob Bolm, George Randels and Brian Rhatigan. The four candidates for the Junior Class, since they were running unopposed were certified by a vote of the Student Bar Association. The Freshman Class elected Bob Moriarity, David Pfalzgraf, Mike Sheedy and Bill Sullivan. The new Student Bar Association held its organizational meeting on January 7 and elected Faculty Student Association 225 Norton Hall State University of New York Buffalo, New York 14214 at Buffalo * Graduation and Senior pictures * Pro and Con Library - recent acquisition and a look to * the future * New faculty (including pictures) * Student activities (including pictures) It is expected that the published in May. next issue will be Bulk Rate U.S. Postage PAID Buffalo, N.Y. Permit 1557 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1966-02-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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During the course of the first the St. Thomas More of the State University, School of Law, underwent a comsemester, Guild plete revitalization. Through the energies of Juniors JosephMassa, Peter Crotty and Michael Swart, the organization has been transformed from a nominal entity into a functioning unit. Both Mr. Joyce and Mr. Fleming, of the faculty, provided counsel and assistance. The first business meeting was held in December and a new slate of officers was elected. Mr. Massa was named president, Mr. Crotty vice-president, Timothy O'Mara, Freshman, was chosen secretarytreasurer, Thomas Andruschat as class representative for the Juniors and Stephen Ambroselli for the Freshmen. Mr. Kenneth F, Joyce has accepted the moderator- ship. The membership ratified a new constitution which sets out a twofold purpose for the Guild. The first is to promote study and discussion of religious and moral values as they relate to the law and legal profession, also, provfding opportunities for students of the Roman Catholic faith to engage in activities furthering their profession of that faith. Membership in the Guild is open to all law students. President Massa indicated: "We feel certain that the Guild can profit from Inter-religious ideas and discussion. Moral values in the law are the concern of all." The Guild hopes to further its (Mi;t)'; by invirin? speaker? and sponsoring duscussion of current problems. A communion breakfast will be held this semester, for the Roman Catholic members. NEW FACULTY James B. Atleson Paul I. Birzon Kenneth F. Joyce Mr. James B. Atleson joins the faculty at the State University Law School with a B.A. and LL.B,from Ohio State University and a Master's degreefrom StanfordUniversity of California. Mr, Atleson, born in Akron, Ohio, is a member of Phi Beta Kappa Honorary Order of theCoif, and a former Editor-in-Chief of the Ohio State Law Review. His current schedule at this Eagle Street Campus has Included teaching Local Government and the Freshman group program for the fall semester followed by Social Welfare and the Moot Court program for the present Spring semester. As an attorney, his Interests in law are within the field of Labor Law, particularly the right of the Individual In relation to his union (cent. pOfl. 4, col. 5) The ability to combine a practical background In law with the theoretical aspects, Is a characteristic that most consider as a prerequisite for being a good law- yer or teacher, Mr, Paul Birzon (LL.B. Columbia "1959") is both a lawyer in the firm of Minty 8t Birzon, and a part-time teacher at the law school (Agency, Criminal Procedure, and Trial Procedure). Brooklyn-born, he moved to Buffalo with his wife to practice criminal law, which "combines substantive and procedural challenges in a fast growing body of law." Although this branch of law - "deals with stark realities/ one must remember that thereare also academic aspects (See "Conditions of Probation," 'S 1 Georgetown Law Review by Mr. Paul Birzon). (conl. pog. 3, col. 3) The faculty of the State University of New York at Buffalo Law School has been graced by the appointment to the full-time faculty of Kenneth F. Joyce, a man of enthusiasm, vitality, and initiative. Mr, Joyce has quickly become one of the most popular members of the faculty, since he began In September of this school year. During the first semester, Mr. Joyce taught Administrative Law to the Junior Class and was a GroupProgram Leader for Freshmen. This semester, he has commenced teaching Wills and is one of the two teachers In charge of the required Moot Court Program. In addition, he is one of three faculty members on the Student Affairs Committee, which is a committee formed to foster better student-faculty relationships. (coni.-pog« 4, col. 3) Mr. Crotty noted that, "In a commuter school, extra-curricular activity is competing for precious student time. However, the Guild can make an important contribution to the moulding of a lawyer. For that reason we encourage each student to join and participate." A FORECAST Dean William D. Hawkland In honoring the request of the editors of OPINION to write a short statement forecasting the future of the Law School, I have not been unmindful of the dangers involved. A forecast is not a promise, but many people do not distinguish the two. Thus a forecast may create expectations, the disappointment of which may cause Injury which is invariably blamed on the forecaster. I really do not fear any blame that may be assigned to me as a result of this statement, because I am confident that my predictions, in a general sense at least, will come to pass in reality. But I do fear another matter. My divinations, as you will see shortly, are of a favorable, evenglamorous future, and thus they carry with them the hazard of impliedly denigrating the present and the past. No such implication is intended, and it would be wrongfor thereader to draw it in the face of seventy-eight years of solid achievement by the Law School. A major factor contributing to this success has been the ability of the Law School to meet the demands that have been placed upon it. Even asuperficial study of the curricular, pedagogical and personnelpolicies of the school over its seventyeight year history reveals everchanging, growing, fresh answers to the old question, What kind of legal education is best calculated to furnish our area of service with legal talent of the highest William K. Laidlawwas presented with the third annual Professional Achievement Award by the Student Bar Association ofthe Buffalo Law School at the annual Barrister's Ball at the Hotel Statler Hilton last Saturday evening. A plaque, emblematic of the award, was presented to Mr. Laidlaw during intermission by Professor Robert B. Fleming, presently as- eietant dear.-of the ~■! 1 *nd one of Mr. Laidlaw's former students. Professor Fleming citedMr.Laidlaw's long association with the law school, an article on Bailments prepared by Mr. Laidlaw, which has become a classic in Its field, and his public service in school and local affairs. Mr. Laidlaw and his wife were given a standing ovation at the presentation of the award. Former recipients of the award were William B. Mahoney, a prominent Buffalo attorney, and Dr. Arthur Lenhoff, at one time a judge of the Constitutional Court of Austria and later, until his retirement, a Professor of Law at Buffalo Law School. Mr. Laidlaw, the senior faculty member, has been associated with the law school for thirty-nine years. He began teaching in September, 1926, and during his career has taught contracts, agency, personal property, negotiable instruments, partnership, quasicontracts, bailments, and car- riers, restitution, sales, wills, future interests, and trusts. Mr. Laidlaw is a Justice of the Peace for the Town of Ellicottville and village police Justice. Mr. Laidlaw recalled that at a testimonial dinner on the occasion of his 25rh anniversary as a professor at the law school, the presentation of the evening was made by Mr. Robert Fleming, who was then a student at the school. my guess as to what those answers will be. Let me write first about enroll- ment, because our student body is our raison d'etre and the major premise of all our plans. PreThe merger of "the University sently we have about 250 students ofBuffalo and the State University drawn in large part from Western of New York, the population exof plosion, the technological revolu- New York. The composition our freshman class and the application and the steady growth of govfor admission next year, howtions ernment are Just some of the ever, portend a drastic change in conditions which have placed new size and nature of the student demands on the Law School. If the body. About of the freshman we are to be faithful to our heritage class comes 40% from outside Westand true to the tradition of meetYork and the entering ern New Ing demands, we too must come next fall may well contain up with fresh answers to the old class an even higher percentage c* question. This forecast is simply (com. pog. 2, col 4) quality? �OPINION EDITOR ASSISTANT EDITOR REPORTERS: David Joy, Jamas Thomm F. Laoden Dole Volkef N. Rogan, Thoma. Whissal, JomaiUrbon.JohnA.Cicondo, Alon Milinowiki, Hel<mM.O'Donnall Editorial The 1964-65 School year at the State University of New York at Buffalo Law School has certainly brought a host of important changes to the school! One of the most significant changes is the new emphasis that has been given to improving student-faculty relations. In the past, very often, student problems went unsolved because of lack of proper communication with the faculty and slow administrative procedure in transmitting such problems to the proper authorities. Since complaints and problems went unanswered, many students felt they were ignored when, in fact, the faculty was very often ignorant of the situation and had no way of acting until too late. This year has seen a marked attempt by both the faculty and the Student Bar Association of the Law School to meet the complaints and problems of the students with quick, efficient action wherever possible. Once the student body realizes that there is an easy way to make known their feelings, and that the faculty cares enough to act, the school morale is bound to rise appreciably. Probably the most important step in the direction of raising school morale was a vote by the entire Faculty Board empowering the Faculty-Student Relations Committee to act in lieu of the Faculty Board in solving many of the problems that students complain about. The Faculty-Student Relations committee consists of four Professors from the Law School (Professors Laufer, Touster, Simmons, Joyce) who have the power to remedy problems when possible except as regards school policy decisions that still are submitted to the entire Faculty Board meeting as a whole. Even in major policy decisions, the Faculty-Student Relations Committee has been invaluable in expressing student opinion on subjects in question. The Student Bar Association, also following the theme of improving student-faculty relations through efficiency and action, has set up two committees totransmit problems to the Faculty-Student RelationsCommittee. These two committees, the Grievance and Curriculum Committees, are being used not only to express student dissatisfaction, but also to transmit useful student ideas for consideration by the school. The Grievance Committee has as its purpose the transmitting of complaints and suggestions from students of a non-academic nature. On the other hand, the Curriculum Committee is designed to transmit feelings of the Student Body regarding academic matters, e.g., proposed new courses. Both committees are made up of a cross-section of students, some of whom are not members of the Student Bar Association. The intention is to obtain as wide a scope of student opinion as possible. So far, the system appears to be working out very well, although its continued success hinges on the acceptance by the student body of the facilities available to them. It is hoped that by using the Student Association and its committees to express student feelings, with subsequent action by the Faculty-Student Affairs Committee, the students will acquire a sense of belonging that is extremely hard to acquire in any day-hop school. If the wall that sometimes grows up between student and faculty can be kept down, the Law School cannot help but be much the better for it. STATE APPORTIONMENT A DISSENTING OPINION By Dale Volker Many state legislators and advocates of local government feel that June 15, 1964 should be recognized as a day of mourning for state governments. On that day the case of Reynolds v. Sims (377 U.S. 533 (1964) was decided whereby the Supreme Court of the United States declared that the equal protection of the Fourteenth Amendment requires that the "seats In both houses of a bicameral state legislature must be apportioned on clause a population basis". MAY.IWS OPINION 2 Right or wrong the whole federal union scheme of government In the United States had been greatly changed. The "political question doctrine" that had shielded state legislatures from the long arm of the Supreme Court for decades In apportionment cases had been swept away In a little over two years. By the Baker v. Carr (369 U.S. 186) decision In 1962, the Supreme Court declared that it had jurisdiction to look into state apportionment plans. But many felt (or rather hoped) that the Court would onlyadversely rule on state plans of apportionment where the Constitution of a state Itself was not followed (as in the Baker v. Carr Sura, case) (cent, next col.) or where there was apparent gross injustice to the people as a whole. The hopes for such moderation were dashed in the Reynolds decision and the individual state decisions that followed quick on its heels. The reasoning behind the major- ity opinions in the state apportionment cases is that Inequality of population in legislative election districts makes one vote worth more than another. In other words if you live In a greater population district your vote is worth less than a man who voted In the lesser population districts. The argument states that by allowing other than a strict population formula to govern representation, a minority of a state's population can elect a majority of the state's representatives and control it's legis- lature. The argument that one house of a bi-cameral legislature should be apportioned on a population basis and the other house in accordance with a variety of factors as previously done was met by the Supreme Court's argument that this will cause deadlock. Thus the house apportioned on a basis of strict population would see its proposals effectively stymied by the vote of the house apportioned in accordance with other factors, i.e. geographic, historic, economic, along with population. As the majority stated in Reynolds v. Sims Supra, at P. 576 "The right of a citizen to equal representation and to have his vote weighted equally with those of all other citizens in the election of members of one house of a bicameral state legislature would amount to little if states could effectively submerge the equal population principle in the apportionment of seats in the other house." The rule of the day is the A FORECAST (cont. downstaters. It is clear, therefore, that our area of service is rapidly becoming the entire State of New York. This fact, plus the population explosion, indicates wfth brutal clarity that our Law School enrollment will grow many fold In the coming year. By the year 1970, for example,we estimate that 10,900 people will demand legal training in New York State. If the nine private law schools of the state run at full capacity, they will be able to accommodate about 9500 of these candidates. That would leave about 1,400 students for us to educate. We do not feel, however, that we should build to this size, and our present plans call for an enrollment of 805 students by 1970, broken down by class as folows: First year class —300; second year —255; third year 250. It may be that ultimately the Law School will grow to a size of 1000 students, but when this happens we will urge the State University of New York to build another law school at one of its other divisions. Thus, my look at the future shows a fairly rapid growth of the student body to a number of 800, a tapering off at that point for a while, then an inching up to a final size of 1000. — Mr. Justice Harlan spoke of rhe problems involved in the new philosophy in his dissent to Reynolds v. Sims supra. P, 615, when he stated: "The consequence of today's decision is that in all but the handful of states which may already satisfy the new requirements the Local District Court, or it may be the State Courts, cliche, "one man, one vote." are given blanket authority and the The dissenters to the new Suconstitutional duty tosupervise appreme Court doctrine, both on the portionment of the state legislaCourt Itself and in the public at large, have argued that there is no tures. It is difficult to imagine a more intolerable and inapproreal prece^Sht, constitutional or otherwise, to justify the blanket priate interference by the judiciary decision by the high court outlawwith the independentlegislatures of the states." ing nearly all the state legislatures in th nation. As Mr. Justice Probably no better examples Stewart (joined by Mr. Justice of Justice Harlan's warning can be Clark) stated, writing in dissent found than in the Colorado and New York apportionment cases decided to the Lucas v. Forty-FourthGeneral AssemblyofColorado 377 U.S. on the same day as Reynolds v. 713, (1964) apportionment case Sims supra. In the Colorado case at P. 746; "The Court's draconian (Lucas v. Forty-Fourth General Assembly supra.) the Supreme pronouncement, which makes unconstitutional the legislatures of Court not only said that the legismost of the 50 states, finds no lature could not decide to apportion even one of its house on other support in the words of the Conthan a strict population basis but, stitution, in any prior decisions year of this Court, or In the 175 in effect, said that the people of a political history of our Federal state themselves could not make such a decision. Union." The people of the State of ColorIt is argued that neither the legislative debates concerning the ado in the 1962 general election had decisively voted down an Fourteenth Amendment northe debates over the original Constituamendment to the State Contion Indicate any Intention of the stitution proposing that both houses framers to have the Supreme Court of its legislature be apportioned on exercise such direct control over a strict population basis. Another state legislatures. The debates vote In the same election saw the over the so-called Civil War people, again decisively, adopt an amendment to apportion one house Amendments, of which the Fourteenth Amendment was one, indiof Its bicameral legislature on a cate that Congress itself was strict population basis with the interested In the formation of other house apportioned on a variety of other factors. The Susouthern state legislatures but that there stillremained a feeling that preme Court might be said to have substantial state soverlgnty should restrained the people of Colorado prevail. Some congressmen. In from determining their own representative form of government. fact, expressed an Intention at the time to limit court intervention in WMCA, Inc. v. Lomenza 377 the state legislature area. Many U.S. 633 (1964) was the New York apportionment case which has sent contend that the framers of the original Constitutionand of the "Civil the Empire State into one of its War Amendments" would have greatest legislative crises. New been shocked at the Court's deYork, long one of the most progressive states in the union, now cision Involved in these cases. The Supreme Court itself, refinds itself with a legislature that cognizing both the intent of the Is sitting with the permission of a Constitution and the futility of three-man Federal District Court. engaging In the political realm, Federal District Courtshave been had for years held apportionment given power to enforcethe Supreme was the state's business and not Court decision In the apportionthe Court's. In the"politicalques-^ ment cases and see that they are tiondoctrine" the Courtupheld the carried out. On April 14th of this year. right of local governments to decide their own fates. But all Is Chief Justice Charles Desmond of now changed wfth the "one man, the New York Court of Appeals one vote" doctrine. made an excellent description of the present situation In the state within his majority opinion In (cant. riantcol.) WMCA, Inc., v. Simon 15 N.Y. 2d(cant, pag* 3, col. 5) Our present from page!) student body of 250 Is being serviced by 15 professors who devote their full time to th» Law School. Our present faculty student ratio is 1:16.6. The maintenance of present standards of excellence requires us to continue this ratio. This requirement obliges us to recruit a staff of about 50 full-time law professors by the year 1970. Additionally, we will need some specialists for a new program in State and Local GoveFnment which we will soon inaugurate. Altogether, this will be one of the largest law faculties in the United States, and,considering our adequate financial resources, we think it will be one of the best. Since law schools are Invariably (even if fallaciously) judged In large part by the quality of their law faculties, the day is not far off when our Law School will be reckoned as one ofthevery best in the United States. We are confident that the true character of the Law School will match its reputation. In this connection, the faculty has made an important commitment to provide more small-group and tutorial Instruction with a view toward "hand-honing" all of our students to a point of excellence. Experience with the group program and the course in Counselling Small Business has proved the efficacy of individualized Instruction, and the currfculum will reflect on an increasing scale the lessons we have learned from this experience. . ' Our library will keep pace with the new teaching and research demands which will be made upon it. We hope to have a collection of some 200,000 books by 1972, and, ultimately, we will build to a size of 400,000. Considering the fact that the average cost of law books is about $12.50 a piece, simple arithmetic shows the Importance in dollars which we attach to the library. Pedagogically, it will become the focal point of our efforts. The maintenance of a large library requires a big staff of trained, professional librarians. We will recruit such a staff. Additionally, we plan to use our librarians in an "active" way to provide positive assistance to the faculty and students in their research efforts. To carry outthis acquisition and assistance program will necessitate the retention of some thirty librarians. Presently the faculty is-engaged in planning a new law schoolbuilding which will be beautiful, functional, and sufficiently spacious to accommodate a largestudent body, a faculty of 60 and a library of 400,000 booKS. This building will be located on the new University campus which is sometimes called the "Mlllersport campus" or the "Amherst campus" or the "North campus". We hope to be in the new building in 1968, but the probabilities are good that we will not occupy it until the fall of 1969. iln the meantime we must go ahead with our program, and this means that w« will have to rent some* space to supplement theactivities that are being carried on at 77 W. Eagle. It Is not appropriate, for me to comment at this time on our rental plans, but I can say that we are hopeful that we will be able to rent space very near to the Law School, and that some space will be available for dormitory use. In summary, I see a great future for the Law School. Our greatness, however, will not lie in the fact that everything student body, faculty, building, library will be bigger. Bigness, per se, is no virtue. Our future greatness, like the greatness of our past, will He in meeting the legitimate demand which Is made of us by providing superior answers to the ancient question, What kind of legal education Is best calculated tofurnish our area of service with legal talent of the highest quality? ~ - - �OPINION MAY,1965 Civil Rights Internship Program By Carmin Putrino Last summer, it was my privisions I also saw that a great deal lege to take part in the summer could be done and was not because intership program of the Law Stuof lack of Information and organidents Civil Rights Research Counzation. There are many national cil. The Council, through its organizations working inthe south, several chapters at various law most of them working tothelrfullschools, organized andtrained stuest potential. However, they candents to serve as law clerks to not possibly provideall of the leadattorneys working in the civil ership and Information needed to rights field. Our purpose was to improve conditions in the south. help relieve the work load facing Often, they, too, lose sight of their these attorneys and participate in purpose, causing dissent within public information programs. The their organizations and limiting job promised hardwork, some risk their effectiveness. and the opportunity to be a part When I earlier mentioned the mof a very worthwhile project. characteristics of a closed society, After a brief but thorough trainperhaps I shouldhave said vestiges ing session at ColumbiaUniversity instead. With the passage of the law school, I was assigned towork new civil rights act, a change ocwith the firm of Hollowell, Ward, curred in the attitude of some of Moore.and Alexander in Atlanta, the white community. Instead of Georgia. Prior to my arrival in the massive opposition that most Atlanta, I had heard conflicting would expect, a majority of the reports on that city describing the businessmen voluntarily complied attacks on pickets during sit-in and urged others to do likewise. demonstrations. I had also heard Even more surprising was the fact other descriptions of Atlanta as, that many continued to comply "the City too busy to hate." When after their colleagues began toreI arrived, I found both a very vert to the old way. Given a unibeautiful, rapidly growing city and versal requirement opening all the characteristics of a closed public services or accommodasociety where racial prejudice was tions to all races without segrethe rule. gation, most men complied. There In my work, I saw some of the was no loss of white clientele; many ways the law was misused. in fact, there was an increase in There was the case of a girl from business. a northern collegewhowasarrestWhen the test cases of the Civil ed and convicted of violating a Rights Act began in Atlanta, more seemingly unconstitutional statute. services resegregated. It seemed After being sentenced to 18 months that the thought of someone fighton a county work farm, the cuming the bill with the prospect of bersome procedure for appeal besuccess rallied the old racial gan. The trial record had to be hatred groups and corrupted the approved word by word, on two ocminds of those who attempted to casions the girl—who had since comply earlier. The proceedings returned to school in Connecticut— in that crowded federalcourt room had to fly back to Atlanta to be were watched by all and began to present in court only to have that crystallize the old opposition. session adjourned, the attorneys When the ranks of the segregahad to make numerous appeartionist were totaled, however. It ances for hearings or arguments also increased and strengthened frequently lasting only a short those who supported the bill. Many time and then adjourned. Another men watching Mr. Maddox describe case Involved the alleged shooting his beliefs In court, were able to of a negro boy by a white man sit back and objectively see some under circumstances which seemof the fallacious reasons behind ed unjustifiable. I soon discovered thosebeliefs. In doing so, they were that there wouldn't have been a urged to question the basis for prosecution of this case had it own racial beliefs. Though their not been for an attorney from our no massive conversion toward inoffice who was asked to represent tegration occurred, changes did the interests of the deceased. In result. fact, I was told that though an This court fight also pointed up investigation and hearing would be the major limitation of a legislaheld, an indictment wouldprobably tive cure. Mr. Maddox'scausewas not be sought. This same incident a combination religious crusade provided the opportunity for furand patriotic single-handed dether harassment of the negrocomfense of country. Such beliefs are munity, for a local leader was changed easily by any means, arrested for inciting a non-exist- not and certafnly not by legislation. ant riot during a peaceful protest In fact, for the southern racist, following the killing. I also saw any such legislation is irreligious, the misuse of the law by applying Immoral and, therefore, not really unequally it or keeping its proteclaw. This is not to say that such tion from some. A negro landownlaws aren't necessary orthat other er, deprived of his property by legal cures are not helpful. This what Is Ironically called the eqis merely to warn that we should uitable remedy of specific perthat such legal action formance of a contract he could not expect is a cure all. Furthermore, the never have read or understood. effectiveness of such laws ultinegro lawyers Lack of licensed mately depends on their administo practice In Georgia is assured tration and good faith implementa•by stringent bar requirements and tion. The fight against racialprejthe unavailability of any review In the south Is a fightagainst courses for negro students who audice way society, a of life. The law (wish them. Once convicted, the can only hope to provedtheframenegro had to contend with unequal work in which to achieve the nectreatment in jail. A difference in essary changes. color meant an extramealper day, less work to do, more free time and more human-like living conditions. In effect, the availability and the benefits of the law depend on the color of a person's skin. In talks with negro students at Atlanta University, I was told of the improved conditions and how, only a few months earlier hundreds' ,were arrested for a sit-in demonstration, how members of an all white church stoned negro pickets following aSunday service, how local leaders make token gestures aimed at changing northern opinion and pacifying a few members of the negro community who "had made it." At these discus- • Congratulations to the Glass of'6s 3 Professor Kochery Appointed Executive of A.B.A. By Helen M. O'Dotmell One of the most significant appointments made byLewis F. Powell, Jr., President of the American Bar Association, was that ofDavid R. Kochery as Executive to the Section of Judicial Administration of the ABA. Following the appointment last fall, Professor Kochery Immediately undertook the direction of perhaps the busiest section of the National Bar Association In addition to his teaching duties at the State University of New York School of Law. This Section is devoted to improving the administration of justice in courts of all levels and in all jurisdictions. Instituted in 1911, its purpose, which is as germane today as when first stated, was "for the conference, discussion, and interchange of Ideas as to the duties, and responsibilities of the judiciary." The creation of new courts or the reorganization of existing ones, court reforms, the public defender system, and alleviation of court congestion, are all examples of the areas in which the work of the Section has provided the necessary incentive, information, and practical aid that has resulted in a record of concrete improvements. The membership of the Section, which has offices in Chicago, is composed of lawyers and jurists from the entire country. The National Conference of State Trial Judges, the Appellant Judges Conference, and the College of State Trial Judges are integral parts of the Section. Joint programs with the American College of Trial Lawyers and the Association of American Law Schools to train young lawyers in advocacy, and with the ABA Section of Criminal 1) A professional lawyer should remain aloof from "psychological involvement" with a client, thus devoting his energies to legal interests, this does not prevent a well-planned opinion as to recent decisions Involving criminal law. Mr. Birzon asserts that the recent Supreme Court decisions do not show willingness to dismiss criminal cases on technicalities but the "concept of insuring a fair trial to insure legal, as versus moral, guilt." Thus, he envisions the assignment of legal counsel to indigent accused "down to the level of misdemeanors, if necessary, to assure fairness." As a corallary he would adopt the English system of not allowing "trial by the press" by prohibiting news of the proceedings until after completion of the trial. The public cannot identify with the criminal, and thus the "bad image" of a criminal lawyer is an idea to be dispelled by anactive public relations program conducted by the Bar Association, Emphasis should be given to the Idea the "constitutional law gives certain rights to all" and the lawyer is protecting those rights when he protects the accused. Students may wish to know more about this field. The law school recognizes this need by supplementing substantive or procedural aspects with the Legal Clinic Program, and providing opportunities to help local lawyers. Much help Is needed and this necessity does not cease; assigned counsel are currently able to get into trial work and start out rapidly. In addition, another Birzon article, "A Survey of New York Systems of Legal Representation" can be found in the current Buffalo Law Review; it will enable students to compare the legal systems of Erie County with five others from New York state. By The particular work of each of these conferences, and the supervision of such programs in addi- tion to theworkand,staff of the Section itself, are a part ofProfessor Kochery's administrative responsibilities. Previous experience in the field of judicial adminjstration particularly qualified PYofessor Kochery for this position. He has conducted judicial seminars invarious states for the Joint Committee for theEffective Administration of Justice which has since been succeeded by the Co-ordinating Committee for Effective Justice whichis apart of the Section. He has also coordinated similar seminars in New York State for the New York State Judicial Conference and, in the course of planning theseseminars, has prepared handbooks for the attending judges to use. Instrumental in the revision of the New York Civil Practice Law and Rules, Professor Kochery then lectured on the new law for the New York State Bar Association and the Practising Law Institute. He has also been recognized as an outstanding labor arbitrator by labor and management. In this new post, Professor Kochery intends to continue the Section's struggle for better justice, and for theattainments which, although sufficient today, may be completely inadequate for a better tomorrow. LAW WIVES OFFICERS HONORED PROF. BIRZON (cont. from page Law to develop standards for the administration of criminal justice, have been inaugurated. James Urban AT SPRING LUNCHEON Outgoing officers and senior members of the Law Wives Association were honored at their annual spring luncheon, Sunday, May 2, at the Charter House Restaurant. During this luncheon, the newlyelected officers for 1965-66 were installed. They are as follows: Mrs. Annette LaVallee, president; Mrs. Barbara Brand, vicepresident; Mrs. Maxine Dodge, corresponding secretary; Mrs. Rosemary Fries, recording secretary; Mrs. Sally Bolm, treasurer. This annual luncheon culminates the organization's activities for the present school year which included, at its high point, a fashion show and card party forthe benefit of the Law Wives Scholarship, given annually to a deservingmarried student. Along withparticipation in the fashion show, the wives have also held frequent bake sales to increase their scholarship funds. STATE APPORTIONMENT (com. from pog» 2) (April 14, 1965) as follows: "Since the Federal Courts have already held that the present legislators came Into office last year pursuant toa districting which was constitutionally void, the result might be not only that the state would have no apportionment law at all, but that we might have no legislature since the three-manFederal Court has ruled that the present Legislature is only being allowed to sit on condition that it promptly pass a new apportionment sta- tute." The key words in the aforementioned opinion of Justice Desmond are the words "the Legislature is being allowed to sit" and that there might be "no legislature in New York." It is quite obvious what the implications of these words are to the state and local governments. It is thecourts and not the people who will probably decide governmental repre- sentation. That same WMCA v. Simoncase supra, brought out another prob- lem resulting from the Supreme Court decision, which is confusion. The Simon case struck down the last of the four apportionment plans passed at a special session of the New York Legislature because it violated Article 111 of the New York Constitution by setting more than 150 election districts. Article 111, which had set the rules for districting since 1894, had been struck down by the Supreme Court to the extent that It violated the "one man, one vote" doctrine.The big question was, how much did they include? The framers of the apportionment plans and the dissenting' judge. Van Voorhls, in WMCA v. Simon, supra., argued that 150 districts was an essential part of the old plan. To be sure, the Supreme Court decision was confusing on that score. The result Is that New York probably will have no election this year as was previously mandated by the Federal District Court and who knows what will happen after that. To sum up then, It is argued that geographical, historical, and economic factors, as traditionally employed along with population, may represent a more truly just system of apportioning the legislatures seats. No real proof has been brought forward that the present system is sodamaging to state governments. Admittedly, there are some bad situations that should be remedied, but there Is also no proof that a concentration ofvoting power in high population urban areas will not be more damaging to a state's integrity that the present system. In fact, the experience of this nation with big city machine politics has indicated that strict majority control is not always most desirable. If, In fact, the old systems of apportionment are not found equal and just, then according to our democratic systemsIt Is thepeople of the states who should make that decision and not the Courts. Seoted, left to right: Morions Pappolardo (vice president), Ann David (president), Carol Leaden (treasurer). Standing, left to right: Patricia Stefonim<recording secretary), Linda Milinowski(corresponding secretory). �Do You Remember: Take yourself back to the happiest years you have known In the pursuit of the law: law school. How you used to wonder why the faculty could be so dedicated as to forego prosperous private practices for the academic life. Even today this remains a mystery. You know that Shaw's capsule; "Hewho can, does; he whocannot, teaches," Is untrue. What, then, can explain this mystery? Scholarship must be Its own reward. At any rate, who would have so well prepared you for the law if It wasn't for these gentlemen? Remember your first semester In law school? No matter what one's undergraduate record was, he was worriedsick overallexaminations. And the tendency for everyone to affect a legalese style of speaking: latinphrases and legal terminology sprinkled liberally throughout all conversation, most of the time making little sense in the context, but useful to demonstrate one's legal competence after three weeks of training,especially to one's awed friends. Then, there were the people. Cousin Jim, for example, who were not impressed with such pomposity. He would ask you a question of practical importance, which withyour limited legal training you found impossible to answer. You would stumble for an answer only to be told by your inquisitor that you were dead wrong. He, of course, had cheated, and prepared himself by corresponding beforehand with the foremost legal authority extant, and was prepared to give you citations if you doubted his interpretation. Your deflation would prove to.Cousin Jim thathis thesis that "lawyers aren't so smart after all" was true. Can you recall the class types? were numerous. First, there was the "question asker," known army In circles as the "volunThey " H« wnuid ask all manner of questions, usually having nothing to do with the current topic in class, serving only to confuse both the professor and the class. Then, there was the "genius." He was the person whose uncanny perception in picking out issues or answering the professor's every question, however obscure to the rest of the class, caused most of his colleagues to suspect that he was either a faculty stooge or the natural son of Clarence Darrow, attending your school incognito. The "playboy" was another type whose graduation with high class standing was a complete teer MAY, 1965 OPINION 4 mystery, the solution to which would never be divulged. Heusually cut more classes than he attended, and never found examinations difficult. It Is a shame he didn't apply himself totally. He certainty would have gotten more out of school. Left to right: Arthur W. Lazarowltz, Alan A.Millnowski, George R.Stumpf. A PILOT PROJECT A. Cirando By David Jay Remember, also, the frequent references to the medical profession. The professors and most of the students were convinced that law was the profession most worthy of study, to the exclusion of all others. The only reason why doctors enjoyed greater prestige, they postulated, was due to the great public opinion moulding machinery of the American Medical Association. Wistfully, these people would reflect on the stature of the attorney in public life, wondering if he would ever be able to enjoy the same exalted reputation as the physician. How they would revel to themselves over the "conspiracy of physicians" In malpractice cases. It was as if this conduct proved to them conclusively that it was the lawyers who were the foremost honorable professional men. The first law school examination will never be forgotten. You were sure that Oliver Wendell Holmes couldn't have passed, but when the grades were posted, you found that casualties were light, many, includingyourself, doingmuchbet- ter than you would have imagined. At that time you felt that you couldn't have marked your own paper with such liberality. Then the rumor was circulated, deflating everyone's newlyregained ego, that the professor really hadn't marked the papers at all. He had simply thrown them down the stairs and marked them according to the order In which they landed. A mark over 80% was given if the paper landed standing on its side. If the paper never landed and continued to float It would be assigned a 90% grade. Now, as you sit in your leather upholstered, overstuffed executive chair, in your fully air-conditioned, deep pile rugged, luxuriously appointed office, you look over your bust of Chief Justice (fill in the blank with vom* favorite liberal or conservative) to your fully transistorized computerized law library, and lazily push the button which engages the automatic programming device by which you can dictate your most intricate legalproblem and receive the accurate answer In a matter of moments as well as the fee for services rendered (including, of course, the electricity used), and you wonder if law school was really worth the bother. - SPEAKER'S FORM COMMITTEE By AlanMilinowski During the school year, the Speaker's Forum was host for a series of talks by local practitioners on specialized areas of interest. Called "Law in Practice," the series provided information on problems in various types of practice, followed by a luncheon for the speaker and a limited number of students. The purpose of the program was to provide students planning to practice locally an opportunity to meet leading practitioners and to dis- cuss problems related to thatfield. By John A Pilot Project for the Skills Training Program will be held at the State University of New York Law from July 19th LAW STUDENTS CIVIL RIGHTS RESEARCH COUNCIL By David Jay School of through July 23rd 1965. The program will cover approximately 30 hours. The tenatlve curriculum includes: civil litigation andappeals; criminal cases and appeals; family law problems and procedures; estates and wills; commercial and business organizations; real estate transfers; administrative agencies;1 law office management; and professional responsibility. The "practical" aspects of the above fields will be pointed out by leading figures in each area. The project is the result of hearings to determine methods to prepare the recent graduates for the professional practice of law. The Committee that conducted the hearings and made the subsequent recommendations to the Court of Appeals was composed of: Honorable Alger A. Williams, Presiding Justice of the Fourth Judicial Department; Honorable Bernard Botein. Presiding Justice of the First Judicial Department; and Mr. Thomas McCoy, Chairman of the JudicialConference. The basic program, including the Law Schools, the participation of judges and lawyers, and no charge to those in attendance, "in return for which the students contribute their time." was designed by Dean William D. Hawkland, and adopted with some modifications by the Committee. The participants are the 1965 graduates of the State University of New York. School of Law. use of the PROF. JOYCE (cont. from poo. 1) Kenneth Joyce comes to our Law School with a very Buffalo impressive background. He re- his Bachelor of Arts and LL.B. frotii 3i—h;r. College. Whtls Law School,hewas Edirc. B.C. at in-Chief of the school's Law Review and a member of theHonorary Order of the Coif, which is the law school equivalent of Phi BetaKappa. He then went on to receive his LL.M. from Harvard. The young law instructor's list ceived - of accomplishments continued when he served as a clerk in the Supreme Judicial Court of Massachusetts in Boston for one year. He then served as a clerk in the U.S. Court of Appeals for the District of Columbia in Washington. While in Washington, heparticipated in a seminar with Professor Louis L. Jaffe on Administrative Law. Jaffe is considered an expert on Administrative Law and has written textbooks on the subject. In conjunction with this seminar, Mr. Joyce wrote a paper which will appear as a chapter in one of Jaffe's future publications. Mr. Joyce is a member of the Massachusetts Barand is a reporter,for the judicial section of the American Bar Association. A native of Boston, Massachusetts, Mr. Joyce now lives with his wife, Rita, at 2747 Sheridan Drive In Tonawanda. Mrs. Joyce is also a native of Boston and has educational accomplishments of her own to her credit. Sheattended the University of Minnesota and received her Bachelor ofArts from Boston College. Currently, Mrs. Joyce is teaching emotionally disturbed children in the Kenmore School district. In addition to bis legal Interests, Mr. Joyce is an avid sports enthusiast. He Is especially fond of football andbasketball.When asked how he feltabout the recent A.F.I. Championship game, he had no comment but he did say, "I will be much happier with the city of Buffalowhen it goes In for professional athletics." Mr. Joyce is extremely happy at the Law school. He attributes this happiness to the fact that the faculty is young at heart, with greatly diversified Interests. By James N. Rogers Last year found the Civil Rights Research Council working primarily on specific cases involving infringements on personal liberties—cases referred by members of the faculty through the American Civil Liberties Union. This year, under the leadership of Co-chairmen La Chiusa and Putrino, the group has widely expanded its scope of activity. One member is doing part-time work for the State Commission on Human Rights, currently examining the legal ramifications of a refusal to perform a construction contract. Continuing a project begun over the past summer, some members are exploring the enforcement of the Multiple Dwelling Law andthe possibility of expansion of sanctions to secure better enforcement. In this connection, the New York Rent Strike materials are being searched in order to assist the LSCRRC unit at the University of Pittsburg in their attempt to formulate proposals for legislative enactment. In response to the narration of Co-chairman Putrino's experiences in Atlanta this past summer, thus far, five applications for the Summer Internship Program have been received. Any persons interested in working with civil rights attorneys this summer In eitherthe north or the south, should please contact any member of the group. Signs of the Times On a sunny Monday afternoon, May 3, an unidentified picket paraded before the law school doors with a "blank placard of protest." Vhen que;;rion»d fey the EtudantSj the mystery man replied that his name was "Diogenes" and he was picketing in protest of the decision of the Peter Zenger case (1735). Diogenes felt that "freedom of the press" meant that anything and everything he had to say should be published by the press. Lest this newspaper be branded suppresslve of the views of an honest but troubled man, Diogenes' view is here presented. Next stop, sir? "Why, Independ- ence Hall, of course." A few weekends ago, the group sent four representatives toWashington to attend the Conferenceon Law and Indlgency, held under the auspices of the LSCRRC and Georgetown University Law Cen- ter. There, they heard among others: David J. McCarthy, organizer of the Washington Bail Project; Melvyn Wulf, Legal Adviser , to ACLU; Former Chief Judge Simon Sobeloff of the 4th Federal Circuit; Dr. Edgar Cahn of the Office of Economic Development. Many ideas were exchanged with students from all parts ofthe country concerning the movement and a good time was had by all. In addition to the other projects outlined, the LSCRRC, in conjunction with the Erie County Bar Association, the Student Bar Association, and the Law School, is sponsoring a drive for collection of law books and money to purchase law books for use by students and practicing lawyers in the south whose accessibility to such materials is severely limited. The participation of the entire school and Legal Community is hereby solicited in order to make this drive a success. PROF. ATLESON (cont. from page 1) and the role collective bargaining played as a supplement to Social Welfare. Mr. Atleson Is a member of the American Bar Association, Ohio Bar Association, American Civil Liberties Union and the Association of American University Professors. Mrs, Carol Atleson, a former Wellesley girl, holds a B.A. frorr. State University and a N.I.A in Sociology from Stanford Universilj, California. Her intc.tStJ ir. the social welfare field have led Ohio to her current employment as a Social worker with the Lackawanna Friendship House. Mr. Atleson and his wife, Carol, find the friendly attitudes and the pace of the QueenCity particularly pleasing as well as the obvious quality of the Buffalo Philharmonic Orchestra. The professors, after hours, are often punctuated by his interest In playing folk guitar and an occasional game of tennis in warmer weather. By James N. Rogers � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1965-05-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/46e22c4e711807348d0a0e5662659ee5.pdf b7073eeebccd33809a00017d4bdea2e5 PDF Text Text OPINION of the VOL. IV, , LAW SCHOOL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO NO. 1 A PUBLICATION OF THE STUDENT BAR ASSOCIATION MARCH, 1964 Prof. Hawkland Appointed Dean William D. Hawkland, professor of law at the University of Illinois, has been appointed dean of the State University at Buffalo Law School by the State University Board of Trustees. He replaces Dean Jacob D. Hyman, who last July asked President Clifford C. Furnas to accept his resignation sometime before June 30, 1964, so that he could devote more time to "thinking and writing about the law." Dean Hawkland's appointment becomes effective June 1. "The resignation of Dean Hyman after more than a decade of service is regretted by the entire University family," said President Clifford C. Fumas. "However, in view of his deep commitment to the study of the philosophy and theory of law, we can appreciate his desire to be free from administrative duties so that he may focus full attention on teaching and research. "We have been fortunate, indeed, to have attracted Dr. Hawkland, a law scholar of the first rank, to assume the duties of dean. His background will be a source of inspiration to students and faculty alike." (cont. on page 3, col. 1) DEAN HYMAN STEPS DOWN By William Scott When this article reaches the readers of "The Opinion," there will be but a few weeks remaining in this spring semester. And with the close of the term comes a major change in law school administration. Dean Jacob Hyman will step down from the lead position he has occupied so successfully since 1953. His term of 11 years is second in length only to that of Carlos C. Alden, who held the post from 1904-1936. Dean Hyman came to the University of Buffalo with an extensive background in government work as well as private practice. A graduate of Harvard College in 1931, and Harvard Law School in 1934, Dean Hyman in 1939 joined the Federal Department of Labor where he rose to the position of "Chief of the Solicitors Office, Appellate Section." In 1942 he became associated with the Office of Price Administration, eventually Medicine, and others. Furthermore, his teaching days are far from over, for although Dean Hyman will be stepping down from his will remain on the faculty in a teaching capacity. present post, he Dean Hyman was recognized for his intensive efforts in recruiting interested college students to the law school from many areas outside the city by paying personal visits to several neighboring colleges and universities, to spur interest in the Law School. His plans and objectives as Dean are best expressed in his own words: "...an educational experience... to train lawyers not only to solve client problems but also to contribute toward the solution of the larger problems of society itself... the pursuit of truth..." As he leaves his post. Dean Hyman, will join a distinguished roster of 9 past deans including in as "Associate General Counsel," addition to Carlos C. Alden, for that office. In 1946 Dean HyCharles Daniels, Adelbert Moot, man came to the University of BufChristopher G. Tiedeman, Francis falo Law School as an Associate M. Shea, Mark DeWolfe Howe, Professor. In 2 years he had been Philip Halpern, Louis L. Jaffe, professor, elevated to a full and and George N. Stevens. in 1953 became Dean. In the 18 years Dean Hyman has As this article is written, it is been with the school, the writer not certain who the new dean will estimates conservatively that some be. The choice is in the hands of 1350 attorneys have attended his a committee composed of Hon. classes. The present student body Charles S. Desmond, Chief Judge knows him for his courses in Legof the New York Court of Appeals, islation and Administrative Law. Manly Fleischmann, a Buffalo atDuring his years here, however, he torney. Professor David R.Kochery, has taught Corporations, Family and the committee chairman. ProLaw, Torts, Procedure, Law and fessor Robert B. Fleming. 3 New Additions to Faculty By Thomas Webb W. D. Hawkland WILLIAM D. HAWKLAND TO THE STUDENTS AND FACULTY A year or so ago, Gilbert J, Pedersen prepared a history of the Buffalo Law School in which he relatedthe story of the law school's first seventy-five years which culminated in 1962 with the decision to affiliate the institution with the State University of New York. Dr. Pedersen organized this historical study largely around the ten deans and two hundred faculty members who had served the law school over these years. If future historians follow Dr. Pedersen's approach, someday there will be written another chap- ter to this story entitled, "The Hawkland Administration." This chapter will set out in detail what all of us administrators, faculty and students have accomplished, or failed to accomplish, in the immediate years ahead. Time alone will tell whether this chapter will be a record of success or failure, but it seems safe to predict now that one of its themes will be the word "change." Two factors have combined to portend great changes for our law school. The first, of course, is the nation-wide, increased demand for college and university training. This demand, triggered by a postwar birth rate which has been at a high level for the past fifteen years and an increased desire and capacity on the part of many young people to go to college, surely has numerical implications at least for all law schools. It seems clear, for example, that the enrollment at our law school will double by the year 1970, and perhaps sooner. Secondly, affiliation with the State University of New York opens — — new vistas, imposes new responsibilities, and poses new problems. This affiliation surely will result in many changes. As the only law school in New York, we will have the duty to encourage qualified students from throughout the state to attend our law school. The execution of this duty will not only result in increasing our enrollment but in changing its make-up and complexion. - Right Prof. Schwartz, Prof. Simmons, Prof. H.il.vy England in 1933. After completing accepted a faculty position at the elementary and high school in University of Wales. During the Brighton, Mr. Halevy entered Kings subsequent three years at the UniCollege at London University versity of Wales he filled a dual where, in four years, he received role as librarian, and Contracts and an LLB in 1956; i.e. in England a Legal History instructor. In 1961 student receives an LLB upon our new librarian came to America completing four years of college. for the second time and enrolled at Columbia University in New York After graduating from Kings College Mr. Halevy became a Barrister City. While at Columbia Mr. Halevy of the Middle Temple which is was both a student, receiving an analogous to our New York State MLS in 1963, and reference librarian for the Columbia Lew School. Bar. Having a Ford Fellowship "BarMr. Halevy who resides in the rister" Mr. Halevy came to America downtown area affords the School LIBRARIAN HALEVY in 1957, and enrolled in the Tulane an opportunity to observe both University School of Law; awarded English charm and efficiency. Being Our new acting librarian and an MCL in June 1958. Thereafter a bachelor by choice, he recomlecturer in Legal Research, Mr. Bel(cont. page 3, col. ') four Halevy, was bom in Brighton, Mr. Halevy returned to England and Left to The Faculty of the State University of New York at Buffalo's School of Law has been enlarged this September with the arrival of three energetic young members; associate professor Herman Schwartz, assistant professor Peter Simmons, and acting librarian lecturer Belfour Halevy. Besides possession noteworthy legal backgrounds, each of the new faculty members brings to our School a valuable diversity of education and experiences. — Law Review Elects New Editors The board of editors of the Buffalo Law Review has announced the election of Mrs. Josephine Y. King as editor-in-chief. She succeeds James P. Manak. Also elected to the board of editors are: Ronald L. Fancher, James B. Denman, George P. Doyle and Leslie G. Foschio. The new board of editors will be installed at a dinner to be given at the Park Lane on April 15th. The Hon. Alger A. Williams will be the main speaker at the dinner. All members of the Law Review, and all past members of the board of editors are invited to attend. handle an increased enrolldrawn from throughout the and, eventually, from other as well, it will be necessary for us to have a new building and the services of a dormitory. The decision already has been made to erect the new building on the main campus. This decision will have far reaching implications. For example, it will have some curricular consequences, because the immediate availability of all of the University's resources will make it easier for us to pursue more vigorously some areas of inter-disciplinary study. The new building and the increased financial support made possible through affiliation with the State University will enable us to add substantially to our library collection. Financial resources in amounts undreamed of a few years ago will make it possible for us to increase greatly the size of our faculty, thus permitting us to maintain a highly favorable faculty-student ratio and to augment our curriculum. These financial resources also will enable us to keep our faculty intact. fconf. page 2, col. 1) To ment state areas GEORGE NASCHITZ fly Michael Swarl The Law School is indeed fortunate to have as a member of the Freshman Class Gheorghe (George) Naschitz. Born thirty-six years ago in Timisoara, Rumania, cap. of Banat region, approximately four hundred miles from Bucharest. George achieved many distinctions during thirteen years of practice in his native land before coming to this country in December, 1962. George came to Buffalo under the auspices of the Jewish Federation of Buffalo, and through a program conducted by the Erie County Bar Association met Professor Laufer who encouraged him to complete the requirements for theBar at this school. George expects to continue as a trial lawyer upon graduation. In '46 it was the banks, '47, the industry, '48 the grammar schools, and about 1949 tbe Communists {"con/, page 3, col. 4) �Michael Stern, Jr. William Scott Thomas Webb Joseph Sacco Michael Swart, Alan HoughtonMifflin Company, Pp. 151 $3.25 Reviewed by Editorial efficiency. The entire examination schedule was completed on January 18. Some professors began grading papers within a day of their examination. Others had not looked at them two weeks later some admitted this; others were still smiling that long afterwards. Optimists guessed that marks would be out by March 1 a mere six-week delay. Two difficulties are often mentioned. First, many students find it difficult to bear down on new courses before knowing their marks in completed courses, thus placing a burden upon both the student AND THE SECOND SEMESTER PROFESSOR. Second, the inordinate delay is basically unfair to ALL students, and is particularly unfair to Freshmen and low-ranking upper classmen. The Freshman has no idea as to the relative efficiency of his study methods, and must have such an idea if he is to improve them in time to effect an appreciable change in ranking. The low-ranking upper classman could conceivably expend $75.00 for books, various sums in unrefundable tuition and expenses, and find himself sitting on the curb due to January in front of 77 West Eagle Street in March examinations. Without a doubt certain instructors have extremely tight schedules. Most are required to teach three to six hours, while many colleges require six to fifteen hours of their professors. These schools often demand the grades within two to seven days. It is possible that the delay in preparing grades is due not only to workload, but as well to the oft-expressed view that marks should not be important. "It's the quality of your education that counts." We would hate to have to plead that in mitigation of a poor record to a college, a graduate school, — — — or to a prospective employer. The many effects of the delay may be discounted as unimportant by the Administration. However any view of their import is irrelevant if they are viewed as existing in any degree, since these effects are avoidable. Professors can be required to complete their grading within a reasonable time. A reason- able delay is both expected and justifiable, since adequate consideration should be given each paper. Yet it should be pointed out that an almost octogenarian Professor, who disapproves of examinations of the sort given by American law schools, completed his grading within two weeks of his examination. That he gave any paper inadequate consideration could never be charged. It would appear to be the individual instructor, and not the Administration, who is at fault. However, it is apparently up to the Administration to discover the corrective, since the disfavor of the student body has not proved sufficient. (cont. from page I) In the past some great law schools have treated Buffalo as a "farm team," a good place to train young scholars for the "big leagues." Those days are over. It is clear that we will be in the "big leagues" very shortly. As the only state law school in New York, we will have a special responsibility to aid the state in solving some of the larger problems which beset it. Our law school, thus, undoubtedly will become more oriented toward research aimed at learning the truth about social institutions, and especially those of New York State. This orientation, of course, will not absolve us from our duty to go beyond state and national lines in the search for truth and in our effort to add to the world's fund of knowledge. In these connections, we probably will have in our midst in the near future some foreign students, foreign law professors, and some American graduate students. In order to accomplish the grand objective and seeking and disseminating the truth, it will be necessary for our law school to have complete academic freedom. Fortunately, we inherit a great tradition of academic freedom 1963 — Richard S. Mayberry During the month of February, grades occupy a large part of the thoughts and discussions of the student body. Since quotation would be difficult for reasons of decency and propriety, it may only be said that few of the comments are complimentary to the Administration or the Faculty. It would be difficult to validly criticize the method used in arriving at grades: we don't really know anything about it. But the method of disseminating them borders upon the ridiculous due to its in- from the University of Buffalo Law School. We must make sure that this tradition is not impaired by our new affiliation with the State University. Although an increased enrollment and some change in the direction of the law school's efforts will alter substantially the character of the institution, we are determined that the alterations will not result in "shortchanging" the students. The students will remain the "heart" of the law school and its ultimate raison d'etre. We want the students to become partners with the faculty and administration in the challenge that lies ahead. I will maintain an "open door" policy, and I hereby extend an invitation to all students to bring to my attention any problems and any thoughts they have about the law school. Conversely, I hope the students will reserve to me the privilege of coming to them with my problems and plans. The standing of our law school in the "major leagues" will depend as much on the student body as it does on the faculty and the administration. United and performing up to our capabilities, I am hopeful that one day we will challenge the best law schools in the country for the "pennant." The Integrated Bar is an intriguing and controversial concept even when it is pointed out that the integration involved racial or ethnic. For the is not purposes of this book, the author accepts as a definition of an integrated bar, "a state bar association so organized that membership therein is a prerequisite to the privilege of practicing law anywhere in the state..." Mr. McKean is an example of a social scientist analyzing an aspect of the legal professiojrf Another example is Lawyers JK Their Own, by Jerome E. Carlin, reviewed by Maurice Frey in the Fall, 1963 Buffalo Law Review. Fortunately, because of strong possibilities that integration of this sort may be adopted or attempted by other professions, the topic cannot be said to be so strictly legal that only an attorney is qualified to study it. It is the business of non-lawyers as well. The dental profession of the State of Oklahoma has been integrated, by statute, since 1935. The author states that he is "fond of lawyers", and hopes that this book will not be too hard to take. From the point of view of the almost-lawyer. It is not. Due to its length, it is at best an historic overview a good tool for obtaining some feeling for the subject, and it sufficiently well done to cause this reviewer to seek more. It is not, however, so well done as to cause one to drop everything to find it. Appropriately timed (at the approximate fiftieth anniversary of the movement in this country), it traces the historical development of integration, adoption by states by statute or court rule, and treats the major arguments pro and con integration. None of these, with the exception of the historic first few years, are exhaustively covered. With increasing disappointment, this reviewer sought some mention of the present situation in New York. Arkansas, North Dakota and Alabama are referred to often. California, probably because its integration is discussed in other works, is well treated. Mr. McKean would classify the arguments pro and con as, (1) the objection to "closed shop" aspects and compulsory financial support of political lobbying contra; and (2) more efficient lobbying and profession policing pro. He probably overemphasized the lobbying aspect, although it is timely and controversial as a result of Lathrop v. Donohue, 367 U.S. 820 (1960). Mr. Justice Black stated in his dissent in that case, "I do not believe that either the bench, the bar or the litigants will know what has been decided in this certainly I do not." The case author does not, although about one-fourth of the book is devoted to it. More interesting is the statement of the policing problem. The author states the problem as general within the professions: "The patient or client must proceed largely on faith and rumor in circumstances where his very life and all his property may be at stake: a faulty diagnosis, or a wrongly filled prescription, may lead to a probate of a badly drawn will." Actually policing involves more than guarding standards of competence through regulation of law school entrance and curriculum, and bar examinations. Some of the problems maintaining ethical standards are pointed out. Conflicting conclusions may be drawn from a view of the relatively huge number of disciplinary actions in non-integrated New York. Whether this results from the relative size of the New York Bar, or more efficient procedures is problematical. An additional aspect, again only indicated, is the effect of this sort of integration upon racial integration of the profession. A — — — Whot is your opinion on By Alan Mitinowski the suggested abolishing of juries By Dayton David McKean Boston: Richard S. Mayberry, Albert Dolato, Delomater, Walter W. Miller, Jr. Message to Students... Query: in civil suits? THE INTEGRATED BAR Milinowski Class contributors: John Court of Opinion BOOK REVIEW OPINION EDITOR-IN-CHIEF MANAGING EDITOR ASSOCIATE EDITOR BUSINESS MANAGER STAFF: Carl DeSantis, Karl Keoker, Senior MARCH, 1964 OPINION 2 Louis J. Lefkowitz Attorney General, New York State Such a proposal represents a radical departurefrom atraditionally fundamental institution in the law. The jury system, while subject to some criticism, still is a basic part of the administration of justice in our democracy. Instead of action to abolish the institution, I would favor a study to determine if such action is feasible and to ascertain if some more intermediate steps might not be proposed. I cannot subscribe to the opinion that it is necessary to abolish the jury system solely because of the volume of lawsuits. A more appropriate solution would seem pos.sible. Prof. A. Homburger U.B. Law School Chief Judge Desmond, in commenting on the wastefulness of the civil jury system and suggesting that it be critically examined, has joined forces with other leading jurists in this country who expressed similar thoughts with increasing frequency during the past two decades. This is encouraging as for a long time it was considered un-American even to talk about abolishing or changing our system of trial by jury in civil cases. The overwhelming number of cases which come before the courts today are negligence cases. There is no question that the right to trial by jury in these cases is at least a contributing factor to the serious problem of delay in court and to the growing cost of administering justice. There is a real danger that negligence litigation will be withdrawn altogether from our courts unless steps are taken either to abolish the jury system or to improve and strengthen it and to modernize the underlying substantive law. A study as recommended by Chief Judge Desmond may find the answer to the question whether the jury system can be adjusted to modem needs or whether it has outgrown its usefulness. It would permit a careful re-examination and re-evaluation of such problems as coping with ineffective calendar control and pre-trial procedures; the feasibility of reducing the expense of the jury system in terms of money and waste of time and energy of judges, jurors, lawyers, witnesses and parties; strengthening devices for the disposition of cases before trial, such as to offer compromise; overhauling out technical and antiquated rules of evidence; creating a workable statewide system of impartial medical experts; and augmenting judicial authority in connection with the conduct of the trial and the power of the judge to withdraw cases from the jury. Juries in effect have been law makers notwithstanding the court's admonition to apply the law as charged. This is particularly true in negligence cases where the amount of the verdict often suggests that the jurors apply the rule of comparative negligence. Except in extreme cases this is difficult to control. If the verdicts of the jurors properly reflect public sentiment, would not legisla- Book Review (cont'd.) one hasn't been made, is in order in light of sugstudy, assuming gestions that, in Southern states, Negroes are not discriminated against in entrance they can more effectively be restricted from within and in fact may be preferred— they are not in competition with the white bar, and are needed to handle clients not desired by the white bar. As previously mentioned, the book is worthwhile when viewed as introductory. It's footnotes constitute what appears to be a fairly complete bibliography (including references to a few bibliographies on the topic) unless you are primarily interested in New York. — — - tive acceptance of the doctrine of comparative negligence be preferable to a de facto change of the substantive law by our present system of trial by jury? It may well be that such change would go a long way to dispel distrust in our judges as fact finders in negligence cases and to promote settlements and waivers of jury trials. Such change might well be the opening wedge to the eventual abolition of trial by jury in civil suits, particularly if it were accompanied by a change of the method of selecting judges and an extension of their term of office. Our traditional reverence for the jury system should not stop us from approaching these problems with an open mind. The experience of England and continental Europe shows that a judicial system can function well without a jury in most civil suits. Burke I. Burke Erie County Judge While I personally have not yet reached a conclusion, I do agree a thorough study should be made, and a cross-section of opinion obtained. There is a strong feeling to keep the juries, but the experience of continental Europe, which has largely dispensed with the jury in civil suits, should be carefully noted. Hamilton Ward New York State Supreme Court The issue should definitely be studied, but a judicial conference or a public hearing is the proper forum for such a question. I would strongly suggest improvement of the system rather than abolishment. There are a number of areas in which this might be accomplished. Some examples are the use of six-man juries, exercising of simultaneous challenges in the presence of the judge, and creating and standardizing rules for drawing juries. I might note that much of the delay is caused by lawyers trying to obtain a jury biased in their favor, rather than one which is impartial, and not by any inherent defect in the jury system itself. The argument that jury verdicts are unfair is overstated. There are many safeguards against this, and they are effective. I have been a party to several thousand trials as a lawyer and a judge, and while on the bench I have had to set aside only about one-half dozen verdicts as shocking the conscience of the court. It seems that in the vast majority of cases, justice is ultimately served. LIBRARY With the need for greater library facilities, and study space painfully apparent, the Law School anxiously looks forward to its interrupted transfer to the Main campus in the near future. Since the University of Buffalo has become affiliated with the State University of New York the law school has benefited immensely. The library budget has gone from what Mr. Halevy, the new librarian, says was "hardly enough to keep up with the basic periodical material" to a substantial figure (circa $60,000 per annum) with which he contemplates being able to make valuable additions.'These additions include, among others, significant augmentation of the presently available reserve books, and several vigorous programs to increase the research materials already in the library on such topics as Local Government, the Common Market and International Law in general. Mr. Halevy introduced the freshmen to the library at the beginning of the year by taking small groups around and showing them the physical layout of the various materials available to them. He stressed the fact that the library is for anyone to use and all the rules are made for the benefit of its users. The basis of these rules Is common consideration of others. �MARCH, 1964 OPINION Dean Hawkland Appointed... (cont. frompage 1) JUSTICE PHILLIP HALPERN: Promoter of Justice, Love, Freedom Professor Hawkland, who holds the Bachelorof Science and of Laws from the University of Minnesota By Karel F. Keuker has been in the academic profesWhen speaking of Justice Phillip sion since receiving his Master of Halpem we are reminded of a reLaws from Columbia University in 1949 has a wide and varied exmark made by William Hazlitt, in hisLectures on the English Poets, perience in academic life. He was who said, "Fame is not popularity. assistant professor of law at the University of Tennessee, 1949-50. It is the spirit of a man surviving He then joined Temple University, himself in the minds and thoughts where he was promoted to asof other men." sociate professor in 1951, and Born in Buffalo on November 12, professor in 1954.Professor Hawk1902, and ending his long career land spent 1956 as visiting profeson Aug. 25, 1963, Justice Halpern lives on in the minds of many as a sor at the University of California at Los Angeles, after which he bright light in a world darkened joined the faculty of Rutgers Uniby materialism, prejudice, hate versity in Newark, as a professor and ideological conflict. The legal career of this man of law. In 1960 he went to the Unistarted in 1923 when he received versity of Illinois, and it is from this school that Professor Hawkhis LL.B. from the University of land now comes to head the law Buffalo Law School, and gained admittance to the bar in 1924. school. At the age of 29, the State ComProfessor Hawkland, was born mission of the Administration of 44 years ago in Willmer, Minnesota, is married and the father of two Justice appointed him to its comsons, William D. Hawkland, Jr. mittee on Practice and Evidence. He wrote the section on "Recand Stephen D. Hawkland. He is a member of the Order of ommended Changes in Practice, Procedure, and Evidence" in the the Coif, the Illinois and Minnesota Commission's 1934 report. He was Bar Associations, the American Bar Association, the American a professor at the University of Law Institute, Phi Alpha Delta Buffalo Law School from 1925 to 1943, acting Dean from 1943 to Legal Fraternity, and the Editorial 1945 and 1952 to 1953, and Dean Board of the Uniform Commercial Code. He is also the author of a from 1945 to 1947. In 1947 the people elected him number of publications on the law. to the State Supreme Court bench, He has written extensively for legal periodicals and is an authority from which he was elevated to the Appellate Division in 1952. He was and author in the field of Commercial Law. In addition Professor re-elected to the Supreme Court Hawkland is the author of five in 1961, and in the same year he books. At least two of these books was named tothe State Commission on Revision of Penal Law and are used in the courses on Negotiable Instruments and Sales in Code of Criminal Procedure. Justice Halpern founded the this school. Sometime in the near future the Joint Committee on Erie County Bar Bulletin and Continuing Legal Education of edited it from 1933 to 1938, and the American Law Institute and the was a member and former trustee American Bar Association will of the Erie County Bar associapublish his textbook on the Comtion. He was also a member of the mercial Code. 3 New Faculty Members, (cont, from page 1) mends very highly the same to all students. Mr. Halevy also recommends that the student body take advantage of the "superb" musical concerts periodically given at Baird Hall on the main campus. Finally, Mr. Halevy expressed this opinion of Buffalo's weather "magnificent," — PROF. SCHWARTZ Prof. Schwartz, a member of both the New York State Bar, and the Washington, D.C. Bar, is presently teaching freshman Torts. In the spring semester he plans to teach a course in Trade Regulations. Prof. Schwartz was bom in Brooklyn, N.Y. in 1931 where he resided until entering Harvard College at Cambridge, Mass, in 1949. While at Harvard College he distinguished himself as a brilliant student, having the rare distinction of being awarded two degrees with Magna Cum Laude; A.B. in 1953 and LL.B. in 1956. After graduating from Harvard, Prof. Schwartz served a year as the law clerk to J. Edward Lumbard who is presently the Chief Judge of the Federal Court of Appeals, 2nd Circuit. He subsequently entered private practice in New York City. In October 1961 he was appointed as an assistant counsel for the Senate Sub-Committee on Anti-Trust, headed by Senator Kefauver. Directly from this famous Committee Prof. Schwartz joins our faculty to embark upon a career of teaching. Prof. Schwartz and his wife Mary, have settled in the Parkside section of Buffalo. The rigors of moving have not interfered with the Prof, and Mrs. Schwartz's impression of Buffalo as an "enjoyable" place to reside. In fact Prof. Schwartz, in a short period of time, has made his presence known and respected in the community as a member of the United Council on Human Rights, and the American Civil Liberties Committee. Since the lawyers will eventually guide our nation towards equality for all men, Prof. Schwartz hopes that more students will become active participants in these groups. PROF. SIMMONS In 1931 Prof. Simmons was born in New York City, but early in life followed the call "Go West, Young Man," by moving to California. After graduating from Hollywood High School in 1949 Prof. Simmons enrolled in the University of Cal- ifornia at Berkeley. In 1953 he was awarded an A.B. degree with "Honors"; after serving as a member of the California Law Review Prof. Simmons received his LL.B. in 1956. Upon graduation from California Prof. Simmons entered the University of Wisconsin for a year of graduate study on a Alvord Fellowship. The subsequent year, while pursuing a Ph.D., our new professor accepted a teaching fellowship in the History Department at the University of Wisconsin. He remained at Wisconsin until 1962. At this time he returned to his alma mater in Berkeley to teach for one year in the University of California Law School. Prof, and Mrs. Ruth Simmons have settled in the North Buffalo area with their daughter Ann, age 10, Mrs. Simmons' opportunities for observation of our City have been limited; she is expecting a new addition to the family in the very near future. The excitement of this impending event has not effected the readily apparent enthusiasm which Prof. Simmons exerts towards teaching. Nevertheless he believes the freshmen are subjected to unfair conditions by the local construction work and the poor acoustics in the freshmen lecture room. (Child born—girl), Prof. Simmons will teach Personal Property, Real Property, and a seminar in Legal History. On behalf of the faculty and student body we would like to welcome Messrs. Schwartz, Simmons, and Halevy. We sincerely hope that their respective teaching careers, at the Buffalo Law School, will be both enjoyable and fruitful. Editor-in-chief James P. Manak announces that the annual Court of Appeals issue of the Buffalo Law Review is now published and available. In addition to the survey of significant cases handed down by the Court of Appeals in its last term, lead articles include an address delivered by Justice Douglas of the Supreme Court last March on the Bill of Rights; a survey of existing Fair Employment Practices legislation on the state and federal levels by Professor Daniel H. Pollitt of the University of North Carolina; a study of religious protection laws bearing upon adoption procedures in the various states by Mr. Lawrence List of the New York Bar; and a study of problems in land use and water controls as shared by the United States and Canada, with a concentration upon problems and conditions in the Western New York and Niagara Peninsula areas by Professor G. Graham Waite of the University of Maine. A new feature, the Faculty Comment presents an extended commentary by Professor Arthur Lenhoff of this faculty on Weinstein, Korn and Miller, New York Civil Practice, Volumes I-111, dealing with the CPLR. The Review is available free of charge to all law school students. Yearly subscription rates are $4.50 or $2.00 per individual copy. 54 ACROSS 1A 5 source Review Convention The Editor-in-Chief, two other members of the current Board of Editors and the Editor-in-Chief elect of the Buffalo Law Review will attend the Tenth National Conference of Law Reviews at the University of Nebraska, Lincoln, Neb.- April 10th thru 11th. Topics will range from business management to student writing, the latter to be chaired by one of our delegates. Principal speaker at the Conference will be Solicitor General Archibald Cox. Me"ur* controversy Kind of examination 9 Conjunction 12 River In Germany 13 -Avis (Lat.) A strange bird S8 59 -. ! 36 What Cosa Nostra 39 Sin 41 Before (poetic) 42 Little 44 Hannibal crossed them 46 Hollywood la full of them 16 evidence 32 1/10 25 Alex Karras was one 26 Often goes from '" Emotional ~* Where Dr. Hornan office To win, lust bearded , A unlt of meaßUre ln J w ~;.,., / ~( i v [ndlß B i|ver 2 Supreme Teutonic 4 Where , we should shine-.Darrow 5 In the Domesday book fl 2o th Valued 50 A wall 52 The amount in a vat. I p H*" P it /* ,7 __ ? 'r t* I 1 j ■■ Hf'/ P?I ML __--J ■" " 7 * -« _--■ w . ____P^ ■■_-__-_-! ____. ** *"' ** | __■ =; W Jackie is visiting the Greek ones Compass point Solution on poge four 1 V " " " ■" F ** I ■** ■ p- j. 79 S " 55 p [* p |» * '' 6 p ortion 7 VtT God g Light amplification by stimulated emission of radiation 9 Often leads to injunction 33 Roman road 40 * l n | are deltv 3 A network of blood VOBSe |„ or nerve fibers 45 Satisfied 46 Male parent of a quadruped 47 Rhymes with schnook 43 To fillwith joy ,| barely French article °1 Where lions ji father to son 28 A person of northern Ceylon 30 Shelly's case gave us one ,- berger has DOWN Prefix 18 To anoint 19 finder(J word b 21 Mother of Apollo 23 Bills safetvman (Ist name) 24 Winglike 27 Common slang 29 Chalcedony 32 Without* «">'d 34 The Firth is 37 Force source 38 Hairnet Lfke argon The jury -the truth from the 11 Likeadune particle 17 doesn't have 10 P 60 £££ b.." — |j2skw_-o 15 One must be at his beat when he- — Mythical bird 57 Members of transitional training units (abbr.) of — — — S3 — — Current Law Review 49 3 years as a trial lawyer, he had — — — PTT77¥ V Jr UZjZjJUJC- .... (cont. from page I) one of the most active practices had taken over the universities and in Timiaoara, the capital of the their various faculties in Rumania. Banat region (one of the 10 judicial This was George Naschitz* last of regions.) The handicap of which a four year law course following we speak was a result of George's 4 years of grammar school and 8 asking permission to leave Rumania years lyceum education. He had in 1950. This is not an unheard of had three years at Victor Babes event, but it is rare because once University in Cluj of strictly someone has said they would like Rumanian law. This last year the to leave they are naturally always Communist element was strongly suspect, and people in any Comand forcefully injected. It was also munist country fear being suspect. in the fourth year that the students But George persisted for 12 years, departed from the usual "hornbookmaking formal requests four times, type" courses and began case and being formally denied once, book work, which George feels is and finally in 1962 he was allowed more instructive and interesting to to leave. the student. After the last year, Within those 12 years, the state George took a provisional bar forgot from time to time that he was exam, taken only by those stususpect and allowed him to try dents aspiring to be trial lawyers. cases involving the military. He Then in 1951 he took a one-half was not, however permitted to try year course for a masters degree, cases of a serious political nature, which is taken by most students nor, though he had a certificate enbecause of such benefits as a 5% titling him to appear before any higher salary for a judge. FollowCommunist Country court in mating his masters degree 2 years ters involving a Rumanian citizen, after the provisional exam the was he allowed to try cases outyoung Rumanian trial lawyer must side of Rumania. take the permanent exam, which he Probably one of the most truly is allowed to fail only once. Communistic aspects of the RumaFrom this point the trial lawyers' nian Trial lawyer's professional course varies greatly. Other stulife has to do with the very comdents, not taking or passing the plicated system of remuneration. exam have several fields from Since everything belongs to the which to choose. The exam for a including the attorney's state judgskip an appointed position talents and work, making the atexcept for the highest court where the clients torney a 100% asset the people can vote for the one pay a fee strictly set by the state is, paradoxically, candidate ($5O for a homicide, usually reeasier than the bar exam, though gardless of time or difficulty) to the the Judge, besides sitting with central office which will in turn most of the functions of American every fortnight send the attorney judges, without the assistance of a about V-th of the total fees to his jury, also acts as an inquisitor. credit. As a balance, a lawyer who It is his duty to bring out facts has had more than his share of either attorney may have neglected fees in a certain time would be which he considers to be of import. required shift to some of his clients As a judge he may sit in any of the to another attorney who was not three levels of Rumanian courts: up to his quota. But, because the (1) the County or City courts, people are supposed to have free (2) the 10 regional courts, (3) or choice in their attorney, this must the supreme court in Bucharest. be done carefully, convincing the Besides judgships, the non-trial client that the other lawyer is attorney may become a corporation more of a specialist, or better council. All companiesbeing owned qualified in his case. In September by the state, this position takes on 1957 this law was passed. It of a strange complexion by American course forbade any attorney from standards. Within one ministerial receiving payment of any sort from unit (e.g. the steel industry) all his client. In October it was disputes are settled by the atGeorge's duty to defend a fellow torneys of the various companies attorney who had accepted $5 from standing before the attorney and a policeman masquerading as a ministerial chief of that unit. Beclient. Of course the state was intween companies of varying units terested in showing the lawyers (e.g. steel v. oil) disputes are an example so no defense would settled by one attorney from each have been sufficient. unit in front of a special "ArbitraThe legal profession seems to Another unique tion Judge." be the last field in which private feature of the company structure in initiative is not altogether starved. Rumania is the election by the One still gets something resembling workers of a company judge. It is a percentage of the effort expended, his duty, as a state official to though George expects that even lawyers will soon be on a strictly decide disputes arising within the individual company. (Labor v. mansalaried system. It is possible for worker v. worker). agement a popular and good lawyer to make These are some of the fields of as much as $200 a month (per force endeavor the young lawyer may a relative figure.) This makes the enter, but perhaps trial-law, being law one of the highest paid proGeorge's speciality, is the most fessions for the very successful immediately interesting. young lawyer naturally figures Despite the fact that George was of the salary of party leaders are under a great handicap for his 12 not available to the people. fconf. on page 4, col. I) Law Committee of the Erie County Republican Party and in 1944 was appointed by Governor Thomas E. Dewey as chief counsel to the State Public Service Commission. Aside from his legal career, "Dean" Halpern was a leader in the movement to ensure human rights throughout the world. He represented the United States on the United Nations Subcommission of Prevention of Discrimination and Protection of Minorities from 1953 to 1961. He was also a member of the Advisory Council to the United States delegation to the United Nations Commission on Human Rights, where he distinguished himself at the 1951 and 1953 meetings in Geneva and the 1954 meeting in New York. In recognition of his defense of human rights he was awarded the National Brotherhood Citation by the National Conference of Christians and Jews in 1954 and the Medal for Achievement by Canisius College in 1962. Speaking in 1954, Justice Halpern stated that American Democracy is a "mosaic to which each ethnic, religious and cultural group contributes a stone. The cement which can make the mosaic withstand internal and external stresses alike is made up of three ingredients national loyalty, justice and mutual individual respect." Vachel Lindsay, in "The Eagle That is Forgotten," expressed a thought fitting to the memory of Justice Halpern when he stated, "Sleep on, O brave-hearted, O wise man that kindled the flame To live in mankind is far more than to live in a name." 14 Born National Law George Naschitz | ■ 7^ W IB** " "J™ ''' *» — tv n F7 ~* ~' III) �De Facto School Segregation 'DOWN UNDER" LAWYER A Northern Legal Problem? by E. Carl DeSantis It has been almost a decade since the historical Supreme Court decision of Brown vs. The Board of Education. The Brown decision indicated that separate educational facilities are inherently unequal, and that such inequality is a denial of equal protection of the laws. New York State has long prohibited school segregation by law (New York Education Laws). Segregation, as known in the Brown case andas prohibited by New York law, is coerced separation of the races. However, coerced separation is not the only kind of segregation which can result. De Facto segregation in the residential pattern of Negroes and Whites in the city often results in a segregated type of racial distribution in "neighborhood schools." This is what is known as de facto school segregation. It is essentially a northern problem. The Board of Education of Buffalo published a report in June, 1963, concerning the policy of this city relative to school boundaries. The report takes the stand that the housing problem is the basic causal agent. The Board feels that when "we solve the basic housing problem, which is at the heart of this matter, we will have no school problem." The attack on the housing problem has met with limited success thus far. Many authorities point to the need for adequate education in order to successfully effectuate integration in housing. The problem thus becomes a threefold cycle of housing, education and employThe New York City Commission on Integration reports that "segregated education is inferior education." That same commission also declared that segregated education has defects which are "inherent and incurable." The New York City Board of Education requested the Public Educational Association to conduct a study of Negro and Porto Rican eighth grade children in the predominantly non-white schools of that city. The results were striking. It was shown that the Negro and Porto Rican children in the non-white schools scored lower by two years and four months on reading tests, and two years and seven months lower in arithmetic as compared with a sample from a predominantly white school. There is some question as to whether the Constitution would require an effort to eliminate de facto segregation. Critics of the existing situation point to the fact the schools may be segregated by other means than by statute. It is also maintained that the school board need not "stand in the schoolhouse door." Segregation may be accomplished by gerrymandering a school district, manipulation of transfer policy, arbitrary school site selection or by underutilization of certain schools while overutilizing others (6 Villanova Law Review 353). Some individuals even maintain that the very existence of a predominantly negro school might give rise to a presumption that the state has a "discriminatory intent." The most common argument against the "discriminatory intent" notion is that neighborhood schools serve the district of the resident pupils. This leads to a segregated school district if the neighborhood is a negro ghetto. The first instance of a northern school board having to submit a plan for desegregation was in New Rochelle, N.Y. In that city the Federal District Court decided George Naschitz ( frompage 3) MARCH, 1964 OPINION 4 .... Basically, ordinary between citizens there is justice in Rumanian civil law. It is good law and well carried out. Criminal law, though usually harsher than American is still justly administered generally. It is only when the state is involved that justice may be bent or altogether wanting. If the state must make an example for the people, any means will justify that end. EDITOR'S NOTE: that the school board had gerrymandered school lines so as to confine Negro pupils to one school (Taylor vs. Board of Education). The district lines for school attendance were set in 1930. In 1949, white pupils were allowed to transfer from the Lincoln School. Then after 100% isolation of the Negroes had been accomplished the school board froze the school lines, allowing no transfers. This, in effect, was perpetuation of the existing conditions. In response to the court order the school board of New Rochelle submitted an "open transfer" plan to the court. This was approved and 50% of the pupils in Lincoln School transferred to other schools in the city. In June, 1963, the Board of Education of Buffalo announced an open transfer plan. It was a rather complex program by which a child had to apply well in advance. Whether or not the application was accepted depended on many factors such as travel, school space and previous district. This policy was recinded by the board in November, 1963.De facto school segregation still exists in the Masten, Humboldt, Fruit Belt and Cold Spring areas as well as other areas of Buffalo. The question of whether Buffalo will take the advice of James Allen, New York State Commissioner of Education, is one to be noted in the future policies of the Board. Mr. Allen feels that de facto segregation in the schools should be eliminated by the local authorities before state or judicial authorities compel such action. This letter is part of the cor- respondence between Mr. David I. Goldstein, a member ofthe Faculty of the University of Buffalo School of Law (S.U.N.T.A.BJ, and Mr. Basil A. Helmore of the firm of Sparke Helmore & Withycombe, Newcastle, Australia. Because Mr. Helmore's interesting discus* sion of the practice of law in Australia indicates differences well as similarities to our own practice, it has been presented for the benefit of our readers. from as Dear Mr. Goldstein, As you are no doubt aware, following the English practice, in three of our six States there exists the separation of the legal profession into two sections, viz. Barristers and Solicitors. I am a Solicitor. In the three less populous States viz. South Australia, Western Australia and Tasmania there is no such separation. The Barrister is the advocate he cannot be contacted directly by a lay client but must be engaged or 'briefed' on behalf of the lay client through a Solicitor who is personally responsible for the Barrister's fees. The Solicitor prepares the case, interviews and takes statements from witnesses, prepares and files preliminary documents and the like— the Barrister argues the case in Court. He can also give opinions on any subject again only through a Solicitor. Unlike the American practice, a barrister or solicitor cannot agree to be paid by results or to be re- — — TED M. KRAFT BUFFALO Associated with Cheektowaga Agency, Inc 2329 William at Harlem Cheektowaga 6, N.Y. — courts. A solicitor in this State has the right to appear in any Court, but in practice rarely appears in any of the Courts other than the lower or Magistrates Courts in Courts like the High Court of Australia (corresponding with the Supreme Court of the U.S.A.) and the State Supreme Courts barristers invariably appear. Barristers when appearing in Court (except Magistrates Courts) are robed in wigs and gowns. Solicitors do not robe at all. Barristers generally specialise to some degree as in Common Law, Equity, Divorce or Industrial — _ H\ _ .1 I _| ll 3 I 3| i| — [~3] I 3| Xl 3l .nil 00- TI"jJ7T|T3 i h v i s BARRISTER'S BALL iTiT|ITZ B~T~A 3 |i"p "Wp~| "i.j 3i , .n'ylHi nod ______A ZHZjI 3 ___ - ________ _I _ __ TICKETS NOW IT.IoIl' i|i TJT Annually — — 77 West Eagle St. Buffalo 2, N.Y. Aetna Casualty & — legal costs, or the greater percentage of them, from the unsuccessful one. In addition to litigation, a solicitor deals with applications for Probate, Administration of estates, formation of Companies, general advising and land transfer and mortgage work. Many solicitors have but little to do with litigation, and for all Solicitors land transfers, mortgages and leases are a very substantial part of their practice some do little else. My own firm's practice is more balanced we do a lot of land work, a lot of estates and quite a lot of litigation in the higher 7T7 o Published Three Times as Agent for — munerated by a percentage of a successful verdict such an ar- rangement is highly unethical here. A successful party recovers his LAW REVIEW TX 5-2609 Arbitration. The Common Law Bar is by far the largest. There is no such degree of specialisation as would admit of specialising in a subject like Bankruptcy as you do there would not be nearly enough demand for a barrister specialising in that subject. Solicitors do not usually specialise but some may do a very large amount of one type of work e.g. some do a lot of divorce work, some a lot of industrial accident cases, some a lot of company work, but we do not have, like you, huge aggregations of "Corporation Lawyers." I am head of a firm of 4 partners. I am 66. I have one partner in his later forties, one in his thirties, and one in the twenties. In addition we have two employed solicitors and three "articled clerks", that is to say apprentices in the law. Newcastle is an industrial City of about 250,000 (including outlying suburbs), it is the Second City in the State of New South Wales of which Sydney (2,000,000) is the capital. We are 100 miles by road and rail from Sydney and 60 miles in a direct line. Newcastle's industries are mostly heavy we have a steelworks employing about 9,000 and a number of subsidiaries of the Steel industry. I trust this discursive letter will prove of interest to you and I sign myself. Yours sincerely, Basil A. Helmore 0N SALE v _| »|vl s3 i _y_ 9tx i i Ji_ TITI Z__.__.J_. no n 9 T~r 7~i*o~ T~y~oT LAW SCHOOL lIINI.N University of Buffalo Seal on one side and the scales of Surety Co. (A Stock Company) $4.50 per Volume $2.00 Bonds justice on the other side. per Numbei $37.00 - $39.50 LAW BOOK STORE Liability Casualty Carrying a Complete Line of Horn Books SERVICE TO THE LEGAL PROFESSION ABSTRACT TITLE Divisionof _ THE TITLE GUARANTEE COMPANY 110 Franklin Street Buffalo, New York SYRACUSE ROCHESTER LOCKPORT Monroe Abstract & Title Corporation TAX and TITLE SEARCHES TITLE INSURANCE Phone: TL 2-0737 93 Franklin Street Book s lor New York Attorneys — Low Notes for Judges ond Lawyers 1963 (A Ready Reference Manual) by Joseph W. Kirkpatrick 1 Volume Skinner's Notaries Manual 1 Volume - 3rd Edition - $10.00 1963 $15.00 PUBLISHED AND FOR SALE BY DENNIS & CO., INC. 251 Main Street Law Boole Publishers Buffalo, New York 14203 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1964-03-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 4 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/1964 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0761f34ffbc2cada6fcd46022ef10854.pdf 9d8dc350e6760d0324bff56261f769bc PDF Text Text OPINION of the LAW SCHOOL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO A PUBLICATION OF Vol. 111, No. 1 THE STUDENT BAR DECEMBER, 1962 ASSOCIATION Law School Celebrates 75th Anniversary Judge Desmond Honored JAMES McCORMICK MITCHELL LECTURE Highlight of Celebration By Bill Scott Xhe anniversary dironci w^hs held in the Buffalo JMtikmk <Okin> on Friday, November 16, »f pm of the two day "AuniveTßßry Camference," in honor of nibe I i.v. School's 75 years of ■eKkramreGuests at the dinner im 1 u:lc:! distinguished judges, profchs-nrf of law, and practicing .muoimeffg; from all parts of the •nHTiitnv. tfbOwen B. Augspurger, &mniw«D— sary Conference Chairman, ikntroduced the principal ■^peelter at the dinner, the ■MMftfe Charles S. Desmond, 'Ohiieff JJin%e of the New York Cmm vS :*p- peals, and a 1920 praciuau- aff this SchooL Judge Desmond cd\&cft fair »eweral improvements, tco Jtee«iliEgi a "first rate law schDoL'"aßie mnDnfl that "our proper abijsotiOT llmig tonight is to look To tlic iuiurfHe advocated a move tto aihe Wain Street campus in a nrw And 'fulil.v adequate building wiiih ji mmrw and broader curriculum in its aw and broader ctorioars-"" THbc ]udge hopes for berater ■Bnrwemiknjg of prospective students^ ttao emable only the best qualliifliifti] mo attend. The faculty tihmM ft* 1-igc OuOufti! CD «■!« ffffiiOfessors to engage primanilV iim m research work, bd ttihey iro^ht give guidance to the llocall Hbbt-"" In reminding the Srhoal <t& iin The Law School of the State at Buffalo began the celebration of the University of New York with the ninth in its series of James McCormick Mitchell on Friday afternoon, November 16, 1962, at the Hotel Statler-Hilton. The lecture was followed by a dinner that evening with Chief Judge Charles S. Desmond as the principal speaker. A Saturday luncheon concluded the week-end long program. Pta—H»iw«n. ranter, confers with former deans attending 75th Anniversary. Law School Sees Great Benefit From Merger By HUe Wtiiversicy of Buffalo ofrw i;aJ 1y merged with the State H nJ i-nr-i ity of Kew York: on Auffiiao ?DW 8962- As a result, there i-.-,,m .m. new and unprecedented ifr.i (if (ip|)orrunity in education. Una- rnacget came as a result of ■ i■iiiiiii-ii.I(i i. mi iof the Yale Comimjcgge and a special report of the BKitacttniiA Xhroufih the .I'.icii obtained from these two iretpmns. a decision was reached %■ nhff State University to form trifaw* irrn.lu.itc centers for the William Borja et will be increased to located on Long Island, another at Albany, and the third at Buffalo. These centers will emphasize increased facilities for college students, more training for teachers and more help in the professional fields. The merger is expected to bene(•' the Is»™ Srh™]_ S"hst»Qtially. Evidence of this is the present expansion of the Law Library. The 1962-63 budget was $20,000; it is hoped that the 1963-64 budg- Some of this increased budget will be used to enlarge the collection of reference books with the purchase of congressional The faculty of the State University of New York at Buffalo's School of Law has been enlarged with the arrival of assistant professor Thomas Buergenthal. Prof. Buergenthal, a member of the New York State Bar, is at present teaching two Introduction to Law groups, as well as conducting a seminar in International I,J<»«I-UUI Transactions. Prof. Buergenthal was born in while his parwere emigrating from the tyrannies of Hitler's pre-war Germany. After his birth, the family continued to Poland where they spent part of the war years in the Ghetto at Kielce before being imprisioned in the German Czechoslovakia ents concentration camps at Auschwitz and later at Sachsenhausen. The to photographs of Doatra wmuuua recam umnujneiflwuti i.\>t ings, has won favor New York State 3»iiicii«U Cmfcrence* In & sumnier oimnnrxTf issued to all courts, the Canfaence forbade the photd|ir«frihiiii(p or televising of «U jmrcroiliinj!*. An exception xd aftre mdie wiillll only be allowed in tbtc iiiraucnrgs by petition to the Cfaiirf J|«i%r <b& the Court of Appeals or tlhr 'Obirf Judge of the Tegionall .*n»dlll«e Division. Prior to the diwintiiwWa eadh court, save for the «ek» luomax am the First and Second IDej>MMimniiw» was allowed to have suicth amiiwuties conducted within Wattatx son at its sole discretion. The Spring, 1962 ii«*ue «f Tftr <o>ffnwam fCiautn states its $60,000. State of New York. One would be materials to fill in important gaps in the early official reports of several NewYork and other states. Further initial steps will he taken lection of local government matoward expanding the terials, (CONTINUED ON PAGE 4) Prof. Buergenthal JoinsFaculty Judge Regan Consents On Canon 35 Problem Canon 35, the Amtrrtcnn ffiar Association's Htaced (rejingnjairw; Dean Jacob D. Hyman introduced the principal speaker of the afternoon, Prof. Joseph T. Sneed of Stanford Law School, whose lecture was entitled "Are the Federal Tax Laws Distorting the Substantive Law of the States?" The Dean remarked in his introduction that the idea of presenting the Mitchell Lecture at this time was both to begin the anniversary of the School on a distinguished note and to provide a stimulating contribution tolegal thought. Prof. Sneed began his discussion by saying that there had been little systematic charting of the changes in the substantive area which have been brought about by the affect of our tax structure. He saw a great deal of inter- to R: Former Deans Howe, MUfeemv, Stea, and Joffee. (CONTINUED ON PAGE Hi judge L opposition to .35\.Ac chat time, Judge Wil- I j-.im Regan praised the editorial liar its logic and appraisal of the |;ri:bl<rm. linnu, Judge Regan recentQv che controversy is now maun,, as. ail courts are bound by rrhff Conference directive. He assesses the ruling as attempting tm nnaintiain the decorum of the Annng reasons behind the ConSramnre"* action, cited by Judge W-Tpm, ace che loud whirr and clliidk of che cameras; the ominous, presence at the photographer; ttfteiinfiisttiiimuutte taking of photoapagtta- do editorialize against a pmnjft oft* danger of wild scrambling of photographers for better sftmss maxt their effects upon the (CONTINUED ON PAGE 4) Library Acquires Rare "BRACTON" In recent months our Law Library has received a large number of important and varied gifts from friends of the Law School. Professor Morris L. Cohen, the Librarian, has been seeking useful gifts of all kinds to supplement the Library's modest "pre-merger" budget for 1962-63. The initial success of this program has brought valuable additions in several areas of the collection. The roost important of these acquisitions involved the purchase from England of a tare first edition of Henry Bracton's De Consuetudinibus I.c gibus et Angliae, with funds made available by Mildred Miles Jaffc. Mrs. Jaffe, a former Librarian of this Law School, is the wife of Professor Louis jaffe of Harvard Law School who was Dean of this Law story of Prof. Buergenthal's per- sonal experiences in these Nazi torture camps has been related in a section of the book, "From Day to Day" by Odd Nansen. Toward the close of the war in Europe, Professor Buergenthal was freed near Berlin by Polish troops under Russian command, and he became the mascot of the Polish Army. The company with which he stayed was one of the first to enter Berlin during the "Battle of Berlin." After the German surrender, he spent a year in a Polish Jewish orphanage, before discovering the location of his mother in Germany and returned there in 1946. At the age of thirteen, he began his formal education with a (CONTINUED ON PAGE 4) School from 1948 1950. Brac- to of England was written in the 13th Century and has been called "the crown and flower of English mediaeval jurisprudence." The copy acquired for the Library is the first printed edition, published in London in 1569. Following publicity of this purchase, and of the Library's rare book program in general, in the Courier-Express, several other gifts were received. One was from Mrs. Carlos C. Alden, widow of former Dean Alden and Honorary Chairman of the Law School's 75th Anniversary Celebration. Mrs. Alden donated two valuable items from Dean Alden's library an unusual manual for the guidance of the Justices of the Peace, published in London in 1574 and one of the early American editions of Blackstone's Commentaries on the Laws of England (1807). In addition, Peter B. Klaasez, Esq., — (CONTINUED ON PAGE 3) i.e., society and tax, but said that it was difficult to predict changes with any accuracy. He outlined his talk into three major areas: distortion and reenforcement, amplification, and creation. Prof. Sneed's examples of distortion were founded in part by the state court's misapplication igation involving similar substantive issues. He showed that in a tax dispute the Confaiissioner always has the advantage of preferring substance to form, and since this is the basis for many decisions, rather than the niceties of the substantive rule, the state court is apt to be mistaken in its use of such authority. Prof. Sneed cited a recent tax decision where the Federal Court adopted an antiquated view of and came to an illogical result. He explained problems involving the parole evidence rule and how the court described the Commissioner as a third party and not subject to the rule in one case and in another instance how the C^omrnissloner easily circumvented the rule by using the old "substance over form" concept. He provided evidence of amplification of substantive law by examples wherein the local probate law was bolstered in instances involving family allowances during the administration of ■ decedent's estate. As an indication of the creative forces at work in this area Prof. Sneed again looked to the field of estates. He said "Connecticut now holds that death during administration does not deprive a wife of her marital deduction." He remarked that in the field of disclaimers and family allow(CONTINUED ON PAGE 3) �OPINION Joel L. Daniela THANKS! Edltor-ln-chlel Michael Stern, Jr..ManagingEditor Bill Scott Editorial Stall Walter W. Miller Jr. Seymour M. Mandt l...ftiuin«.» Mfir. The Editor and Staff wish to express their appreciation of the award presented to the OPINION at the Jerome Ira Solkoff school newspaper competition. It is hoped that the quality of the Opinion will remain at the standard of the ALSA judges. STAFF Sheldon Evans Samuel Shapiro James Dobie John M. Furlong Joseph Forma F. Jared Kemsley William Borja Editorial He Quotes From the New Law Fresh issues were blown into this past election campaign because an advocate of the Communist way of life was asked to speak at the State University of New York at Buffalo. An incumbent State Senator sought to uphold what he considered man to be the cause of the State taxpayers by saying that this should not be allowed to speak at a state-supported institution which exists solely through the involuntary generosity of the good people tff New York. Before the election was over the incumbent Senator was returned to Albany by a strong majority, and the issue of freedom of speech interwoven with the merits of academic freedom was widely discussed on and off the campus. We do not desire at this time to engage ourselves in a discussion of academic freedom. We will only remark in passing that we are strongly in favor of preserving a liberal attitude toward the idea of academic freedom; but those who take issue with our position will always receive our good ear and respect. What we do wish to take issue with is the manner in which the New York Supreme Court casually brushed aside the conflict when, a few days prior to election day, an injunction was sought in Albany enjoining the Trustees of the State University from permitting the lecture. On the return day of the show cause order the Special-Term Justice decided to adjourn the hearing until after election day. Whatever his reason for the adjournment may have been, the one which irritated us was the Justice's belief that since the incumbent Senator from Western New York, who had started the campaign to prohibit the speech, was such an influential man in the State Senate, this matter needed additional consideration. This reminded us of one of our dearest professors who, when a student would make a blatent error, would respond with "you quote from the 'new' law!" Where did the Justice get his basis for this ground? We have conducted a thorough search of all appropriate authorities and have failed to corroborate this reason for the adjournment. If such law does exist please notify us accordingly and we will stand corrected. To make our position clear, we are not concerned at the moment with the merits of permitting or not permitting the lecture on the campus. This is a vital issue and it is well that all points, pro and con, be presented. But we are concerned with an arbitrary reason a court of this State apparently stated as one of its grounds for granting an adjournment. BOOK REVIEW EDITOR'S NOTE: It is our policy to review books which have been standing on the shelves for some time, rather than discuss a very recent work, which in most cases has already been reviewed to death. "The Just and the Unjust" has been selected because of its steady reading lists, its appropriate content and its suberb description ofa trial. appearance on law school THE JUST AND THE UNJUST a novel by James Gould Cozzens reviewed by Walter W. Miller Jr. Although high drama, mounting suspense and cunning maneuver are largely absent from this story of a murder trial in a small town, James succeeds in presenting a clear and convincing description of the progress of the case against two kidnap-murderers from the point of view of Abner Coates, the young Asst. District Attorney who helps the District Attorney prosecute them. The story begins in a legal framework with docket entries indicating arraignment of the defendants, motions overruled, the completion of jury selection and the opening of the prosecution's case. This realistic atmosphere continues as the reader attends court with Abner,. goes with him when he is called away by a phone call from a Justice of the Peace who has become involved in a legal snarl, watches as he works on a manslaughter case, a morals charge and other problems. We are taken to the attorneys' room, the judges' chambers, to a barge party on part of an old canal, and to Abner's home where his father, a retired judge, counsels him. In this way, the reader sees the case not as a day-to-day spectator between the convening and adjourning of court, but as a participant who finds his work on this trial constantly interrupted by the smaller matters with which Abner' Gould Cozzens must DECEMBER, 1962 OPINION 2 deal. Contrasts abound. The dignity of the courtroom stands opposite the ribald jollity of the attorneys' room. Harry Wurts, the fiery, caustic, alert defense counsel, stands out from the others as he fights to save his client from the death penalty. Abner is sympathetically portrayed as a capable though somewhat lethargic opponent who is neither clever nor quick but who struggles to win his case with preparation and thoroughness. The judge looks at the case as a problem to be solved by a careful application of law to facts. The jury returns a verdict which seems to be inconsistent with such an application, and yet It stands and the reader feels that justice is done. The trial is the hard core that ties together the many characters and situations that the author introduces into the book. Witnesses, testimony, court procedure, motions and speeches by attorneys predominate. But the story is really as much about a town and its people as It is about a trial. Going with Abner, the reader is in and out of court, leaving during testimony and returning during other testimony. This gives a picture of a town, but it sometimes makes the thread of the story difficult to follow. (CONTINUED ON PAGE *) ALSA ConventionReport Prof. Distler Loss Mourned By William McMahon (WilliamMcMmhon and Heck —the Law School's ALSA representatives.) Charlem W. The fourteenth annual meeting of the American Law Student Association met on August 5-9. 1962 at the Hotel Whitcomb in San Francisco, California. It was presided over by the then President, Thomas D. Phelps. The most significant new service to member associations, however, was the STUDENT BAR Adjunct Associate Professor. He remained at Columbia for only one year, for in 1961 he joined the faculty of the U.B. Law School as an Associate Professor and taught Evidence and Procedure. At the time of his death he was ACTIVITIES LOOSE-LEAF SERVICE. Authorized by the Executive Committee at its mid-year meet- ing in Chicago in March, 1962, this massive project is now ready for initial limited distribution. Upon its completion, each member association of ALSA will receive a loose-leaf notebook containing now—to—do—it material s on all types of student bar projects and administrative problems. Materials are organizedalphabetically by student matter and coded for easy reference and filing. As new student bar literature is developed, it will be printed, punched, coded and mailed to the member associations for insertion in the loose-leaf notebooks. Thus, for the first time, literature which will not be made obsolete by new developments. While work on the Loose-Leaf Service was a coopsibility for its creation has been exercised by the ad hoc LOOSELEAF SERVICE COMMITTEE appointed by the ALSA Executive Committee in March, 1962. Steady progress has been made this past year in increasing ALSA services to its member associations. Early in the Fall, the STUDENT BAR ASSOCIATION INFORMATION SERVICE was inaugurated in Chicago to provide current information to the member associations regarding programs being undertaken in other schools and model student bar projects of various types. This was further implemented at the annual meeting by setting up a model student bar. This project at the meeting was both interesting and informative because it gave the participating members an opportunity to talk to student bar leaders from all over the country and to give and receive valuable information and answers to problems that come up in student bar groups. ALSA's interest in the pre- law programming field has been continued this year with publication by the Association's PRELAW COMMITTEE of the PRELAW CLUB HANDBOOK, a comprehensive guide to pre-law stufor establishing and operating pre-law clubs at the undergraduate level. They were convinced that pre-law clubs repretions ing the legal profession by at- financialbase. The AUDIO-VISUAL COMMITTEE prepared a brochure entitled "Why Learn the Hard Way" setting forth the rationale for audio-visual programs in the member associations. The Association's LEGAL AID AND DEFENDER COMMITTEE completed its pamphlet designed to outline the purpose of legal aid aa a student bar project, along with the practical steps necessary in instituting such a program. Among the products of the MEDICO-LEGAL collaborating on a multi-volume treatise on the new CPLR. In the short time we knew Late Professor Distler The untimely death of Professor Daniel H. Distler on July 9, 1962 marked the end of a career whose achievements were just beginning. At the age of 36, his life of scholarship and dedication to to the law was cut short. Prof. Distler's early interests toward the sciences earned him a position on the Manhattan project during the War, where he helped in producing the Atom Bomb. After the War he completed his studies at Brooklyn Polytechnic Institute from which he graduated in 1948. Admiring the challenge of the law he entered Columbia Law School where his brilliance was recognized as he was twice chosen a Harlan Fiske Stone Scholar, and also elected Notes Editor of the Law Review in 1950. After graduation Prof. Distler practiced in New York City until 1956 when he became Associate Reporter to the New York State Advisory Committee on Practice understand the nature and quality of his act in that the act is he may still be unable to deter himself or may be so emotionally disturbed as to be morally irresponsible for that act." 26 Albany Law Review 306. Notwithstanding this, New York Penal Law section 1102 provides that such a person is not excused from criminal responsibility. Query: The M'Xaghten Rule has been the law of New York State since 1881...w0u1d you favor legislative revision? Frederick M. Marshall Erie County Judge Both M'Naghten and Durham tests have their weakness. Dur- COMMITTEE was "An Image of the Law-Science Advocate" prepared for publication in brochure form. A ye«r- (CONTINUED ON PAGE 3) sult in the exculpation of the guilty; the lawyer would be moved out of the court room, replaced by the psychiatrist; the rule has a sense of vagueness. M'Naghten, it is charged, deprives the court and jury of the full benefit of the medical experts knowledge; Critics say the rule is unrealistic and In my judgment there is no need for change. I write as one who has worked with the M'Naghten rule on the floor of the court and from the bench it is a good rule. It is a workable, functional law permitting both lawyer and doctor a sufficientlywide latitude to effect justice. Isn't there a growing tendency among psychiatrists to view every criminal act as the product of mental disease? Wouldn't we be faced with a growing medically framed presumption that every criminal act resulted from mental illness? Under the M'Naghten Test it is the mental condition of the accused at the time of the commission of the offense which is crucial and that incapacity must be the result of mental disease—. If a defendant did not possess the mental capacity to appreciate the criminal nature of his act (the right from wrong test) then he should not be held accountable. This test is not a difficult one; it has worked well and I see no — - reason why sufficient latitude cannot be found within its legal framework to appease these who ■re now dissatisfied.. Prof. as a teacher and a scholar. His tireless dedication to careful legal analysis and clear concise thought marked him as a leader in his profession. His zealous search for perfection was enhanced by his brilliance. The law was his life; erudition his great qualities Although he will be chiefly remembered for his contributions to the law, we will also think of him as a man who was possessed with suberb, subtle and incisive wit which he used with ease. Finally, we wish to quote from one of Prof. Distler's closest associates, Prof. Jack B. Weinstein of Columbia: "What cannot be known with any clarity is the full measure of deprivation which will be suffered by the legal profession. For there is no doubt that Daniel Distler would have continued to play a leading role in training lawyers and in improving the law." Court of Opinion ham, it has been said, would re- dents into the study of law. AN APPROACH TO STUDENT BAR LOAN PROGRAMS, prepared by the ALSA SCHOLARSHIPS AND FELLOWSHIPS COMMITTEE, is designed to stimulate the establishment of student bar loan funds by the member associations. The PLACEMENTS COMMITTEE has published a helpful guide entitled "How to Plan and Operate a Placement Career Seminar" to promote such programs on the local level. The STUDENT BAR ACTIVITIES COMMITTEE discussed the study that they were making of student bar financing. The results of this research project are expected to perform a valuable service to member associations insofar as they share a need for a more substantial - "Thm marble index of a mind foraVW*1 William Wotdmwotth and Procedure. He had a remarkable ability to grasp the tremendous detail involved in our procedural system as well as being an astute draftsman. Much of the material in the Committee's reports on pleading, provisional remedies and enforcement of judgments was his work. In 1960 he returned to Columbia Law School where he became an -By F. Jared Kemsley and John M. Furlong Prof. J. D. Cook U. B. Law School Any legal test for the determination of criminal responsibility becomes of necessity a moral judgement. Viewed in this perspective the M'Naghten "rightwrong" rule is sound and workable. Undoubtedly it can be improved through more liberal court interpretation (Stephen, Hall, and others have suggested that the rule is broad enough to exculpate an insane accused impelled by an "irresistable" impulse). However, even as it is presently used it is a better rule than any other currently offered as a substitute. Even the Durham court has modified the so called''product test" in Mac Donald v U.S., decided just a few weeks ago, in favor of a more traditional approach to the responsibility question. If "the proof of the pudding is in the tasting" the actual worth of a legal rule may be measured by observing its application. Juries do not seem to be crowding our prisons with psychotics; as a practical matter prosecutors tend to equate real insanity with criminal incapacity. Glanville Williams has observed a similar tendency in England on the part of Crown prosecutors. It seems to me at least, that in M'Naghten we have a workable rule that appears to wear well in actual us-, age. Unfortunately neither the critics nor the proponents of the more difficult problem that must eventually be faced, the question of partial responsibility. Leonard F. Walentynowiez Assistant District Attorney Erie County There ought to be some provision in the law that would permit a person to be relieved of criminal responsibility if he was actually insane at tjie time of the commission of the alleged crime. The crui of the problem is to define "insanity." While the M'Naghten rule acknowledges the basic tenents of criminal justice... freedom of choice and knowledge, there is little doubt that it fails to allow for modern concepts of mental disease. It was this factor that led to the controversial decision inthe Durham case. How(CONTINUED ON PAGE 3) �DECEMBER, 1962 OPINION Judge Desmond Honored 3 Prof. Aids (CONTINUED FROM PAGE 1) Highlight of Celebration Mental Health Study By (CONTINUED FROM PAGE 1) Bill Scott Professor Saul Touster, a .Law faculty member since 1955 is currently working as consultant to the National Law Center of The George Washington University on a "Mental Competency Study," financed by the National Institute of Mental Health. The study is under the direction of Professor Henry Weihofen, a leading figure in the field of law and psychiatry. Although much research has gone into the issues of criminal responsibility, hospitalization, and commitment of mental incompetents, there has been no major research effort directed to the civil problems raised by mental incompetency. It is the object of this study to delve into the practical workings of the legal and administrative process with respect to problems regarding an School Louis Coecloto, Student Bar Assoc. Representative, presents a citation to the Hon. Charles S. Desmond, Chief Justice of the New York State Court of Appeals. The citation was in recognition of the Judge's outstanding contributions ta the legal profession. obligation to the nearly 2 million residents in the Eighth Judicial District, Judge Desmond said, "let us be sure our graduates are literate and articulate, that they have acquired some skill in solving actual problems and how early can you get? that they are able to pass the bar ex- — — Others present at the dinner included: Francis M. Shea, Dean of our Law School from 1935 to 1940, now practicing in Washington D.C.; Professor Mark DeWolfe Howe, past professor of law at this school, an' wat Harvard; and Mrs. Carlos C. Alden, wife of the deceased dean who served the School, from 1904 to 1936. On the second day of the 75th birthday party a luncheon was held at the Buffalo Athletic Club. The guests included students, faculty, and alumni. Charles J. McDonough, President of the Law School Alumni monies at the luncheon, read a telegram sent to Owen B. Augspurger by JohnLord O'Brian, one of the principal speakers, who was unable to attend. The message of the noted U.S. Supreme Court advocate is printed in full: "Dear Mr. Chairman: 1 deeply regret that I can not be present to join in the rejoicing and to express my personal sense of gratitude toward the unselfish group of lawyers under whom I studied in earlier years. They were annimated by a sense of duty toward the city and a sense of obligation to our great profession. The same motives under the wise guidance of Dean Alden and his successors have made our school unique both in character and achievement. Let us hope that the same spirit will carry it into new fields of accomplishment.'' .. -JohnLord O'Brian, LL.B. 1898. Mr. O'Brian's wife and brother Court of Opinion ever, as in most . Procedure, a person found not guilty by reason of insanity, should be committed until such time as it is reasonably safe to release him. Unfortunately, with criminal commitment tests. Adjustshould be made here. Attention is also called to the fact that there presently is no provision for permitting the people to examine the subject, if such a defense is raised. Hement do not coincide ment Mr. 'Moore stated that an objective of the Law School should be "excellence of education rather than enlargement of enrollment." To achieve this excellence, he suggested "new and adequate facilities, location close to the major educational center of which it is a part, and expansion of the faculty." He hopes to see the Law School develop graduate programs in municipal government law, as well as training programs "for the administrators of our judicial system." In closing, Mr. Moore stated that, "We have an opportunity to provide here in Buffalo a truly great law school for the people of our The study is cause this defense lies entirely within the mind of the defendant there should be no objection to such an examination bythe people. Marion A. Kobei, Student U. B. Law School, Junior Class The M'Naghtcn rule is based upon the principle that the accused must have a guiltyor wrongful purpose when the act was committed. Thus the rule con- legal insanity to be something which negates the ceives mental ingredient of the crime. The legislature should be reupset this basic doctrine merely because some dissenters argue that cognition is only oneelement ofan individual's personality. There is, in substance, something just as wrong with each test which has been proposed to supplant the M'Naghten rule. luctant to The irresistible impulse idea, for example, which suggests that will is totally separated from reason and emotion, is untenable. The Durham rule is too vague... most juries can do no more than speculate on the question of causation. The Durham rule also ignores the crucial question of cognition...i.e. whether the accused was competent to make the directed toward an analysis of the rights, liabilities and capacities of such incompetents. More specifically, problems such as the capacity of the incompetent to vote, make a will, enter into a binding contract, practice a profession, and even drive a car, are being dealt with in this project. It has as its goal, possible changes in the existing law with regard to the incompetent's civil status. The law today tends to regard incompetency as an "all or nothing proposition^ competency or incompetency, with no grades in between. It is hoped that this research will show the existence of such distinctions; that incompetency is not an absolute concept. Secondly, those involved in this study recognize the fact that the law has an impact on the treatment of hospitalized mental patients. It is hoped that this islative changes, so that the law will contribute to the best treatment possible, rather than inhibit it. Also, the study might be the basis for some "model acts" similar to the Model Commitment Act, recommended some years ago. Prof. Touster is engaged by the project on a consulting basis. He is now in the process of making a preliminary survey, by means of interviews with some of the people involved in handling incompetency matters in the Buffalo area. Through such interviews with states. PROF.SNEED ances the tax law is the generating force in the change, although this is not the object of the law. Prof. Sneed said that if the case of Buffalo Saving's Bank v. Victory is affirmed by the Supreme Court, many states will change their foreclosure proceedings so as to conform with that of New York. The Victory case involves the question of priorities. In conclusion he felt that "private law should serve non-fiscal ends" even though this may be difficult to control. He again criticized the use of tax cases as authority in private law litigation and remarked that by use of such precedent the nonbecause tax law is easily susceptible to change. Prof. Sneed saw "no prospect of abatement of our revenue deIf our government insists on leadership in the Western World our taxes will continue to grow. Three commentators followed Prof. Sneed. The first, Prof. Walter J. Blum of Chicago Law School found himself chiefly in agreement with his colleague, but said the changes in the private substantive law have been minimal. He cited with disapproval the use of tax authority as precedent even though desirable ends have been reached at times. Prof. Blum also remarked to the audience that the use of authority from areas which are not specifically in issue in the case is not novel to our system of jurisprudence. local lawyers, judges, psychia- Rare Bracton Collection etc., Prof. Touster hopes to be (CONTINUED FROM PAGE 1) trists, Dean Hyman brought the two day anniversary conference to a close with these words: "This conference has provided both a challenge and an opportunity. The opportunity is shown in the enthusiastic support of the alumni here today. The challenge here is for the faculty to grasp, and lam confident that they will." Continued from previous page cases where re- Adjustments can and should be made utilizing the best portions of each rule. Briefly stated, such a rule would keep the basic portions of M'Naghten (knowledge of right from wrong, plus freedom ofchoice) while adding that portion of Durham that would eliminate criminal responsibility if the act was the product of a mental'disease, only if such disease precluded the subject from making a free choice. This, however, is not the whole problem for though the subject may be relieved from criminal responsibility it does not mean he should be set free. As was recently recognized by the enacted Section 454 of the Code of Criminal were present at the luncheon. The second principal speaker was Frank C. Moore, Chairman of the Board of Trustees of the State University of New York, and a graduate of the University of Buffalo Law School. He spoke of the merger of U.B. with the State University system, and the affects of this on all state education. "Ours is the first state to create a university with the entire state as its campus," he said. He noted that 14 years ago, our state university system had 23,000 students; that by the fall of 1963, this figure will be increased to 100,000. We now have the first and only law school in the state system. He said, "this Law School should be encouraged and assisted to achieve outstanding excellence." hospital administrators, able to pinpoint a number of specific problems, which will be studied on a national level, in selective communities throughout the country. He took a leave of absence last year to do research work on the practice of psychotherapy as it affects the relationship between the psychiatrists in the medical profession, and the non-medical psychologists. This work was done under a Ford Foundation grant in preparation for his current undertaking. important moral decision. The must also find difficulty in differentiating between a defect or disease of the mind, which is essential to criminal responsi* btlity, from a mere defect in character. The only alternative is something akin to theModel Penal Code which suggests that a person is not responsible for his conduct if the capacity to conform his conduct to the requirement of the law is "substantially jury impaired." The M'Naghten Rule is working and h at least provides a guide to the jury's objective by defining criminal responsibility. Even manyof the most experienced psychiatrists believe not many injustices can be attributed to the M'Naghten Rule. A rule that functions this well be readily discarded. should not Cjreelimjs from the Staff of Opinion The next commentator, Prof. Ernest J. Brown of Harvard Law School, described the tax law as "never being neutral." He felt that federal tax law should be uniform and private substantive law should always remain with the states. Prof Brown criticized the Supreme Court in its Davis opinion because of its view of the common law and community property 1961, presented an interesting 18th Century treatise on law of real property, The Touchstone of Common Assurances (1785) by William Sheppatd. Law Librarians at other law Class of replace volumes destroyed in the disastrous fire and flood of last year, the librarians of Washington University Law School in St. Louis, Missouri; University of California Law School at Berkeley; and the Chicago Bar Association have made available large sets of the official reports of their respective ■states. In one of the most important of such gifts, the Librarian of New York Law School sent over 2,000 volumes, including much needed sections of the Congressional Record, New York and Legislative Documents, New Jersey statutes. The faculty of the Law School have made some noteworthy contributions. Dean Hyman donated congressional documents and valuable government publications from his own collection, and more recent gifts have been received from Professors Touster, Kochery and Maurice Frey, Esq. Several gifts have been received from students as well. This term the Library received .a set of New York Reports from the personal library of former U.S. Supreme Court Justice, Robert H. Jackson. These came as a gift from George Niebank, Esq., a graduate of this Law School who served as Justice Jackson's law clerk. Justice Jackson had originally practiced law for many years in Western New York and these old volumes have a special sentimental interest here in Buffalo. Donald C. Lubiclc, former instructor of Taxation at U.B. Law School, and presently Tax Legislative Council to the Treasury Dept., also did not see very significant affects on private law. He concurred with all of the speakers by calling on the states to consider wisely the precedents Mr.Lubickreferred tothe Draftsmen of the Tax Code as the "unheroes" because of their herculean task of carrying out the legislative intent, which in most instances is unclear. He felt that in the new revision of the Tax Code "we could look forward to a reduction and correction of the factors which tend to dissung In his brief rebuttal Prof. Sneed said "the nub of the prob- lem is one of Federalism," and called for an alleviation of the problem at the federal level." NOTE: The Law Review will publish Prof. Sneed's lecture in its Winter issue. Convention Report (CONTINUED FROM PAGE 2) long project to revise the ALSA TRIAL MOOT COURT HANDBOOK has been completed and it was discussed in detail by the Association's MOOT COURT COMMITTEE. The process of integrating law students into the organized legal profession is the essence of what has been termed the "student bar movement." Although not licensed practitioners, law students are members of the legal profession, entitled to its benefits, sharing in its broad objectives, and bearing its exacting responsibilities. The vehicles of their participation in this great profession are local student bar organizations, the American Law Student Association, and their individual initiative. Reporting the activities and progress of the American Law Student Association for the 1961-62 academic year is a perplexing task, complicated by the inseparability of its advances from those of the student bar movement generally. The objectives are identical and the activities intertwined. ALSA's role in the student bar movement is that of initiator, instructor, adviser, and servant. Neither can the ALSA's ultimate objective be distinguished from that of American legal education. A greater legal profession created by a more skillful, enlightened and responsible membership is the aim. The student that vast area outside the classvoluntary self-developroom ment of law students and the organizational activities which serve to supplement formal education. Thus, the American Law Student Association is the prime mover in encouraging development by local student bar organizations of such projects as legal aid clinics, moot court competitions and legalresearch programs. These endeavors relate directly to the quality of the educational product. It is this identity of — purposes among legal educators, law students, the organized bar, and ALSA which has insured its wide acceptance and striking growth. Momentary advances must be viewed in historical perspective. ALSA's expansion from 46 to 131 member associations in thirteen years, and its development of a multiplicity of professional services and publications lend graphic support to its claim as the "young giant" of the legal profession. Today ALSA must be regarded as a powerful force and a persuasive voice in achieving (CONTINUED ON PAGE 4) �4 FROM MERGER BENEFIT . microcard edition of U.S. Supreme Court Records and congressional legislative histories, and completing the set of The Congres- sional Record and its predecessor journals. Professor Cohen, the Law Librarian, has indicated that the plans for the new library will include a smoking room, conference rooms where small groups of students may study together, and a larger reference room to make more books readily accessible. In addition, the library hopes to increase its staff by the addition of a full-time librarian to handle new acquisitions. There is no expectation that the U.B. Law School will become "The Law School" of the State. The School is conceived of as a regional center for the State. This fits in with the Law School's traditional role of providing judges and lawyers for Western New York. In the Eighth Judicial District, about 1200, or 55% are graduates of the University of Buffalo School of Law; in Buffalo the percentage of U.B. lawyers increases to 62%. The chief responsibility of the Law School is to provide the best legal-training to its students who become lawyers and judges. The merger is expected to help the School in attaining this objective by increasing the fulltime faculty. At present, there are eleven full-time professors, but it is expected that the size of the faculty will be increased substantially. While a substantial increase in the size of the faculty might indicate a like increase in the size of the student body, this is not likely to take place. The enrollment willincrease some; however, the emphasis will be on quality. Prov id ing more professors v/ill Convention Report... FROM PAGE 3 the aims of the legal profession. Many of the A -asociation's accomplishments during the past year have been months, even years, in teaching fruition. Others represent mere beginnings which will not bloom for some time to come. Progress in a great national organization is not realized merely by adding water and allowing it to stand over night. Instead, it arises from sound and judicious planning and building over a period of time. OPINION continued from page 1 distribute the work load better, allow more subjects to be offered, and give the faculty time to do more research. In emphasizing a strong graduate center, the admission requirements and curriculum will be anniversary of our school, Fra.nk C. Moore, chairman of the Board of Trustees, stressed that "the first goal of of the 75th the Law School should be excellence of education rather than enlargement of enrollment. To achieve the excellence we seek, it would seem imperative that new and more adequate facilities be provided and that the new home of our Law School be located closer to the great educational center of which it is an integral part." There are no definite plans as to when the Law School will be moved to the Main Street Campus. To accomplish any of the desired goals of the Law School, it is necessary to have enlarged facilities. One of the primary needs is additional offices for the faculty. With the Library contents already expanding there is also a need for a larger Library. One canonly look to the changes that will now enable our School to fulfill its goal. It'is largely a result of this merger of two giant institutions that this goal will be realized. Law Review Available Soon Buffalo Law Review's of Appeals Edition will soon be published. It will contain a lead article written by Professor Louis Del Cotto entitled "A Tax Court of Appeals: an Argument and a Study." A transcript of the Civil Liberties Program held at New York University earlier in 1962 also will be published. One of the participants in the discussion was Professor Louis Jaffe, former dean of the University of Buffalo, School of Law. Of course, the major portion of the Fall Edition will be devoted to a study of the cases decided by the Court of Appeals at its last term. Three memorial articles honoring the late Professor Daniel Distler, and three book reviews complete the first edition of this year's Law Review. The Court Monroe Abstract & Title Corporation TAX and TITLE SEARCHES TITLE INSURANCE Pkon«: 93 Franklin Street TL 2-0737 DENNIS & CO.. INC. Publishers and Dealers of Phones - TL 2-2309 TL 2-2310 TL 2-2311 SERVICE TO THE LEGAL PROFESSION ABSTRACT TITLE Division of THE TITLE GUARANTEE COMPANY 110 Franklin Street Buffalo, New York - SYRACUSE ROCHESTER LOCKPORT Prof. Joins Faculty Comments "yellow" journalism. As the jury considers the truthfulness of the testimony by the demeanor of the witnesses, so the public should have the same opportunity through the use of photographs, it is argued. The canon's opponents state that only highly-important, newsworthy trials will be covered through courtroom photography, since the public is unconcerned with ordinary proceedings. A further argument is that it is better for defendants to be pictured establishing their defense than to photograph them in handcuffs being led to the courtroom by police officers as is now the case. Despite the practtaluies of allowing courtroom photography, the Conference thought that the dangers were incapable of complete policing and, thus, the Conference made the controversy over Canon 35 moot, according to Judge Regan. The Conference ruling follows the majority of states in this matter. An exception is Colorado which, with much press coverage, ing individual judges to control such activity in their sole disUnder the directive, Judge Regan said, no photographs will be allowed to be taken in the courtroom before, during or after cated by officers of the court and returned when the owner leaves The last use of courtroom photography in the Buffalo area was occasioned by the opening of the Family Court. There photographers were allowed a few minutes to photograph the court setting. A Buffalo newspaper carried a picture of a Family Court judge presiding over the first case with parties to the action neither named nor identifiable. Judge Regan predicts that unless another rare instance develops, such as the opening of the Family Court, there will be no use of courtroom photography in Buffalo. St. ThomasMoore Guild Announces Program during the school year is the sponsorship of two communion breakfasts where the group is by a prominent member of the community. Two such recent speakers have been New York State Senate Majority Leader WalterMahoney and Supreme Court addressed Justice William B. Lawless. The has also, on occasions, sponsored coffee hours where speakers are introduced to the entire student body of the Law School. In the near future a closed retreat is planned at the Jesuit Retreat House in Clarence, N.Y. This year's officers include: Donald Dodman, chairman; Walter Lie am, vice-chairman; William McMahon, secretary; and William Guild Mullens, treasurer. . . (CONTINUED FROM PAGE 1) (CONTINUED FROM PAGE 1) already self-conscious witness. Witnesses, being photographed, it is said, will be reluctant to testify and will be too self-conscious to respond adequately to the questions of counsel. Opponents of the Canon say that the photographer is out of sight and sound, fulfilling his duty to the public by keeping them aware of important court happenings. Modern cameras are silent and require no flash due to film capabilities, it is alleged. The court can set limits on the number of photographers, their movements and their subject matter, the opponents argue, thus maintaining decorum and hindering court The St. Thomas Moore Guild is an organization of Catholic law students which fosters the spiritual, professional and social interests of the Catholic students of the Law School. Law Books DENNIS BUILDING 251 Main Street Buffalo 3, N.w York Judge Regan PROF. BUERGENTHAL year of private tutoring, after which he entered high school in Germany. In 1951 Prof. Buergenthal came to the United States where he completed his preliminary education and enrolled in Bethany College in West Virginia. At Bethany College he majored in the fields of History and Political Science, and was graduated Book Review DECEMBER, 1962 Summa Cum Laude in 1957. He than continued his education at New York University Law School with the aid of the famous Root-Tilden legal scholarship which is awarded to only two outstanding students in each judicial circuit. While at law school, he completed a translation of the German Penal code into English withProf. Mueller of N.Y.U. This scholarly work has been published in both England and the United States. Upon graduation from N.Y.U., Prof. Buergenthal advanced his study of the law at Harvard where he won his Masters of the Law degree with a 'A.average. Since the completion of his formal education, he has taught at the University of Pennsylvania School of Law. Professor Buergenthal has an avid interest in languages, and is able to converse in four foreign tongues. continued from page 2 These interruptions of plot, the drab background of the town and the legal terminology would nullify reader attention were it not for the realism of the portrayal. Buildings are dark and old, some of them standing since the time of a visit by Daniel Webster. The portrait of Abner's grandfather, who also was a judge, hangs in the courtroom and eloquently tells of small town insularity. Outsiders are few and unwanted. The town revolves around itself. Its interests are local, its. attitudes narrow, its atmosphere close. As Abner's father says: I don't know who it was who said when we think of the past we regret and when we think of the future we fear. And with reason. But no bets are off. There is the present to think of and there always will be. To him, life is this routine and the miracle is that so many people keep up this day-to-day cycle which seems so impossible and which ~ It is this day-to-day round of events that the author presents. For the lawyer 1 aw student or social scientist who wants insight into small town life and legal practice, the book is valuable. Here he will find a slice of life, not the frosting or even the cake, but the bread and butter workings of the law. Lofty idealism confronts the demands of small town politics.The desire to see justicedone faces the knowledge that skill and poise may overwhelm logic and care. The certainty toward which the law aims clashes with the verdict which the jury gives. The struggle is real. Around it the daily life of the town goes on. The author brings the reader face to face with a study of this way of life, as well as with the progress of a trial. Prof. Named Associate Dean Robert Fleming has been known to us as a lecturer of law for the past three years. Recently, he has been appointed the new Associate Dean succeeding Prof. Wade Newhouse. Prof. Fleming has said the following concerning his recent appointment: "the major factor which induced my return to the Buffalo Law School was the great hopes and prospects in view of our joining the State University system. We are the only State University Law School, and as the faculty and student body grow it is necessary to take some of the administrative load from Dean Hyman." In his new position Prof. Fleming handles placement and is an active member of the Moving to Campus Committee. He is "looking forward to the formation of a Student Bar Committee to work with him on placement matters. Prof. Fleming is orginally from Hamburg, New York, Following his high school education, he received a Bachelor of Mechanical Engineering from Minnesota in 1943. Military service followed as a first lieutenant of a 829 crew in the Air Force. Following the War, Mr. Fleming utilized his1 engineering skills as a sales engineer until 1948 when he de- cided on a law career. He attended the University of Buffalo Law School and while a member of the student body, held the positions of student council president and Editor-in-chief of the first issue of the Law Review. Through Mr. Fleming's scholastic efforts, he graduated magna cum laude. After law school Prof. Fleming's career included these accomplishments: position as a research associate at the University of Wisconsin Law School; a teaching fellow to Harvard Law School; and an Associate Professorship at the St. Louis Law School. In 1956 he returned to his first "legal" alma mater as an Associate Professor* From 1959 until 1962, Prof. Fleming has been a lecturer in law and has practiced in the city of Buffalo. The new Associate Dean is married and has six children. His wife, the former Jeanne Cullen, graduated from D'Youville College in 1945. The Fleming family resides in Hamburg, where Prof. Fleming is very interested in Democratic politics and was a candidate for supervisor in 1961. I4W SCHOOL RIES University of Buffalo Seal on one side^nd the scales of justice on the other\ide. /i37.00\539.50 uw itoiiK mm Carrying a Complete Line of Horn Books � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1962-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 3 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1962 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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In 1920, forty-two of every 1000 college students studied law. In 1960, with an increased population, and the demand for lawyers having gone up, only twelve of every 1000 students studied law. (Cont. Page 4, Col. 1) Students Placed Alden Awards Presented article by Mr. Donald Holzman concerning the burden of proof in Accumulated Earnings Tax cases and its development in the Second Circuit Court of Appeals; a discussion by Norton Steuben, Freshman GroupInstructor, pre-; senting a comparative analysisl of Article 17 of the Warsaw Con- vention, which applies ful death actions arising out of international air transportation; and "Workman's Compensation and the Desabllng Neurosis," bj to wrong- Mr. Alexander R. Manson. merce Powers and Emient Domain. The Law Review is proud to announce that the Spring Issue is to be devoted to a symposium on the New Business Corporation Act for New York, which is tobecome effective in April 1963. The symposium will contain an introduction by Mr. Robert S. Is It Too Harsh? flash camera. Until 1956, William SchuMz Two members of this year's graduating class may appear to be somewhat removed from the world around them, and well they may be, for their futures are no longer the question marks that plague so many sixth semester law students. William Schulz and Frank McGarryhave both secured positions that bring honor to the school as well as themselves. Schulz has been selected toreplace David Fielding, '60, as Clerk to the Courtin the Appellate Division, FourthDepartment. The prestigious position will be the more enhanced, as Bill has been permanently assigned to Presiding Justice Alger Williams. Bill, whowill embark on his newcareer (Cont. Page 6, Col. 2) follows: The First and Second Departments, in 1954 and 1938 respectively, have adopted special rules banning the court room photographer. The Third and Fourth Departments have no such ruling. Law Review To Feature Business Corporation Law Symposium In addition to the leadingarticles, there will also be a number of student recent decision notes dealing with such topics as the Constitutionality of Obscenity Statutes; The Exclusive Priority of a Court Order for Support pursuant to Section 49-b of the New York Personal Property Law; Concurrent Jurisdiction underthe Federal Death on the High Seas Act; and Contrast between Government Appropriation of Water Rights under the Com- 35. Editorial prohibitthe photographerfromever entering the court room.Although blindfolded, justice could not help but be affected by the obtrusive Copious research has disclosed that the New York As the staff of the Buffalo Law Review conscientiouslyprepares the material for the Winter and Spring issues, Anthony J. Polito, Editor-in-chief, has announced that the Winterissue will contain the following articles: A discussion of various CanadianAmerican Income Tax problems by Mr. Hilary P. Bradford, a lecturer at the Law School; an APRIL, 1962 Canons of JudicialEthics of the American Bar Association. Adopted September 30, 1937; amended September 15, 1953. The second paragraph is deleted.) Berated and abused, celebrated and championed, the newspaper photographer continues in his role as our daily historian. His indefatigable camera records the news events for public digestion; his patience and awareness often capture apriceless moment forever. Our modest adulation concluded, we concur with the press photographers in their battle against Canon 55i The A.B.A. believed, that because of the abusive conduct of many photographers in their indiscriminate picture-taking in the courseof covering provocative trials, national sanctions were necessary to position on Canon 35 is as William Niese, left, is awarded the Carlos C. Alden Award by John B. Walsh, secretary of the Erie County Bar Association. The Bar Association presents annually a gold key and scroll to the Senior student making the greatest contribution to the Buffalo Law Review during the year. Mr. Niese, class of 1961, was Editor-in-chief of the Law Review. PAGE 2 Proceedings in court should be conducted with fitting dignity and decorum. The taking of photographs in the court room, during sessions of the court or recesses between sessions, and the broadcasting or televising of court proceedings are calculated to detract from the essential dignity of the proceedings, distract the witness in giving his testimony, degrade the court, and create misconceptions with respect thereto in the mind of the public and should not be permitted. (Canon 35 of the Barristers' Ball Set for Apr. 7th An early cocktail partyfollowed by an eight o'clock supper in the main ballroom of the Hotel Buffalo will begin the activities for this year's Barristers' Ball. Students and their escorts, faculty members and their wives (or escorts), and alumni accompanied by their feminine companions, will all dance, (or twist), to the rhythmic music of Jay Moran and his orchestra. At eleven o'clock thirty-six golden trumpets and forty-seven boy sopranos will announce the crowning of the Barristers' Ball Queen of 1962. Mrs. T. Curt Leixner nee* Spraker, the 1961 Queen, will relinquish the diadem to her lucky .successor. (Cont. Page 6, Col. 3) . Book Review "Law and the Modern Mind Lesner, Counsel to the Joint Commission for Revision of the Corporation Laws; a general expository article by Professor Harry G. Henn of Cornell Law School; a discussion of close corporations by Mr. Robert S. Stevens, Dean Emeritusof Cornell Law School; an article dealing' with the management ofcorporations by Professor Samuel Hoffman of Brooklyn Law School; an article on corporate finance by Professor Miguel A. de Capriles of New York University Schoolof Law; and a general criticalanalysis by Dean Elvin R. Latty of the Duke University School of Law. In addition, there will also be student such topics as formation of corporations, foreign corporations, amendments, mergers and dispowers, solutions. all states complied with the decision of the A.8.A., some twenty-one states and the District of Columbia actually adopting the rule. The lone dissenter, Colorado, on February 27, 1956, ruled through its Supreme Court that judges of subordinate courts have authority to decide whether to permit picture coverage of trials over which they preside. This rule stipulated, however, that no witness or juror should be photographed over his objection. Associate Justice O. Otto Moore, who presided at the hearings and recommended the modification said; . .. Canon 55 assumes the fact to be that the use of camera, radio, and television must in every case Interfere with the administration of justice If this assumption of fact is justified, the canon should be continued and enforced. If the assumption is not justified, the canon cannot be sustained. For six days, I listened to evidence and witnessed demonstrations which proved conclusively that the assumption of facts as stated in the canon is wholly without support In reality, (Italics our own.) The ardent followers of the A.B.A.'s judgment, most whom are the bench and bar, believe that the trial will become an Actors' ... Studio recital if pictures are taken; a witness, due to the presence of a photographer, may become conscious of only his own vanity; some editors could use the pictures unwisely;and, generally, picture taking at a trial does not contribute tothe ascertainment of the truth. These points, though they may be pertinent, are refutable. During or throughout the twenty-five years of theCdfion's effectiveness, the camera, like almost everything else, has been a victim of prolific technological advances. It is possible, and this has been proved, to take pictures during a trial without the least disturbance! Fast film, pocket-size cameras and telephoto lenses accountfor this achievement. Thus, the Canon's rationale of exploding flash-bulbs and loud, clicking shutters is practically obliterated. The courts belong to the people,, not to a specialized group such as the A.BjV. The right to a "public trial" is fundamental to our system of jurisprudenceand is.guaranteedbythe Sixth Ammendment. Rather then present a lengthy, soporific and platitudinous constitutional discussion, we firmly believe that our cause is included in a "public trial", and as such contributes to the aim of justice: truth and decency. But must it be necessary for picture taking to contribute towards the trial's ascertainment of truth in order for its presence to be acceptable? Doesn't its function of news dissemination merit its adoption? The trial antics of some court room magicians will continue, camera or nocamera. Butcategoricallytoimplythat all trial lawyers will suddenly be using gallant gestures, make-up and capped teeth motivated by the idea of being "oncamera," is to disparage the legal profession. If the lawyer will pay more attention to his own publicity than to his client's protection during thetrial, it is not the fault of an Inconspicuousphotographer, but that of thebar. Perhapswe are naive, but we fail to conceive of lawyers turning a trial into a side-show simply because of a few pictures may betaken. In fact, with a relaxtion of the Canonic envision an improvement in court room decorum because of the camera's presence. The assumption that a witness will become nervous and apprehensive when he is faced with the thoughtof being photographed is purely conjectural. The advocates of the status quo have exaggerated this argument. The witness will not testifyunder the glare of stage lights, nor will he have a director telling him to face a certain direction. In most cases he wouldn'teven be aware of the photographer's presencel Doesn't italso sound reasonablethatmorecandorwouldemanate from the witness who knows he is beingphotographed?Finally, pursuant to the rule we advocate, (one similar to Colorado's decision), a witness could not be photographed If he objected. The news photograph has the least potential of presenting distortions to the public. It is an honest,objectivereproduction of an event. Consider the "editorializing" of the news column or the court room (Cont. Page 6, Col. 4) �OPINION BOOK REVIEW 2 Letters to OPINION L. DANIELS PHILLIP BROTHMAN SANFORD ROSENBLUM DAVID R. KNOLL LOUIS SIEGEL MICHAEL STERN, JR JOEL EDITOR-IN-CHIEF MANAGING EDITOR LEGAL EDITOR EDITORIAL STAFF PHOTOGRAPHER The Editor - Opinion Editor UB School of Law 77 W. Eagle St. 3uffalo 2. N. Y. must be subletters All scribed. Names will be withheld on request. To the Editor: I would like to speak out against the choice made by the SBA in regards to where this year's Barrister's Ball will be held. 'It appears to me that, in a heyday of confusion andmismanagement, the SBA fell down on the job by abandoning arrangements for what might have been a successful Law School affair. This year's Ball should never have been changed tothe Hotel Buffalo, over the original preference of Prudhomnes in Canada. Perhaps I can receive some support in stating that a third rate hotel is no match to Prudhomnes, and certainly no place for a professional group tohave its important annual affair. I remind those interested that the dollars andcents aspect of this affair will remain the same. However, money that could formerly have been well spent will now be wasted on a poor location. An hours drive, in the latter part of April, even with a Canadiandrinking curfew, would indeed be far superior to the present sad arrangements. The issue of alcohol should not have been given such undeserved preference. Although I had originally looked forward to this year's STAFF: Seymour M. Mandel,George P.I. Markarian, Bill Scott, Ted Kraft, Gerald Lippes,Walter W. Miller, Jr. Caesar J. Naples, Charles W. Beck. Editorial Apologetica Pro Vita Nostra A few days after "the Great Fire,"wewere standing in the office of the Erie County Bar Association approving the Bar Association's donation of free coffee to the poor, deprived law students, when we witnessed the following incident: Apparently a veteran coffee drinker had attempted to get a free cup of coffee but wasdiscouraged inhis effort due to the lack of cups. He then took the opportunity to say that the School cafeteria's supply of coffee cups was lost due to the water damage from the fire. Not meaning to be nosey, but since misery loves company, we remarked that all of our back issues were in a filing cabinet which was unfortunately consumed by the temporary flood in our basement. To us this amounted to an irreplaceable loss. Nevertheless, our veteran coffee drinker said, (with a c'mon let's face it attitude), that the loss of the School's valuable coffee cups was definitely more serious. (He used one of those half-laughs which are about ninety-three percent serious.) We smiled pleasantly as our veteran coffee drinker then turned and left the room, probably in search of some far off levity. We suppose there are some who would concur with our seeker of lost cups, especially under his circumstances. We are not going to castigate these holders of adverse views through name-calling editorials. We are pacifistsatheartandrespecttheopinion of others. But just for the sake of the record we are forced to take offense to the attitude expressed by our coffee sipper. We try to prepare a good newsworthy paper. Weworkveryhardwithoutthehelp of a large staff or adequate funds.If we hadthese two advantages our publications Barristers' Ball, I can now only voice my disappointment, and cancel myparticipation.Perhaps, next year, the SBA will choose more wisely. could be increased. We try to be a credit to the students and to the School. If our material is poor than we deserve honest criticism; but condemn our efforts with such indifference does not'show a very to professional attitude. We have had our say and will try to maintain our tranquil composure, and just to show that we are not angry, we thank our coffee connoisseur for giving us the opportunity to write this small piece. Ronald P. Kaminski Class of '64 To the Editor: Being a studious and conscientious law student, I find that lam 'A Name, is a Name, is an Initial' . forced to use the facilities of the Law School library on many occasions. I remove my smart Page fifty-four of the Law Review's recent edition discloses an interesting item. Out of twenty-seven students whose names appear on the page, only three have no middle initial! Examing the names with their bold .capital letters protruding between Christian and surname, we feel content But when we see the deprived student who must continue along life's path sans this blessing, we are filled with looking blue case books from my old leather briefcase, take my Scripto from my pocket, and just as I am about to indulge in the beauty and majesty of the Law, I am suddenly disturbed in my reverie by the constant droning of conversation which seems to fester in the library. Since I must check my Mauser at the office each day, it is impossible to put a stop to all of mis enlightening chatter. I have considered hand-grenades, but the effect is usually quite messy. I have entertained the idea of police dogs who would be trained to kill at the slightest sound or of importing a fewAWOLs from theFrench Foreign Legion. In fact, I have forwarded a letter to the Bengal Lancers and I am expecting an answer shortly. Butuntil somedevious scheme can be consummated, the situation remains in a precarious state. It is literally impossible to concentrate on the subtlenuances of a case's ratio decidendi while empathy for him. The easiest solution would be merely to adopt an initial. This procedure, however, is mediocre. The student could, if he were daring, place the adopted initial before his first name or if he were feeling audacious, use two initials instead of a first name and a middle initial. Or if he is sick of conformity and longs for creativity, the student could use a number instead of a name. This would solve all his problems. As we await the solution to thisplight of Western Man, we wish to congratulate the Editor-in-Chief and the staff of the Law Review for their work in presenting a very fine edition. The Play's the Thing Filled with civic pride, due to our inveterate humming of the "Boost Buffalo" jingle, we decided to visit the new A-bright-Knox Art Gallery. After wiping our feet an additional three times on a large mat, we opened one of the glass doors, maneuvered a few quick steps and were met by a large, colorful Matisse. We continued our journey through the warm, well-lighted corridors of the Gallery, pausing reverently before each canvas and occasionally stopping to admire the new building itself. At the close of an enjoyable afternoon we left the Gallery, (not humming the "Boost Buffalo" jingle) feeling very proud that Buffalo is now located on the "Art Map" of America. While driving home that cold, dull afternoon and remembering that we had tickets for an amateur play that same evening, our thoughts turned once again to the idea of a Theater. The movement for a theater and the scarcity of decent local drama has always been appropriate discussion material over a cup of coffee or following a disgusting Saturday night at the movies. But recently we have noticed a new, more positive attitude towards the possibility of aCivic Tbeater.Perhaps Its only our Imagination, but more people appear to De very interested in theater; more local shows are consistently sold out; the amount and quality of local productions have risen and the future looks even more promising. Without the help of an aroused public this idea can never be consummated. It is imperitive for a dedicated few to initiate the drive and to show the city patricians that a local theater must be built in the City of Buffalo. We appeal to the civic minded citizens who now take so much pridein theirnew Art Gallery; we appeal to the Mayor of Buffalo and we appeal to, (and encourage,) the local theater tivic groups. Reflecting on the situation, we are beginning to feel more confident each day, especially after we over.-hearda comment by a rather pretentious female theater aficiondada as she was lauding the performance of a local actress: "Well, theater's going great guns in this town!" What more can we say. your fellow students are engaged in idle comment. Since we are prisoners for eight hours a day, I wish something could be done to remedy this library's situation. If the status quo is to prosper, I suggest we notify Hollywood and inform them that if they need sound recording for mob scenes in their spectaculars, we have ' die answer J Robert Greenwood Class of '63 While the first federal income tax law in the,U. S. goes back to 1913, such laws aren't new. Egyptian scrolls indicate that taxes were collected in 900 B.C. for public works. *pR'L. 1962 by Waller W. Miller, Jr. f.ditor's Note: Since its first appearance in 1930, this book has been reprinted five times. Tbe ideas in it compel tbe attenproblem it describes is as pressof lawyer and student, for the ing now as it was then. Law and the Modern Mind by Jerome Frank The late Judge Frank was less concerned in this book with a discussion of the law itself than he was with the "myth of the law," the attitude that the public at large and even lawyers and judges have toward the law. The law is certain, fixed, unchanging in their view. Professor Beale of Harvard exemplified this view for Frank in his insistence that no particular decision or judgementof a court can be regarded as law itself. For Beale "Law" is uniform, general, continuous, equal,certainandpure.Frankattributedthis view to a yearning for certainty, to a failure on the parts of adults to outgrow the feeling of securityfeltduringchildhood.Achild'sfatherrepresentsknowledge and authority, but eventually the child discoversthat his father is not always right. Then, Frank said, the child, and later the man, unconsciously looks for a substitute for the early firmness and sureness he found in the parent. He looks to the "Law" to fill this emotional gapand builds a myth of the law to fit his need. The way in which the myth expresses itself, thereality which it hides and the dangers which it creastes are described in Part I, For example, the myth maintains that law is a complete and fixed preexisting body of rules. Lawyers dig into precedents to find the law and urge it upon the Court. Judges discover law and apply it with the certainty of a formula. Thus, the careful lawyerwill find the correct princple of law and the judge will recognize it.Frank maintains,however, that in reality, the judge is not a logic machine nor is the most industrious lawyer always certain to "find" the law and be able to predict the answer. Judges are people and judges with different personalitiesmightwell reason indifferentways and come to different conclusions. There is no mechanistic law: law is not law until the Court, (usually the highest one) says what it is. As best, Frank said, the judge is an arbitrator trying to choose the best course to follow in a given situation. The dangers of this clash become apparent. Tne lawyeractually knows that thereis nocertaintyas claimed, that everything depends on the choice madebyaparticulardecision.Theclient, however, expects predictability. If the lawyer predicts success and loses, the client feels that either the lawyer did not work hard enough to find the law or else the judge did not apply thecorrect principle which the lawyer found. TTie lawyer must hold out to the client the illusion of legal certainty: there is an answer and he will find it, because this is what the client expects. He must also keep one eye on the bench, trying to bring the case before a particular judge known to be favorable to his position, and realizing at all times that no matter howcarefulhis research or marshalling of precedents his answer is not a certainty until the Court says so,and remains a certainty unless the Court later overrules itself. Turning from the lawyer's problem to that of the judge, the myth judge is supposed to approach the problem by looking at both sides and then, accepting the one viewas the correct one over the other, by deciding accordingly. He couches his opinion in terms of rules and precedents and in so doing projects an image of a man to whom cold logic dictates certainprincipleswhichhe must apply to the case in hand. This compuslion makes thecase binding and immune to reversal. In reality, the judge is aware that the precedents irjay dictate no clear course and that in the end he may have to employ his discretion to reach a decision. As one judge says, after considering all the material thathas come out in the trial, he gives his imagination play, "and brooding over the cause, waits for the feeling, the hunch that intuitive flash of understanding that makes the jumpspark connection between question and decision." First the hunch, then the decision, then the authorities, the precedents to support the decision. But, the myth never permits a hint of this from the bench. In the same way, when new circumstances demand that a previous decision be overruled, the judge avoids admitting that the bench is changing its mind. This fosters the myth. Discretion as well as certainty, hunches aswellas logic, personality as well as- precedent all play a crucial if not clearly definable role in the practice of law but few people realize it and fewer still admit it. This results in confusing and deluding the public. It also creates split personalities on the part of thoughtful lawyers and judges. It may lead to mistrust of the law, to a grave loss of its says that the - - prestige. In Part 11, Frank gives us the outlook of some leaders of the law: Pound who hoped for a system of fixed rules for the business world and greater flexibility and discretion in the field of human conduct; Cardozo who recognized uncertainty in the law and wanted to pass his knowledge on to thepublic while he continued to yearn for illusory certainty; Jhering who hoped for a kingdom of justice on earth based on fixed rules; Demogue and Wurzel who contended that it was necessary to delude the public. Through this Part and Part 111, where he discussed Holmes' ideas, Frank stressed theidea of law as a growing, developing, changing standard and guide for a changing world. With Holmes, he recognized thattherole oflawmaking is the responsibility of the legislative branch but recognized judiciallaw-makingas a real if "largely unconscious" process. Holmes said that since the courts do and must make law, it seems to me desirable that the work should be done with express recognition of its nature. The timehas gone by when law is only an unconscious embodiment of the common will. It has become a consciousreaction upon itself of organized society knowingly seeking to determine its destiny. With great skill in the use of words and illustrations, with clarity and careful organization, Jerome Frank presented a pleafor a courageous, skeptical appraisal of the lawand our understanding of it, as Holmes and others questioned and then developed newconcepts of the reality of law. Concerned less with formulating a precise definition than with clearing away the mists of myth,Frank asks only for underuncertainty ln law, a moving toward the molding of new, realistic ideas of law for the modernmind. Where he stays with his theme, the message he presents is powerfulandeffective. Wherehe wanders into child-psychplogy, the nature of the universe, the mysteries of man's (Cont. Page 6, Col. 4) �APRIL, 1962 OPINION 3 CHOMPS STUMP: PLUMP DUMP!!! The Ballad of Palsgraf v. Long Island R.R.Co. Palsgraf was a victim of a fortuitous circumstance. Long Island Railroad platform she was suddenly struck by a falling weigh-scole which had toppled over due to a freak explosion. The cause of the explosion: A hidden bomb was inadvertantly dropped by one of two men as they were being hurried on to a train by a persistent conductor. This occurrence produced one of the most illustrious cases in negligence law. Judge Cardozo, writing for the majority, discussed the duty owed by the railroad to Mrs. Palsgraf; while Judge Andrews, dissenting, agreed with the hapless plaintiff under the doctrine of proxi- Editor's Note: Mrs. While standing on a mate cause. in Caesar J. Naples, a junior, has immortalized poor Mrs. Palsgraf the following poem: 'Twas in New York, in '26, the day was bright and fair; No one foresaw the drama anon to unfold there That caused tbe legal theorists to extirpate their hair. The Long IslandRailroad train was pulling out that day. Its old smokestack was puffing steam as it got underway. "Here's just another run," they said, "There's nothing new today." When suddenly a shout rang out which curled a porter's hair; Two men were running for the train, abandoning all care; They ran, they leapt, they caught the train, but almost missed a stair. As one man slipped, a railroad guard who stood within the station Ran to bis aid (he'd heard about his legal obligation To exercise tbe highest care for passengers' protection). Tbe guardreached out to help the man whose box, alas, was hurled Beneath tbe tracks •• a blinding flash •• up, up the black smoke curled; 'Twas reminiscent of tbe shot that echoed "round the world. A few yards off a woman stood, oblivious to all; She weighed herself upon the scales that stood against the wall. She did not hear the deafning blast resounding through the hall. Our two gay-blades gently escort our lovely Miss to the annual Barristers' Ball. (The road was rocky, but how could we beat such a good deal) ??? Editor's Note: We The SBA: wish to thank our visual-aides staff for this We wish to voice our belated dissent to the manner in which Barristers' Ball feud was finally resolved. We witnessed the adoption of an unprecedented procedure giving the students the opportunity to speak and to vote on the PrudNever since homme's idea. ancient Athens has there been democracy,never since suchpure the Ides of March has there been The American Law Students such adestructful conspiracy. Association, now in its 13th year The standard-bearers of the of continuousgrowthanddeveloployal opposition completely disment, is indebted to theAmerican regarded the SBA. After they Bar Association for its pioneer confused and distorted theissues efforts which gave impetus to the they leda barnstormingcampaign fundamental student desire for a to add to the ranks of their national union of student bar organization. They were conassociations. vinced of the justice of their Through the ensuing years the position, and when the SBA proABA and ALSA have worked vided time at one of their meetclosely together toward improvings to hear the opposing arguing the professional preparation ments, they didn't bother to of the law student. Their joint attend, but waited untilafterwards efforts have been keyed to introto criticize and to start their duce students to professional bandwagon. problems and responsibilities The students of theLaw School that must be faced upon admission elect members oftheir classes to to the bar; to acquaint students participate inthe SBA. This orgawith the nature and activities of nization plans all the social actibar associations; to promote the Everything is School. vities of the idea of professional responsibilaccomplished in an orderly ity; and to provide a medium of fashion through the appointment educational exchange and mutual problem solving among the law of various committees. Concerning the Barrister's Ball, a great students of the nation. deal of planning went into the As an example of the continubechoice of Prudhomme's ing service offered, I should like cause of all the possible ramifito cite the effortsof theALSAand cations the SBA decided to hear ABA in the field of placement. all the complaints. Adequate noSince its inception placementand tice was posted, but thepro-andjob opportunities have been of con session went unheeded. The prime concern to the ALSA. As result was a ridiculous "open an example I would refer the meeting" which did nothing but reader to such articles as, "An prejudice the entire controversy Introduction to the Work and and which was a direct slap in Jurisdiction of the Federal Bureau the face to the SBA. of Investigation," and "Career Whether Prudbomme's would Opportunities in the Field of or would not have been a success Legal Education" appearing in is of no import; it is a matter of "The Student Lawyer," the journal of the ALSA. In addition, the principle. Do the students wish to conduct disputes in an orderly ALSAhas available multiple pamdo SBA, or phlets examing in some detail manner through the they wish to retain a veto power necessaryaspects and consideraand by the caprice of a few tions of the many career oppor"interested parties" enforce tunities awaiting the law school their veto by mob type action? graduate; "Business Aspects of The Legal Profession," and The SBA is not a dictatorial board. It ispurely representative "Practical Answers on the First and it always tries to advocate Years of Law Practice" to cite thebest interests ofthe students. two. of the To provide continuity for the future if the action the In the editorial statement. Gelding The Lily???? SBA mustbe subjected to this type of treatment, this student organization ought to dissolve and let "da masses" triumph. Up to Date with ALSA and the ABAby Charles W. Beck information program of the ALSA the ABA has initiated a Lawyer Placement Information Service to assist Association members seeking employmentin lawfirms, business or government. This service, initiated January 2, 1962, is based on a cooperative pilotproject conducted by the Junior Bar Conference, of the ABA and the American Law Students Association. The facultyand administration as well as the members of the. Student Bar Association of the University of Buffalo School of Law are fully cognizant of the benefits to be derived from joint ventures between the institution of learning and the organization of local practitioners. For this reason students of theLaw School now find available educational experience providing insight to the conduct of the legal profession. Starting early in November of 1961 the University of Buffalo School of Law and Erie County Bar Association provided a six week session on "Labor Relations Law for the GeneralPractitioner" in which the law school were invited to students participate. Also in November of 1961 the New York State Association of Trial Lawyers conducted a trial demonstration based on a close medical question to which they extended their invitation to attend to the students of the University of Buffalo School of Law. On February 27th the members of the student bar invited to attend a demonstration of examination and cross examination of medical witnesses presented through the joint efforts of the Erie County Bar Association and the Erie County Medical Asso- The smoke filled all tbe station and tbe flames flashed hot andred. Poor Mrs. Palsgraf rued that day when she got out of bed* The railroad scales were shaken loose, and fell upon her bead. "Tbis case will come to court!" she warned defendant railroad line. "The mills of Justice grind so slow, but grind exceeding fine. For I'll be redressed for my pain and justice will be mine!" Cardozo, C /. told her that an action would not lie For negligence which, she alleged, lie brooding in the sky: The railroad owed no duty to this casual passer-by. But Andrews, J* (dissenting) discussed tbe casualchain: This harm could not have happened, nor could occur again Without the wrongful acts performed upon tbe railroad train. Tbe moral of tbis story, and it stands here good or ill Is: In suing for your injuries, you won't collect one mill If a Chief Judge informs you that you're unforeseeable. Library Expansion Plans Move Rapidly The students and facultyof tlie Law School have been aware of a great deal of activity inthe library since the beginning of the Fall term. The more obvious forms of activity have included a constant rearranging of books, the extension of the library resources to the second floor and the increased rate at which books are being acquired. All this activity is occasioned by an ambitious program of library expansion put into motion by Ted Kraft by the Law School administrattion under the direction of the new librarian. Associate Professor Morris L. C^ohen. Questioned about the ends Envisioned, Assoc. Prof. Cohen described his two major goals: The first is the expansion of the library's physical :_s capacity and resources equipment, the scope and quality of its collections, and its personnel and services. The second and ultimate goal is to increase - (Cont. Page 4, Col. 2) ciation. It should also be noted that (Cont. Page 6, Col. 4) Associate Professor Morris L. Cohen �___L__l___ OPINION 4 Law Study Encouraged Library Expansion Plans (Starts Page 3, Col. 4) (Starts Page 1, Col. 1) The American Bar Association has suggested ways toremedy this decline in enrollment, in order to prevent a future shortage of lawyers. Generally, prelegal counseling is poor and inadequate. In many schools, if they have any such program, it is handled by people who knowlittle or nothing about legal education, or how to prepare for it. A trained stjff of experts in this field is the ABA solution; men and women who could give sound advice to prospective law stu- By to nothing. These are the crucial problems facing the nation's law schools, and our own school is no exception. Dean Jacob Hyman is now engaged in a series of visits to the colleges and universitiesin ourarea, for recruitingpurposes. He has been to Canisius College, and will soon go to the University of Buffalo campus and to Saint Bonaventure. The practice is to take along a U.B. Law School graduate who has also attended the school being visited. In this manner, it is hoped that more students will be able to get first hand, accurate information concerning our Law School, opportunities for graduates, and any reccommended pre-law study. The May first "Law Day" open house held at the Law School last year for the first time is scheduled for the same timeagain this year. This programisaimed at getting anyone interested in law into the building for a day. They see classes inaction, speak with the faculty members, and are taken on a tour of the building. The program is under the direction of Professor Wade Newhouse. It is, also hoped that the eventual move to campus will draw more students to the Law School. Students in the many undergraduate divisions will then be in closer proximity to the Law School, and the school in turn will be able to take a moreactive roll in Universityactivities.This move is expected in three or four The tuition here is expected to drop for the fall semester of 1962. The exact amount is not yet known, since this figure is determined by the Board ofTrustees of the State University of New York. In addition to the New York State Scholar Incentive Award program now in effect, and avail- able to all college students, we have at the Law School the "Annaul Participating Fund for Legal Education," which is composed of donations from both alumni and non-alumni of the School. The fund provideda scholarshipforan entering freshman each year. When the state takes over, it may provide two such scholarships, because of the cut ln tuition. If these recruiting plans are successful, we should be seeing larger and larger freshman classes in future years. "If at first you don't succeed, that makes you about average." of the attorney: MARKARIAN How can it be Improved? The picture can be improved by educating younger attorneys to give wise and deliberated counsel. Be honest with your client. The one case but the client may return for future cases after he has gone to another attorney and has lost the case and realizes the merits of the first honest attorney. attorney might lose the retainer for that New statute section put to use areas and alcoves (as was done for tax materials at the west end the number of available reader hours, and to helpthe researcher achieve a more effective yield per hour invested. During the Fall term, owing to the increased rate of book acquisition, eighty-six new book stacks were installed. These increased the library's housing capacity by about twenty percent, but the slack was quickly taken up as the library staff set about housing hundreds of newly acquired volumes, including the annotated statutes from lowa, Minnesota, Oklahoma, and Wisconsin. These life-time compilations reduced to ten the number of states not yet represented in the collection of current annotated codes. Assoc. Prof. Cohen is currently negotiating for gifts or exchanges from law librarians in two other states. The cost of the four codes mentioned came to abouttwentypercent oflast year's entire budgetary allocation for books and periodicals, and it is clear that the collection will be completed before the library's next fiscal year. Expansion of the library's general collection will progress as budgetary and space problems are solved. Assoc. Prof. Cohen estimates that with an increased availability of funds and the removal of the Law School toa new major law center on campus, the first stage of the expansions should be culminated in approximately seven years. This stage includes acquisition of a full working collection of AngloAmerican primary legal materials, a complete library of all significant legal periodicals, an augmented treatise collection, a broad selection of comparative legal materials and secondary sources, and a supplementary library of relatedresearch sources in history, politicalscience, psyand chology, allied social sciences. Realization of thisgoal will double the presentcollection of some 32,000 volumes. Itscost, in addition to the usual operating budget, will run well into six figures. years. The public Image GEORGE M. Carlton A. Fisher, Justice of the Supreme Court of New York The image of the lawyer can always find room for improvement. The public has a distorted picture of what the attorney is. For the most part it has been created by the fact that the attorney gives unsound advice to clients, in his eagerness to retain them. The disgruntled client can do more harmthanadozen good clients. The good client usually keeps the merits of an attorney a secret, whereas the disgruntled client makes his feelings well known. uate courses, opportunities after graduation from law school, etc. This would be the first step in the There is also a verypressing need for increased financial help in legal education. Therearenow about 40,000 law students in approved law schools around the country. In 1960, a little over $2,000,000 was available to these students forscholarshipaid.Nine schools controlled more than one half of this amount. This means that $1,000,000 was left for the remaining 130 schools; and eighty of theseremainingschools had funds ranging from $10,000 SEYMOUR M. MANDEL Query: dents on preparatory undergrad- right direction. Court of Opinion Concurrent with the physical expansion will be an increase in the professional staff and library services. In addition to Betty Nevling, the popular Circulation and Acquisitions Assistant.a professional cataloguer has become a member of the staff. He is Joseph. Pascucci, a graduate of the Law School and a former staff writer and indexer with the Lawyer's Cooperative Publishing Co. Mr. Pascucci will develope an up-to-date and effective catalogue for the entire collection; the library's first major biblio- graphic improvement. Within two or three years,, the librarian hopes to engageandtherfull-time clerical assistant and a profes- sional reference librarian. When theannotated statutes of all the states have beencollected, the next goal will be to obtain complete sets of the administra- tive reports and decisions of all federal agencies. At present, only five such agencies are represented. Pursuant to the policy of creating specialized reading ofthereading room), these federal administrative materials will be housed in a new alcove to be constructed in the reading room. At present, such reading areas are being set up for the state statutes and federal legislative materials at the east end of the reading room. Federal and United States Reports are gathered in room 207, and New York Reports in room 217. A major gift from the Baker Voorhis Co. consisting of mostof the lawyer's sets published by it and Lawyers Co-op will also be housed in , room 217. Major augmentation is projected for the library's collection of looseleaf services, legislative documents, periodicals, trials, legal histories andbiography, and comparative and international law. This expansion will include previously uncollected areas such as bar association proceedings, judicial conference and council reports, congressional reports and hearings, foreign law, public utilities reports, and state session laws. Prior to the flooding of the School basement, a result of the Hodick and Taylor fire, thelibrary possessed a substantial collection of the official reports of approximately 30 states up to the time of the initiation of the National Reporter System (1880). Although approximately 1,000 volumes were lost from this invaluable collection, the remainder will form the basis for a projected collection of all the official state reports. Sincethere will be no housing available for the completed collection untilthe new law center is built, the collection will be compiled slowly and carefully in response to market offerings. The cost of the collection may exceed $30,000. Gifts from alumni and friends of the Law School and the library are especially helpful in filling perminent gaps in the collection and in developing special sets that cannot be purchased out of the regular budget. An example of this is the current purchase of the Opinions of the U.S. Attorney General, a 40 volume set of legal interpretation ofhistoricalandcontemporary Importance, made possible by the JaffeFund. TTie librarian points outthat such donations, as well as gifts of books and periodicals, are deductable tax items. Private donations are especially sought in order to acquire majoritems like the micro-pring edition of the records and briefs of the Supreme Court of the United States, not currently available in Buffalo. Through donations, gifts, and a few purchases, the libraryhas developed the beginning of an impressive Treasure Collection of early English and American law books. These rare books not only make possible serious historical research into the origins of our legal system, but also add an inspirational and cultural dimension to the library and the curriculum. Those students who (Cont. Page 7, Col. 3) Joseph Laufer, Professor of Law, Law School, University of Buffalo The public image of the attorney is often created by the attorney who receives poor publicity in newspapers. The majority of attorneys who act ethically do not receive any comment whatever—they are taken for granted. By and large, the attorney's image is not too favorable. Part of the cause of this adverse image is dueto a lack of sufficient policing by the bar associations. Partly it is dueto our own society. Criticism of the Bar, in other words, is often criticism of our own society. The backwardness of our law is another reason. Changes in the law are desperately needed in certain areas which would help the attorney out of almost impossible situations. To mention just one: Our divorce laws and the grave abuses involved in so-called divorce mills. Perhaps in an energetic self-policing of the Bar and more determined action toreform the law would improve the public standing of the legal profession faster than television and newspaper publicity extolling its values. Louis A. Del Cotto, Associate Professor <f Law, Law School, University of Buffalo The public image of the lawyer consists of many faces. The one upon the viewer. The disgruntled litigant often sees incompetence. The businessman, accustomed to paying for "preventitive" law, sees a talented and productive citizen, promoting commercialneeds while preserving the legitimatedemandsofcommunity and government. A more blurred face is conveyed through the media of communication and entertainment. This bluris caused by the fusing of a number of popular notions regarding therole of an attorney, some fact and some fancy. He isthe defender of the poor and unpopular, the tool of the rich, the courtroom magician, the shrewd manipulator. All in all, the overall image can stand substantial improvement. The primary responsibility for this improvement lies with the profession. It must keep its house in order; it must make clear to the public the legitimate and real role of the attorney. seen depends Alfred B. Silverman, Deputy Attorney General: The public image of the attorney is a poor one. In years past the public regarded the attorney as a professional man of high standard, whose opinion washighlyregardedandrespected. He now has become, in the opinion of many, a necessary evil. As a result his economic status has not kept pace with that of the other professions. The public has been sold a bad bill of goods, publicity wise. The attorney has no merchandise to sell that the public can see and feel. He can only give them the benefit of his years of experience. In the majority of cases clients do not feel they are being charged properly, no matter what the charges or how invaluable the services. The answer to the problem is a difficult one. Schools of medicine and dentistry limit the number of students permitted to enter the profession. The legal profession should do so also and require higher standards for its entrants. Many students fall back on the legal profession since they can gain entrance to law school more easily than into other professional schools. The bar associations shoulddo more to create a better image of the profession, and in raising the perspective of the attorney, his need and standing in the community. Myron M. Slegel, Attorney-at-1 aw: There is a public image of the attorney that needs improvement. It can be Improved by the individual attorney; his individualaction with the public, other attorneys and his outside associations. The attorney's everyday demeanor in association with the layman is vital. He must treat each Individual client with respect and courtesy. He should show a definite interest in individual problems by serving his client promptly and by charging an adequate and fair amount for the time expended. The bar associations should educate the public via television, radio, and newspapers. It should instruct and inform the public with the attorney's function and the services he performs for which hs is paid. Paul J. Brlnson, Attorney-at-law: The legal profession is held in generally high regard. It is not as highly regarded as the professions of medicine, science, astronautics and higher education. Part of the reason for this lies in the fact that the legal profession involves the resolution of conflicts between individuals and in every case someone must lose in part and the loser may to some degree attribute his loss to the lack of ability and responsibility of his attorney. You must expect therefore that the profession will be criticized by many. Therefore it behooves us to do our very best in all cases and educate the client in the early stages of his relationship with us to the fact we may not be able to obtain all that he may wish. I have noted that very often attorneys ln jest denigrate their own profession. My opinion is that this should not be done unless the humor is of the most excellent of quality because what is saidin jest mayofter be taken in earnest. If attorneys feel that their public image is not what it should be, they should remember that the primary source of the public is their own conduct. The Opinion thanks these gentlemen for their frank comments. �APRIL, 19(2 OPINION WE HAVE 5 THE EVIDEHCE _#ft_M_4f _____tj____£4_i_m___ / uome and getem! # VIJM_4I Yes • • we're OP»> J*B* 'round at McDonald's from 11:00 A M to U:00 p M weekdaygj and until 1:00A.M. on Fridays and Saturdays. You'll enjoy the comfort and convenienceof our glass enclosed heated serving area in any kind of weather. Come to McDonald's today... see just good a 15c Hamburger can be. MrIMNAI AMA7INR MFNII muuuiwu11'^ a mmhunu mtnu Pure Beef Hamburger 15* Tempting Cheeseburger 19* Triple-Thick Shakes 20* Golden French Fries 10* Thirst-Quenching Coke 10* _ _ 10* Delightful Root Beer Steaming Hot Coffee _. . „ _, Full-Flavor Orange Drink Refreshing Cold Milk .-■ fl p/easure overy 10* 10* lrv j 12* .*• drtv-ln with th. faml/y can affordI McDonald's Hamburgers are made of 100% pure beef, government inspected and ground fresh daily. They're served piping hot and delicious on a toasted bun. And remember, at McDonald's you get fast, cheerful, courteous service... plenty 5,. ' ■ just of parking no car' hops... no tipping the tastiest food in town at extra thrifty prices. ' ... .rcA,..^. . ...r. _/^\ McDoMWi_3™__f|__L FALLS BLVD. 1385 1/2NIAGARA North of Sheridan at Maple Road Mile OPERATED BY Jerry Brownrout Corp. �Law Review Elects Editor On March 13, members ofthe Law Review elected the Board of Editors for the 1962-63 school year. Roger Barth is the new Editor-in-chief. In addition to having general supervisory duties, he will obtain writers for leading articles in each issue. Students Placed (Starts Page 1, Col. 3) in August of this year, is a graduate of the University of Buffalo, and has spent two years as a Public Administration Intern for the State of New York. In Law School, Mr. Schulz served as the Managing Editor of the Law R Managing Editor Donald Simet will have responsibility for the fall Court of Appeals issue. recent decisions from graduate of Cornell's School of Industrial and Labor Relations, and at Law School served as a members of the Law Review. There are two kinds of pr.rty-goers, One wants to leave early, one wants to stay late. Trouble is, they're usually married to each other. "This is the month when church finance committees wish they had all the money the internal revenue people are told was donated."— GUILTY! AS CHARGED for selling FINER && ... <W/\ [\irV W' T CLDTHING & FURNISHINGS FDR MAIN STREET I (/kjj) )f^u SUITS & SPORT COATS ELLICOTT National Council onLegal has announced the first of grants to law schools series for the support of experimental projects in education of law students for professional responsibility. The Council, established to administer a Ford Foundation grant, has as its purpose, the development of a number of successful! innovations in methods and materials for educating law students as to their professional The University of Buffalo Law various courts other than the of Appeals. Joseph DeMarie has been appointed Business Manager. Prior to theelection, other candidates were chosen as members of theReview. They are: David Knoll, Miles Lance, Timothy Leixner, Francis McGarry and Louis Siegel. 3D5 The Clinics School will be a participant in an Frank McGarry Frank McGarry has beenasked to join the Justice Department in their Honors Program. Mr. McGarry is the first to go into the Justice Department fromthis school in recent years. The new position will take Frank to Washington, where he will beassigned to the Criminal Division and where he hopes to work against Labor Racketeering. Frank is a Court I Clinical Program Adopted responsbilities. Eugene Smolka is Editor for the symposium issue which is devoted to one area of lar ofcurrent interest. Robert Stein is Book Review Editor for all issues. Roger Olson will direct the winter issue containing several extensive articles by staff mem- bers on APRIL, 1962 OPINION 6 GENTLEMEN 76 NIAGARA STREET SQUARE BLDB. COMPLIMENTS OF BUFFALO HOCKEY CLUB experimental project under the direction of Prof. Joseph Laufer. The project contemplates that during two afternoons weekly the participating students will pursue a variety of activities and gain differing experiences in legal agencies. Among the agencies which have been receptive to the program and have assured their support for it are the Criminal Law Committee ofthe Erie County Bar Association, the Children's Court, the Erie County District Attorney's office, The Buffalo Legal Aid Bureau and theCorpo- ration Counsel's Office. Each student who participates in the program will be able to choose the agency he desires to work for and through the opportunity of first hand observation, the project will tend to lessen the gap now existing between classroom instruction andthe demands made on an attorney in actual practice. It isexpected that the program will make the students aware of the crucial importance, forthemselves and for the bar, of the various "public" aspects of the legal profession that cannot be adequatelytaughtin the traditional classroom manner. Barristers' Ball (Starts Page 1, Col. aside, this year's Ball promises to be one of the best. Please try to attend. My Neighbors Buffalo Law Review SPRING ISSUE "All right, be mad then!" SYMPOSIUM ON NEW YORK BUSINESS CORPORATION ACT PRICE. (2-00 per issue TL3 0051 - (Starts Page 1, Col. 4), artist, where the possibility of giving a slanted point of view is always present. We believe the distinction is painfully obvious. Don't you think that it would best serve the interested of justice to have defendant's picture taken as he appeared before the eyes of the jury rather than to have the public image of the trial result from reproduction of the militant conduct so popular in court building corridors 7 We whole-heartedly believe that the Colorado court's decision is the best solution to this problem. The presidingjudge, in his discretion may still ban photographers from the court. Furthermore, the National Press Photographer's Association specifically respects the right of the court at all times to supervise its proceedings, and that any participant, be he reporter, artist, or photographer, is subject to punishment by the court when this privilege is abused. We specifically call upon the state ofNew York to reconsider this problem. A legislative committee should conduct hearings on this subject, and make recommendations to the lawmakers for a statewide alteration of Canon 35. If the legislature finds itself overburdened with its present agenda, we call upon the state judiciary to propose the modification of the Canon, A succinct explanation of our proposals follows: 1.) News photographers be permitted to take pictures during court room trials. 2.) The presiding judge, in his discretion, may bar all photographers from the court room if he believes the nature of the litigation warrants such a bar. 3.) No witness or juror is to be photographed over his objection. 4.) This ruling does not extend to television or motion pictures, but is confined to the unobtrusive taking of still photographs. In conclusion, we submit a statement takenfromanaddress given by former United StatesAttorneyGeneral, Herbert Brownell,who also proposes the Canon's alteration: As a practical matter, only those trials with a high news value would be covered. If public interest runs too high causing some photographers to become overzealous, the court's discretion could have them removed, just as the court could remove anyone who creates a disturbance. Within such limits, it probably would develop that camera coverage of trials was not such a momentous issue as both sides have made it up to now. Book Review (Starts Page 2, Col. 4) longing for certainty, he deflects his reader's attention from the force of And the ABA (Starts Page 3, Col. 2) with the publication of the October 1961 issue of "The Opinion" its circulation was expanded to in- clude all members of the Erie County Bar Association. In -addition to the benefits already extended to the student there has been consideration of a program which will provide the law student with some insight into the activities of the Erie County Bar Association, and to acquaint the law student with the areas of concern and programs of the organized Bar. Further, Mr. Joseph Laufer of the Law School faculty has been working closely with members of the Erie County Bar Association in development of a program to provide the law student an introduction to practice well in advance of his approach to the bar. Here, it is hoped, is a partial answer to the students' desire for the realities of practice, and, the Bar's desire for a graduate who is better prepared and equipped to assume the obligations of practice. The attainments possible through close cooperative efforts are amply demonstrated by the example of the ABA and ALSA, and now, the cooperative efforts of the University of Buffalo School of Law and the Erie County Bar Association are establishing a local implementation tobe envied by every similarly situated locality. "A bargain is something can't use at a price you can't resist." you his main presentation. Although it appeared over thirty years ago, thisbook is as timely as ever in the light of the recent Supreme Court opinions expressly overruling earlier holdings. The publicity given to these decisions will illuminate understanding of the law as it is. Now is the time for studies on thelimits and guides of judicial discretion. As they appear, this excellent study by Jerome Frank, with its thorough reference notes, numerous appendices and careful indexing will continue to be necessary to an understanding of the scope of the problem. Up to Date with ALSA 2) The co-chairmen, Philip Burke and Peter Fiorella, have disclosed that Atty. HaroldFahringer, an alumnus of our School, will be the principal speaker of the evening. Atty. Arthur Bailey, also a U.B, alumnus, will be the Master of Ceremonies. Advance sale tickets of$15.00 can now be purchased fromticket co-chairmen, Edward Wisniewski and David Frey. However, the ticket price of $17.00 (a $2.00 premium), will be charged for tickets purchased at the door. (A color phto of Lt. Col. John Glenn on the reverse side of each of these tickets accounts for the price fluctuation.) Facetiousness Canon 35 .. .. One out of every nine homes built in the U.S. last year was mobile Inventive and creative genius in America is very much alive and kicking. Patent applications are received in the U.S. Patent Office at the average rate of 40 per hour Sorrentino Elected President Of SBA V. James Sorrentino, a junior from Buffalo, has been elected President of the Student Bar Association. Newly elected junior class representatives include David Knoll, GeraldCarp, Caesar George Naples and Markarian. Those elected by the freshman class are James Arcadi, Lance Billingsley, Louis Cacciato, Gerald Lippes and David Siegel. In order to re-vitalize the SBA, Mr. Sorrentino has proposed various innovations. Hehas established anExecutive Committee which will meet twice a month. This committee, composed of Mr. Sorrentino and an SBA representative from each class, will plan an agenda for the coming month and review theaccomplishments of the preceeding month. The Vice -PresidentElect, Mr. Carp, will be the responsible head of all committess, and will check on the progress of these committees to insure the success of their proposals. The Executive Committee will join the Finance Committee in establishing a budget for all Law School organizations. Mr. Sorrentino believes that since the Law School is now a part of the State-wide school system, an opportune time has presented itself to request a substantial raise in the Law School's appropriation. To preserve the democratic functioning of the SBA, and to insure the students of representative government, Mr. Sorrentino has stated: "I would like to remind all students that SBA meetings are open, and all students and faculty members are Invited to attend. Although you have no official vote, you will not be denied the right to speak on any topic being discussed." - �APRIL, 1962 Procedural Revision Passed; Civil Practice Act To Be Repealed Both houses of the State Legislature have passed a group of bills extensively revising civil procedure in New York. It is virtually certain that the Governor will sign the bills which will be effective September 1, 1963,despite the oppositiorrof mostof' theorganized bar. i The bills were opposed by the bar associations principally on the ground that the Legislature had revised the proposals to curtail, rather than expand the rule-making power of the courts. The bar leaders felt that a revision of practice should include delegation of the power to make procedural regulations to the courts, as represented by the Judicial Conference, with Legislature retainingpower to reject such rules. The Bar Committees claimed that the revision contained more statutory provisions, and less rules, than the Civil Practice Act and Rules of Civil Practice. The procedure revision stems from a legislative direction to the Temporary Commission on the Courts in 1953. The Commission appointed an Advisory Committee consisting of experienced practitioners from various areas of the state; James O. Moore, Jr., former State Solicitor-General, represented the Buffalo area, Professor Daniel H. Distler, was full-timeAssociate Reporter to the Committee before coming to the University of Buffalo Law School. The task took over five years to complete. In 1960, the Committee presented its proposals to the Legislature, and after public hearings and substantialcomment by the bar, a revised proposal was introduced in 1961. Thereafter, the Legislature madefurther revisions for 1962. The revision is reported to be the most extensive revision of practice since the originalField Code of 1848. Although basic concepts are generally left undisturbed, streamliningof language,organization and procedures is effected throughout the practice. Provisions relating to specific kinds of actions, such as real property, domestic relations, and corporations, were removed from the general practice act and transferred to the consolidated laws. The new statute, to be called the "Civil Practice Law and Rules" (cited CPLR), combines statute and rules for the convenience of practitioners. In each article certain of the provisions are statutory sections and others are rules of practice. Dean Aids In Muslim Defense Dean Jacob D. Hyman of the University of BuffaloLaw School has been assigned to handle the claim of a member of a religious sect embracing the Islamic religion who is an inmate of the State Prison at Attica. Claimant, William SaMarion, has alleged in a suit brought in the United States District Court forWestern New York that he, and others similarly situated as inmates of Attica Prison, have been denied the right to hold congregational services, communicate with ministers of the Islamic faith, and use and possess literature concerning their faith.Petitioner claims discrimination on the part of the prison officials in these matters, alleging that members of other religious faiths have not been so restricted. Petitioner's claims are made under 42 U.S.C., Sec. 1983, to redress the deprivation under New York State laws, statutes and regula- tions of rights and privileges secured to the petitioner by Article XIV of the United States Constitution. It Is interesting to note that a recent decision of the United States Court of Appeals has con- sidered essentially the same issues involved in the case being handled by Dean Hyman and has upheld the right of petitioners in a state penal institution to seek relief from allegedreligious persecution without first exhausting the remedies available to them under state laws. However, the recent New YorkCourt of Appeals case of Matter of Brown stated that although theright to exercise religious beliefs is a preferred right, it isnotabsoluteandshould not interfere with laws enacted by the state for its preservation, safety or welfare. "Hie Court of Appeals remanded, holding petitioner to be entitled to the rights conferred by the Constitution and Sec. 610 of the Correction Law, subject to their limitations and the reasonablerules and regulations established by the Com- missioner of Corrections. Aiding Dean Hyman ln the SaMarion case is Richard F. Griffin, Trial Practice instructor at the Law School, and Wade J. Newhouse, Professor of Constitutional Law. Juniors Begin Student Lectures A newidea hastaken shape and lorm at the Law School in recent weeks. The Junior Class is presenting a lecture series on a weekly basis. Tbe lecture topics have rangedfromthe stock market to American Theater. The discussions are led by students who have spent considerable time studying these areas. There are two criteria used in selecting a topic: It must be outside of the law, and it must be worthy of discussion. Any doubts about the quality of a studentlecturewereresolved by the first talk given by Ross Dilorenzo and Ed Wisniewski on stock and the stock market. Both spent several hours in preparation and the result was a highly polished and informative discussion. The next week David Frey lectured onthe AmericanTheatre. This young man, who has spent much of his time working in theatrical productions, literally enthralled an audience of twenty and two professors. following week Joel traced the development 19th century movement towards abstract art. To make his lecture more interesting, Mr. Daniels effectively used a set of prints to demonstrate each point of his talk. Arrangements have already been made for future speakers. students The Daniels of the Robert English will lecture on insurance and mutual funds. Naples will discuss poetry. Jerry Carpwillspeakonthe subject of architecture. The series must solve several problems it it is to succeed. To date, the project has been an effort of the Junior class. In the future all the classes will be needed, as sources, from which to draw speakers. Thescheduling of the series has created several difficulties. For the duration of this year, the lectures will be given on Thursday afternoons. Perhaps a better time will be found next"year when the series Caesar resumes. If these lectures have proved nothing else, they have shown that law students will take time to listen to a talk by a fellow student. If this seems only a minor point, it should be noted that at the outset this was seen as the major problem facing the series. OPINION 7 LIBRARY EXPANSION ( (Stares Page 3, Col. 4) \ have had an opportunity to use some of these masterpieces in actual research, or examine them in the Legal Bibliography course, have experienced this influence of tradition and history. Outstanding in this Treasure Collection are firstedition copies of Rolle'sAbridgement(l6BB)and of Sir Edward Coke's Institutes of the Laws of England, Second Part (1641), Third Part (1644), and Fourth Part (1644). (The librarian would like to complete' this set by obtaining a first edition of the First Part.) Dean Hyman donated from his own library, among other valuable works, an early edition of "Doctor and Student" (1687), one of the first textbooks for law NACCA BAR ASSOCIATION One-Day Seminar May Ist, 1962 HOTEL BUFFALO $10.00 Fee to be paid at the door Subject: 'The Proper Handling of a Tort Cose, From Beginning to End', Nationally known trial lawyers ond lecturers. students. Recently, Assoc. Prof. Cohen experienced the disappointment of missing an opportunity to purchase a first edition copy of James Kent's Commentaries on Law. Naturally, the American appearance of such works on the market is very rare andrequires immediate action along with the instantaneous availability of funds. The librarian hopes that the alumni willprovidea standing fund for this purpose, since the library operating budget is inappropriate and inadequate. Assoc. Prof. Cohenis stillanxious to obtain a copy of the first edition of Kent's work, and is very interested in a first American edition of Blackstone's" Service to the Legal Profession ABSTRACT TITLE Division of The Title Guarantee Company 110 Franklin Street Buffalo, New York SYRACUSE ROCHESTER LOCKPORT Com- mentaries. With anaccent on* 'good books, well used," Assoc. Prof. Cohen expresses his hope thatthe library will continue to make an important contribution tothe educational program of the Law School. DENNIS & CO., INC. Publishers and Dealers Student Senator Elected of In a surprising and hardfought senatorial election, a relatively unknown freshman scored an upset over his two well qualified opponents. Bill Carnahan captured /Nkput of 184 ballots cast. Law Books The remainirigsKotes wereshared by Tim Leixner (54) and Jerry Lippes (51). Theelectoral turnout was unexpected, as all but two students voted. Our new student senator is a DENNIS BUILDING TL 2-2309 251 Main Street Buffalo 3, New York Phones TL 2-2310 TL 2-2311 graduate of Canisius College where he majored in English Literature. While in college he elected to the DiGamma Honor Society, President of the Canisius College Debating Society, and Senior Delegate to the National Federation of Catholic College Students. Bill was also selected for Who'sWho in American University and College was Students. His plans for the coming year include a necessary request for additional funds fromthe University. He feels this appropriation to be of the utmost urgency in that our necessary activities are being strangled for want of needed funds. The position of Student Senator is important in that he not only represents the interests of the Law School on the Campus but is a voting member of the Student Bar. Yearbook Set For May year's edition of the Advocate, the yearbook of the Law School, promises to provide the students and faculty with a publication of increased quality and added features. Photography is being handled by Varden Studios; informal pictures by James MacTarnaghan, a student. This year's Editors, Stephen Blass, Lawrence Chesler and Phillip Brothman, have included several new features, and have promised delivery of the completed volume to the Student Bar Association by May Ist. This Monroe Abstract & Title Corporation TAX and TITLE SEARCHES TITLE INSURANCE 93 Franklin St. Phone: TL 2-073 7 LAW SCHOOL m& University of Buffalo Seal on one side and the scales of justice on the other side. $37.00 - $39.50 LAW BOOK STORE Carrying a complete line of Horn Books �APRIL, 1962 OPINION 8 SPECIAL LAWYERS* PERFORMANCES - TUESDAY, MAY Ist 8.15 PM WEDNESDAY, MAY 2nd - 8:15 PM ■HZ I _____T'|____ STARRING V ____._^^_ RICHARD BEYMER RUSS TAMBLYN RITA MORENO GEORGE CHAKIRIS I 1 I DIRECTED BY ROBERT WISE and JEROME RO3BINS RRVII 1 V ' ' [ _■_B^R__^l LEONARD BERNSTEIN HBL CHOREOGRAPHED BY JEROME ROBBINS ! IR ; ffl IB L _*__■ IIIIII I_ _ _ _ _ _ _ _ _ | R XI ■■^fi_-.......^5' ■ •^■■■■-■f ■■■M^L 3aDX B_V I I / IR^Ix X PR "'I I1 A ____\\t I I I RR J | M X X j/jT/ R^RV I R^^_\ j/K/ MHMMBMMBa STEPHEN SONDHEIM I _P»J iK SCREENPLAY BY ERNEST LEHMAN ._______________________________k WI R |^PV _fl j WI L/ X^ SPECIAL RATE PRICES ONLY $2.15 & $1.50 ff?£GU_.AR PR/CES $2.50 & $7.75) Order Your Tickets Today! jI jj '' Enclosed Is $ !!" ' I ' & .ach, fo. our "SPECIAL LAWYERS' $ 3E : WED., MAY 2 1E it ' TELEPHONE STREET ALL j| (1) WEEK PRIOR TO YOUR DATE. envelope. . 11 )E CITY ORDERS MUST BE IN ONE Ple_.se enclose Stomped Self-Addressed t II to cov.r th. cost. ! | ! NAME NO. $II To: RECREATION UNLIMITED, 3349 Delaware Aye., Kenmore 17, N. Y. Tlck.li nt j Plnn ..nd in. | | PERFORMANCE" on TUES., MAY I jI ■ I HHHHHI MHHHHHHHHHHHHHHHHHHHHHHHHH.IHHHHHHHHI II IE IE ******* , Non-Proflt Org. PAID : ! ' Permit No. 311 Buffalo, N. Y. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1962-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 2 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1962 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/eebd0a7e637fe992e70d0aceb6e9ea7c.pdf d2004c445283926f1be7d70bf5169d7c PDF Text Text OPINION of the UNIVERSITY OF BUFFALO LAW SCHOOL Vol. 11—No. I A Publication ATTENTION FOB ELECTION DAY A Family Court for New York State Up to Voters on November 7th of Tbe OPINION would like to thank the League of Women Voters New York State for furnishing tbe material for this article. of tbe Student Bar Association and tbe Alumni The OPINION is proud to announcethat its circulation now includes the members of the Erie County Bar Association. October, 1961 Association of tbe School of Law Low School Increases Faculty Redevelopment Program Gains 7th the voters will be asked to ratify a nev Judiciary Article for the state Constitution. If adopted, this amendmeii BY AL SPINDLER will establish a statewide Family Court to handle matters involvin, OPINION, in its last issue, prechildren and families. cause of neglect, delinquency or sented a comprehensive roundup of The new Judiciary Article will These matters are now plans for revitalizing the central provide only the Constitutional au- dependency. thorization for the Family Court. handled in Children's and Domes- core business district of downtown Its nature and form will be de- tic Relations Courts with jurisdic- Buffalo. termined by a Family Court Act tion limited to neglected and deBased on the recommendations and other laws implementing the linquent minors under 16. The of a 15-month study by the Camamendment which must be enacted constitution permits increase in age bridge, Mass, research firm of Arduring the 1962 legislative session. thur D. Little Inc., the redevelopbut such extension is not beingconThis legislation will actually determent plan has as its focal point a sidered at present. Once Court has personnel mine the jurisdiction, modern, two-block shopping plaza it can retain it and procedures of the Family taken jurisdiction to be constructed in the area until child reaches 21. Court. by Main, Niagara, Pearl bounded of minors is present- and Custody B. be Family Court must a Courts Sts. The ly decided in Children's or Domes"court of record." Presently, most The Little Report was greeted tic Relations courts. This refers to initial flurry of enthusiasm family matters are heard in "courts physical Tbe Editor and staff of tbe OPINION join the entire student body in welcoming the new faculty custody of neglected and with an not of record." Many are handled from businessmen and public offimembers. From left to right: Professors Dekotto, Cohen, and Distler. delinquent children, not legal cusby part time judges, many more cials when it released last Dewas which Supreme Court deterby judges without legal training. tody cember. Many months of prelimin1958, to the U. S. Supreme Court, ion Practice and Procedure of the Louis A. DelCotto ary planning followed. But there Some family disputes and youth Mr. Cohen has served or is serv- New York State Temporary ComC. Adoptions are now chiefly were few outward signs of activity offenses are not heard in a courting as Chairman of the following mission on the Courts. With the handled by Surrogates but County, Professor DelCotto brings to the room but in the home or office of until just recently. Application of Scien- iCommission's demise in 1958, the committees: of both Relations law school the experience the judge. A single tribunal is Children's and Domestic Obstacle of Advisory Committee came under Initial teaching and the practice of law. tific Devices to Legal Research needed where most matters affect- courts also have jurisdiction. Most obstacles the American Association of Law the direct jurisdiction of the New One of the initial enfrom do not use trained inAfter graduating cum laude ing families can be handled, for Surrogates (1959-1960), the Code York State Legislature, and comcountered was the acquisition of the University of Buffalo Law Libraries under today's system one family vestigators for this work. task of drafting a reproperties on the proposed plaza School in 1951 he practiced with of Ethics of the American Docu- pleted its D. Support of dependents and may be involved in as many as five mentation Institute (I960), and placement for the Civil Practice of July site. In officials Downtown the Buffalo firm of FieischJaeckle, related matters are now heard courts at once. of AmeriAct and Rules which will be Development private currently, Buffalo Education the Inc., a man, Kelly, Swart and Augspurger. and Domestic The JuriidicHon of The Family mainly in Children's agency, revealed that private ne- In this capacity he specialized in can Association of Law Libraries. voted on at the next legislative sesRelations courts but some support Court In addition he has served as Vice sion. The 1960-1961 academic gotiations for the plaza properties taxation. Sec. 13 of new Judiciary Article matters come before Special Ses- were not practical and indicated President of the Law Library As- year found him as an Adjunct Asand From 1951 to 1958 Professor the Family Court. Its jurisdiction sions, Nassau District, City they would ask the City of Bufsociation of Greater New York, and l sociate Professor of Law at Columinequities taught Agency Taxation, Startling DelCotto Justices courts. fall into 3 categories: powers falo to use its of condemhas been a member of the New ibia University. and Partnership, Wills and SurroI. ContiituHonal—matters which exist: In New York City support York County Lawyers Association 1 Prof. Distler's avocations are as children legitimate may congates Practice and Equity at the must be originated in the Family for positive side, there fiave Law School. He was also director since 1951. On the vast as his experiences, including tinue to age 17, elsewhere ro age Court. been these developments in the and a lecturer for the Buffalo Bar Mr. Cohen is married and has i music, photography, and electronics. A. Protection, treatment, correc- 21. Illegitimate children receive last few months: Review Course. This refresher two children. He and Mrs. Cohen 1 Now residing at 95 Rand Ayetion and commitment of minors FAMILY COURT 1. Mayor Frank A. Sedita un- course aided in the preparation of share an interest in painting and nue in Buffalo, Prof. Distler is a (Continued on Page Four) needing authority of the court beveiled a $17.5-million public im- graduates for the New York State sculpture; the Jewish Art Museum 1 member of the American Bar Asof New York City recently selected sociation, the New York State Bar provements program designed to Bar Exams. for its exhibit one of the paintings 1 Association and the Association of transform more than 60 blocks of In 1960 Professor DelCotto retraffic-clogged streets into an ap- signed his law partnership and which they have collected. the Bar of the City of New York, pealing commercial district of broad spent a year as the Hughes Fellow Asked why he chose a career in i He has been admitted to practice By DAVID R. KNOLL malls and tree-lined walks. The in the Columbia University Law Legal Librarianship, Mr. Cohen re- ■ before the United States Supreme In the formative stage at press time is an association of law project would be financed with the School's J.S.D. program before ac- plied that his interest in law hasi Court, the United States District students dedicated to the election of Robert B. Fleming, Lecturer at help of federal and state urban realways been in its more intellectualI Courts for the Southern and Eastcepting his present faculty post. the University of Buffalo Law School, as Supervisor in Hamburg. Mr. newal funds. or scholarly aspects, which quite em District of New York, and the As a law student Professor DelFleming, who faces an uphill battle as Democratic candidate in prewith his love: courts of New York State. Kobacker's Announces Plans Cotto served as an editor of the naturally combined dominantly Republican Hambutg, 2. Kobacker's Stores announced Law Review and was a member of■ of books in general. This dual inNext semester will find Prof. Candidate welcomes the support of this biparterest in law stems from a long- Distler teaching the Senior Proceplans to erect a new department the Student Board. He was also a time tisan group. The support will constudy of the Old Testament as ■ dure and Freshman Equity courses. store in the proposed shopping 1law clerk with a local firm. sist largely in a "get out the vote" plaza. Scheduled for completion in a legal code and literary masterProfessor DelCotto's hobby is piece. campaign, supplying transportation the fall of 1963, it would be the guitar. He resides at for Hamburg voters who would first completely new department the classical He recommends law librarian224 Saranac Aye. in Buffalo with ship as a profession for others, "as otherwise not be able to vote. store to be built downtown in more his wife and son. The support of the students for offering a multi-faceted challenge than 25 years. alumnus Fleming is far from unto one's legal skill." It involves a 3. Erie County Savings Bank In an elimination argument held warranted. Mr. Fleming may boast teaching, re- to fill two vacancies on the school's Morris Cohen variety of jobs declared its intention to supL has of a background equaled by few, search, legal analysis, and adminis- Moot Court Team, David Knoll the downtownredevelopment port Graduating and envied by many. effort by moving from its 68-yearMorris L. Cohen has joined theI tration. These, plus his favorite and Caesar Naples, both Juniors, from Hamburg High in 1939, he old headquarters on Shelton Square faculty as a Professor of Law with{ avocation of buying books, makes emerged the victors. They will join went on to a degree in Mechanical into the proposed plaza. a specialty in Legal Research, andI his position continually exciting. Angelo Massaro, a Senior and the Engineering at the University of only veteran from last year's team, 4. Finally, a few weeks ago, the as Law School Librarian. He has Minnesota. The world was at war, in preparing to compete in the Common Council approved con- held the position of Assistant Law Daniel H. Distler and in 1943, June graduate FlemRutgers School at National Moot Court Comperition. Librarian both struction of a 600-car, multi-deck ing joined a B-29 Group as a Flight Frank- and Columbia universities. Mr. Associate Professor Daniel H. The case for argument this year parking ramp at Court and Engineer, completing no less than inColumbia lin, a key facility across Pearl St. Cohen's duties at Distler, now teaching the course on is in the area of International Law, thirty missions over Japan.The war cluded on lecturing legal biblioplaza. promises to provide an excitvaried career. and Evidence, had shopping has a from the downtown over, he continued his career as an ROBERT R. IOOOIINO A native of New York City, Prof. ing competition. The team will With these developments, it graphy. engineer until 1948, when he enSchool A producr of Boys High I Distler's pre-legal training was ac- meet Cornell in their first enappears that the first concrete tered the University of Buffalo ArticleFour of rhe New measures to revitalize the down- in his native Brooklyn, where he■ quired at Hofstra College and The counter at the Appellate Division School ofLaw. While at the school, ly drafting magna cum lattde ini Polytechnic Institute of Brooklyn Court in Albany, on November 18. graduated Corporation taking shape. Business Aa. finally area are of town Fleming served as president the 1945, Mr. Cohen took his Bachelor( where he received his bachelor's The winner of this argument will When he's not busy at the offices But, with politics now the upStudent Bar Association and EditorGreen, Fahringer and permost concern among those in of Arts degree (with honors ini degree in electrical engineering. then go on to meet the victor of in-Chief of the Law Review. Grad- of Lipsitz,candidate Fleming can be City Hall and those who are try- Social Science) ar the University ofF Prof. Disder also attended Rutgers the Syracuse v. Albany argument uating Magna Cum Laude, he pro- Fleming, and his Bachelor University, through the courtesy of for the regional championship on found with his lovely wifeand five ing to get in, C it's likely that fur- Chicago in 1947, ceded to the University of Wiscon131 South Lake Street ther moves toward redevelopment of Laws at Columbia University t the U. S. Army, during World that afternoon at the Court of Apsin for a year of graduate work, children at School Law in of 1951. In Decem- ■ War 11. The major part of his army peals in Albany. The regional winin Hamburg, a town that has will be shelveduntil after Election and then on to Harvard as a Teachber of that year, at age 24, he wasi career was spent on the Manhattan ner will continue at a later date in known the name of Fleming since Day. ing Fellow. The next few years admitted to the New York StateI Project which produced the atomic the finals to be held in New York member of the found Robert Fleming at St. Louis 1925. An active Bar and entered private practice, bomb. After his discharge, Prof. City. Hamburg Planning Commission, he University as an Assistant ProfesTV certainly is educational. In a continuing until 1959. Distler remained on the Project as supervisor's will take to the office The University of Buffalo has evening, we learned that all single sor of Law and then at our own problems facIn the seventh year of his private a research associate for the Univer- brought home three Regional an awareness of the soap powders, cigarets, beauty Law School as an Associate Prosity of California. deing Hamburg today. practice, championships Mr. Cohen in past years. This took his fessor of Law. creams, gasolines and drain cleanAlthough our policy dictates an ers are infinitely better than all gree as Master of Library Science■ After graduation from the Co- year hopes to see the fourth, |thd Teaches Corporate Law of the first National Library University at Pratt Institute School lumbia School of Law Championship. Lecturer Fleming, who teache* avoidance of politics, we feel jus- others. Science in Brooklyn. During thisi in 1951, Prof. Distler entered privCorporate Law, has served actively tified in saying to the constituents Nothing will do more to make time he was admitted to the U. S. ate practice where he remained for Of course it's difficult to get here is of Robert B. that Fleming member of the Legislaas a Joint can afford to District Courts of the Southern andI the next five years. In 1956 he into college today. A youngster tive Committee To Revise Corpo- a man we are well proud of, as a man feel that he than a Eastern District of New York, theI was appointed the Associate Re- needs good grades and his father ration Laws, as both a Research Graduate and as a member of our go further into the hole U. S. Court of Appeals, and, iniporter to the Advisory Committee needs a good line of credit. j small raise. Assistant and Draftsman, persoml- faculty. On November : . ,, :, I ' . . Fleming Runs for Supervisor; Law Students Campaign for Him ' . I , ' — ' . ..' , : Moot Court Team Readies for Fray �2 OPINION ©PINION JOEL L DANIELS PHILLIP BROTHMAN PAUL H. SCHWARTZ October, 1941 Let rsohE e ditor Lubick Named to Hartzberg to Head Public Defender Staff in Erie County Federal Position Editor will be EDITOR-IN-CHIEF Letters to the MANAGING EDITOR acknowledged by ■writing: ■ NEWS EDITOR THE OPINION U. of B. Law School LEGAL EDITOR 77 W. Eagle St. By LOUIS SIEGEL end GERALD LIPPES Donald C. Lubick, a lecturer of In a recent visit to the Public Defender's Office, 300 Dun Building, federal tax courses at the UB Law had tlie opportunity to interview Mr. Jerome Hartzberg, the newly years, the last 10 has we for School DAVID R. KNOLL Buffalo 2, N. Y. been appointed tax legislative appointed Public Defender of Erie County. Prior to becoming the LOUIS SIEGEL EDITORIAL STAFF All letters must be subscribed. counsel to the U. Public Defender, Mr. Hartzberg obtained his criminal law experience MICHAEL STERN, JR PHOTOGRAPHER Names will ba withheld on request. S. Treasury De- as an assistant districr attorney of ings tried in the City Court of Bufpartment. The Erie County. He is a University of falo. STAFF: Seymour Mandel, George Markarian, William Scott, Jerry To the Editor: $18,500 a year Buffalo Law School graduare. Kemsley, Ted Kraft, John Gilbert, Al Spindler, Gerald Over the past summer the Law The Erie County Bar and the Lippes, Frank Aver Jr., Lee Bluestein. The Public Defender's office, in Legal Aid post is one of School Building was renovated to Society have now acthe legal assign- its four-year history in Erie County, provide the needed room for ofcepted a program which will enEDITORIAL fices of incoming professors. This ments in the ad- has defended approximately 2500 able the Public Defender, acting ministration of indigent prisoners. From all prehelped to alleviate one of the maas an administrator, to work with ii G. LUBICK President Ken- sent indications this startling figure jor problems of the building; the counsel on felony cases. assigned will continue to grow proportionproblem of space. And yet a diffi- nedy. Mr. Hartzberg believes that this Much consideration has been given to the poor quality of Law more critical goes on unMr. Lubick, who assumed his ately larger in the future. When one students' writing techniques. This problem was recently expounded in culty will be beneficial to both the client solved. For at least one more year new duties in Washington Sept. considers the Public Defender's and the assigned attorney. It is his an article appearing in the Saturday Review of Literature. The author be responsible for draft- office is staffed with only two atwe must endure the noise and will 25, was somewhat disconcerted because of the small amount of Law gradu- racket created by the men making ing new tax legislation and main- torneys, a stenographer and only contention that since the Public Defender becomes initially acates familiar with proper methods of correct legal style. He offered deliveries to the Buffalo Athletic taining liaison with Congress on one full time investigator, the quainted with the felony case at only one solution: start writing. Club. tax matters. but we complete conformity opinion, Not only are we in with his the hearing level, the opportunity incoming freshmen are told A native of Buffalo, Mr. Luto continue in an administrative believe the situation to be worse. A large percentage of our college All Public Defender take an active part in class dis- bick was graduated from the capacity throughout litigation will graduates are quite unfamiliar with the rules of English grammar. to University of Buffalo, summa aid assigned counsel by obtaining Consequently, law schools are faced with the task of teaching remedial cussion and to listen to all re- cum laude, in year After a 1945. sponses because intently, class work from him first-hand knowledge of English before their students can begin to study the essentials of and discussion are vital in the in the Air Force, he entered the legal style. the case for its inception. Prior to Harvard Liw School. He was presInstead of permitting this problem to continue, law schools should study of the law. But it is imposthis new innovation, counsel was sible to keep a train of thought on ident of the Harvard Legal Aid adopt some type of legal writing course where all the errors can be at the post hearing level assigned an issue when the trucks roll in to Bureau and a member of the Harcorrected before it is too late. Why should only those few who write with the Public Defender being the back of the B. A. C, and by vard Law Review. completely dismissed from the case. for the law review receive the benefits of legal writing practice? We Mr. Lubick earned his LL.B. desee no reason why students should not be compelled to write a paper impossible I mean that it cannot Rights to Counsel gree, magna cum laude, from Harbe done. each year on a legal subject of their choice. An indigent prisoner is an invard in 1949 and remained as a lawyer very sign It is obvious that the To write well is an art which a cannot overlook. dividual who has been accused of on the side of the building, teaching fellow at the law school a crime and is unable to pay for "QUIET CLASSES IN SESSION," there for a year. legal services. When an accused is useless. These delivery men make He returned to Buffalo in 1950 is brought before a Judge he will more noise than a division of ma- and joined the law firm of Hodgbe advised of his right to counsel. The recent let's-see-how-many-names-we-can-knock-off-his-petition- rines securing a and son, Russ, Andrews, Woods & beachhead, specialist and campaigning in the Buffalo elections has provided ample entertainment they have personalities of their Goodyear as a tax The defendant, alleging that he does not have sufficient for the interested public. Party bosses battle insurgents and independ- own. For instance, which junior became a part-time faculty memfunds to retain counsel will have sucli ents battle organizations. Nevertheless, amidst the fire and brimstone, or senior does not know that the ber at the UB Law School. together agree leaders did In Mr. get 1959, and Lubick cajoling, the backslapping and served as counsel assigned to him. Usually, party Frontier Linen mancomes at 3:00 JEROME HARTZBERG chairman of the Tax Revision Comthe Courts in assigning counsel to to endorse Justice Philip A. Halpern to a second consecutive fourteen- p. m.? mittee of the City of Buffalo. of criminal cases handled a criminal case will make a very year term on the New York Supreme Court, Appellate Division. Just to say that in a few years Mr. Lubick, 35, and his family amount We are proud of the accomplishments of Justice Halpern, former the Defender's office is a con- slight and inadequate investigation by the law school will be on campus will reside in Arlington, Va., dur- siderable accomplishment. These Dean of the Law School. Political leaders have not been capricious and is turning your back on the probHARTZBERG PUBLIC permitted party prejudices to influence them in this capacity. Selection lem; besides, those few years could ing his tour of government serv- 2500 cases were confined to misDEFENDER HEAD demeanor trials and felony hearof our Judiciary calls for careful deliberation and foresight. Justice turn out to be several years. I can- ice. (Continued on Page Three) Halpern was a wise choice for both affiliations. not believe that anyone would say that it is not important enough to worry about. If we are to devote three or four years of our lives to the study of the Law, it would By CHARLES W. BECK Student Bar Association seem important that we be allowed to study under reasonable EDITOR'S NOTE: Charles W. Beck and Russell D. Coogan are the Law School's representatives to ALSA. Mr. Beck's informative report is designed to acquaint our readers with tbe internal workings of This year a By-laws committee, suggested by Charles Beck has conditions. Finally, I cannot be- ALSA, and at the same time to point out the Association's efforts in supplementing the education of law been established, It is felt that this will help to expand the existing lieve that the cost of solving this students throughout nation. the problem to be great. In the freshConstitution. ST. LOUIS REVISITED The SBA has also made arrangements for the publication of the man and junior rooms the entire Law School yearbook, "The Ad- themselves with the processes of row of windows could be walled The proceedings of the Thirtieth Annual Meeting of the American Law Students Association were up, and there still would be an conducted in St. Louis, Missouri, August sth through 10th. vocate", on a contract basis with law, the Law School, and its affect adequate number of windows for Messrs, Chessler and Blass. Early St. Louis was of particular significance to the Association, the delegates, and to the scheduled order on themselves. Each year, the Law ventilation. In the senior room an publication will be guaranteed upof business for it was just twelve years ago, in September of 1949 in this same city, that the American $100.00 book air conditioning system would have sponsor Wives a puron assurances by the SBA to Law Student Association, under the sponsorship and guidance of the American Bar Association, comscholarship to be given to some to be installed in order to insure chase a specified number of books. menced what has proven to be a highly successful educational service endeavor, not only for rhe law deserving married law student. proper ventilation. student, but also on behalf of the tion of On October 14, the Association Officers for the 1961-62 year are: If the University of Buffalo has the delegates, the annual an A L S A sponsored seminar. practicing attorney. sponsored a party at the Markeen President, Mrs. Robert Moeller; enough money to meeting provided of the ALSA a A distinguished panel composed of put up a newstuHotel, with music provided by the Vice-President, Mrs. Peter Cook; dent union on campus to make The founding membership was variety of legal programs, dem- Dean Robert S. Drinan, S.J. of the Collegiate Quintet. The SBA also Treasurer, Mrs. Lawrence Chessler; of 104 delegates represure the undergraduates have the composed onstrations and seminars. These Boston College of Law; Whitney in the announced that the vacancies Student Bar Associaprograms were conducted by the Harris, Chairman of the Adminand Secretary, Mrs. Andrew Fallon. proper facilities for dancing, list- senting the tions of 46 of the nation's approved various standing bookstore and cafeteria have been ening to records, and bowling, surecommittees of the istrative Law Section of the AmeriCoffee Hour filled with the appointment of law schools. This year there were ly, some money can be spared to Association, or by the Junior Bar can Bar Association; and Professor selected student personnel. Sponsored by the Student Bar obtain proper facilities for learning 218 delegates and observers who Conference, or at the invitation of Oliver C. Schroeder, Jr., Director represent 94 approved law school the The presentagenda is, along with Association, the purpose of the the Law. American Bar Association. of the Law-Medicine Center ar other items, concerned with the coffee hours is to broaden the outROBERT D. STEIN Student Bar Associations of the 129 Conference on Personal Western Reserve University disaffiliated member Student Bar As1962 Barrister's Ball slated to be look of the law student by proClass Finance Law cussed tlie related problems of '63 of sociations. // should be a matter of held at Prudhommes' Garden Cen- viding him with the opportunity A good suggestion, The Conference on Personal Fin- jurisdiction, extension of basic Ed. Note: University ter in St. Catherines, Ont. to meet and converse with leaders Nevertheless we advise you wear pride to know that the ance Law is a moot court presenta- rules of international law, venue, ofBuffalo School of Law -was one tion to encourage research and pub- and the in the fields of labor, education, ear-muffs. Indigent Prisoner relationship of law and of the member associations -who lication in the small loan and con- morality raised business, etc. Since the lawyer is Defense Organization by the trial. in ALSA participated that first so often called upon to play an sumer finance field conducted by PROGRESS Defense of Unpopular Clients meeting in 1949. The IPDO is a voluntary stu- active role in community affairs, considers old valthe Junior Bar Conference of the dent organization designed to give it is felt that it is desireable during ues and has new ideas has an unAt its inception A L S A di- A.B.A. The problem presented this This program was prepared and beatable combination. its members valuable legal exper- his student years to give him an rected committee attention, efforts year was, "When is a breach of conducted by the Audio-Visual ience on a practical level. Stu- introduction to the problems conUse plenty of elbow grease in and publications to three major en- warranty by a Committee in cooperation with the dealer defense a your daily tasks remember, a deavors: Membership, Election dent volunteers assist attorneys in cerning these non-legal areas. Two and against a lender who financed the Legal Responsibility Committee. home run is Just a pop-fly with a their preparation of client's defense. or three of these coffee hours will little extra energy behind it. Placement, and Activities. Reports purchase by a loan". Presented was a filmed interview In return for their work, stu- be under rhe auspices of the St. were received and acted upon at Trial Techniques Workshop followed by topical discussion and "Red Tape"arose from dents receive a certificate of mem- Thomas More Guild. This year's tom in England of tyingthe cus- the 1961 meeting from the now The workship was conducted by cvaluarion of the filmed program. official bership from the organization. A coffee hour chairmen are Roger and legal documents in a tape of 18 standing committees of the As- the Professional Responsibility The programs and seminars prepinkish red color. cocktail party is planned for the Simon and Louis Cacciato. sociation: Armed Services, Audio- Committee and introduced four sented at the A L S A meeting Professional Responsibility, prominent St. Louis attorneys near future where these certificates visual, Ku Klux Klan was established in were all in strict accord with the Law Review will be presented. in 1865 at Pulaski, Term. as a so- Legal Aid and Defender, Medico- a discussion of trial techniques, an Association's aim to introduce law The IPDO is now being revised This fall's issue will again be cial order, but became an organi- Legal, Moot Court, Placements, attorney's duty to his client and the students to the professional probzation for enforcing white supremlems they will face upon admisStudent Bar Programs and World role of professional ethics. to a great extent in accordance with devoted to an analysis and discus- acy. Peace Through Law to mention Medico-Legal Confrence sion ro the bar; to provide a closer tlie suggestions of Professor Laufer. sion of those cases decided by the Copyrights extend for a period some of the most prominent. Appeals is intended to New York Court of in the The Medico-Legal program The new Conference integration between the future of 28 years. This year's return to St. Louis was conducted by the Medico-Legal lawyers and present day leaders of coordinate the work between at- present term. Beside the student torneys and students on a closer articles, there will also be leading students. Coffee hours, a regular was more than a historic milestone Committee and was primarily con- the legal profession, and promote contributions treating such topics activity of the society in the past, of the Association; it marked the cerned with examination of mal- the concept of professional responlevel. as the uniform Commercial Code, will be planned under the direction end of one era of development, practice cases. Malpractice was con- sibility. The University of Buffalo Law Wives and, by mandate of the assembled sidered because of its relation to School of Law has programs curand New York Grand Jury Prob- of Hugh Kelly. Walter Licata and John Robshaw body, a new era of increased serv- the various practitioner, the sur- fently operating that are keyed to On Sunday, September 24th, the lems. have been named Co-chairmen of ice to the student and the Bar was geon, the psychiatrisr, etc. satisfy a similar aim, and with this Law Wives held their annual memSt. Thomas More Guild Legal Implications of the the Communion Breakfast, sched- launched. past summer's experience, it is my bership tea at Dean Hyman'shouse. Programs and Seminars hope that a more productive liaison Eichmann Trial James Walsh, Vice-chairman of uled to be held early in November. The purpose of the Law Wives is This conducting ofbusiis annual affair is the addition to the order The of Guild, highlight presently Legal Implications In the to enable the wives of law stu- the ALSA CONVENTION REPORT ness scheduled for the considers- Eichmann Trial was the subject of dents to get together and familiarize a membership drive among eligible of the Guild's activity year. (Continued Page Three) SANFORD ROSENBLUM ' A Situation to Remedy .. Congratulations, Boys ; '' . NV iewns iew... ALSA Convention Report , me man wno — on �October, iContJnoed from Page 3 OPINION 1961 Hartzberg Public Defender Head Court of Opinion By GEORSE-M, MARKARIAN and SEYMOUR M. MANDEL Two) Query: "Specialization in the law; Will it replace the of whether or doc the accused has financial resources to pay an attorney- When a Public Defender is assigned to a criminal case a complete and thorough investigation of the accuseds finances are nude by the Defender's office. Mr. Hartzberg emphatically stated that if it is determined that a client has financial means, the Public Defender will not take the case. This should relieve chose few attotneys who hare expressed comments agtiinst the Public Defender because of their belief chat the Public Defender occasionally takes clients who hire the ability to pay. Io fact the better screening of an individual's financial status will pcvfcibllT increase the clientele of ■hose attorneys who oppose the Public Defenders system. Mr. Hartzberg believes that the present system of assigning counsel ro indigent prisoners is in need of revision. Generally, assigned Lawyers do an adequate job, but many Lack sufficient experience in criminal cases. Assigned lawyers ate usually occupied with their own work and do not give the requisite time and effort needed in defending an accused. Often, an assigned counsel will not make a complete investigation of his case because again his valuable time is needed for bis own practice, usuj-My involving civil work. Mr. Haraberg believes you are successful in criminal cases by preparation and investigation and not sjWr on your articulation in the General Practitioner?" Alger A. Williams, Justice Appellate Division of New York Supreme Court: "There is a trend toward specialization more than ever. Due to the growth of the large law offices the need for specialization has been furthered. Besides the usual specializations such as copyright, patent and admiralty law, the primary specializations today are taxes, litigation and appeals to the highest court. In general practice is a preponderance of attorneys who specialize in various fields such as real estate. "Although the predominanr trend is toward specialization, the vital role performed by the General Practitioner will continue to be a strong force in the law." Matthew J. Jasen. Justice Supreme Court of New York: "The General Practitioner will never be completely replaced to the extent in which the medical profession has. The specialist in law will increase, especially in the tax and negligence field, but not to the point of abolishing the general practitioner. One of the primary reasons for the growth of specialization is the complexity of law today. "Do you suppose we should have asked for a change of venue?" The general practitioner cannot cope with this problem effectively. A question of economics is also involved. The specialist can gather the information for his case quickly at a lesser cost to the client. The quality of the services performed by attorneys has improved through of (Continued from Page Two) forthcoming in issues The Stu- ment of new benefits and services specialization." dentLawyer. and expansion of existing services David J. Goldstein, Attorney-at-law: may be established with the Erie Placement Committee would require additional financing "The trend today is back to the general County Bar Association to produce practitioner. The young This Committee was responsible as well as a direct relationship beseminars to satisfy the need for who does hope to specialize should associate himself attorney with for rhe publication of the article, tween ALSA and the individual an office that has a general "practical" application. practice.. The advantage to this is that "Federal Government Job Oppor- student. the young attorney acquaints himself with all aspects of the law and Order of Business tunities For Young Attorneys", Full discussion and consideration not merely one field. After this background, if you feel you are inwhich proved to be an exhaustive was given to the proposal and its The business of the Association clined toward a special field, then you should go on in that field. examination and excellent present- ramifications on the Association, that was presented to the general "Bur the specialist will not replace the general practitioner. ation of the subject appearing in member Student Bar ToAssociations day the general practitioner is better equipped to assembly of the delegates for their The Student handle most areas Lawyer. The work of and on individual students. On vote consideration and determination of the law. The general practitioner is here to stay." the Committee is to continued be assembly of the the proposal was can best be enumerated by classifiAlbert R. Mugel, Attorney-at-law: with special emphasis on provid- passed and is scheduled for operacation into three divisions which "The complications of law are such that there is unfortunately ing information on the organiza- tion in the Fall of 1962. a determined their order on the growing trend toward specialization. Any attorney should have a good tion and operation of effective agenda: Reports, Constitutional experience in the general practice of law. All specialized fields 20 Resolutions Proposed placement programs. reAmendments and Resolutions. quire an understanding of other fields of law. This is particularly so in the The Resolutions presented to the Professional Responsibility The Reports acted upon include field of taxation where th* problem is one imposed on general business. Committee delegates for their action reprethe reports of the officers and the "Ir is almost impossible for a lawyer to be completely informed proposals court room. of Association acThis Committee is responsible sented various committees on their acon all fields of law. The growth of the larger law firm reflects the feelV»«l Rol Possible tivities on behalf of the Associa- for the "Honor Code" and "Pro- tion in a particular field or manner ing for the need of specialization. The trend is clear toward specialiThe Public Defender's office tion for the year preceding the fessional Ethics" publications ap- that the drafters felt was necessary zation. The intricacies of business life are such that it will continue." could play a vital role in the im- meeting, and their recommendation pearing in The Student Lawyer. to the continued growth or developPearlman, Chester A. Attorney-at-law: provement of our system of as- regarding the continuance and This coming year will see possible ment of A L S A. Resolutions were There is more specialization now than ten years ago due to the signing; counsel With a larger staff future activities of the particular revision formulated for the Com- the result of work achieved at the greater complicity of law. Specialization has one large drawback to of lawyers, clerical workers, and in- office or project. The Reports for mittee's publication of the "Model Spring Circuit Conference, or of me because if you build a repuration on one specialization it eliminvestigators, the Public Defender's this assembly were contained in a Honor Code". j the incentive of a particular school ates you doing other work in the eyes of the public. Ir is difficult from office cnuU alleviate rhe need for 111-page book distributed well in Scholarships and Fellowships ■ pr group of schools. a time basis ro be really conversant in all of the changes and amendassigned counsel. All indigent pris- advance of the meeting. The offiCommittee •' I This year there were some 20 ments in the law. oners could be defended by the cers' reports were not suchthat they This Committe has continually Resolutions prepared covering such Public Defenders office. If the warrant specific consideration here recommended the cooperative ef- topics as the number of delegates ents' "I prefer to be a general practitioner and keep control of my clibusiness. If I need someone who is a specialist, I retain him for Public Defenders office were giv- as their recommendations were forts of Student Bar Associations attending, placement programs, en more responsibility in repre- keyed to reflect their evaluation of and Faculty Scholarship Commit- pay scales for law clerks and be- that one item. Eventually the trend will be back to the general practitioner who will do as I am doing—retain a specialist when I need one." senting indigent prisoners in City, pending Constitutional revisions tees, and has worked in conjunction ginningattorneys, officers' expenses, Sidney B. Pfeifer, Attorney-at-law: County, State and Federal Courts, yet to be presented. I do not feel with the American Bar Association civil rights and establishment of "The answer is dictated the type of community. Specialization there would be less appeals, less that a derailed presentation of the in publication of financial aid in- a Public Affairs Committee. Sev- is important in the large by corpus nobb and habeas metropolitan areas. In the average comcoram Committee reports is warranted, but formation. Its continuance was as- eral of the original 20 Resolutions munity there is room for both. The trend toward specialization is writs. This would be accomplished I do wish to list the Committees sured. were withdrawn, others failed to also dictated by the fact that the laws are becoming so numerous and by a special channeling of efforts reporting and any recommendaThe delegates were called upon pass the Board of Governors and Complex that no one man can keep up with every field of the law. The within one public agency; a duty tions of import of which we should introduced; The reto consider ten proposed amend- thus were not general practitioner must know every field to do justice to his bound group of able lawyers using take cognizance. client. maining Resolutions presented dealt ments to the Constitution of the is "Specialization strong in the large firm, but the great majority skills toward The goal: their one American Law Student's Associa- primarily with the extension of re- of Armed Services Committee attorneys start out in a general field and specialize later." better defense of indigent prisonofficers sponsibilities of the or seonly necessary to distion, but it is The question presented here is answered without prior consultaers. This- committee made contribu- cuss the first. This amendment was lect committees, or with impleThe majority of the Bench and tions of great importance over the "individual mem- tion and consideration. The Opinion gratefully acknowledges the cana proposal establishing individual mentation of the opinions did of these prominent men. Bar are in favor of the proposal past year by its publication of a membership in the American Law bership" program. incoipcffiring the indigent prison- brochure on recruiting and the The privilege of participating in Student's Association for the stuer program into the Public De- Judge Advocate General's Corps, dents of member associations. Un- an assembly of the scope and magfenders office. However, adequate and three articles on the law proder the present arrangement every nitude of the A L S A Annual finances are needed. Once the fi- grams of each branch of the Armed student of a member association is Meeting is a great personal experinancial hurdle is overcome, the Service. This material is still avail- automatically a member of ALSA ence. The significance of such Public Defender's office of the fuable and will be kept current in upon the payment of annual dues participation is not singular for it ture will insure a fair and just following years. is now my goal to transmit and of $20.00. University of Buffalo Seal on trial ro the indigeneprisoner comof Audio-Visual Committee The amendment has been given assimilate as much of the value currently mensurate with the fundamental which one side and the scales of justice This Committee, impetus because of adesire to pro- these meetings as possible into the rights of every citizen of our com- has compiled a Legal Film Catalog, vide increased services to the in- programs and activities of our own on the other side. munity. field is to continue initiative in the dividual law student. The develop- Student Bar Association. of tape recorded material of outwilling to standing speeches and lectures. Most of us would be trade our privacy for the haul of Legal Aid and Defender fame. there' ALSA Convention Report I. 11l SCHOOL It lIS Committee Low Review Elects New Editors And Candidates for 1961-62 CUT FATALITIES The activities of this Committee At the close of the 1960-61 Law Review. They are Roger Barth, This country may have to abolSmolka, David Knoll, Walter ish week ends if the human race are to be increased and should re- school year the Law Review of Gene is lo be preserved. sult in the publication of a series the University of Buffalo Law Licatta, William DiPonceau, Tim Joseph DeMarie, Donald Liexner, Board legal of articles on both and clini- School met to elect a new Sound arguments always require cal programs and their operation of Editors from the general mem- Simet, Louis Siegel, Robert Stein less noise than weak ones. Roger Olson, all from the bership, to guide the publication and class. New candidates from through the 1961-1962 school year. Junior GunWhen the ballots were counted, the Senior class are Robert to of derman, Frank McGarry, and Miles the new board was composed traditionally senior Lanz. These men are men the new of the top academic class. Tony Polito was the holder elected on the basis of in their preceding efof the much coveted office of Edi- achievement tor-in-Chief. Bill Schulz is the new forts at the school. Division Managing Editor. The Associate The new year also finds the Law Editors elected were Terry Hayes, Review in a new office adjacent Sanford Rosenblum and Andrew to the Law Library at the school. Phelan. Appointed to the position 110 Franklin Street If one were to look into this sancof Business Manager was Marvin tuary at any time this fall, one BafMo, New York Dubin. While the rest of the student could not help but witness the agony endured by these pregnant body went about enjoying the sumSYRACUSE ROCHESTER LOCKPORT publishers as the Court of Appeals mer months, the new editors went about selecting candidates for the Issue deadline draws near. Service the Legal Profession ABSTRACT TITLE of The Title Guarantee Company $37.00 - $39.50 Lilt BOOK STORE Carrying a complete line of Horn Books Monroe Abstract & Title Corporation TAX and TITLE SEARCHES TITLE INSURANCE Phone: TL 2-0737 93 Franklin St. �October, 1961 OPINION 4 Prof. Touster Researches Under Ford Foundation Grant New Honors For Him By PAUL H. SCHWARTZ Professor Saul Touster, faculty reference to reimbursement paymember of the University of Buf- ments to non-medically trained falo Law School, is now preparing practitioners as compared with research marerial under a Ford medically trained; stare regulation and control of educational curricula Foundation Law for professional training; and judicial recognition of non-medically trained psychotherapists as expert entitled ect is witnesses. "Social Controls Research in Albany on the Practice The research, (legal and mediof Psychotheracal), is being pursued in both Bufpy in New York State", and PBOP. TOUSTEB falo and Albany; the latter city should be completed in Match or housing the State Department of 1962. The purpose of these fellow- Education where extensive research ships is to assist law teachers in the is planned. United States in expanding their The over-all objective is not to knowledge of law as it relates to do a complete area study, but to public affairs or to international use it as a prototype for future affairs and thereby to improve the studies of the inter-relation of law education of law students for pub- and the social sciences. Professor lic or international responsibilities. Touster believes that this project Basically, the project consists of will help him to develop a faa study of the legal problems in de- miliarity with the methodology of fining "psychotherapy" and of the social science, and he also hopes to procedures in New York in relation use some of this material in the to regulating its practice. New Law School curriculum: adminisYork has a medical practice act trative law and various seminar which does not expressly cover programs. The results of this project should "psychotherapy;" nor has it been construed to cover it. Under the re- interest more lawyers in the area cently adopted Psychologists' Cer- of mental health. Atpresent, a great tification Act the Board of Re- deal has been written on Law and gents has the power to define "un- Psychiatry in the criminal context. professional conduct" for "psychol- but very little iii relation to "psyogists." Whether or not psycho- chotherapy" and the Law. Professor Touster has been intherapy is included in the Board's power of control over "psycholo- terested in this field for a number gists," or how close psychotherapy of years. In April of 1957, with comes to the practice of medicine himself as chairman, he organized seem to be open issues. Conse- a conference composed of various quently, the present situation in area Doctors, Psychiatrists, and ProNew York may allow a layman ro fessors, to discuss the problem of practice in one of the numerous "Social Control of the Practice of fields of psychotherapy without Psychotherapy." In 1958 he attended a symposium at the annual adequate state regulation. Professor Touster recently re- meeting of the Psychological Assomarked that, "the study will try to ciation of Western New York on determine how and why the de- the topic of "The Regulation of cision as to what constitutes 'psy- Psychiatric Therapy." chotherapy' is made in various adBefore coming to Buffalo, Proministrative contexts; the essential fessor Touster practiced Law In effects of a decision on the distri- New York City for six years. This bution of functions and responsi- is his seventh year at the Univerbility among rhe subject profes- sity of Buffalo. Besides teaching sions; and its implications with re- Contracts and Wills, Professor spect to the competition of ideas, Touster has taught a senior seminar theories and techniques among on Law and Medicine in cooperathese professions." Attention will tion with Doctor Harold Graser. also be given to such areas as the This seminar is now being conpractices of insurance companies in ducted by Dean Jacob Hyman. Faculty Fellowship. The proj- , DENNIS & CO.. INC. Publishers and Dealers of Law Books DENNIS BUILDING 251 Main Street Buffalo 3, New York TL 2-2309 Phones TL 2-2310 | |£Z .11 Expansion Proposed for Indigent Prisoner Defense The Indigent Prisoner Defense Organization ot the University ot Buffalo Law School functions through the volunteer participation of the Students of the Law School. The purposes of the IPDO are numerous, but primarily it enables the student to acquire, at first hand, a practical know-how in the area quest for assistance to the IPDO at of criminal proceedings. The stu- the Law School. Basically, the IPDO dent, in working with practicing will continue to operate in this attorneys of Erie County, becomes manner in the future. The plan unfamiliar with the interview of inder examination is to establish a digent prisoners, contact with witcomprehensive clinical program nesses, the preparation for trial, the with the IPDO as its nucleus. To criminal trial itself, and, in some give the srudent a broader program instances, appeals of the particular in which to participate, opportunity case they have participated in. will be provided for work with atThe emphasis of the practical torneys in the office of the District aspects of the criminal law process Attorney, in the various legal offices is readily recognized by the student of the state and county, andperhaps as an invaluable experience. Work- in Federal offices. ing in cooperation with attorneys Practical experience will then be feeling for indigent prisoners, the available to the student in many of public duty is promoted which, fields in addition to criminal pracin turn, benefits the community. tice. The program, it is hoped, will To further the above aims, a give the student a general feeling committee has been formed under of preparedness for future practice, Professor JosephLaufer to examine as well as to enrich his understandproposals to broaden the scope of ing of the law school curriculum. the IPDO. This is being done so The new program will require that its benefit to both the student student participation on a greater In addition to the three new full-time faculty members who have and the local community may be scale than is now possible. The joined the Law School staff this fall, Associate Professor Wade J. enlarged. program, however, will at all times Newhouse has been selected to fill the newly created position of AssistAssistance Available be on a voluntary basis, for its aim ant Dean. Inasmuch as this year's freshman class is the largest in the At present, under the Assigned is to afford such experience to those Law School's history, the establishmember of Creighton University's Erie students interested. If the proposed County, System Council in ment of this office should enable Law School, during which period attorneys who have been assigned clinical program proves successful, the school to function with maxiwent on leave for one year to he indigent prisoner, it is forseen that students whoparto defend an mum efficiency since the adminis- Columbia Law School as a Ford and who desire the assistance of a ticipate in it will earn academic trative responsibilities will now be Scholar. Foundation law student, send a post-card re- credit to a limited degree. more evenly divided. A specialist in Constitutional Professor Newhouse, a member Law, Professor Newhouse is the is expected to set uniform policies Family for these referrals. of our faculty since 1958, received author of a volume entitled, "Con(Continued from Page One) A. Custody of Minors; Support his By A. in 19-18 from South- stitutional Uniformity and Equality age to This to 16. refers support published by University Memphis, at in State Taxation", 1 in Matrimonial Cases Presently western and his LL. B. from the University the University of Michigan Press support outside of matrimonial determinarion of legal custody and support in divorce, separation and of Michigan Law School in 1951. in 1959. In addition to his duties cases in Supreme Court. He served as research assistant at as Assistant Dean, he will conE. Paternity—Where support is; annulment cases is made by SuMichigan's Legal Research Center tinue to teach his required courses an issue, cases are heard in Chil- preme Court which has no social for two years (1951-1953). Ffoin, in International and Constitutional dren's Court or, in NYC, in Special aids. Under the new Article these Sessions (a criminal court). Legal could be referred to Family Court 1953 to 1958 he was a faculty Law. determination of paternity is made for decision, enforcement and modification of order as necessary., by Supreme. Court. Supreme Court retains Jurisdiction F. Conciliation—No such official the over marital status decrees. successfully by employed Chairman of been Callahan, procedures exist. John J. the Children's Court Committee i clinic in its approach to greater 2, which Organization of The Family Court Legislative matters community. the of the Erie County Bar Association service to This will be a statewide court. will be heard in Family Court only has recently drawn our attention to Lawyers might want to know if provided in a Family Court Act Its jurisdiction and procedures the Erie County Children's Court that generally the services of the which must be passed by the 1962 should be uniform throughout the Psychiatric Clinic. The Clink per- i Clinic are available to children Legislature. state. The Family Court Act will forms invaluable service to the from 7 to 16 years of age who establish its jurisdiction and some community. All lawyers should be have been petitioned to the court A. Guardianship of Person of procedures. Other policies will be informed of its existence, its func- as juvenile delinquents. Wayward Minors is now in County, Surdetermined by the Board of Judges tion and the scope of its services. minors in the 16 to 21 year age rogate's, Children's and Domestic which will administer the courts. The function of the Clinic, as group are sometimes referred to the Relations courts. The relationship of the judge and stated in the composite report pre- Clinic by the Children's Court B. Crimes and Offenses by the social arm of the court must pared by the staff of the Children's judges. Referrals can be made by Minors—Youth crimes come into be clearly defined. Despite its soCourt is two-fold: members of the Detention and Pro- County, General Sessions, Special cial aspects this is a court of law. " (1) to provide clinical infor- ] bation staffs, supervisors of In- Sessions, City, Town Village, Nas- The judge will be the final arbiter mation about the personality of stitutional and After Care, and sau District and NYC Magistrates, of legal rights and will direct the the child which will assist the upon occasions by private agencies. courts. Few of these have probation work of the social staff. judge to make a proper disposition, Judges of Children's Court of and social service help. Procedures The Judge and Erie County are Hon. Leon W. and handling vary. In signing re(2) to provide data on the per- Paxon and Hon. Raymond R. Nie- peal of Youth Court Act the GovAt least one judgewill be elected sonality structure of the child to mer. Both of these judges stress ernor said ". it will indeed be in each county ouside of New York be used by probation officers, de- the philosophy of "individualized appropriate to consider the City. If necessary the Legislature tention workers, parents, teachers, justice" for the children coming entire problem of handling youth may provide for additionalNjudges other interested who connection with the es- or, if work is light, may permit persons or under their jurisdiction. To achieve cases in will be working with the child." this end they draw upon the tablishment of the new Family one judge to serve the Family, Only children or minors who sciences of medicine, biology, Court." County, and Surrogate's courts. come under the jurisdiction of the sociology, psychology and psychiaC. Family Crimes are presently The term of office will be 10 Court can be eligible for the serv- try as well as the law. The work- heard in criminal courts which deal years. All judges selected in the ices provided. There is no charge ing side by side of rhe law and only with offense itself and not future must be lawyers (admitted for the psychiatric or psychological these sciences results in disposi- the underlying problem. Physical to practice for at least 5 years), services rendered to the child. tions which are remedial and to a assaulr by husband is usually in- must give full time to judicial However, if special tests are pre- certain degree preventive, rather volved.Major crimes involving seri- duties, and may not hold other scribed such as electro encephalous injuries would not be included. public or political party office. than punitive. grams, or if the child is committed 3. Referred matters which The Clinic Director is Dr. Berto the E. J. Meyer Memorial Hosnard S. Stell, who is assisted by the may be referred to Family Court Those businessmen who went to pital for observation parents are psychiatrists, Dr. Murray A. Yost, by Supreme Court. Board of Judges jail for price fixing realize now billed for these extra services ac- and Dr. Harold J. Levy, by the which will administer the courts i rhat the price was too high. cording to their ability to pay. clinical psychologists Vincent S. Jurisdiction of Court Non-Profit Org. Medola, PH.D., James T. Graley, The clinic is directly under the U. 8. Pottage M.A. and the psychiatric social jurisdiction of the Erie County worker, Catherine S. McDonough, PAID Children's Court. Included within Permit No. 311 M.S.S. the scope of the services are five Buffalo, N. Y. days of psychiatric service, the with automoservices of two full-time clinical The main trouble they turn ordinary psychologists and psychiatric social biles is that 250-horsepower workers. Although the function of damn fools into the psychiatric clinic is primarily damn fools. diagnostic, a limited program of What's so great about ambition? treatment has been in progress for all, anyone can be ambitious some time. Gratifying results After just has a little get-up-and-go. stemming from the combined use if he of chemo therapy and psychotherThere's one thing President apy indicate an expansion of the Kennedy hasn't touched on in his treatment phase of the Clinic's messages and task force reports, but function. Group therapy has also we can't think what it is. Wade J. Newhouse Named Assistant Dean of School Court ' Children's Court Offers Psychiatry — . . : . .... — ' Traditional tailoring of ahigh degree of excellencemakes this suit first choice with men of fine taste. styp (tfamjmu t&atmt opposite V. B. Campus — TF 2-3221 : — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1961-10-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 2 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/1961 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3d212b0af101faa0bfd431ef0dc7713f.pdf b42174c7624b6c044ca3171cbe88ed7b PDF Text Text OPINION UNIVERSITY Vol. 10—No. 2 OF of the BUFFALO LAW SCHOOL April, 1941 A Publication of the Student Bar Association and the Alumni Association of the School of Law The Realization of a Necessity The OPINION would like Waterfront Redevelopment By TIMOTHY C. LEIXNER and DAVID R. KNOLL It was about twenty-five years ago that a Buffalo builder with foresight undertook to make Buffalo's waterfront a more habitable area through redevelopment. He began by buying up property rights in the area, but was thwarted by economic minded property owners who took advantage of the lack of powers of condemnation that a municipal corporation would have had. Thus the flame of waterfront redevelopment ebbed low until the Housing Act of 1949, which sparked then Mayor Mruk to appoint a commission fori the study of the possibilities of re- development. In 1954, the Greater Buffalo Redevelopment Foundation was set up with William F. Denne as its first director. The Ellicott District was given first priority by the Foundation due to the intervention of the Federal Government, and consequently the Waterfront Project found itself shunted into a position of secondary importance. By 1957 theFoundation had also made recommendations for clearing up the lower Main Street area, and the waterfront was incorporated into this study. By this time, however, the funds from the Federal Government that were available to all municipalities for such redevelopment were dissipated. What remained was allocated on a formulary basis whereby Buffalo received only $2,500,000 as opposed to a request for $11,200,000 for the Waterfronr "Crossroads" Project. The $2,500,000 received was used for redevelopment of the Masten area. U. S. Laws Changed Shortly thereafter, the Federal laws were changed to permit municipalities to apply for a Va capital grant of a project's net cost as opposed to the old 2/3 capital grant, with the provision that this not be applied to any service leading up to the actual acquisition of land. With the change in the law, Buffalo's redevelopment request was changed to a Ya capital grant request and was approved by the Federal Government in 1959 for 512,000,000. By action of the Common Council, the city provided for $400,000 to be used for preliminary service. This expenditure will result in an additional $800,000 in funds from the Federal Government due to the $11,200,000 previously requested and the $12,000,-000 now available. Preliminary planning, surveying, etc., is underway and some has been completed. Acquisition appraisals, taking three months to complete have also been undertaken. The city hopes to have all of this preliminary work finished by July 1, 1961. This work will then be submitted to the Federal Government in applying for the $12,000,000 Federal capital grant. WATERFRONT REDEVELOPMENT (Continued on Page Three) Downtown Redevelopment to express its appreciation to Messrs, Robert B. Adam and C. Harry Broley for their help in compiling information for the Downtown Redevelopment article. Similar appreciation goes to Mr. William /•". Denne for his help in relation to the Waterfront Redevelopment article. By JOEL L. DANIELS and LOUIS SIEGEL If one ascends to the top of anNy relatively tall building in downtown Buffalo, and through a windoi-5W observes the site on the ground below, he will be cognizant of the ddiverse architectural patterns which the buildings present. These range fr<rom the modern Tishman Buildings clean, tall appearance with its surface:e of glass and steel rising to twenty stories, to the Eric County Hall's arclriiak splendor and the formalism of Louis Sullivan's Prudential Building,;. These and other buildings are an example of the combination known1en masse as "Downtown Buffalo." | After observing the area from ■above, an inspection from below will reveal moss encrusted walls ;and cornerstones dating back to William McKinley's inauguration. If one walks in a southerly direcjtion the condition becomes worse. jThe entire complex could easily resemble a Sinclair Lewis metropolis, e.g., George F. Babbitt's Zenith. The physical nature of the downtown area is only part of the problem. Since World War 11, Buffalo, like other cities, has been subjected to the disease of "Suburbia" and from the prodigious growth of suburban areas came another nemesis of downtown Buffalo; the Downtown of the Future ' shopping plaza. Over-Size Lots These "oversize parking lots" which provide shoppers with the ultimate of convenience, are one of the major causes of the 16% decrease in downtown retail trade since 1948. Practically every major downtown retailer is represented in the plazas. Working concurrently with suburbia in decreasing downtown retail trade is Buffalo's number of View of model looking north from Shelton Square at Niagara Street. Proposed Franklin Street, Court automobiles. The city has the highest auto registration of any city of Ramp Garage at extreme left of photograph; Downtown Plaza (center) lying between Pearl and Main its size in the United States. The Streets. Building at right (not included in plan) represents a volume equal to the 210 Pearl Street resulting parking problem is obBuilding used by Eric County. The Morgan Building at the corner of Niagara and Pearl Streets has been vious. The previous discussion notwithremoved for viewing purposes. Picture below is a view of the same scene from the street level. standing, however, Buffalo's trouble reverts to the original city planners. The downtown area "fans out" from the waterfront with intermittent "squares" and their projecting radii of streets. Instead of a standardized block by block progression, the layout of the downtown area represents a system of confusion, and consequently traffic easily becomes congested. Another problem is the type of retail market in downtown Buffalo. Delaware Avenue's so-called "exclusive" shops and the Broadway-Fillmore area with its lower price appeal deprive downtown of a large number of potential shoppers. Sattlers, for example, keeps thousands of shoppers in the Broadway-Fillmore area. The result of all these problems is uncongested sidewalk traffic in Buffalo's downtown area. Most of the great development in city planning has been accomDOWNTOWN REDEVELOPMENT (Continued on Page Four) �2 ©PINION OF THE UNIVERSITY OF BUFFALO SCHOOL OF LAW Stuart A. Gellman Joel L. Daniels Paul H. Schwartz Associate Editor Editor Robert W. ElHngson Business Manager Carl H. Dobozin Faculty Advisor Prof. David R. Kochery Editor-in-Chief Managing Editor News Staff Timothy C. Leixner, Paul H. Schwartz, Louis H. Siegel, Sanford Rosenblum, David R. Knoll. Circulation 3000 A Publication of the Student Bar Association and the Alumni Association of the School of Law — Vol. 10—No. 2 April, 1961 An Editorial A Look To The Future The University of Buffalo will become a state supported school beginning with the academic year of 1962. Just what effects this educational merger will have on the Law School is somewhat uncertain. However, it is safe to predict that a new building will be erected on the campus of the University to accommodate a larger student body. Also, the availablity of dormitory space will make the Law School more attractive to out of town students. The present full-time faculty will have to be expanded in order to correspond with the increased enrollment, and with the moving of the school to the campus from its present downtown site, the majority of our part-time professors will find it very inconvenient travelling from their offices to the school. Regarding the expected enrollment, Dean Jacob Hyman recently commented that "the future student body should be closer to the 1949-1953 average of at least 300 students." The Dean also believes that the new library will be large enough to provide space for the ever increasing volume of legal publications. The new library, which of course will be available to all lawyers in the area, will enable the researcher to find more material pertaining to local and state government. All of these proposed changes are obviously to the advantage of the Law School. Nevertheless, we hope the new building will provide better facilities in the way of a student lounge, an assembly hall and decent offices for the various student activities. On the debit side, students will not be able to clerk between class hours, nor will they have the advantages of being close to the City, County, State and Federal Courts. Moving away from the courts, however, will make little differencebecause rare is the student who walks across the street to watch a trial in progress. Present advantages notwithstanding, we definitely believe In the move to the campus. Not only because of the aforementioned, but lectures will not be interrupted by rattling garbage cans and truck drivers discussing the events of the day In the driveway next to the school. It is time at last that the Law School becomes associated with the university system as a whole. in . OPINION Self-discipline is the main factor building character. Desmond Speaks At Coffee Hour April, 1961 NewnsVi Chief Judge Student Bar Association In an attempt to facilitate the meetings of the 5.8.A., a more rigid Chief Judge Desmond of the procedure is being utilized. The round table group discussion has been New York Court of Appeals spoke discarded in favor of one seeking final parliamentary authority from here on the 16th of March at an Robert's Rules of Order. Ir is also planned to publish the agenda well informal coffee hour. The Judge emphasized the importance of the in advance of each meeting so that ganization, the faculty and area those participating may come bet- judges. development in the law student of ter prepared to discuss the issues an awareness of judicial legislaSt. Thomas More Guild under consideration. tion. He advised somewhat more interest has been demonstrated by An Honor Code Committee is On April 9, the Saint Thomas presently drafting recommenda- Guild held a Communion breakthe legal practitioners in the state. Judge Desmond took advantage tions for an honor system for use fast at which Msgr. Healy spoke on of the occasion to emphasize his at the Law School. After the rec- the topic "A Catholic Looks at Laommendations are drafted they will bor Law." Mass was held at St. "dream," an integrated bar. He be presented to the Board of Di- Louis Church, Serving as Co-Chairpointed out that two thirds of the of the event were Dan Barry lawyers in the state belong to no rectors for further consideration. men bar at all. The natural result is that The final draft will then be pre- and James Walsh. Hon. Charles S. Desmond Officers chosen for the 1961the legal profession carries surprissented to the students for acceptingly little weight as a pressure -1962 school year are Dan Barry, ance or rejection. group, when it comes to support- Notable Record of The most important item pres- Chairman; James Walsh, Vice Ronald Nowak, Secreing or opposing legislation in the 1960 Graduating Class ently on the agenda of the S. B. A. Chairman; tary; and Tony Noto, Treasurer. State House. running of the Annual Baris the The Judge also forecast a day in Eighty-one percent of the 1960 Law Review the future that will see a four-year graduating class of the University of rister's Ball. A change in format has been planned for this year's The Buffalo Law Review held law school, with the last year deBuffalo Law School have at present event due primarily to the exces- its tenth annual dinner on April voted to a clinical approach to law been admitted to the Bar. Of the sive and, in some cases, prohibitive 11, 1961 at the Park Ridge Resstudy. The affair, sponsored by the Cof- eight remaining, four have passed costs of the evening which had taurant. Cocktails preceded the dinfee Hour Committee, was attended one half. This represents the best been experienced in prior years. In ner, at which Mr. Patrick H. Hodgby 90 members of the student body record of any class to date at the hopes of affording everyone an op- son, President-Elect of The Erie portunity to attend this year, tick- County Bar Association was the and faculty. Law School. ets will be $10.00 per couple (as guest speaker. compared to $15.00 last year) and Coffee Hour dress will be semiformal. In 1959 the first "coffee hour" The ball will be held April 22, was held at the University of BufAny one watching WBEN-TV Channel 4 on Sunday at four P. M. at the University Club, 546 Dela- falo Law School. Since that time, from March 5 to April 2 or 1:30 P. M. from April 2 to May 7 would ware Avenue. Cocktails will be it has continued to function and setved from 8 to 9:30; dancing due to an excellent response from have observed that a live television play suddenly was commencing before their eyes. As the plot, whether humorous or dramatic, from 9:30 to ? A buffet dinner the student body, it appears that will be served between 10 and 12, its success is assured in the future. thickened to the point that their interest was aroused, the play be- place where the public can air their During intermission, awards will Although the coffee hour is relapresented to those seniors who tively new here, it is not unique to comes temporarily interrupted and grievances (real or fancied) against be have been elected to the Student this school and many of the leadan announcer informs us that lawyers, is another instrument of Bar Association. public relations. ing law schools throughout the WBEN-TV is presenting another one of the award winning series The Bar Association this year Plans are also under way to hold country embrace it as an important of a has embarked the Ball the Contest; on two new apQueen of legal dramas entitled, "The Law part of their school life. proaches in public relations. The winner to be selected from the Basically, the coffee hour is deand You." ladies attendance. in mounting young signed to help broaden the law first the and was Following the announcement, manIndigent Prisoner Defense student by providing him with the which also informs the public that ning of a display in the Buffalo Organization opportunity to hear and question the program is produced with the Home Show which took place from cooperation of the Bar Association April 6 to April 16th, at the ArmThe IPDO is contemplating the leaders in the fields of business, of Erie County, the camera focuses ory at Masten Avenue. The display, development of a new program de- medicine, education, labor, etc. It on a moderator and expert, usually which was on loan from the New signed to enable students to work is felt that since the lawyer is so a judge, who discusses the area of York State Bat Association, called more closely with a number of at- often called upon to play an active law into which the play will re- attention to the services which at- torneys who are members of the role in community affairs, ir is desolve, such as negligence, real es- torneys render to .clients. Pamph- Erie County Bar Association In- sirable during the student years to tate, taxes, patents, criminal law, lets on Wills and Estates, Real digent Prisoner Committee. It is give him an introduction to the etc. The play then resumes to a Property, and the role of the law- anticipated that some students will problems concerning these nonpoint where the actors seek legal yer as well as Lawyer Reference be assigned to the District Attor- legal areas in order that he will counsel. Again the moderator and was distributed from this booth by ney's Office to assist in Appellate be better prepared to meet this expert discuss the points raised by two attorneys during the day time work. Others will be assigned to responsibility. the plot. Then the setting changes and three at night. Many thousands Children's Court and the City CorThe coffee hours are under the poration Council's Office. Profes- sponsorship of the Student Bar Asto the lawyers' offices where the of persons visited the booth. The other venture has been initi- sor Joseph Laufer of the Law sociation with Michael Suhalla matter is discussed between the actors and their various attorneys, ated by the Real Property Com- School and Mr. Joseph Mintz, of presently serving as Chairman. interrupted intermittently by a re- mittee and consists of placing an the Public Defender's Office, are turn to the moderator and expert ad in the Real Estate Ad section assisting the members in setting A New York judge ruled that if for comment. jj two women behind you at the of the newspapers, inviting persons up the new program. movies insist on discussing the way In this entertaining and dramatic interested in buying a house to In April, the IPDO will hold its the picture will come out, you have fashion, the Bar Association has write or call the Bar Association annual cocktail party which will the right to turn around and blow them, been able to alert the general pub- for a free pamphlet on buying real be attended by members of the or- a Bronx cheer atParade Magazine lic to recognize areas or danger property. The response to this ad has very conduct been rewarding. signs in the of their lives or affairs which give rise to the Other programs now being need for legal assistance. planned involve increased activity in the newspapers, radio and teleMany Activities This program, however, is but vision, for there is a constant need one of a number of public rela- to make the public aware of it:, tions activities in which the Bar need of legal assistance and to is engaged. A speaker's Bureau dispel the ancient and unfair dismaintained by the Bar Association trust that many of the public have TAX and TITLE SEARCHES addresses many groups throughout concerning lawyers, their conduct, the County each year. Law Day ethics, and fees. TITLE INSURANCE programs alert the public to the To recognize this fact and to need for and the blessing of the work for this goal will benefit the Rule of law. Bar Association Head- public, which should have legal quarters, itself by acting as an In- assistance as well as the lawyers, Phone: TL 2-0737 93 Franklin St. termediary between the lawyers and and should be the aim of all lawthe public, furnishing as it does a yers and all bar associations. Bar Association Steps Up Public Relations Program — Monroe Abstract & Title Corporation �April, 1941 3 OPINION Waterfront Mayoralty Succession Case to Be Heard by Court of Appeals Redevelopment (Continued From Page One) By SANFORD ROSENBLUM If this is approved (approval at The present Charter of the City of Buffalo was enacted in 1927 this point is a mere technicality), pursuant to the City Home Rule of the State of New York. (Laws of acquisition of land will begin. The 1924, Chap. 363). This Charter was enacted by virtue of the vote of remainder of the funds will be the electorate of Buffalo. Prior to its enactment, the Charter Commission, used for clearing the area and the headed by the late Hon. Daniel J. 18 of the City land will then be sold to private Kenefick, stated in an address to ply with Section Rule Law, by preparing an developers who will do the actual the people that: "Any mayor Home abstract of the local law to be construction and own the land and elected under our proposed charter placed on the voting machines in buildings. for a full term is ineligible to sucThe problems in a plan of this Buffalo at the next general elecceed himself." The Commission scale are many, but one of the tion. listed its reasons for this policy, In an opinion reported in 22 more pressing is that of the reloca". official conduct to have 2d 208, 199 N.Y.S. 2d 22, tion of presently existing industrial Misc. guided by the desire to do right Mr. Justice O'Brien denied the ap- plants. Although to many this area and not controlled and misdirected plication of Mr. Benzow and dis- may appear to be no more than a by a desire to continue in office, missed the proceeding. The court slum, it is in fact the home of and to open the way for others, agreed with the contention of the multi-million dollar industries. In and equally competent willing to plaintiff that the local law changed order to prevent the loss to Buffalo serve and perhaps more progres- "the law of succession to the may- of these industries, they will be resive." The Commission stressed the oralty" and thus came within the located in a proposed industrial fact that ". outside of the control meaning of subdivision 3 of Sec- park within the city limits. A part of the financial affairs of the city, tion 15 of the City Home Rule of the land for this park is already we have made him (the mayor) Law, supra, requiring a mandatory owned by the city and the rest will largely responsible, at least after referendum in the event of such be acquired in the near future. The 1930, for the administrative side a change. However, the court fur- cost of this relocation will be borne of the government," and concluded ther held that the original enact- by the city with the help of govthat because of the large powers ment, making a mayor ineligible to ernment capital grants, given on available to the mayor and his succeed himself, under present the same basis as the funds for the ability to consolidate his position conditions, was arbitrary and un- project itself. while in office, he should be made constitutional. The result of all of this grandiineligible to succeed himself. UnThe Appellate Division, in a per ose planning should be a series of der the Charter of 1927, Section curiam opinion reported at 209 middle and upper middle priced 62, this policy was given effect. N.Y.S. 2d 364, affirmed the order apartments and a limited number In December, 1959, the Com- of Special Term, thus dismissing of high priced, individual "Town mon Council, by a majority vote, the petition of Mr. Benzow. How- Houses." Farthest from the river passed a local law purporting to ever, it is notable that although the will be high level apartment amend Section 62 of the charter so court above agreed with Special houses. Next will be low, multiple as to permit a mayor to succeed Term's determination, it did not dwelling units, and closest to the himself. Subsequently, on January agree with the reasons advanced river will be the "Town Houses." 4, 1960, the Mayor of Buffalo ap- for the denial of the petition. Tak- Also included in the plans are recproved this local law. Roland Ben- ing a position contrary to the court reation areas, yacht clubs, a public zow, individually and as District below, the Appellate Division held marina, a convention motel, and Councilman of the City of Buffalo that ". it (is) no more uncon- a shopping area for the residents. took the position that the proposed stitutional to provide against con- The project that is most radical, law was subject to mandatory ref- secutive terms in office by one man, even in the eyes of the planners, erendum, under Section 15, subdi- than it is, pursuant to the provision is a man-made island, connected to visions 3 & 4, of the City Home of the local law, to permit a mayor the mainland by two bridges, and Rule Law. These paragraphs read again to be a candidate for the housing an outdoor ampitheater. as follows: office immediately upon the ter- The expected date of completion Except as otherwise pro". mination of his first term." But the has not yet been determined, but vided by or under the authority of an act of the legislature, court also concluded that neither construction will soon follow the a local law shall be subject to subdivision 3 or 4 of Section 15 of acquisition of the land, which will mandatory referendum if it: the City Home Rule Law applied begin as soon as the Federal capi"3. Changes the law of succesJto the proposed change in the local tal grant is rubber-stamped. sion to the mayoralty if the law. The court's view was that the office is an elective office. words "law of succession" as they new law is still four years, the term "4. Abolishes an elective office, or changes the method of appear in subdivision 3, referred referred to in subdivision 4 renominating, electing or removonly to the filling of a vacancy in mained the same. ing an elective officer, or changes the term of an elecoffice during the incumbency of a Pattern Emerges tive office (emphasis added) during his term of office." mayor. The court concluded that If subdivisions 1-6 of Section 15 find broader no The respondents, the City Clerk it could construc- of the City Home Rule Law are and the Corporation Counsel of the tion for the term "law of succes- examined, there emerges a pattern City of took the sion" either the Buffalo Buffalo, in City position of requirements for mandatory refthat the proposed local law was Charter or in the City Home Rule erendums for every change in the subject referenLaw. As for subdivision the 4, to mandatory court City Charter affecting selection and not dum. Accordingly, Benzow brought stated that the local law was clearly powers of the elective officers and a proceeding under Article 78 of indicative that it was not one which especially the mayor of the city. the Civil Practice Act in the nature "changes the term of an elective The instant case seems to fall of mandamus, seeking an order office." The court reasoned that within the scope of these subdividirecting the respondents to com- since the term of mayor under the sions. In addition, these paragraphs may well be viewed as exhibiting an intention to ascertain commun- . .. . - . .. 1 : ., Service to the Legal Profession ABSTRACT TITLE of The Title Guarantee Company Division ■ SYRACUSE 110 Franklin Street Buffalo, New York ROCHESTER LOCKPORT i ity feelings on important changes in governmental structure. Thus, it is immaterial that when subdivision 3 was written, attention may have primarily been centered on preventing an elective mayor from being succeeded by a nonelective official. If it had been desired to continue the requirements of referendum to filling of vacancies, it could easily have been so stated. As it was, this was not spelled out, nor is it implicit in the terms of the subdivision. It has been argued by some that the people, at the next mayoral The Trend in Law School Curriculum By PAUL H. SCHWARTZ There has been much criticism in the past regarding the curriculum in the law schools, and, as of late, it appears to be rising in pitch. One such criticism appeared in an article in the February, 1961 issue of the ABA Journal by J. H. Landman. Mr. Landman's premise is that the curriculum is inadequate to pre- vantages of the problem method pare the student for practice, which as follows: is of prime importance. While ad1. It allows students to think vocating change, he denies that it along the lines of practicing attornecessitates extending the course when presented with a new of study or post-graduate work. neys problem; The present curriculum, familiar 2. It shows the student he canmainly all law is the students, to not rely on abbreviated case decase method of study. Prior to the cisions but must research the probcase method, the curriculum con- lem; sisted of lectures and text study. 3. In his research, he becomes The birth of the case method at aware of the law in his jurisdicHarvard Law School, in 1870, as tion; introduced by Professor Langdell, 4. It teaches him research habits; was painful. The students resisted 5. It trains the student to preand Langdell was severely criticonvincing memoranda of law; cized. A breach among the faculty pare 6. It provides writing experiat Columbia Law School, as to method, was strong enough to ence; 7. It helps to assimilate all cause the staunch supporters of the text-lecture method to defect and branches of the law; 8. It is a more workable teachorganize theNew York Law School in 1891. In time, even this outpost ing technique and is less time conof text-lecture method yielded to! suming. Mr. Landman feels that the stuthe widely adopted case method. Today, the case method is more i dent should be learning a profesthan mere study of appellate de- sion while in law school, and thus cisions. As even Langdell realized, should be preparing for the practhis does not give a mastery of at tice of law. He contends that "many legal subject. Realizing this, Lang- ■ of our young law graduates are a dell published his own texts to sup- menace to their clients and society." plement his casebooks. The case It is Mr. Landman's belief that the method alone is unworkable, and inadequacy of the young law gradtoday the student's books are en- uates is due to the inadequacy of the curriculum. The author states titled "Cases and Materials." Mr. Landman, who recently re- that the need and prevalence of the tired as Professor of Tax Law att bar review courses is the greatest the New York University Lawi condemnation of our legal educaSchool, has sought to introduce the-2 tional system. The law schools, by problem method to replace the! condoning the review courses, adcase method. He states that it is s mit their failure to prepare their far more fruitful for the studentt graduates for the bar examination and claims it has received wide ac- which, in turn, is a preparation for ceptance in second and third year the practice of law. law courses. The case method is certainly The problem method, as he out- ■ deeply entrenched in the curriculines it, directs students to decis- ■ lum of our law schools, but the ions, texts, and other materials to) problem method has been gaining aid them in seeking a solution to a i increasing support. Of course, the problem. It also involves classroom i problem method will require more discussion of nonassigned and as- ■ perfection. It will be interesting to signed problems, with written termi see under which method case, problem, or a combination of the papers and research projects. Advantages Listed two—our children will study the Mr. Landman outlines the ad-■ law. ., - - > 1 : — election, will have the opportunity in a referendum, the danger of a to refuse election to the mayor clouding of issues which accomtrying to succeed himself, were a panies a mayoralty race in a closelyreferendum on the proposed law divided city such as Buffalo would to be denied. This is no answer to i be somewhat mitigated. In any case, the present controthe present question. The situation is one requiring electoral action on versy will soon be presented for the attention of the Court of Apchanges in governmental structure, apart from personalities. Although peals. Leave to appeal has been there is little doubt that personali- granted, and a decision in this case ties would come into question even i is expected shortly. , DENNIS & CO., INC. Publishers and Dealers of Law Books DENNIS BUILDING 251 Main Street Buffalo 3, New York TL 2-2309 Phones TL 2-2310 11 £j-j -|j_ �April, 1961 opinion; 4 Downtown Redevelopment ~r" Non-Profit Org. U. S. Postage make the Little Report a reality. city is very enthused, not only beThe report contains a compre- cause of the physical change, but PAID plished by the giants, e.g., PittsPermit No. 311 hensive statistical analysis of down- because of the real estate tax asburgh and Philadelphia. Even Buffalo, N. Y. town Buffalo's problems, complete sessment, which will tend to inToronto is now a metropolis with with a new architectural plan. crease the tax base to the city. This the cosmopolitan atmosphere of Thousands of housewives were is important, as downtown BufNew York City. Large financialin- asked the hows and whys of their falo's real estate tax dollar has terests and a nucleus of determined shopping problems and just what been decreasing steadily, and these individuals account for these inthey would like to have in the way added funds will fill some of the novations. of a modern downtown shopping holes in the city's coffers. TheCorBuffalo hopes to become one of poration can resort to comdemnaarea. these revitalized cities. The long The corporation envisions a long tion proceedings to gain the land suffering of downtown's retailers will in the event of an obstinate land will be alleviated by a modern sys- range building program which encompass practically all of the owner, but nV\ so far, has been tem of planning soon to be conunnecessary and will likely remain summated into a smart, modern, downtown shopping area. Soon to so. phase. organized system of buildings be constructed is the first When this renovation takes place new set aimed to attract the retail dollar. This calls for a completely of buildings between Shelton in other cities, a major problem is just who will occupy all forts to accomplish recommendaCreated in 1951 Square, Main and Court, Pearl and always the lost sales while present cernmg In 1951 the Redevelopment Court and Pearl south to Shelton sites are demolished and new ones of the new buildings. There is a tions in the Arthur D. Little ReFoundation was created. This or- Square, exclusive of the Liberty constructed. This is often serious strong likelihood that the majority port. He said Buffalo faces 'an upganization, headed by Melvin Bank Building. The funds are to be enough to curtail such a project in- are to be firms which have pre- hill fight' for the continued exBaker, urged urban renewal. It provided by private sources. This definitely. The Corporation seems viously occupied this area. Some istence of the downtown commerachieved success in 1953 when means working with a huge diet of to have this problem solved. The may be from out of town and the cial area. He urged that 'we move remainder perhaps will be from quickly, within a year, to work Mayor Joseph Mruk appointed the funds without federal or state sup- old Adam, Meldrum and Anderson suburban areas. out methods of accomplishing reRedevelopment Commission to inKleinhans, being port. Approximately $20,000,000 is store opposite vestigate the possibility of urban needed to complete the construction empty, will provide the space for The effect of this project on the newal. renewal. In 1959 the Foundation which will begin as soon as the land the beginning of the project with- rest of downtown, i.e., the probable "He described Buffalo's downwas reorganized with Charles H. buying negotiations are completed. out any sales loss. As soon as con- loss of sales north of Court, has town situation as 'much more critiDiefendorf as chairman and George :The corporation will own all the struction covering that site is fur- been brought to the attention of cal than Rochester's.' Buffalo's cenA. Newbury as its president. This land and proposes to lease space in nished, the new occupants will the Corporation, but it is felt that tral business district accounts for r group's actionresulted in the draft- the new buildings move in, leaving their old spaces to this new physical plant should less than 20 h of the general merto retailers and ing of the Arthur D. Little Repott, other service businesses. Those who be torn down. This process will be stimulate more shoppers into the chandise volume in the metropoliwhose findings were presented to lose their present sites are to have repeated until the construction is entire downtown and increase the tan area, compared to almost 70% the city in December of 1960. The preference as to the leased pro- completed. This entire phase should area's accumulated percentage of in Rochester." It is incumbent on this city to name of the group was then perty. Almost 550,000 square feet take approximately twenty months. Buffalo's retail dollar. If this plan realize the importance of this prochanged to the Greater Buffalo of is successful it shouldencourage the Street Close Eagle rentable be availto will space net ject. If this plan is indefinitely postDevelopment Foundation, who apable. The amount per square foot The central core of the project other stores to follow a similiar poned or rejected Buffalo will fall pointed six committees, one of has not been computed. is a plaza and an office building on plan. Therefore, this is a boon far behind other cities who have which concerned itself exclusively jthe west side of Main between the tather than a detriment to the already accepted Main Difficulty accomplished with the downtown area. Robert B. Liberty Bank Building on the stores north and south of the pro- similiar projects. and The entire planThe primary difficulty is, as can north, Shelton Square on the south ject. Adam, president of Adam, Meldrum and Anderson, was designated readily be observed, a means to and Pearl on the west. Eagle, west The city planning engineers who should have a catalytic effect in chairman. fhis rorratTitre* branched finance the operation. However, of Main will be closed. The pur- helped prepare the Little Report revitalizing the city. The people of this city must be shown that this out with an organization known as with most of the major retailers pose of the plaza is to generate mentioned the problem of the loca- is not merely an architect's dream,, the Downtown Buffalo Develop- and the banks behind this operapedestrian traffic. Diverse types tion of the governmental agencies but an actual reality. ment Corporation, a private con- tion, a large portion of the money of retail merchandise will be avail- of Buffalo and Erie County. It is cern with Mr. Adam as its presi- is within reach of the Corporation. able from the individual tenants in socially and economically expedient Lincoln Law Club dent. This corporation plans to The present administration of the the plaza. In the center of the plaza to have these agencies consolidated Elects New Members the plan calls for a multi-story into one area. At present they are building, designed for a department somewhat scattered. By using the In February, the Lincoln Law store or wide range specialty shop. City Hall area around Niagara Club received into membership Between the plaza and the Liberty Square as a core, acquiring Town- those students comprising the Have Your Undergraduate Bank will be a 15 story office build- send Hall and developing the south Board of Editors of the University ing, to be pre-leased, probably by side of Niagara square, this con- of Buffalo Law Review. The new Seal on One Side and the an area banking firm. This is the solidation could be consummated. members are Daniel Cohen, Stuart Law School on the Other only office building under consider- It is needless to point to the grow- Gellman, Charles Graney, Alexation because the marketability of ing importance of governmental ander Manson, William Niese and. new office space in downtown Buf- facilities in an ever expanding com- Harold Schroeder. munity. To have a section of the falo has little appeal. STUDENT BAR ASSOCIATION To overcome the obvious park- overall plan reserved for governing problem and to give the project mental agencies is in the better inthe atmosphere of a plaza, adequate terests of the entire community. facilities will be available. A ramp This entire plan can do nothing garage on Court between Franklin but benefit Buffalo. Besides the Complete Line of Pens and Leather Goods and Pearl, providing room for 620 obvious physical and economic cars, plus the present existing changes, the citizenry's sense of ramp on Washington and Eagle civic pride should increase imlocated on the eastern side of the measurably. The forebodings and project, should alleviate most of the innuendoes in the minds of the problem of parking. This will al- majority of Buffalonians every time low pedestrian traffic to flow in they think of their city as ever southeast pattern really doing anything is quite apa northwest through the heart of the retail area. parent. (This is the reason for the Convenient Parking If career planning has you in a "Boost Buffalo" campaign which the fix, maybe you should investigate The designers also propose a Chamber of Commercehas started). the many advantages of life large turnover retail firm, such as This detrimental intangible should 222 West 23rd Street,New York I I, N. Y. insurance selling. It may be right in your line. a drug store or a similar establish- be obviated when the ground for Provident Mutual is looking for ment, to occupy part of the street this project is broken. the college man with ability and level of the Franklin ramp. This In a recent issue of the Buffalo Minutes from all Bar Review Courses as imagination—we don't need type of firm can compete favorably Evening News, Mr. C. Harry Broexperience. And if you're interested in actual sales training, you well as all points of interest and offer a substantial drawing ley, assistant to Charles H. Diefengetstarted now—while you're can factor for the entire plaza. The dorf, (Chairman, Greater Buffalo still in college. close proximity of parking to the Development Foundation), comFor further information contact retail outlets will also afford the mented on the urban renewal in C. ROBERT WHITE pleasure of shopping without hav- relation to the city of Rochester's And ASSOCIATES STANLEY BARD, Director of Sales ing to cope with much of Buffalo's Municipal Plaza; "Compared with Suite 1602 10 Lafayette Sq. inclement weather conditions. Buffalo late Rochester, was getting TL 6-3887 CH-33700 Since the procurement of future under way on downtown renewal PROVIDENT MUTUAL tenants is still being negotiated, rhinking. The time factor is exLife Insurance Company nothing definite can be said contremely important' in Buffalo's ef of Philadelphia (Continued from Page One) SCHOOL RINGS o«fy *3X,00 BOOK STORE DOW IH SPECIAL STUDENT RATES HOTEL CHELSEA - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1961-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 10 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1961 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aa50c9258b07857269a2c529d317514d.pdf 6a2c4098db2d82ff88c3b090d1f3e38f PDF Text Text OPINION of the UNIVERSITY OF BUFFALO LAW SCHOOL Vol. 10—No. I . December, 1960 A Publication of the Student Bar Association and the Alumni Association of the School of Law New York State Procedural Revision Almost Complete Coogan Elected Graduate Legal Education: President of SBA Present and Future By JOEL L. DANIELS Russell D. Coogan, a juniorat the University of Buffalo Law School, was electedPresident of the Student Bar Association for 1961. The elected representatives of the freshman class are Mrs. Josephine Procknal, Peter Fiorella, James Grabowski and George Markarian. Those elected as Junior Representatives are Phillip Burke, Phillip Brothman, Edward McKenzie and Robert Gunderman. The "OPINION" would like to express its appreciation to Attorney James 0. Moore, Jr. for helping to supply much of the information inctutied in the following article.) By STUART A. GELLMAN In the early years of this past decade, a high school education was mperative to those having a proclivity for success. In recent years this vas extended to include a college education. But educational needs will lot stop here in future years. Many of us will witness the time when a graduate college education will cease to be desirable, but gradualy become a necessity. This constant advance in educational needs has The proposed revision of New York State's Civil Practice Act is attorneys and law students. There has been no complete revision of practice in this state since the Field Code of 1848. If this Act is passed by the Legislature it tlso been felt in the law. will become effective in 1963, and result in strong modificationsof our Just prior to the latter 1800's, legal education did not take place present procedural system. The numerous specific changes warrant a in the colleges, but in law offices, under an apprenticeship system. But careful analysis and are too great to be completely listed in detail.Neversociety's complexities necessitated such an education to be achieved in theless, because of the importance of this change, it is imperative that organized, methodical legal instituour readers have a basic understanding of the purposes, history and tions. Today, more than 90 years Prof. Kaplan on GermanProcedure general scope of the proposed revision. later, we find that a three year legal education may not be enough. In 1953, upon a recommenda--; tion of the Governor, the Legisla- Mitchell Lecture The purpose of this article is to of New York created ture the show not only why such an ad"Tweed Commission," under the vanced education may one day beBy BARBARA J. ROGERS direction of Harrison Tweed. One come necessary, but also what is of the mandates given this combeing done today to provide what On November 15th, 1960, the mission by the Legislature was to will be needed tomorrow. The repropose a revision and simplifica- University of Buffalo Law School mainder of this article reveals facts tion of existing practice as well as held its 7th Annual Mitchell Lecthis author has elicited from a corthe enlargement and location of ture with Mr. Benjamin Kaplan, respondence with the Deans of nine procedural rule-making power. To Professor of Law at Harvard Uniprominent legal institutions. The aid in this herculean task, the Com- versity, as its main speaker. These figures below show the comparison sponsored by lectures the widare mission appointed an Advisory between the number of students ow of the late McCormick Committee of practicing attorneys James and practitioners studying beyond was past the needs of an LL.B. in 1949 with to study the best methods of attack- Mitchell. Mr. Mitchell of Council of the Chairman the ing the problem. This Commission University of Buffalo. The purpose School 1959 hired Prof. Jack Weinstein of the 1949 Distinguished Harvard University Professor speaks. New York 673 840 Columbia School of Law, who in of these annual lectures is to proColumbia an opportunity vide for students JUL assembled staff of law * turn a pro5-13' Pennsylvania 57% of Graduating * Yale 10 37 fessors to help in studying the pre- to gain new insights and broader Class Pass Bar Harvard 32 80 prospectives the field of law. To in of one which is Prosystem, sent California None 12 fessor David Kochery of the Uni- carry out this purpose, a distinLast year's graduating class Northwestern 12-15 6-10 guished professor is invited to the from the University of Buffalo Georgetown' 53 versity of Buffalo. 242 of The Bar Association Erie was 57% successful in passing Michigan 50 50 Professor Weinstein's committee law school each year to speak on a County is currently engaged in two the Bar exam, compiling the high* Figures Unavailable studied in detail other systems of particular phase of the law. est percentage in recent years. designed keep members to activities As be the increase noted, will procedure and compared them with Mr. Kaplan received his A.B. of the bar well informed as to the, Those passing were: Joseph M. Augustine, Herbert is not as impressive numerically as our own in relation to practice and from City College of New York, latest happenings in the profession. jH. Blumberg, James M. Buckley, it is percentagewise. Ir must be rules. Their purpose was to com- and his LL.B. from Columbia One of these is the publishing of Peter L. Curtiss, Philip B. Dat- noted however, that at the close of pose a modern system of practice by University, where he was edi- a monthly paper known as "The |tilo, David C. Fielding, Henry G. World 11, over half of the graduate John C. Lombardo, John <Gossel, adopting new sections and discard- tor of the Columbia Law Review Bulletin", and the other is conduct-1 IE. Mariano and Anthony D. Pa- law students in the United States ing those which appeared to be from 1931-1933. He was admitted ing various forums, the current one j irone. enrolled were in just one university, Also passing were Roger E. Pyle, antiquated. Through endless hear- to the New York Bar in 1934 and dealing with federal taxation. that being New York University. ■ Leroy Ramsey, T. Mario J. RosCity and New York until I ings and re-hearings consulta- practiced in The Bulletin setti, Eugene W. Salisbury, Jo- A further analysis of these figures tions with insurance companies, 1942. He served in the army from The new "Bulletin" is a monthly seph F. Shramek, Gerson L. Sleinmay only become meaningful in the lawyers and host of other that date until and has been 1946, plaintiff a publication in newspaper form haus, Donald L. Summer, Gary A. light of the objectives of graduate prejudiced groups, the proposed re- at Harvard since 1948. Mr. Kap- that replaces the old "Bulletin", a| Sunshine, Vincent R. Veltre, Alan IH. Vogt and Roger J. Wittig. visions were opened to arbitration jlans teachings encompass a wide small, glossy magazine that came j GRADUATE except[ until the committee decided that and diversified area, covering such out at irregular intervals several I can resist everything (Continued on Page Four) 1 temptation. Wilde Oscar the Act was ready for legislative topics as copyrights and unfair times a year. study. The next session of the Leg- I competition, equitable remedies, The "Bulletin" has several pura islature will consider its enactment. contracts, personal and real prop- poses which hasoldnecessitated paper. The revision of the | erty, trusts, and legal problems of new paper 150 Sections will contain more and publishers. He is also articles on fellow members of the The new Civil Practice Act con- jauthors Association, try to maintain good The Editor and Staff if sists of approximately 150 sec- Iwell known in the area of civil public relations within the organitions which the Legislature could ! procedure, collaborating with R. H. zation, provide a means of com- j of law Field, at munication through a "letters to j also a professor amend at its discretion. The supof the University, in writing a the editor" column, and report in | plemental Rules of Civil Procedure I Harvard or digest form the unreported toto casebook federal He on procedure. consist of some 400 Rules to be en- ■ decisions in this area. a on Copy- i j The last function is felt to be acted by the Legislature only in an has co-authored book Unfair Competition with. the most important feature of the right and original capacity. The power to "Bulletin" that wns lacking in the, of the U. of B. Law School K. amend and supplement these Rules R. S. Brown, professor of law at!i old one. There is no other source! University. Yale for this material Thus there has, is to bs in a special rule-making interest in this project from been lecture Kaplan's The of as well as the and text Mr. Faculty body, preferably a Judicial Confer£ Bar Associations outside of Erie ence composed of various New Idealt with the procedural system County. Plans now include the; yearly index as a briefly of He disprinting of Germany. West York State Judges. This is the to. Student Body wish you a most joyous i il? rules; these cases. This outside in-j supreme purpose of the revision. cussed the background of the ! terest may make il necessary for a I large and the historical factors that subscription charged rate lo be to The main desire is to restore to HOLIDAY SEASON i W the courts of New York State the were responsible for the main ! people outside of the Association who desire copies. historic and traditional power of themes of their procedural system., j The problem facing the "Bulletin" Sj and all the promulgating the rules that will The Professor discussed the sum-1 is not lack of material, but lack of and so the Association is govern practice and procedure in mons, pleadings, proof-taking, and [space, considering enlarging it in size or BEST FOR I 96 I A those courts. Consequently, the appellate review. in the number of pages. Another The divergence between the pro- 1desired change is a new name. The Legislature cannot concern itself drawing the pernicious attention of both practicing Features Kaplan Bar Association Steps up Activity , . 5f J CPINBCN ' ': C P. A. REVISION (Continued On Page Four) MITCHELL LECTURE On Page Two) (Continued BAR ASSOCIATION (Continued On Page Three) 1 �2 . OPINION i I INH N New Four Year Program OF THE UNIVERSITY OF BUFFALO SCHOOL OF LAW VNiewns Is Progressing Steadily December, 1960 Mitchell Lecture (Continued from Page One) Law Review cedural system of that country with Volume 10, No. 1 will soon be By PETER J. FIORELLA end LOUIS SIEGEL finished. This is the Law Review's our own was made apparent in evThe academic year of 1960-61 will introduce changes in the cur- annual Court of Appeals issue. The Managing Editor Joel L. Daniels ery stage of a lawsuit. In West Associate Editor Peter J. Fiorella riculum in hopes of bringing about a clearer, more concise and in gen- Spring issue is tentatively being News Editor Robert W. Ellingson eral more encompassing program for today's law students. But perhaps planned as a symposium on some Germany, the conference between legal problems Business Manager Carl H. Dobozin of the involved in the most significant change within the past few years has been a four the use of water. Four leading the judge, the parties and their atFaculty Advisor Prof. David R. Kochery year program for the study of law, articles, authored by professors of torneys is the vital element, and ina being without detriment the Staff to law, plus student work by those initiated by the University of Bufgeneral picture of legal education, on the Review will attempt to at formality is the keynote. These conTimothy C. Leixner, Paul H. Schwartz. Louis H. Siegel. Barbara J. Rogers, falo Law School, under the guid- we must take into least touch on some of the major ferences are somewhat analogous the account David R. Knoll. ance of Dean Hyman, and Proproblems in this area. to our own pre-trial conferences, Circulation 3000 fessors Kochery and Newhouse. It philosophy of the study of law as Student Bar Association seen through the eyes of thealumni, of which is to conA Publication of the Student Bar is a dynamic new program. Social events head the list of the the purpose Association and the Alumni students, faculty and laymen. Association's immediate plans. On stantly reduce the issues until perBecause the Law School has alAssociation of the School of Law t December 23, they will sponsor the Outside Work Deplored ways had a large proportion of its annual Law School Christmas par- haps no trial becomes necessary. Vol. 10 No, 1 December, 1960 students engaged in outside emIt is acknowledged that in the ly at Leonardo's Restaurant and on The pleadings themselves are used April 22, the highlight of the social merely to expedite the conferences ployment while attempting to carry i experience of those who have season at the Law School, the BarEditorial a full schedule at school, it was felt studied, practiced or taught law, rister's Ball, has been scheduled at and no motions are directed towards them. They recite a narrative "Tale of Two Cities" that some plan had to be inaugu- outside work is not conducive to the University Club. of acts with a prayer for relief. rated under which those students law study. Not only does the work- Indigent Prisoner Defease The Buffalo Chamber of ComProof-taking also differs noticeably COuid continue their employment ing student often have less than the Organization merce is conducting a campaign without serious detriment The Indigent Prisoner Defense from that of the UnitedStates. The to their essential minimum of study time, Organization has received numerthat goes to the heart of the one studies. Especially so since the Law but he also often suffers from lack ous complimentary letters regardGerman attorney can avail himself glaring deficiency in the Buffalo School was prompted to re-evaluate of close contact with his fellow ing the efforts of several of its of no coercive discovery means and area. Perhaps if we examine a reits program in regard to this prob- students, and from lack of oppor- members during this first semescannot talk freely with prospective cent incident we will see the need ter. Those receiving such letters are for the "Boost Buffalo" campaign. lem by the American Bar Associa- tunity to take advantage of those should be congratulated for their witnesses. Indeed, the witnesses of his legal education which active and enthusiastic participa- completely unrehearsed, but the Mister "X," an industrialist, ar- tion and the Association of Ameri- aspects lawyer does not vouch for and is rives 4n Buffalo for the purpose of can Law Schools, which constantly are not included in his formal class tion. scouting the area for a possible inLaw Wives not bound by their testimony. subject the School to close scrutiny periods. dustrial operation. From the moThe Law Wives Association has Because the time of the four-year been The role of the court is particument he arrives until the moment for accreditation. These organizaquite active this year, having he leaves, he is confronted with tions took issue with the practice of student is fixed so rigidly, and he is already held two coffee hours at larly significant at this stage. The points him Buffalo's bad as told to allowing such a large number of frequently more concerned with his which guest speakers discussed "In- judge can choose the order of takby the people themselves. full time students to undertake the responsibilities, he must take full vesting in Stocks" and "Narcotics." ing proof and it is he who interNow Mister "X" arrives in DalThey also served as hostesses at las, Texas, with the same inten- burden of participating in more advantage of all the study time his the recent James Mitchell Lecture, rogates, with the attorney merely tions. Dallas is a city having no than twentyweekly hours ofoutside schedule allows him. Thus, his dedi- and during the latter part of the posing supplemental questions. The fewer faults than Buffalo. The semester, held a candy drive, court calls experts and work in addition to a rigorous law cation to the study of law must be first proceeds applies the of which went to the faults are only of a different nathe law without the parties bringing greater than that of other law stud- Law Wives Scholarship Fund. ture. From the moment he arrives school schedule. is until the moment he leaves he About three years ago, Mr. John ents. The barriers in his way are Plans are also under way for a it forward. If a party obtains apconfronted with the good points of obviously so much more imposing fashion show sometime during the pellate review of his case, he is Dallas as told to him by its people. Hervey, Chairman of Legal Educaspring, the proceeds of which will It is rather obvious what Mister tion of the American Bar Associa- that only through that extra amount again go to the Scholarship Fund. entitled to a complete rehearing, report will ultimately re- tion, proposed that the faculty find of dedication can he surmount This Fund has been a project of with the record below playing a "X flect. But in essence, what is the the Association for the past three part in the court's decision. The some method of supplementing them. rut between these two years. To be eligible, recipients final court of review hears revi"."effies?difference The answer lies in the fact the traditional three-year program Nevertheless," the pursuit of ex- must be in need and married. that one believes in accentuating which had been in existence at the cellence in legal education is not sions and questions of law. Bisonhead the positive while the other beLaw School for over fifty years, to enhanced by those people who canFor the first time in the history In West Germany there is a lieves in emphasizing the negative. of the Law School, three members We are endorsing the "Boost provide for those students who not devote their full time and en- of the Law School were elected to sizeable number of judges, all of Buffalo" campaign as we wouldany found it necessary to work more ergy to the study of law, what- Bisonhead, the Junior Honor So- whom are career men. Court costs effort that could obviate the apa- than twenty hours per week. To do ever their dedication. A four-year ciety of the University of Buffalo. and attorney fees are fixed by statthetic attitudes existing in the was faced with the student is not doing justice to the They are Paul C. Weaver, Charles ute in relation to the amount inBuffalo area. It is precisely this this, the faculty F. Graney, and Stuart A. Gellman. attitude which caused Mister "X" alternative choices of following the faculty or his classmates in dividvolved in the suit, but are nomto select Dallas rather than Buffalo nationwide policy of evening law ing his devotion between full-time The old-fashioned boy used to inal when compared with those of for the location of his industry. It way through college. work his The is this same attitude which is caus- classes, or of adopting a concept employment and part-time studies. modern one has a wife who does the United States. ing many Mister "Xs" to make new to today's law schools. The by observing these four-year men, it for him. The complete text of Mr. Kaplan's lecture will appear in Vol. 9, similar choices. The affect of this problem was again emphasized last however, it has been found that -The Kiplinger Magazine No. 3 of The Buffalo Law Review. on the future of Buffalo is obvious. yearwhen Prof. Braynard Currie of they are very capable of adequately The "Boost Buffalo" campaign is only concerned with accentuating the University of Chicago Law coping with their law studies. The the positive in the City of Buffalo. School, on behalf of the A. A. L. S., final analysis of how capable they This is a pragmatical necessity to reiterated the criticisms of Mr. Her- are, and how successful the fourthe future growth of our city. But pear program will be, cannot be this is not enough. We must also vey. 77 West Eagle Street nade until these people graduate many show these Mister "Xs" that 4- Year Program Results we are prepared not only to conpreference to instituting eve- md begin the practice of law. In deleting the sider, but to act in Therefore theburden of proving the negative through various redevel- ning classes the faculty felt that an opment programs. It is only when adoption of a four-year program success of the program lies with the these two forces are complementRegular practitioner's price is $10,00 per volume. would better make available to the proof by these people that they ing each other that the City of can fulfill their obligations sucBuffalo will sustain and perhaps working student the opportunities In addition to this discount you will receive $7.50 per surpass the needed rate of growth of pursuing the study of law. cessfully. volumecredit toward the purchase price of a complete which a metropolitan area such question Therefore it curriculum The remains as to adopted a as ours needs to become an ecofor the working student designed whether these people, by their abilinomic and cultural success. set of McKinney's at any time, even after graduation. to lighten his daily load by spread- ty and desire to be successful in ing his course of studies over four the field of law, can overcome the ENJOY THE BENEFITS NOW! Law, Med Schools handicaps which have been imHold Moot Trial years instead of three. It is natural that the first stu- posed upon them. Preliminary obOn December 14, the Senior dents to be accepted for this pioneer servations show that the four-year classes of the University of Bufprogram will be successful,and thus falo Schools of Law and Medicine program will be closely observed, held a demonstration trial in Part both by the critics and the advo- beneficial to those students who Supreme pur3 of the Court. The cates of the new program. Both participate in it. pose of the demonstration was to provide a greater awareness of want first to know something genthe common problems confronting erally about what type of student is Guild Breakfast both professions with special at- accepted for theprogram. In Canisius Chapel tention focused on expert medical Generally the typical exemplifitestimony at trial. cation of a four-year student is Recent activities of the Saint More Guild included a TAX and TITLE SEARCHES the, CditoA. one who works full time (forty Thomas letter, Mass held at the Canisius College hours a week), is married, perhaps Chapel, followed by a Communion has children, has been in the Serv- Breakfast, at which time an adTITLE INSURANCE Letters to the Editor will be was given by Father Lemacknowledged by writing: ice, and is approximately twenty- dress kuehl, S.J. Robert Gunderman THE OPINION five of age. served as Chairman of the event. to twenty-seven years U. of B. Law School To consider whether any pro- Earlier in the semester the Guild 77 W. Eagle St. Buffalo 2, N. Y. gram could be designed which conducted a coffee hour at which Phone: TL 2-0737 93 Franklin St. Father Joseph T. Clark, S.J. gave AU letters must be subscribed. could successfully be of benefit to a talk on "Church, State and the Names will be withheld on four-year student, Presidency." typical such a request. Editor-in-Chief Stuart A. Gellman , — " , — University of Buffalo Book Store r McKinney's $3.50 X- Monroe Abstract & Title Corporation ta �December, 1960 Aid to Placement of Students And Lawyers Activated by ALSA Moot Court Team By PAUL H. SCHWARTZ The growing importance of proper and adequate law placement is becoming a major subject of discussion and concern among lawyers and law students. Law students are asking why more help is not forthcoming from their law schools. Law schools themselves are beginning to feel an obligation to aid their graduemployment information service, ates. .Lawyers in the community, as conducted by the ABA's Junior Bar employers, are beginning to comConference and the American Law plain that they do not have the at the Associfacilities or assistance in choosing Student Association ation's annual meeting in Washnew associates from the growing ington, D. C. last August. body of acceptable talent. Although intended primarily for Today, there is a movement to those attending the ALSA and accomplish something in this field. Team places second. Brinson awardedBest Oral Argument. Left to ABA Annual Meetings, the PlaceThis is in contrast to the situation Information Service was right Angelo Massaro, John Pax, Paul Brinson, Prof. J. Douglas Cook, ment in 1954. At that time, the ABAavailable to all senior law students advisor. sponsored American Law Student and ABA members throughout the reported only four Association that United States as well as to employbar associations in the entire couners seeking attorneys. try operated permanent placement By ROBERT W. ELLINGSON activities, and that only about a Reports from the pilot program On November 19, the University of BuffaloLaw School participated dozen law schools had placement indicate that some eighty lawyers seeking new locations actually were in the Moot Court competition held at theFederal District Court. Comofficers. placed during the one week the peting with Buffalo were teams representing the Albany, Syracuse and program junior of local A recent CornellLaw Schools. Presiding judges for the compebar associations is the placement pilot service was in operation. Job offers came from forty-six law In the first round, U. B. defeated tition were Chief Judge Charles S. career program for law school senfirms, thirty-two corporate law de- Syracuse and Cornell won over Al- Desmond, of the New York Court iors. Under this program, local and forty other sources, bany. In the run-off between Cor- of Appeals, John O. Henderson, units of the Junior Bar Conference partments, conduct panel programs on various including United States Govern- nell and U. 8., Cornell emerged Judge of the U. S. District Court About half of the the victor on a 2 to 1 decision of of Western New York, and Harry fields of the law. This is done to ment agencies. lawyers seeking new positions were the judges. Paul Brinson of the D. Goldman, New York Supreme assist law students in choosing their fields after graduation. There is also between the ages of twenty-eight University of Buffalo received the Court Justice. and thirty-three. Ages of the re- award for best oral argument. The Both Messrs. Brinson and Pax a "big brother" program in effect maining registrants ranged from Cornell team will now compete in have had prior Moot Court experby local bar associations. Under twenty-four the finals to be held in New York ience. In the Freshman moot court to seventy-seven. thisprogram, experienced local lawMeeting City. The Annual JBC-ALSA competition, both reached the finals. yers in the community are assigned Lawyer Placement Information The teams debated a fictitious Last year they also represented the to orient a new member of the Bar to the area's unique practice Service was the first step of a de- case involving administrative and school in the annual regional comcidedly important program. The labor law in whichj there was an petition. problems and procedures. 35,000 Law Students Represented ABA Board of Governors has es- appeal to the United States SuALSA, which represents over tablished a special committee to preme Court to de+eVmine whether Bar Association 35,000 law students, has begun to supervise establishment of the new an employment agency for tempoSteps Up Activity rary stenographers, who are hired advise law students of possible le- service. (Continued From Page One) A lawyer or a law school senior by other companies, was an actual gal career positions open to them. The first publication along these in search of a suitable law position employer, and whether the agency "Bulletin" is currently running a lines Federal Government Job may now look forward to help in could refuse to bargain. contest to accomplish this end. Professor Cook was faculty adOpportunities for Young Attorneys ■ doing what he cannot do or do as Finally, the "Bulletin" would like by well himself. visor for the U. B. team, which was to encourage members of the Law —was published in 1954 In 1957, School of and to write articles for it or Paul Brinson comprised they published Opportunities in work on it. It maintains a large If one tolerated in others all the John Pax, who presented the oral Corporate Law Practice and Manspread the work. There is staff to things one permits himself to do agement. ALSA has also scheduled or arguments, and Angelo Messaro, no remuneration, but there is some say—life wouldn't be worth activity involved. All insocial of alternate. placement seminars at each its living. Jean Cocteau terested students or lawyers are annual meetings since 1954. An inrequested to contact Mr. J. B. formative report, setting forth a Walsh at Bar Headquarters. model law school placement proService to the Profession Tax Forum gram, is available by writing them The forums that the Erie County at 1155 East 60th St., Chicago 37, Bar Association conducts are for the purpose of continuing legal 111. education. The law is a dynamic Further complicating the field of profession and lawyers must adapt placement is the "second job"probto the changes. The stated purpose Division of of the forums, therefore, is to lem. There is a tremendous move"sharpen the tools of the lawyer's The Title Guarantee ment among lawyers from their profession", and to help the lawfirst job after law school, to a deyer serve his clients better. sired better one. After a few years The forums are a continuing 110 Franklin Street series of lectures on various topics. in practice many lawyers want to The first was on Trial Practice and York change positions, but are generally Buffalo, New Procedure, and the second and preunwilling to return to their alma sent forum is on "Income Tax Problems of General Practice." It positions. for new mater to search LOCKPORT will run from October 17, 1960 to ROCHESTER SYRACUSE To meet the need of both, the January 30, 1961, at the Statler law school senior and the lawyer Hilton Hotel, for two hours every Monday. job-movement just mentioned, the The tax forum, up until now, has ABA has taken the first step tobeen for general practitioners, but ward creating a nation-wide placeplans for a more specialized series on tax have been made. In the ment information service for ABA future a forum on Labor Law will members. The service will not be be held, and probably another on and Dealers Publishers an employment bureau. It will be Trial Practice and Procedure. Plans have also been made for a designed only to provide inforof meeting of a young lawyers' forum mation about job-openings for lawon estate planning and professional ethics. yers seeking employment, and inThis type of legal education is formation about available attorneys considered very important throughfor law firms and business organout the legal profession and is exNeither izations seeking lawyers. panding rapidly all over the In this area, the men employers nor employees will be TL 2-2309 country. DENNIS BUILDING responsible for the formulation and "recommended" by the ABA. presentation of the forums are Phones TL 2-2310 Dean Jacob D. Hyman of the UniTo Begin May I 251 Main Street versity of Buffalo School of Law, Creation of the service, which is 3, New York TL 2-2311 Ralph M. Andrews, Stanley G. Falk, planned for completion on May 1, Buffalo Charles J. McDonough, Albert R. 1961, grew out of a successful pilot Mugel, and Gilbert J. Pederson. U. B. Host to Moot Court Competition — 3 OPINION .. Legal ABSTRACT TITLE Company DENNIS & CO., INC. Law Books Nat'l. Election Post-Mortems By JOEL L DANIELS Being immersed in political postmortems, the general voting public has and will be involved in discussions relating to the effect that President-elect Kennedy's religion had in the past election. Any accurate calculation is purely conjectural however, this opinion being 'expressed in a recent interview with Father Grogan of the Canisius College Political Sconce Department. It is very difficult to give a sound analysis to the so called "religious question" for various reasons. First of all, a majority of Catholics are traditionally Democratic. This stems from the wave of immigration in the early part of this century, when most Catholics were members of the "out" group of voters fighting for a voice in the government and supporting candidates who seemed to promise them most. Gradually the "out" group assimilated itself into American society, but many of their political attachments remained the same. Second, today most Catholics live in large industrial cities and are consequently motivated by economics to a very large extent. Third, the Fundamentalist groups in this country who treat the word Catholic as innuendo are traditionally Republican, at least so outside of the South. This group lives out of the cities, and, as was evidenced by the returns, the Republicans carried out of city rural areas by wide margins. Another pertinent fact that renders it difficult to correctly evaluate the effect of the religious issue is the inability to compare this past election with that of 1928, when Al Smith, the only other Catholic ever to run for the Presidency, tULte feated. One cannot say religion was the chief reason for his defeat. Smith was against prohibition. He spoke with a lower New York accent which associated him with the minorities in general and especially with the "ghetto mentality." This latter phrase associated one with the large group of immigrants who lived in our eastern big cities. This association of Smith with the "ghetto mentality" alienated many "dyed-in-thewool" Americans who didn't want the country given to a champion of the uncitizenized. Also, the Republican Party was very strong in this country in the 1920's and people thought first before turning over the office to the Democrats. Smith's religion was of course a factor, but as for being responsible for Hoover's election, there were other issues of at least equal or greater weight. This brings us to the present. Already people are saying that a Catholic will always be on the ticket, at least as a vice-presidential candidate. This, however, may be overemphasizing the religious issue. Subjective feelings are always strong but always present. In a recent issue of TIME magazine a Republican said that he felt confident of a Nixon victory because of "... a strong belief in the fundamental bigotry of the American people." But Americans have a great reservoir of good will which foreigners recognize. It is precisely this good will which can overcome prejudice as a manifestation of the great American ideal. Politically speaking, one may say that President-elect Kennedy's religion seemed to help him more in the right places than it hurt him In the wrong places. As to what part religion will play in the future, this is something which the average voter must reconcile with between himself and his conscience. Perhaps we have at last conquered this silent barrier. thatT^P^V People In Buffalo who feed our feathered friends may be acting in good faith but according to a city ordinance, "No person shall feed wild birds other than in suitable containers for the food, elevated at least 48 inches above the ground." �4 December, 1960 opinion: Graduate Legal Education: Present and Future By STUART A. GELLMAN (Continued from Page One) - Non-Profit Org. U. S. Postage their training in a legal systemi wards a "how-to-do-it" perspective, yjUjinated to the British and the! therefore, one desiring this type of training should attend either prolegal education. Basically, these American. To give added weightt to the need of such a program, the; grams of their Bar Association or number four, and are as follows: (1) To prepare one for a career following shows the percentage off the Practicing Law Institute, or its These same in law teaching, or fur- graduate students presently enrolled1local counterpart. thering the education of in this program alone at the fol- schools have, however, accepted a one already a member of lowing schools: limited number of students into this field. countries fields, but (2) To acquaint those with a representedl the study of specialized background of some other Columbia University 43% 16 on a very rigid, selective basis, so legal system with the gen- U of Michigan 60% that their contribution to this area eral ideas of American law. Harvard University 75% 30 (3) To allow one to study areas Yale University 12 in general is of little value. 50% that, because of the presTwo Schools Lead The American counterpart in this 1 sure of time, were omitted Of the schools contacted by this or covered only briefly in area is the Masters degree that is hfs undergraduate legal available in the study of interna- writer, perhaps the two who have education. tional law. Thisis an area to watch, excelled in this field more than (4) To enable young lawyers to specialize in fields in when considering not only the com- any other are New York University (Continued From Page One) which there exist great plexities of worldwide situations, and Georgetown University. Beprofessional opportunities, more and I tween the two schools, they offer but also the fact that with rule-making. This is similar to such as taxation, corporation law, estate planning, more lawyers are representing| courses in almost every important the Federal System, where the labor law, administrative clients whose interests do not lie •or vastly growing area of the law. law, and international law. solely within the continental United Their programs comprise the study courts themselves institute rule 1of changing. In addition, the revision No Middle Range taxation, estate planning, labor States. contemplates a removal of some It will be noted that when viewing 4th Year of School law, international law, patent law, 300 Discouraged enactments from practice and the number of students engaged in As to the third objective, that administrative 'aw, and trade regu- procedure by having them placed graduate legal work at present, each lation. being a sort of fourth year of law in the consolidated laws, where the institution is represented by either school, to teach that which the In law schojft today, time is of committee feels they should have a small or large number. There is the essence. T|is is said not so ordinary of three years is been originally. seemingly no middle range. The deficient student in, there is more mixed much from thaJi standpoint of the The new Act is composed of reason for this lies in which of the student from the standdirectly^bi't feeling here amongst our nation's some 600 sections, including the four objectives the college is trying leading institutions than in the point of th« :»001, Pragmatically Rules and the Practice Act, comspeaking, toreach. just many may courses m three objectives that were set pared with some 2,000 sections in As to objectives one and two, other forth. The better schools have had be taught. Thisjneans an exclusion the present system. Prof. Weinthe colleges are at little variance. some, and (9y a cursory glance of All realize the need for an ameliora- a tendency to make it clear that at others. Toda& not only are those stein and his staff are convinced a tion of teaching techniques as well such program is not part of their areas that are being covered becom- that the new system will definitely graduate program, while others say provide a litigant with more exas legal background so that law nothing specific about it in their ing more complex, but new areas pediency in determining a substanprofessors may convey an education are constantly tnsing, This, coupled program, but have shown their diswith the .realJaion that one finds tive right. to satisfy present rather than past approval in correspondence this needs. it almost imjnlble to specialize in Rules of Procedure deal with of writer has with the Deans had. matters of parties, pleadings, dis.jgHUMfciLchjHg who'have recently these schools. Sfl*f others have pro- ljuy SchoQ^jJMJlfi that some aspect closures, motion practice, etc., while entered or are presently entering of additional legal training should grams primarily bent this direcin thePractice Act relates to such matthe teaching profession have had tion. Little be desired. more can be offered ters as jurisdiction, venue, statutes the advantage of a superior educaThis writer does advocate not in this area than the advice that of limitation and habeas corpus. tion that, practically speaking, can specialization for thepurpose of beif this be the person's objective One of the most important best be obtainedat our mor6 promwhen considering graduate legal coming, as the Dean of one of our changes is in the realm of pre-trial inent legal institutions. This is a prominent law schools states it, a fact of professional life, regardless work, he should consult thebulletin \ "how-to-do-it" man. It is clear that discovery, where the new Rules of each school to see if it has a have adopted a position verysimilar of its justification. Recommendafor this type of program. graduate work will not make a full- to the Federal Rules. The proposed tions are quite apposite when a re- proclivity fledged expert or specialist out of Thus far, our analysis has covered Rules mandate a full disclosure becent graduate is striving for placeits recipient. Such graduate work three of the four objectives listed. fore trial not only of all relevant ment. Obviously, schools such as should aim more at allowing the Harvard, Yale, Columbia, and the It is at this point that the most student or young practitioner to evidence but all information realike are far more impressive for 1practical of the four objectives gain greater knowledge and insight sonably calculated to lead torelevant evidence. The only exceptions are comes to view, that being an op- in the fieldof his interest. these purposes. portunity for the law school graducertain privileged matter, for exp, J.S.D. Program Necessary Ford Helps Foundation ample the attorney's work product, ate or young practitioner to special-' As to those who seek the degree ize in the field of his choice. Per- \lln concluding, generally it may the opinion of an expert prepared of Doctor of the Science of Law | haps the need for such a program be stated that graduate legal educa- for litigation or any writing or (J.S.D.), only those colleges of the may best be exemplified by quot- tion is conservatively available, save thing created by or for a party or few schools who deal exten- his agent in preparation for litigahighest calibre are competent to jing Chester J. Byrnes from his! the undertake such a task. Therefore, j,article appearing in the December, ; sively or for the greater part in tion. The discovery is carried out the foremost colleges of our country- 1959 issue of The Student Lawyer: the specialization trend. Many by depositions, interrogatories, docmust have a graduate program deAs our civilization becomes thanks for the better programs and uments and requests foradmissions. signe.l so'e'y for this purpose. Thei more complicated, so does the increased number of students in the Upon motion the courts may issue law. New political theories, areas of international law, Doctor protective candidates for this degree are, for orders to avoid unnecesscientific development, new govthe most part, already members of I ernmental practices and re- of Law, and Master of Comparative sary abuse or embarrassment. law faculties. The few others are quirements, changing political Law must be given to organizations Fair Notice those aspiring to be as such, hay- j and social philosophies, improved who are providing the necessary In the field of pleadings, the rebusiness procedures and the ing the necessary background to radical changes in management- scholarships and fellowships, not vision calls for "notice pleading" allow them to do so, i. c., memberlabor relations all create new the least of which is the .Ford instead of "fact pleading," such as problems. Tho field of law Foundation. Students interested in certain Ship in governmental serv-1 le«;al grown we have presently. The sole functremendously in the has ices. these areas should consult the bullast century. This has necesof is inchoate. Its advantages vary involved letins the individual schools. sitated the association of law- jj The previous discussion yers in one office to handle the As to the area of specialization, with each individual case and a present domestic necessity. The j problems of clients and has also I second objective listed above pre-! required the individual lawyers ! the schools who feel that this is an each individual area. This writer only advise the student in such offices to specialize. j' obligation of the Bar Associations can sents an international necessity. To It is this fourth objective that ac- \■ and local institutions are perhaps or yotmg practitioner whowants the adequately cope with the vicissitudes existing between foreign icounts for the large variance of|| more right than wrong at this time. little bit extra to push himself to countries and the United States, graduate students enrolled in our But, just as in 1870 when the law the top to not overlook its adthere must be some common ground graduate law programs. Ail of the became such that one could not vantages. upon which to build; some basic | colleges agree that such a program become adequately associated with It is also hoped for that the understanding between this nation! is necessary, the difference of opin- it under the apprenticeship method, schools will realize their obligations and others. This second objective ion being just how it should; and the law schools took over, it, as they may perhaps exist a decade come about. Many of the better col-! will not be many years away when from now. These must be planned is designed to fulfill just this. Generally, the degree given for leges favor only those graduatepro- perhaps the law schools may have and facilitated now. As Dean Rosthis type of work is a Master of grams that are necessary and may■to serve the function that the local coe Pond once stated, "The law ComparativeLaw. It is reserved, for only be fully realized in the schools. institutions and Bar Associations is stable, but it must not stand are presently serving, for similar still." The law schools should apthe most part, to students and The specialization program, they foreign lawyers, who have acquired feel, is one whose courses tend to- ■ reasons. Graduate education in law ply this accordingly. PAID Permit No. 311 Buffalo, N. Y. ' ,s , ' ', '' .' C. P. A. Revision Almost Complete tion of the pleadings is to give the court and the parties fair notice of transactions or occurrences intended to be proved and the nature of each cause of action or defense. Also, in negligence actions, the bill of particulars is required in the complaint. Verification of pleadings has been abrogated and certification by the attorney substituted.. Every attempt is made to eliminate the time, energy and expense which has heretofore been dissipated in pleading. The remainder of the changes can be evidenced by the brevity of the new Act. Naturally, there is criticism from practicing attorneys who have invested time and money in the present system. This attitude plus the lethargy of many members of the bar will have to be overcome if the new Act is to be effective. Even law students complain of having to cope with the present system' in the classroom and the new one in practice. Let us be cognizant of the fact that all innovations call for a removal of the old and a progression of the new. The new system is a definite progression. It has modernized the legal process of New York State by alleviating the anachronisms and instituting the expedient, the liberal, and the progressive. It calls only for your support. , ', .' ,, -. > , ■ , ' If you see a financial 8-balt in your future, there is a way you can start getting ahead of it— now! A life insurance program started while you're still in college can be the first step in your lifetime financial planning. And you profit by lower premiums. Your campus representative is qualified to discuss with you a variety of plans to take care of your present and future needs. C. ROBERT WHITE And ASSOCIATES Suite 1602 10 Lafayette Sq. TL 6-3887 MUTUAL PROVIDENT Company Life Insurance of Philadelphia � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1960-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 10 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1960 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a9fc3dff35eb90a98639d48ea611cafc.pdf e4cae6d62583eb30c9dbaac560d0b11f PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION Vol. 10—No. 1 November 1959 The JuvenileDelinquent One Approach to the Problem by Richard Valinsky The following article is based on an interview with Dr. Maceline Jaques, Co-Director of the Rehabilitation Counseling Program at the University of Buffalo. Is punishment a valid approach to juvenile delinquency? Some progressive criminologists maintain that punishment does not bring about desirable changes in the pattern of a person's life. When depriving a young rebellious individual of his freedom, we might, with value, ask ourselves if this deprivation standing alone will do some good or does it build up more anger and hostility. Many juvenile delinquents have an environmental background that has given them little opportunity to develop a self image of themselves as a law abiding citizen who fits in and has a definite role within the framework of a lawful work oriented society. The Rehabilitation Counselor's approach to this problem is not to increase the juvenile delinquent's problems by building more barriers between him and society, but to let him look at his past mistakes and to advance towards a role that will be acceptable to society. This counseling approach is based on the belief thai man is basically good and if he is evil then there is something which is shackling 'his good instinctss. By good we mean the desire to live a life which is acceptable to the society. Therefore, the role of the Rehabilitation Counselor is to help the juvenile delinquent develop an image of himself as a useful person, one with job assets and skills that the society wants and that he can use for his own benefit within the legal frame- personal work. This process involves the realization that the world is not hostile but that it does provide opportunities for people with marketable skills. If Governor Rockefeller's proposal for work camps is realized and developed properly to channelize the juvenile delinquents' energy in a positive direction; and if Continued on page two col. tuio INVITATION TO YOU The International Commission of Jurists is a non-governmental organization in Consultative Status with the United Nations Economic and Social Council and is devoted to the promotion and defence, through practical action, of the Rule of Law and the institutions, procedures and principles associated therewith. In January 1959 the Commission held in New Delhi, India, an International Congress of Jurists, at which were assembled 185 distinguished jurists, judges, advocates and teachers of law from 53 countries and which was opened by the Prime Minister of India. The purpose of the Congress was to define and clarify the Rule of Law. The Congress in Professor J. Douglass Cook Professor G. Graham Watte its deliberations discussed in detail the question of how to develop, strengthen and protect the civil liberties and fundamental rights by Barbara J. Roger. of the individual at a time of rapThis semester two new full-time ing on the brief for the respondent. instructors were added to the Law As a result of a reversal by a five id economic growth and political change. School Faculty. They are Assistant to four decision in Moore v. MichiAs a result, The Declaration of gan 355 US 155 (1957), he was Professor J. Douglas Cook and Assistant Professor G- Graham Waite. forced to prosecute a first degree Delhi, specifically that portion of the declaration dealing with the Professor Cook was born in murder case twenty years after request by that body that law stuthe commission of the crime. Chicago, majored in Penology to During 1958-1959, Professor Cook dents and young lawyers be enreceive his B.A. degree from the couraged to support the Rule of University of Michigan in 1949, and was honored by being the recipiLaw, was passed by this Congress. his LL.B. degree from that law ent of a Ford Fellowship in' CrimAs a means of accomplishing this school in 1953. Upon graduation, inal Law at Northwestern Univerpurpose, The International ComHe earned his sity. degree LL M. he joined a law firm in Kalamamission of Jurists has decided lo zoo. In 1954 Mr. Cook became an from that institution with a thesis on "The Admissability of Evidence hold an essay contest for law assistant prosecutor in that city students and young lawyers on a and so remained until this past Illegally Seized in a Foreign State." During this past summer, theme of present day concern, year. he conducted two courses: one for namely the impact on each other A unique legal situation was of the economic and social developprosecuting attorneys, the other thrust upon Mr. Cook while occument of a country and respect for attorneys, as a member defense for pying the office of assistant prosethe rights of the individual. The institucutor. Seventeen years previous to of the lecture staff at that title of the essay is: "The Role the time Mr. Cook took office, a tion. Presently, he teaches Criminal of the Lawyer in the Economic a life senNegro had been given and Social Development of his tence in a rape murder case after Law and a Criminal Law Seminar Country within the Framework of here at Next semester he is U.B. he had waived counsel and pleaded the Rule of Law." to the guilty to first degree murder. (In scheduled to teach Evidence The following regulations apply Seniors. Michigan a defendant may plead Professor Cook is married and to the contest: guilty to first degree murder.) In has a two year old daughter. He 1. Subject 1955 this man appealed his senEssays may be written on the that a he, 17 is a member of the National Assotence on the basis in general or on any specific Attorneys, the theme ciation of District year old youth, pleaded guilty Michigan Bar Association, and Phi national "or international aspect without advice of counsel because Delta Phi legal fraternity. M decided upon by the entrant. The he was afraid of being lynched Professor Waite, although bornj essays submitted should deal with and that in so doing his constituKansas, lived in lowa duringJ the impact on each other of the tional right had been invaded. Mr. in early his life. In 1947 he received)) need for economic and social deCook argued and won this case his B.S. degree from the University! velopment and the promotion and of Michi■before The State Court of Wisconsin. Three years later.lj preservation of fundamental freegan (People v. Moore 344 Michiin 1950, he received his LL B. ande doms under law. There should be gan 137, 73 N.W.) 2d) 274 (1955). in 1958 his S.J.D. from the samefl a discussion of the question wheth When this ruling was appealed to school. His thesis for his doctorate! er the Rule of Law is properly to the Supreme Court of the United Continued on page two col. ttocl .'Continued on page two col. one States, Mr. Cook assisted in work- Distinguished Faculty Additions . • �OPINION 2 —Welcome (Opinion Continued from page one OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-Chief Jack R. Becker Business Manager Donald Summer Feature Editor Peter Klaasesz Associate Editor Stuart A. Geltnan Associate Editor Barbara J. Rogers Faculty Advisor Prof. David Kochery Staff Edward Heller Richard Reitkopp Sanford Rcsenblum Marie E. Volland A Publication of the Student Bar Association and the Alumni Association of the School of Law. Circulation this issue 3,000 Vol. 10—No. 1 November 1959 —Int'l Commission Continued from page one be seen as solely a defence against infringements of the fundamental freedoms or whether it requires a positive attempt by lawyers—in the broad sense of the term, i.e., judges' teachers of law and practising lawyers—to promote simultaneously the conditions in which man's legitimate social, economic, educational and cultural aspirations may be fulfilled. The essay should be prepared in a publishable form, with proper citation of relevant material. 2. Closing Date Entries must be received at the Geneva offices of the Commission not later than August 31, 1960. Anyone desiring further information concerning this contest, please contact "Opinion Editor," University of Buffalo School of Law. THE OPINION IS A NON-PROFIT ORGANIZATION YOUR DONATION WOULD BE GREATLY APPRECIATED Law School Activities by was "Law in the Development of Northern Wisconsin's Recreation Industry." After graduating from law school, Dr. Waite practiced in his hometown in lowa. Between 1952-1953 he was engaged by The Atomic Energy Commission to do research on labor law and federal personnel regulations. In 1954 he joined the Office of AttorneyAdvisor in the General Counsel's Office of the Navy. While there he worked with Bureau of Ships in drawing contracts, giving legal advice concerning the buying and selling of ships and in the handling of delay claims. Between the years 1957-1959,Dr. Waite taught at the Catholic University of America School of Law in Washington. He has spent his last two summers at his alma mater doing research on the problems connected with water and its rights as relates to Minnesota, Wisconsin, Ohio, and Indiana. This project sponsored by the US. Department of Agriculture is delving into such areas as private and public rights in water in these states, a comparison of different state rights, as well as federal and international rights of water and the role of states and local agencies in administrative functions in this regard. During his first year at the University of Buffalo, Professor Waite will teach Conflicts, Property, Land Transactions, and an elective course in Zoning and Land Use Controls. He is a member of both the Wisconsin and lowa Bar Associations. —Juvenile Delinquent Continued from page one they receive the proper counseling, maybe for the first time they will see the possibility of their fitting into the lawful society. Here the Rehabilitation Counselor's role is to help the socially handicapped individual "through the ClientCounselor relationship to make the best use of his personal and environmental resources in order to achieve the optimal occupational adjustment—this being an integral part of the individuals adjustment in all areas of life."* �Muthard and Jaques, "Critical Requirements in Rehabilitation Counselling." "Prisoner, have you anything to offer in your own behalf?" 'No your Honor, I've turned every cent I own over to my lawyer and a couple of jurymen." (The Amer. Legion Weekly) PETER E. KLAASESZ LAW REVEW MEMBERS WORK ON COURT OF APPEALS ISSUE Candidates and members are hard at work on the first issue of the University of Buffalo Law Review for the school year 1959-60 which will contain a case note on every Court of Appeals case decided during the 1958 term. Officers are: Editor-in-Chief, Alan Vogt; Managing Editor, Eugene Salisbury; Associate Editors, David Fielding, Henrick Hansen, Joseph Shramek; Business Manager, Roger Pyle. SBA SPONSORS HALLOWEEN PARTY The Student Bar Association held a Halloween Party on Saturday, October 31, at the Jewish War Vets Post. The admission price of $3.00 included free beer and setups. Dress was casual (slacks and sport shirts). Lee Ramsey, President of the SBA, would like students to submit to him any ideas they may have concerning this year's Barristers Ball and Yearbook. LAW WIVES HEAR DR. KURT TAUBER The Law Wives Association held its first business meeting on October 13 in the Law School lounge. Following the meeting, Dr. Kurt Tauber, Assistant Professor of Government at the University of Buffalo, spoke on "Strategic Consideration in American Diplomacy." Events scheduled in the future will include a speech on November 10 by Mrs. Joseph Laufer on her recent trip to Europe and Israel and a Kitchen Party featuring unusual Xmas recipies to be held on December 8. Officers for the coming year are: President, Phyllis Vogt; VicePresident, Elfriede Fielding; Secretary, Francis Stengel; Treasurer, Ann Salisbury; trnd Honorary Faculty Advisor Mrs. Jacob D. Hyman. ST. THOMAS MORE GUILD PLANS RETREAT The St. Thomas More Guild is planning the First Annual Retreat for the weekend of December 5. The Guild will also sponsor a series of talks and panel discussions during the year. The Very Rev. Msgr. Franklin M. Kelliher, Director of the Buffalo Boys Town delivered the first of these talks. A membership campaign is currently underway and all Catholic students, especially freshmen, are welcome. I.P.D.O. LOOKS FORWARD TO SUCCESSFUL YEAR The University of Buffalo Law School is one of the few law schools In the country that has such an organization as the Indigent Prisoners Defense Organization. The purpose of this organization is not to transform the student into a Clarence Darrow, but to give to the student practical experience in the administration of our criminal law system. This experience can prove to be invaluable in the students near-future role of attorney. The organization is looking forward to another successful year as already many requests for assistance have been received from attorneys who have been assigned to defend indigent prisoners. These attorneys will be assisted by members of the organization from the Junior and Senior classes. Freshmen will be eligible for participation in 1.P.D.0. after first semester grades are posted and it is hoped that many of them will take advantage of the benefits that are derived from membership. This year's Chairman is James Buckley and the Vice-Chairman is Gerson Steinhaus. HAROLD SCHROEDER HEADS A.L.S.A. COMMITTEE At the recent American Law Student Association Convention, a committee dealing with the problem of the "Full Time Workin" Student" was established. The chairmanship of this committee was delegated to the University of Buffalo Law School and is headed by Harold Schroeder, a member of the junior class at the Law School. The purpose of this committee is to conduct a nationwide survey throughout the 126 accredited law schools that make up the A.L.SA., such survey to deal with the above mentioned problem. A short questionnaire will be sent to these various law schools and answered by the students. The entire survey is to be completely anonymous in order to guarantee the best possible results and the information gathered from this survey will then be compiled and turned over to the Section of Legal Education of the ABA. and the AX.SA. It is hoped that such information will enable these organizations to find a solution to this problem or at least to mitigate the problem to some extent. �OPINION - 3 Academic Petitions A Labor Saving Proposal by C. A. PEAIRS, Jr. I have long been concerned over Gentlemen: the tremendous numbers of manI hereby petition to be permitted hours expended in the drafting of to: petitions for reinstatement or simn continue with my class ilar relief following academic failure. These frequently reflect not £2 re-enter to start over again only the pains and ingenuity of at University of Buffalo School of the petitioner, but also the values Law, in spite of my failure to mainof outside consultation; and even tain the required scholarship standards in my work to date. if they cannot all be strictly origiMy reasons for this request are: nal, they normally do show that the available ground for argument 1. Explanation of my failure. a. Financial has been srutinized ab origine. □ In spite of all warnings, I found The thoroughness of these aborigimyself obliged to work: nal expositions, however, and the □ 10 passion of their enveloping prose alike fail of that reciprocal appre□ 20 Q3O ciation which might be desired for □ 40 them. In a word, they entail a lot of wasted effort in 'ritin'and 'read□ 50 in', regardless of the relief action hours per week, and I was consequently unable to give proper atwhich the 'rithmetic of the varitention to my law studies. ous cases may warrant. was very noisy where I □It have wondered whether the I worked and I could not study example of the printed-form device as well there as I had expected. could be usefully employed here, worried by finances, and □ I wasprevented as it has so extensively at the this me from giving earlier stage of the final examinamy full attention to my law tions themselves, as a labor and studies. time-saving device. What follows to live in a very small is the outcome of this thinking; but | 11 had with my wife and: apartment yet as anI regret that I cannot nounce its adoption, even by the □ baby "] 2 children Boston University Law School 2] 3 children scholarship committee, to whom I 2] 4 children have freely offered it children □ [In order to facilitate the use of mother-in-law □ this form by Buffalo law school because of limited finances, and I students appropriate substitutions was unable to study there as effectively as I had thought I could. have been made.] Ed. b. Physical and mental health: j 11 had a lot of trouble during the PETITION year with my: TO: The Committee on Promotion □ eyes and Continuance. back □ I-) asthma University of Buffalo School of Law □ hay fever Service to the Legal Profession < Abstract & Title Insurance Corp. □ migraine headache 2) aftermath of ill health in the Army □ aftermath accident □ aftermath of an automobile years ago of an old (football, baseball, lacrosse, hocky) (strike out inapplicable words) injury. □ (specify other ailment briefly. You need not go into detail, as the Committee is familiar with the 75 to 100 commoner types.) 1 suffered □ during a study block the year, now diag- nosed as a neurosis arising from the fact that (strike out inapplicable words) □my (mother, father, wife, sergeant, brother) hates, hated) me (hate, hated) my □ I(mother, father, wife, □ sergeant, professors) I was (intimidated, hyp- notized by) Professor □ My father wanted me to go to law school, but I didn't want to. the fact that □ Resented (richer, poorer, I was smarter, stupider, not accepted by, obliged to deal with) the other students. I wanted □ badly □ □ to succeed so I was afraid I wouldn't I have a compulsion to write words and am frustrated by objective examinations I know I know more law than most people, but I knew I couldn't get it questions □ I couldn't figure out what the teachers (wanted, were getting at) Q The law mystifies me c. Family troubles in the family □ A death ~j during the year £] (right before, during) (strike out inapplicable word) examinations caused me much distress |~] I became across in essay □ engaged j married [~| divorced [~j a father [] an expectant father □no longer an expectant father Q during the year |"~[ right before examinations [J during examinations Much of my time was taken up with necessary arrangements. I knew that under the circumstances I could not do myself justice in the examinations, and I had been warned against taking them under such circumstances, but I did not want to delay myself a year, so I took them anyway, and did not do myself justice. d. Female students Q I am a female student Q During the year, I was a victim of Q physical difficulties 2] emotional difficulties, understandable in a female student P] special neuroses arising from the fact that most of the other students are male. Continued on page four col. one MANUFACTURERS & TRADERS TRUST COMPANY Estalished 1886 - - - COMPLETE BANKING SERVICE BUFFALO ROCHESTER SYRACUSE LOCKPORT An Affiliate of The Title Guarantee Trust Company BUFFALO and WESTERN NEW YORK �OPINION 4 —Academic Petitions Continued from page three |~1 proved much more profitaP] I expect to have no more finanble than had been anticicial difficulties pated, and kept everybody has offered to J An uncle hopping. [~1 social outrage give me the necessary financial support ]J normally should occupy me □ family strife only during week-ends, but |~| My father has agreed to give boyfriend trouble kept me there a lot more me the necessary financial You cannot, however, understand support than I had expected the distress this caused me unless ~] is the sole support of my f~~| My brother has agreed to family give me the necessary fiI put before you all the details nancial support of my case, which I do on attached Q| is run by my (father, broth|~| I have worked all summer er, uncle) (strike out inappages. (Attach not more than six and saved enough so that I plicable words) who has pages) will not have any money been my sole support (and This trouble came to a crisis trouble is putting me through law frequently during year the □ school) and to whom I owe ~] I have borrowed enough to [J right beiore examinations get by on everything. rj during examinations || My (wife, mother) (strike and 1 could not study or sleep. I I""] In connection with this busiout inapplicable word) has knew I shouid not take the examness, I had to commute to gone to work, so I have no inations, but (I did not want to [J Kenmore money worries delay a year, could not face my FJ Rochester [~11 shall not have to work this family if I did not take them, was Miami ~2 year the victim of my own foolish pride, 2J Honolulu, Hawaii This year I expect to work only □ wanted to prove to myself that I [~] other distant □ 10 could rise above these difficulties) city. Railroad and/or air 20 (strike out inapplicable words), so mileages may be used) 30 □ I took the examinations anyway, Because of my work with this 40 and did not do myself justice. hours per week, and this only on business, I could not devote propc. Business er attention to my studies. week ends, so I shall have lots of r] I am the time for thoroughstudy and review f. Laziness proprietor L~I proprietor's (son, brother) [~| I heard all the warnings about in all my courses. [J study in law school, but I am a very diligent student. (strike out inapplicable □ I never missed a class, and I I word) and main supporting [U just did not take it seriously enough, I guess took down every word every pillar f~] was lazy teacher said. My notebooks are f~] widowed owner's son ["1 was arrogant about my abilhereby offered for your inspecchief stockholder ty to pass without cracking tion and admiration. I put in ~] head of one of two dissenta book 20 ing factions □ [~1 had always got by before in a going business, D 3O [~| was too young to realize □ 40 rj This business how important it was ran into unusual and unan□ 50per :"J ticipated difficulties during so I did not devote enough time to hours week on my studies,' my studies, and did not do my and more on weekends. Such dilithe year best work. gence cannot fail of success, especially as I shall redouble my ef2. Prospects for the future forts on my next try. j 11 anticipate no difficulty in [~\ passing Franklin Barber Shop □ The source of the difficulties which plagued me last year has "'] making an 80 average in Across from Federal Bldg. "H pleasing you gentlemen with been removed. I am assured For Appointment Call by my my work in my studies in the fu123 Fraklin St. WA. 9250 ture. In support of this judgment, father Shoe Shine Sun Lamp □ family may I point out that 3] wife □ business partner □ doctor □ psychiatrist guidance counselor that I may expect to devote my full energies and abilities to my 77 WEST EAGLE STREET law studies, and I should have no doubts of success. I am not going to commute next □ year. I have got (a room, an apart(strike out inapplicable ment) Regular practitioner's price is $10.00 per volume. word) to here in Buffalo, and In addition to this discount you will receive □ my wife is going to keep the children away from me $7.50 per volume credit toward the purchase while I study □ my wife is going to stay at price of a complete set of McKinney's at any home with the children, and time, even after graduation. I will go there only on week-ends, holidays, and the Ilk*, to I shall have lots of ENJOY THE BENEFITS NOW! time to study. □ my brother is going to take □ □ n University of Buffalo Book Store McKinney's $3.50 voLe over the business management, (except for weekends, etc. Now that I am happily □ □ □ □ married divorced engaged 2] disengaged I can spend my full energies and attention to my law studies. □ I am a changed man I realize the error of □ ways year. my last No more fooling around for me □ I am matured. I am now able to realize as I did not last year how important the law is to me as a career. I am now able to realize, as I did not last year, the importance of attention to my work □ I used not to want to be a lawyer, but now I am a dedicated person and want nothing more than to succeed in this school and to become a practitioner of law 3. Equities I have in the law □ My □ father □ brother □ uncle □ father-in-law is a lawyer. There is a good job waiting for me when I get out □It would break my (father's, brother's, uncle's, father-inlaw's) (strike out inapplicable word) heart if I did not become a lawyer and go into his office. □ I have come to realize recently the beauties and majesty of the law, and want nothing more than to spend my life studying and emulating such great figures as (Holmes, Cardozo, Brandeis) (strike out inapplicable name), as so ably expounded to us by Professor (s) ( ) (supply as many names as may seem helpful). □ I will be drafted unless I can maintain my standing as a student. My draft board has given me until tomorrow at 2:00 pm. to get readmitted. □ I plan to go into politics: I can do this best if I am a lawyer. □ I expect to do this anyway, however, and someday I shall be very influential. □ My guidance counselor says my aptitude is to become a lawyer. I will be great in this field, he says, and not so great in any other. □ I am on a scholarship from (the Elks, Monaco, Indonesia) (strike out inapplicable word) and cannot disappoint the people who have had the faith in me to send me here. Continued on page five col. one �OPINION 5 Donations Used For Mutual Benefits If Law Schools Operated Like Baseball Teams Three Professors Involved in Major Trade The Services of the University of Buffalo School of Law Library are available to the attorneys of the community. All of our material may be used in the library at any time. Upon proper identification you may borrow most of our books for a limited period of time. We are especially anxious to be of service by encouraging you to take whichever of our materials you may need to your offices for —Smith, Leading Antitrust Man, Goes to Yankees Yale Kamisar* Once again, the Yankees came up with a key man when tfiey seemed to be in trouble. Yesterday afternoon, in a surprising trade, they picked up W. W. "Hornbook" Smith, the Senators' leading professor, in exchange for an un-rephotostating or reprinting. stricted research fund of $10,000 The Library is open Monday and two young teachers, H. A. through Friday until 10 P.M., on Rosencrantz and A. H. GuildenSaturday until 5 P.M., and on sterh. The Yankees will also send Sunday from 1 to 6 P.M. A memthree yet-to-be-named farmhands ber of the library staff isalways on to the Senators on twenty-fourduty during these hours and will hour option. be happy to help you with any Rosencrantz is a labor law speproblems you might have. cialist, while the switch-hitting Our Library's collection of legal Guildenstern is a utility man in materials has expanded consideraprivate law, having taught real bly in both scope and number in property, domestic relations, and recent years. Among the items agency. available are law reviews of all "Hornbook" Smith will fill the American law schools, statutes of spot the Yankee line-up vacated in administrative of states, reports 47 by A. A. "Hypo" Polonius. For New York State and the federal some time now, "Hypo's" legwork government, and a current workhas been sub par. Finally, last ing textbook collection. Of special week, he "turned in his citator" interest is the tax materials. Miss rather than face charges by irate Crissy reports that "We have fans that his last article had relied been told by tax attorneys it is on several foreign treatises which the area." the most complete in fact, do not exist We would like to point out two in Lavagetto, dean of the "Cookie" special funds which were set up through the generosity of friends Senators, held a long press conferto of deceased alumni. In memory ence this morning in an effort off criticism that trading of Theodore W. Detenbeck, LL.B. ward Smith, his only established star, 1941, our international law collection has grown until it contains a would wreck the school. "Sure," considerable amount of materials said Lavagetto, "Hornbook led the about the United Nations. More league in antitrust law again last recently, we have been acquiring year, but we still finished in the cellar with him. We can't do much Continued on page six col. one worse without him, can we? We have decided to bank our all on young men." —Academic Petitions Contacted at Yankee Stadium, Casey Stengel did not try to conContinued from page four ceal his delight over the trade. you have never had a "Hornbook's" presence in the line□ I know case quite like mine before. It up, according to Stengel, assures is a complex and troublesome the Yankees of a first place finish case. I thank you for your kindagain. Stengel conceded he was rely attention to it, and am sure luctant to give up Rosencrantz, faith that I shall justify your who tied for third in labor law in me in my future work. articles produced last year, but Respectfully submitted. minimized his loss on the ground that he was "only a 'banjo' hitter." Signature "On the other hand," beamed (Write your name here) Stengel, "Hornbook showed us last •Professor of law, Boston Univ. year that he can still hit that Ion;; ball—two new editions of his leadWhile it is true that this multiing casebooks on unfair competiple choice form petition was origtion and antitrust law, and a long inally designed primarily for academic readmittance it might with monograph on section seven of the a few small Ingenious changes and/ Clayton Act. That's the kind of production that has made the or substitutions also be used effectively by unsuccessful bar exam- -Yankees what they are!" Casey suggested that if "Hornbook" had ination candidates. Ed. not caused so much dissension on < the Senator faculty, Lavagetto never would have let him go at any price. A year ago, of course, Smith, unhappy for some time about the Senators' "Youth Plan," finally exploded when $40,000 "bonusbaby,' John Marshall Brown, was hired. Smith snorted that it was "outrageous to give a kid who hand't taught a single class or published a single article that kind of money," particularly when "old reliables" like himself "had to battle the front office for any kind of a raise." "The kid clerks on the Supreme Court for two lousy years and, according to the dean, that makes him a combination of Paul Freund and Herbert Wechsler. Right now, I'm not sure he's good enough to shepardize their cases." Smith, as might be expected, was overjoyed on learning that he was to be a Yankee. But Rosencrantz was equally happy that he was going to the Senators. The reason may lie in unconfirmed reports that Rosencrantz will have first crack at the Senators' deanship when Lavagetto retires, as he is expected to do within two years. Guildenstern, on the other hand, broke down on learning that he was "no longer a Yankee." His wife tried to console him with the thought that while he had only been a spot teacher with the Yankees, he would be the Senators' "regular property man." Guildenstern did deny rumors that he would not report to his new school. "What else can I do ", he asked. "It's the Senators or nobody—and I want to teach." In Rosencrantz, the Senators have a professor who can make anybody's line-up. Only the fact that the Yankees are three-deep in top-flight labor law men has made his trade possible. Always a prolific writer, if not a monumental one, Rosencrantz has improved rapidly as a teacher the past two seasons. He now has a good classroom delivery and his huge collection of off-color anecdotes give him a fine change ofpace. His only remaining weakness seems to be that he still has difficulty in fieldquestions from sharpshooters. Guildenstern is more of a questionmark. It is no longer a secret that several scouts have labeled him "good teach-no research," and if Lavagetto is ever to move into the first division he needs prodi- — gious researchers particularly now that "Hornbook" Smith is gone. The White Sox's Al Lopez, Stengel's perennial rival, was most bitter about the trade. "Every time two deans get together at the convention they complain about the Yankee monopoly, but what happens? Two years ago, Kansas City gives them the best torts man in the game. Now, this deal! The Yankee line-up may have a major weakness from time to time, but they sure manage to remedy it in a hurry. It's all very discourag- ing." •Associate Professor of Law, Uni11 Journal of Legal Ed. No. 4-7. versity of Minnesota. Lawyer: a person who helps you get what is coming to him. SOfM' IN CIRCUS? No need to, really. By starting your savings program now, you can get on a road that leads somewhere. Provident Mutual offers a variety of life insurance plans with protection end savings features, designed to take care of your present and future needs. Putting aside |ust a few dollars a month now can begin -our lifetime financial planning. Your campus representative is well qualified to discuss these plans with you. Get in touch mitt" him for more information MO hawk .3887 804 Liberty Bank Building Buffalo 2, New York MUTUAL PROVIDENT Company Life Insurance of Philadelphia �OPINION 6 Non-ProfitOrg. BUFFALO LAW REVIEW U. S. POSTAGE PAID $3.50 per year One volume — PERMIT NO. 311 BUFFALO, N. Y. 3 issues , Name Address Check enclosed □ Bill me □ Send to: BUFFALO LAW REVIEW 77 W. Eagle St., Buffalo, N. Y„ .. . SenseandNonsense Habeas Corpus was a phrase used during the great plague of London and means "Bringout your dead". —Donations Continued from page five books in the labor law field in the name of LeGrand F. Kirk, LL.B. 1925. It is our aim to obtain that which cannot be located elsewhere in the city. Substantial gifts which have added to our Library have come to us in recent years from the late Samuel M. Fleichman, Frank Raichle, LL.B. 1919; William K. Buscaglia, LL.B. 1929; Hon. Samuel J. Harris, LL.B. 1907; and the estates of Hon. Clarence MacGregor and Dean Carlos Alden. Without the remembrances of these loyal alumni and friends, we woul^ have had to forego our expansion into areas which were too luxurious for us to afford. There is no doubt that if there were a super-Supreme Court (of the U. S.) a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are uniallible. but we are infallible only because we are final. (Justice Robert I" Jackson, Brown v Allen, 344 U. £ 443, 540.) * • • Judge: "Can't this case be settled out of court?" Kelly: "Sure. That's what we were trying to do, your honor, when the police interferred." The OPINION welcomes your comments and views on matter concerning the study of law, the legal profession, or any subject of concern to the legal comments as a whole. Please address your remarks to: Editor-in-Chief OPINION University of Buffalo School of Law 77 West Eagle Street Buffalo, New York All materials sent must be subscribed to. any * • • A boy was being tried in a Texas Court for the theft of an auto. When the testimony had all been given, the judge in his instructions to the jury asked for a not-guilty verdict. Rising the foreman of the jury announced dutifully: "Your Honon,' we find the boy that stole that car not guilty. MILLER PRESS, Printers Telephone: TAylor 9595 Monroe Abstract & Title DENNIS g CO., Inc. Corporation Publishers and Dealers of TAX and TITLE SEARCHES Law Books TITLE INSURANCE Phone. CL 0737 93 FRANKLIN ST. - * DENNIS BUILDING 251 Main Street Buffalo 3, New York Phones CL2309 CL 33,° cl 2311 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1959-11-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9e62abf53d0e6926e2a66f90fdd65ae3.pdf 460c47ff91b1df61ad7935db1bc9150e PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION Volume 9, No. 3 ALSA Comes ToUB by Barbara J. Rogers In Re the 10th Annual Joint Conference of the Ist and 2nd Circuit! of ALSA. Facts: The UB Law School will play host to the North east Circuit Conference of the American Law Students' Association, April 2-4, at the Statler-Hilton Hotel. Repre- March, 1959 Attention Alumni By the time this paper reaches your door all of you should have been contacted in relation to attending the Barrister's Ball and Dinner at the Terrace Room of The Statler-Hilton on Saturday evening, April 4, 1959. Last year's Barrister's Ball was one of the best ever held and this year it will be preceeded by a dinner, and the plans call for the seating of the alumni by class. Tickets for the dinner and the dance will be sold at the door. The student body and faculty of the law school extends a cordial invitation to you and we hope to see all of you there. New York's Legal Doctor by Jack Becker sentatives from sixteen law schools will meet to discuss matters of particular concern to the students in this area, and to ascertain regional views of policy matters which will be discussed at the annual meeting. The delegates will register on Thursday afternoon at the Statler-Hilton. Dean Hyman will welcome them officially in the Empire Room at 8:00 P.M. that evening and a cocktail party will follow. Friday morning at 10:00, the first workshop will be held, with Dick Guthrie (Boston Law School) and Ken Lange (Columbia), vice-presidents of the two circuits, presiding. At the workshops, the delegates discuss many of the problems that confront students of every law school. Everyone is given the opportunity to express his views and obtain answers to his questions. At 2:00 P.M., the first Mitchell Lecture will be given, with Fleming James, Jr. as special lecturer. Mr. James is a professor of law at Yale Law School, the school where he received his L.L.B. He was a Visiting Professor at Harvard Law School, 1957-1958. Our lecturer is the author of two books on Torts, and a joint author of Cases on Trials, and Judgments and Appeals. He has published numerous articles and book reviews in legal periodicals. Everyone is invited to attend these lectures. To finish off Friday's activities, the delegates will be taken on a tour of Niagara Falls. Following this, there will be a cocktail party at the Sheraton-Brock. Saturday morning at 10:00, the second workihop will be held. At thii meeting, the delegates will During the Spring of 1957 Saul Touster, Associate Professor of Law at the University of Buffalo Law School was asked to become a consultant to the New York Law Revision Commission in relation to proposals for the redrafting of parts of the New York Motor Vehicle and Traffic Laws. At that time I am quite certain that Professor Touster did not stop to think or reflect to any great length concerning the purpose or cause of the Commission. However, to better understand Mr. Touster's task and objective in 1957 it is necessary to understand a little of the significance or at least be aware of a speech made before the Bar of the City of New York in 1921. In this speech Judge Cardozo, after outlining certain judicial and legislative problems, proposed that a Ministry of Justice be created and suggested some basic tentative machinery concerning such an agency's functions. These ideas were further promulgated in an article by Judge Cardozo, A Ministry of Justice published in 35 Harvard Law Review 113 (1921). Judge Cardozo spotlighted the problem that courts have been deterred by the doctrine of stare decisis and the legal interests of stability and certainty, from introducing needed changes in our law. These changes were needed tomeet the problems of a dynamic and complex society which found inadequate to solve its problems rules fashioned to govern individuals in other days and under other conditions. In explaining how this situation could occur Judge James will present the second Continue page two column two arrive at an impasse. Some judge a century or more ago struck out upon a path. The course seemed to be directed by logic and analogy. No milestone of public policy or justice gave warning at the moment that the course was wrong, or that danger lay ahead. Logic and analogy beckoned another judge still further. Even vet there was no hint of opposing or deflecting forces. Perhaps the forces were not in being. At all events they were not felt. The path went deeper and deeper into the forest. Gradually there were rumblings and stirrings of hesitation and distrust, anxious glances were directed to the right and to the left, but the starting point was far behind, and there was no other path in sight." "Thus, again and again, the processes of judge-made law bring judges to a stand that they would be glad to abandon if an outlet could be gained. It is too late to retrace their steps. At all events, whether really too late or not, so many judges think it is that the result is the same as if it were. Distinctions may, indeed, supply for a brief instant an avenue of escape. The point is at length reached when their power is ex- hausted. All the usual devices of competitive analogies have finally been employed without avail. The ugly or antiquated unjust rule is there. It will not budge unless uprooted." The solution to such an impasse has generally been found in legislative action which provides a fresh start by stimulating and freeing the forces through which judge-made law develops. However, the legislature is usually Why ALSA? by Thaddejjs S. Zolkiewicz Upon enrolling in the University of Buffalo School of Law each yearling takes on a sort of dual citizenship that he never really recognizes until after he has ceased being a student. He is, at the same time, a law student and a member of the American Law Student Association. He receives The Student Lawyer and might glance at it summarily, but, unless he is an elected delegate to the student bar or in any way attracted to student government, he never takes time to find out what the ALSA is. Year's end is an odd time to try to explain to the outgoing senior class the nature of an organization which they might and perhaps should have taken a greater interest in. Year's end is that "gladsad" time when anxiety is more appropos than the "lets take a second look at this "attitude—and yet, perhaps now, when we look beyond tomorrow, is in reality the most appropos time. For, we have all worked to gain admittance to the bar and the ALSA is the student arm of that select group. In the late 30's more than the economy was in flux. Law is a world of ideas and those who are of it necessarily give the past and the future equal regard. To the student, the future is most important This is so today. This was so in the depression years. Sporadic "student bar associations" were and then were no more, existed and ceased to exist—and all were created by "eager young men" who were interested in their future in the legal profession and in the organized Bar. The American Bar Association found these movements significant and took it upon itself to try to aid the formation of a Student Bar on the national level. World War II retarded this project but finally on September 5, 1949 the American Law Student Association came into being. 46 schools made up the membership roster. Today 124 of the nations approved law schools, with ■ total enrollment of 35,000 law students, are member* of the completely occupied with mattert Cardozo laid, "Those who know of public law and policy and has elect the new circuit vice-presi- best the nature of the judicial neither the time nor in many eases ALSA. But why? Why the ALSA? dents At 1:30 P.M., Professor process, know how easy it is to the facilities to conduct a scientific and systematic revision of a large Continue page five column one The American Law School Asso- Continue page six column on* �opinion! ... .. 2 (§p\nxan OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-Chief P.ichard E. Valinsky Managing Editor Jack R. Becker Business Manager Donald Summer Nrws Editor Peter Klaasesz Associate Editor Stuart A. Gelman Associate Editor Barbara J. Rogers Faculty Advisor Prof. David Kochery Student Advisory Staff Donald P. Sheldon Eli H. Frankel A Publication of the Student Bar Association and the Alumni Association of the School of Law. Circulation this isuue 2,900 Vol. 9—No. 3 March, 1959 Editorial As you know the OPINION is a young publication and as such it has no deep rooted traditional editorial policy to follow. However, under the guiding hand of Donald P. Sheldon as Editor-inChief and Eli H. Frankel as Feature Editor, the OPINION graduated from the level of just reporting student news items to the inclusion of articles covering significant developments and ideas in the legal profession. The present staff of the OPINION intends to continue and expand this policy. We also hope that the paper can take on the function of an alumni organ to fill the apparent gap that exists at the present time among the alumni of the Law School as an organized group and between the alumni and the school itself. As a beginning, we hope to establish a permanent column for alumni news and an exchange of views. We would also like to keep issuing a paper the size of the first two issued this year, ten and eight pages respectively, to increase the number of issues per year from four to at least six for there is a sufficient amount of interesting and useful material to allow for this expansion, but we are suffering the same disease faced by all student organizations in the law school—financial starvation. Activities such as the I. P. D. 0., the newly formed coffee hour comContimie at bottom of next column —ALSA COMES Continued from page one Mitchell Lecture. The week-end will be climaxed with a cocktail party at 6:30, followed by a dinner ard the Barristers' Ball in the Terrace Room of the StatlerHillon. Speaker at the dinner will be Judge Charles Desmond of the N. Y. Court of Appeals. The Judge received his LXJ3. from the University of Buffalo. He was appointed to the N. Y. Supreme Court in 1940, elected to the Court of Appeals later that year, and reelected in 1954 for a term that will expire in 1966. Judge Desmond has contributed to many law reviews and is the author of Sharp Quillets of the Law. He has lectured at law schools of seven universities. During this semester, he will lecture on Legal Ethics at UB Law School. The Ball, a formal affair, will be from 10:00-2:00, with dancing to the music of Jay Maran and his orchestra. A Year Book-Program Book will be given to all attending. Tickets are $12 for theDinnerDance, or $6 for the Dance. Issues: Whether this will be a successful and enjoyable conference. Successful Year For Law Wives Memories . Memories We've certainly had a successful year; our card party in the fall; speakers from the Museum of Science and the League of Women Voters; the establishment of a Scholarship Book Fund for junior and senior law students and just recently, our very successful fashion show. At present we're looking forward to a full Spring program. Our March meeting will include nominations for new officers with the elections to take place at our April meeting. We hope many wives will attend and nominate those of their choice. A luncheon is planned in May at which time the installation of officers will take place. A day of picnicking and swimming at the beach will bring the law wives together in June and will culminate a wonderful year. Letter to the Editor Decision: Yes. Judgment af- Editor: firmed. I would like to take this opporGeneral Chairman Reasons: Alex Kushner and his committee tunity to thank the 1958-1959 have been working diligently to OPINION staff for their hard work and sincere effort in publishing insure the success of the affair. The other chairmen are: Program a periodical which was worthy of law school students. The newsBook, Eli Frankel; Banquet and Cocktail Parties, Vie Smiraldo; paper took tremendous strides during the past academic year to Publicity, Joe Schramek; Tickets, Peter Notaro; Registration, Dave reach a standard of interesting Fielding; Barristers Ball, Ron Tills and informative literature for the edification and enjoyment of the and David Silbergeld; Alumni Relations, Bob Veltre; and Corre- legal profession as a whole. It is appropriate at this time to spondence, Dace Epermanis. It is hoped that all UB Law point out that plans have been Students and Alumni will attend. formulated to improve the paper still further. However this can not Remember the dates, April 2-4. be accomplished without a stable financial foundation supporting the mittee and the OPINION, all staff. worthwhile activities from an edTo the students who have worked on the OPINION, the paper repreucative and informational standpoint need a firmer financial base sents a potential voice between stuon which to operate. One obvious, dent and alumnus, educators and however, somewhat unpalatable the practicing profession, and alumnus and the alumni associarolution seems to be to, in accordance with the Constitution of the tion. It is true that this is not acS. B. A., charge each student a complished overnight, but with an sum of money, possibly $1 or $2 industrious staff, adequate fiper semester—the aggregate sum nances, and the earnest cooperato go into a special activities fund tion and support of the students to provide a firmer financial base and alumni, the OPINION will be for worthwhile student activities. worthy of the traditions and repuIf such activities are to continue tation of the University of Buffalo and provide the student with an Law School. With great expectations for the opportunity to more fully immerse themselves in law and related success of the newspaper, I extend areas beyond formal academic my sincere best wishes to Richard intstruction and if the student body Valinsky. Jack Becker, and the endesires such activity to continue tire staff. Donald P. Sheldon. some such course is mandatory! -R. V. ALUMNI NEWS Robert Cohen, class of '37, is now practicing law at 108 North Third Street, I^as Vegas, Nevada. The following members oi' class of '58 were admitted to the Bar on March 12 by the Appellate Divison Fourth Department: Maryann C. Saccomaiulo, Walter J. Barrett, John E. Doran, Edwin R. llardo, Alois C. Mazur, Myron S. Simon, Anthony C. Vaccaro. TakeNote... The OPINION offers space to alumni for news and notices. Contact News Editor, OPINION, 77 West Eagle St., Buffalo, N. V ' Security Public Information Kicks Off New Series of Coffee Hours The discussion of "Defense Department Security and Public Information" by Mr. Thomas J. Hanion of The Cornell Aeronautical Laboratories on Friday afternoon, March 13th in the student lounge initiated a series of coffee hours under the sponsorship of the Coffee Hour Committee recently appointed by the Student Bar Association. Appointed to aid in the preparation of the committee program are Sam Hall, Sandy Kulick, Paul Moonan, Barbara Rogers, Bill Tamulinas and Bob Walker. Jerry Johnson heads the committee as chairman. Professor Laufer is faculty advisor of the committee. The interest of the student body in non-legal areas was exhibited by the warm reception which greeted Chancellor Furness last fall. Such interest prompted the formation of the Coffee Hour Committee to provide an opportunity for members of the student body to hear and question today's leaders in non-legal fields. Since the lawyer is most called upon by the community to provide leadership in government, business and civic affairs the Student Bar Association believes a face to face contact will help the student become better prepared to meet this responsibility. In the future Coffee Hours will be held every two weeks and will include programs featuring prominent local speakers as well as selected films of timely interest �OPINION LawyerT'sheCorner... by Stuart A. Gellman Author's note: In keeping with the format of exploring the problems and opportunities that specialization is playing in modern law. the question has been brought to the author's attention as to just how the graduate may specialize in his chosen field, assuming his practice will be in or around metropolitan Buffalo. The preceeding problem has been analyzed and the following information secured in an interview with Robert B. Fleming, Associate Professor of Law at the University of Buffalo. scope ranges from the Internal Revenue Department for those desiring work in the tax field, to other such specialized agencies the government has deemed necessary. Among these are the Federal Communications Commission for those interested in radio law, the Antitrust Division of the Department of Justice for those wishing large, corporate work, and the various agencies set up to deal with labor law. The experience offered to the young practitioner by the government is invaluable in the sense that he is speedily given responsibility and opportunities in dealing with major problems in the area Before proceeding upon how to of his choice. This is not to assume specialize, the first question that that the lawyer's affiliation with should come to mind is not "how" them is one of permanency. It is but "why." Of what benefit will more in the nature of taking adspecialization he and is it a matter vantage of a short range opporof choice upon the part of the tunity that will prove invaluable individual, or will certain condi- in the long run. This is especially tions necessitate it? The answer true of the larger agencies of the has. best been expressed by Chester government heretofore mentioned. J. Byrnes in his article appearing At the end of this so called inin the December issue of The Stuternship to the law, the lawyer dent Lawyer: will be in a much better position to obtain a higher ranking job in "As our civilization becomes more complicated, so does the a firm that deals basically in the type of law he is interested in. In law. New political theories, scienthe event, however, he wishes to tific development, new governopen his own practice, he too will mental practices and requirenow have a greater percentage of ments, changing political and social philosophies, improved busithe prerequisite knowledge required to doing so. In either case, ness procedures and the radical he has become familiar with the changes in managament-labor relations all create new legal practical operation of the law, a most necessary attribute to whichproblems. The field of law has grown tremendously in the last ever course of action he may century. This has necessitated choose. The second basic opportunity for the association of lawyers in one office to handle the problems of the graduate to specialize is to become associated with a larger type clients and has also required the firm that is already departmentalindividual lawyers in such offices ized. This opportunity is available to specialize." Although ancillary to the above to the graduate in varying degrees, depending upon the locale in quote, there is also another inducement to specialize, this we which he intends to become affilishall set aside for a few moments. ated with. .As a general rule, this The opportunity of a graduate is the more limited choice, but of law school, who intends his still is existent to such a degree that the graduate cannot scorn the practice to be in or around metropossibility completely. politan Buffalo is faced with a diBecause of the aforementioned lemma not uncommon to other locales of a similar nature, to that of departmentalization already existBuffalo, that being just how may ing in such a firm, there is not he become a specialist in the law. only more of a chance that the graduate will be able to do priHis choice as to how he may atmarily work in that field he has tain such a result is basically limited to two possible courses of chosen, but also it is more likely that that part of the law he has action. The first is to become affiliated with the government, and the chosen will be playing somewhat second It to become associated of a part in this firm's business, at with the larger type law firm that least enough that it will be to his already Is departmentalized, to benefit to become associated with such an extent that benefit could it. Again, as was mentioned before, this choice of action is merely a accrue to him. acAx to the first, the United States short range proposition; an government offers opportunities in quiring of the experience necesabout every facet of the law. This sary for later practice. This should- 3 not be construed as meaning there is no long range possibility as to becoming permanently affiliated with the firm. It should, however, be kept in mind that this article is directed toward the future that lies ahead of the majority of those graduating from law school. Those becoming partners, or the like, in such a firm is certainly the unusual instance. But what about the graduate who is unable to become part of either of the two previous courses of action? This is the basic problem existing today. And at present, the problem has yet to be solved completely. Most practitioners will become subject to various kinds of work. Some of it may include that which he likes, some may not. However, two things should be born in mind. First, many of those who graduate from law school have not, as yet, chosen a particular field in which to specialize. Second, many of those who have started out to become one type of lawyer will often end up in quite a contrary position. Regardless of which possible course the graduate has taken, after this interim of between three to five years experience, many of the practitioners will want to begin their own practice, or perhaps form a partnership with others. Although this latter course seems discretionary, in recent years it has become more of a necessity. It will be remembered that we stated before tliat there was another reason that specialization is becoming more prominent today. It is here that reason should bear notice. As per the report in the January, 1958 edition of the Bar Association of Erie County's publica- tion of The Bulletin, commenting upon some economic aspects of the practice of the law, between the 1947 and 1958. total costs years of increased 65%. Because of this, the ratio of net income to gross income decreased, thus necessitating and augmentation of the gross income figure to equal the same net income reached in 1947. To overcome these increased costs, many lawyers have formed various forms of associations or other similar type cost-sharing agreements. Basically, the purpose of such arrangements is to share all office expenses. This was not a partnership, but just a necessary and quite beneficial arrangement, especially to those first starting out in their own practice. Do not, however, confine these associations merely to the young practitioners. The increased costs of office expenses have been felt by many existing individuals and firms. Thus, we have the beginning of associations, many of which have formulated into specialized firms. There certainly could not be better groundwork upon which such a result would follow. Many associations have started out with this long range result in mind, and many partnerships have been formed directly as a result of the cost savings involved. Thus, we have the beginning of really specializing in the law. We ■mentioned before that specialization was something that, at presContinued on page jour McMahon § Fay RESTAURANT LOUNGE BAR Breakfast, Luncheon, Dinner 58 NIAGARA STREET » Franklin Barber Shop Across from Federal Bldg. For Appointment Call 123 Fraklin St. WA. 9250 Shoe Shine Sun Lamp Service to the Legal Profession Abstract & Title Insurance Corp. Estalished 1886 BUFFALO ROCHESTER LOCKPORT An Affiliate of Title Guarantee & Trust Company �OPINION 4 Law Review Elects New Officers but it —Roscoe Pound — Make every "career planning minute" count I There are plenty of good angles to a life insur- ance career A few minutes with the head of our college unit will tell you a lot about this absorbing business And if you're interested in actual sales training you can ttart now—while you're in school. MO hawk 388 7 804 Liberty Bank Building Buffalo 2, New York PROVIDENT MUTUAL Company Life Insurance of Philadelphia page three ent, and more so in the future, will become a necessity. Perhaps this conclusion warrants a little more consideration at this point. To begin with, business complexities and changing philosophies can only lead to a more educated public. Many businesses, although "small" when considering the national economy, are quite large to the average lawyer. These businessmen want to be sure that their problems will be handled not just adequately, but commensurate with the care necessary when considering the changing and complex structure of the economy. The lawyer, too, has a moral responsibility to his client to be in a position whereby he can attain this necessary result. The specialized lawyer is the answer. The attorney's value to himself may be measured primarily by his income, but his value to the law profession and society in general can only be shown by the potential benefit he may give to his client. Specialization can do nothing but increase this benefit, and the lawyer must remember the duty owed his client is foremost in his job. It is only when this potential is able to be increased, and is, that attorneys can truly be considered professional men. Stetson Shoe Shop - MANUFACTURERS & TRADERS TRUST COMPANY Corner Continued from note—The following is an 18, drew an attendance of no less edited reprint of an article apthan 450 persons, who heard from pearing in the February issue of all speakers urgent pleas in support of court reform measures. In the Journal of the American Justirring addresses before the dicature Society.) Brooklyn Bar Association and the There have been many encouraging signs that there is more moAssociation of the City of New mentum now behind the moveYork, Presiding Justice Bernard ment for New York court modernBotein of the Appellate Division ization than at any time in this declared that lawyer support of generation. The publication in court reform in the past never has mid-November of a court plan been adequate, and he challenged drafted by the nine distinguished those great organizations to an all judges comprising the Judicial out effort in behalf of the Judicial Conference of New York has now Conference plan. The Association won the indorsement of the two of the Bar responded by appointlarge local bar associations and the ing a steering committee to direct state bar association, the state such an effort. Perhaps the most hopeful sign chamber of commerce, the New York County Grand Jury Associaof all has been the new attitude in tion, the Committee for Modern Albany, where Governor Nelson Courts, and other organizations. A. Rockefeller and the majority The League of Women Voters, leaders of both houses of the legiswhile praising the plan in most lature jointly promised "highest priority" in the 1959 legislative respects, criticized it for recommending continuation of the sepsession to court reform measures, arate surrogates' courts and for and expressed determination that not providing for a unified state "this cause will not again be wide judicial budget. Its recomthwarted." They promised to begin mendation of discontinuance of the hearings on proposed court plans justice of the peace courts drew as early as possible after the openfire as expected from the justices ing of the legislative session, and and from local political leaders to "ask the full support and cogenerally throughout the upstate operation" of their "Democratic colleagues" in getting "positive and areas. An all-day Institute for Court affirmative action." Reorganization held by the League If Republicans and Democrats of Women Voters on November fail, court reform may come from a third source. The Liberal Party, a minority group, announced a For Choice and Quality campaign to double its voting Visit the New strength by 1980, and a major feature of it will be its own court reform program. They polled 280,000 votes for attorney-general in 1958. A spokesman said the Liberals would go beyond mere structural and administrative changes, and Stetson Freeman Shoes observed that the public is "more interested in how their judges are Court Street 11 chosen and the caliber of candiFormely: Steward & Benson dates for judicial office." (ED. Officers of the Buffalo Law Review for the forthcoming year are: Editor-in-chief, Alan Vogt; Associate Editors, David Fielding, Henrik Hansen. Eugene Salisbury, Joseph Shramek; Business Manager, Roger Pyle. The law must be stable, must not stand still. —Lawyer's Momentum Builds Up for N. Y. Court Reform MILLER PRESS Publisher* of the "Brief SEE AND HEAR COMPLETE TA. 9595 ... Admiral Stereo Phonographs AND Son-R Television AT COMPLETE BANKING SERVICE BURNHAM'S TV WORLD BUFFALO and WESTERN NEW YORK 578 WALDEN AVENUE �OPINION York's Legal Doctor Continued from pagt on* body of private law. Judge Cardozo in analyzing this problem said, "Today courts and legislatures work in separation and aloofness, the penalty is paid both oi production in the Wasted effort and in the lowered quaiity of the product. On the one side, the judges, left to fight against anachronism and injustice by the methods of judge-made law, are distracted by the conflicting promptings of justice and logic, of consistency and mercy, and the output of their labors bears the token of the strain. On the other side, the legislature informed only casually and intermittently of the needs and problems of the courts, without expert or responsible or disinterested or systematic advice as to the workings of one rule or another, patches the fabric here and there and mars often when it would mend. Legislature and courts move on in proud and silent isolation." Following this suggestion, the New York Legislature passed a statute, New York Legislation Law Section 70-72, which set up the machinery and duties of the New York Law Revision Commission. The duties of the Commission are spelled out in Section 72. "It shall be the duty of the law re- such as Professor Touster, to investigate and report on various problems of law which arise. One such problem which plagued judges and lawyers was the inconsistencies between Section 52 and 59 of the New York Motor Vehicle Traffic Law. Professor Touster was appointed consultant to outline the problem, investigate it and arrive at a workable solution which he would then recommend to the Commission. Professor Touster in his study and investigation found that major inconsistencies either existed or apparently existed between Section 59 which dealt with the liability of owners of vehicles and Section 52 which provided for the service of summons on non-residents of the state of New York. The following were ascertained by him to be the main focal problems: 1. Although Section 59 was limited in its application to public highways and therefore not applicable when an accident happened on private property, Section 52 allowed service on non-residents regardless of where the accident occurred. 2. Although by substantive law, the principal is liable for the negligence of his servant, Section 52 did not provide a way to serve an out of state principal unless he was also the owner of the vehicle. 3. The cases under Section 59 and 52 were inconsistent in their 1. To examine the common law interpretation of what the words "operation of a vehicle" meant. and statutes of the state and current judicial decisions for the purSituations arose in cases of accipose of discovering defects and dents occurring while loading or unloading a vehicle where alanachronisms in the law and recthough liability attached through ommending needed reforms. tiie interpretation of "operation of 2. To receive and consider proposed changes in the law recoma vehicle" under Section 59, a mended by the American Law Insummons could not be served bestitute, the commissioners for the cause of the limitations of court promotion of uniformity of legisdecisions concerning these very lation in the United States, and same words ("operation of vebar association or other learned hicle") under Section 52. bodies. 4. There were technical differ3. To receive and consider sug- ences in language which might gestions from judges, justices, pubcause problems in future cases, i.e., lic officials, lawyers and the public Section 59 used the word "permisgenerally as to defects and ansion" while Section 52 used "conachronisms in the law. sent." This was not merely a prob4. To recommend, from to time, lem of semantics but rather a good such changes in the law as it deems chance for further problems of necessary to modify or eliminate court-made law to arise which antiquated and inequitable rules could easily be avoided at the of law, and to bring the law of this present time by employing the state, civil and criminal, into harsame word in both sections. mony with modern conditions. 5. Section 59 did not include 5. To report its proceedings antrailers; hence, Section 59-A was nually to the legislature on or bepassed and although it was apparfore February first, and, if it deems ently meant to be as broad as advisable, to accompany its reports Section 59 because of its wording with proposed bills to carry out it was construed more narrowly >ny of its recommendations." by the court*. At the same time In order to facilitate these ob52 did not include trailers Section jectives the Commission appoints consultants, learned legal men, at all. vision commission: 5 Professor Touster prepared a study which contained a complete background of each of the above mentioned statutes and the legislative history as well as the court interpretations of the problems with appropriate suggestions as to their solution. This report was then examined by a Committee of the New York Law Revision Commission which discussed the recommendations proposed with the consultant. The committee then recommended to the Commission those changes it approved and the Commission in turn reviewed the matter and submitted its final recommendations for legislative action. The results of the legislative action which followed can be found in Chapter 569 and Chapter 577 of McKinney's Law News of New York (1959). Chapter 568 amended Section 52 of the Vehicle and Traffic Law to extend the application of that section (a) to all motor vehicles and to trailers and semi-trailers operated by a non-resident, (b) to oases where a vehicle is operated in New York in the business of a non-resident even when he wasn't the owner of the vehicle, (c) to cases where the use of a vehicle in this state during the course of which an accident occurs is not technically an 'operation of the vehicle" under the narrow construction to the term "operate" by some decisions. A rearrangement of the provision of Section 52 and clarification of the language prescribing the method of service was also accomplished. Chapter 577 amended Section 59 and thereby accomplished the following obectives: (a) it combined in Section 59 of the Vehicle and Traffic Law and the provisions previously in Section 59 relating to liability of an owner of a motor vehicle or motor cycle for death or injuries to person or property which resulted from negligence in the operation of such vehicle by any person who used or operated it with the owner's permission, expressed or implied, and the similar provisions of Section 59-A of the Vehicle and Traffic Law relating to liability of the owner of a trailer or semi-trailer, (b) the language of Section 59 limiting its application to operation of a motor vehicle or motor cycle "upon a public highway" was deleted and the section extended by the words or operation "in this state," (c) it clarified the definition of vehicles to which the section applied and the definition of "owner" for the purposes of the section, (d) it improved the arrangement of the provisions of Section 59 and conformed its terminology to the judicial construction of the section. A conformity amendment was also added in subdivision 2 of Section 167 of the Insurance Law. This report, one of over one hundred and fifty recommendations which was made by the Commission since its founding, enabled the Legislature to correct some of the "defects and anchronisms" in the Motor Vehicle and Traffic Law of the State of New York. - Crotty's Peace Pipe Bar & Lounge LUNCHEONS 47 Niaaara St., Buffalo. N. Y. United Office Machines School Rings Have Your Under Graduate Seal on One Side and the Law School on the Other 95 only $26 Corporation - St. CL. 7072 Branches: Niagara Falls Lockport 112 Franklin J^^^k S^^^^wk Nfij §B£EIJSi w>^ STUDENT BAR ASSOCIATION BOOK STORE COMPLETE LINE of PENS and LEATHER GOODS �OPINION Page 6 Non-ProfitOrg. Annual ALSA Conference U. S. POSTAGE Presents PAID "WHERE LAW and PRACTICE MEET" PERMIT NO. 311 BUFFALO, N. Y. a film sponsored by EDWARD THOMPSON COMPANY WEST PUBLISHING COMPANY At the HOTEL STATLER — at 3rd, WASHINGTON ROOM FRIDAY, APRIL 1959 4:30 P.M. The ALSA in this sense is an organization that is unique. No ciation was, "created for and dediother profession can boast of its cated to introducing law students equal. No other profession so coto the professional problems they operates with its apprentices. That in brief is the ALSA. will face upon admission to the That is what this Senior Class bar, providing a closer integration has been a part of and what the between the future laV/yers and new juniors and seniors are a* part the present-day leaders of the legal profession, promoting the idea of. It is not, perhaps, the greatest of professional responsibility and thing since sliced bread. It is howlaw students with the acquainting opportunities and obligations ever substantial and worth cultivating. present for improving the adminIt is an opportunity for self help istration of justice through the organized bar." So reads the motto. and betterment. In these frantic times it is meet that such opporGrant that the phrases may tunities be not overlooked. As with seem lofty. Grant that the objecmost all things it is'there for the tives may seem out of reach. taking. But as with all things some Translate them into your kind of effort must first be made. language, our kind of language and it means that it is the bridge, the connecting link that spans the gap between law school and the actual practice of law. It's a chance "You can only protect your libto become a member of the proerties in this world by protecting fession while still a student and the other man's freedom. You can to work with "A" Bar Association only be free if I am free." and acquire contacts and experience that will be invaluable in the Clarence Darrow. later practice of law. —Why ALSA? To the Hissers St. Thomas More Guild Holds Election The new members of the Board of Managers of the St. Thomas More Guild are: Juniors: Eugene Salisbury, Joseph Shramek, James Buckley, Roger Wittig, and Freshmen: Joseph McCarthy, Betsy Glaser, Henry Nowak and Charles Graney. At their first meeting the new Board will select a Chairman. Among the items of old business the new Board will consider are the Annual Spring Communion Breakfast, a Spring Coffee Hour, and a Law Student Retreat, tentatively scheduled for next fall. Outgoing Chairman, Philip Dattilo. indicated that the Guild's constitution needed revision in order to enable the organization to function more efficiently. In reviewing the retiring Board's accomplishments, Dattilo emphasized the Guild's gift to the Law School Library of subscriptions to "America" and "Catholic Mind." Both periodicals are published by the Jesuit Fathers of America and feature thought provoking articles on current social, economic, political and moral issues. Dattilo expressed his gratitude for the cooperation he received during his term of office from the Board, the Guild members, the student body and the faculty. He added, however, that the Guild's program in the area of Natural Law Studies is not developing as quickly as he had hoped and called for renewed efforts in this vital field. IPDO Chooses New Officers and Members The Indigent Prisoners Defense Organization has appointed James Buckley as Chairman and Gerson Steinhaus as Viee-Chairman. Certificates and membership cards were presented by Dean Hyman to the following new members: James Buckley, David Fielding, Jean Mussachio, Gene Salisbury, Gerson Steinhaus, Donald Summers, Richard Valinsky, Jack Becker, Sam Bengart, Mason Davis, Gordon Gannon, Louis Ryen and Ronald Tills. Monroe Abstract & Title DENNIS £ CO., Inc. Corporation Publishers and Dealers of TAX and TITLE SEARCHES TITLE INSURANCE Law Books Phone> CL 0737 93 FRANKLIN ST. DENNIS WILDING 251 Main Street Buffalo 3. New York * CL23O» hone * a?j � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1959-03-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 9 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/1959 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/176909ecf0363e8e2a6febc4c1cd2bdf.pdf 23f30116a3f283d422412559e4c83f09 PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION Vol. 9—No. 2 January, 1959 New York Civil Practice Necessary Legal Reform In New York State A Changing Process by Prof. David Kochery — Editor's Note This article is based upon a speech given to the Erie County Bar Association's Noonday Meeting, given by Mr. David Kochery, Professor, University of Buffalo School of Law. Mr. Kochery was an AssociateReporter to the Committee on Practice and Procedure of the former Temp. Comm. of the Courts. I fully realize that the New York Civil Practice Act, as reproduced in Clevenger's annual volumes, is not the kind of reading with which one curls up before a roaring fire on a cold winter's night. On the other hand, for better or for worse, civil practice, and a knowledge thereof, comes very close to being the most important part of a lawyer's daily life. And civil practice as we know it in New York is expounded for us by the Civil Practice Act. In addition, of course, various practice provisions are scattered throughout the consolidated and unconsolidated laws a situation which gives to New York practitioners an opportunity for exploration and touch-and-go adventure which is not available in most other states. The Civil Practice Act, no matter what others may/think, does indeed have some attractive characteristics, many of which are on the fringe of law, so to speak. For example, we may learn much about history in the Civil Practice Act. Section 686, relating to levies under an executive, provides that a levy may be made upon current money of the United States and shall be paid over by the sheriff "without exposing it for sale." We know, of course, that sheriffs do not "sell" money, and wouldn't think of doing it even in the absence of the admonition contained in this section. However, this section, dating from 'the Civil War days, reminds us that at one time a sheriff was required to "sell" money if it was in the form of gold coins. Again, on the historical — Continue on page three by Richard Vaunsky The following article Is based on the remarks of Judgi? .Charles S. of ApDesmond, New peals following the Rn Mass at the Waldorf Astoria, "New York City, October 19, 1958; and also on a more recent interview with Judge Desmond, and on a repdrt of the Judicial Conference jjf the State if ■» of New York. (Judge Desmond received his LL. B. from the University of Buffalo in 1920. In January, 1940 he was appointed to the New York State Supreme Court. He was elected to the New York Court of Appeals on November, 1940 and again in November, 1954 for a term expiring December 31, 1966. In 1954 he was awarded the University of Buffalo citation for distinguished service to the legal profession and in 1955 he received the Brotherhood Award from the National Conference of Christians and Jews. He is an native member in various organizations of the legal profession and has lectured at the law schools of seven universities. Among his many current activities he is lecturing on "Appellate Problems" at Cornell Law School and in the coming semester he is scheduled to lecture on Legal Ethics. There is a need for molding the Court and Bar of New York State into a single strong modernNjtostrument for better and speedier iustice. Today a nation-wide movement to modernize the administration and structure of state court system has already produced a few simple sound methods, until now rejected in this State, for producing an efficient court system. The basic approach to this problem has been to: 1. Centralize administration; 2. Simplify structure; 3. Require all judges to be lawyers. Approximately one-third of the states have some sort of centralContinued on page seven , Moot Court Team Wins Regional The University of Buffalo School of Law Moot Court Team took first place in the Upstate New York region of the Ninth National Moot Court Competition sponsored by the Association of the Bar of Editor's note—The following is the City of New York. The meman edited address delivered by bers of the team were Ray Green Justice Earle C. Bastow to the and Thaddeus Zolkiewicz, Class of November, 1958 Bar Admission '59, and Jack Becker, Class of '60. Group—Appellate Division. Justice was elected to the New Mr. Zolkiewicz also won an award Bastow Court in 1947. In as the outstanding advocate. The York Supreme to serve other participating schools were 1953 he was designated in The Appellate Division, First Albany Law School, Cornell University Law School and Syracuse Department and continued there until 1956 when he was designated University Law School. The fictitious case argued this to serve in the Fourth Department. year, United States v. Akkro Corp. If perchance you dream that was an appeal to the Supreme Court of the United States. The your days of being examined have ended that dream should be shattrial court had dismissed an indictment against the corporation, "for tered at once. Upon your entry into a law office you will find your violating the Federal Anti-Corruption Act by expending corporate associates and seniors continuing to probe, question and examine funds in connection with a Senatorial election campaign, on the your legal knowledge, and your ability to apply that knowledge to ground that the act was unconstitutional. It raised questions of the problems presented. Soon the current interest relating to the day will come when court appearyou participation of corporations in ances must be made. There will find juries, trial judges and political action and involved a deappellate judges continuing to votermination of several constitutional issues, including freedom of cally or silently question and exspeech, freedom of the press, and amine your knowledge of the apthe right to assemble and petition plicable law and also your acquaintanceship with the facts that the government. Continue en sage clx Learning Continue �.2£!*!Ss^l Page 2 agimiiiiii ~ - . /* ' " Donald P. Sheldon .. . Editor-in-Chief Eli H. Frankel Feature Editor j Donald M. Jack Becker Richard , .. A OF THE OF BUFFALO ~3f>W SCHOOL UNIVEIfIuTY Silverberg News Editor . ... Associote Editor Valinsky .... Associote Editor Donald Summer Business Manager PROFi DSVID KOCHERY Ay. Faculty Advisor '■■ " STAFF Joseph Carlisi, Bruno Cambarere, Daniel P. Cohen, Stuart. .A." Gelman, Peter Klaasesz, Jean Musacchio, Barbara J. Rogers, David Silbergeld, Vito Smiraldo, Jack Werblow. A Publication of the Student Bar% Association and the Alumni Association of the School of Law. BCIRCULATION 2600 Vol. 9-if0.,2 — January, 1959 Editorial... Come All Ye Faithful, Joyful And Triumphant, Come Ye, Come Ye, If the Law School could be personified, the words of this carol would be upon its lips long after the "Yule" has passed. "She weepeth sore in the night; and her tears are on her cheeks; She hath none to comfort her".. (Holy Scriptures, Lamentations (2). for she stands alone, without a campus, without tradition, without "Ye Faithful" alumni. No one can deny that the bar examination is the culmination, the ticket of admission to the practice of Law. But does that mean that one must purge themselves completely from the educational institution that bestowed the "Esq" after your name. Daily, many of its graduates pass the school by, on the way to the courts, the jail, or offices. But none have taken the time to stop in and just look around. It has been opinioned that about eighty percent of the attorneys in the area have diplomas marked, "THE dare slur or debase the practicing attorney. His pedestal would be as high as others who claim "professionalism" as the end result of OF BUFFALO UNIVERSITY SCHOOL OF LAW." But the their education. The grumblings, closest they've come to the building is to use the vestibule as a and mumblings of the critical shield from the weather, or to would be reduced to a whisper, strike a match on its granite walls, replaced by repute and respect. or expectorate as they dash by. The Law School needs an alumni association, but the profession The whole Legal profession suffers from the neglect of the Law needs the Law school—but it needs School. Its reputation, good, bad, a school that offers the student or indigerent, reflects itself upon every opportunity to emerge a all who claim it as "alma mater," competent lawyer. The school from its first class to the present. needs the alumni, it needs its folIt is not our contention that lowers to proudly acclaim. "I there be a waving of banners, the graduated from the University of wearing of beanie or blazer. Rather Buffalo School of Law" and all, it is our plea that all its gradulocally and even nationally, will ates band together, chained one to know without more, that a student another in an association whose of the Law, a master of legal prosingular objective is the steady imcedure, a "Darrow" of the courtprovement of legal education and room, a "Cardoza" of reasoning, legal facilities. Only those adjechas been welcomed by others who tives synonomous with BEST liad come out before him to represhould be used to describe the sent his fellow man in quest of Law School that this group will justice, equity, and rights of a demand: the Best library, the Best democratic society. faculty, the Best legal research "Come Ye, Come Ye "Faithful" center, the Best in all its needs alumni. Permit nothing to obstruct including a Tradition and Spirit. the desire to improve, because Then the public should be made neither science, medicine, engicognisant of the school, its high neering, nor business can advance standards and its tremendous or progress until the Law is first force on the social scene. They obliged. Demand to be heard, deshould be informed of the calibre mand that all those who graduof lawyer that this school can proated from Our School of Law duce, a man whose legal mind has come together, to formulate plans, been fashioned in a studio where and begin to work and contribute excellence is common place. to making this Law School. Your Needless to say the benefits de- Law School, The Best. rived from such a unity would re'Come Ye" and Ye shall be "Joyflect themselves on the Profession ful and Triumphant." at large, bringing to it honor, and EHF. •■team, and reverence—none would ALUMNI NEWS Ralph W. Jackson Sr., Class of '50, has just been appointed an assistant district attorney for Erie County and will take office January 1. i Jerome L. Hartzberg, Class of '54 has also been appointed an assistant district attorney for Erie County and will take office January 1. Gordon R. Gross, Class of '55 and Paul Gonson, Class of '54, have formed a partnership for the practice of law to be known as Gross and Gonson. Offices are at 409 Buffalo Industrial Bank Building. Robert J. PI ache, Class of '58 has been appointed, effective January 2, 1959, an assistant U. S. attorney, by U. S. Attorney John O. Henderson. Mr. Plache has been associated with Kenefick, Letchworth, Baldy, Philips, and Emblidge since his graduation last year from U. B. Law School. TakeNote... The OPINION offers space to alumni for news and notices. Contact News Editor, OPINION, 77 West Eagle St. �Opinion Page 3 —New York Civil Practice Continued from page one 15 sections of the Civil Practice Act relating to warrants of attachment provide solely for the attaching of "vessels". Annotations to these extant are completely non-existent for the past 50 or 60 years. Nevertheless, the sections are still on the books and they remind us of the halcyon days in New York, prior to the complete assertion of federal dominion over all navigable waters, when shipping within the state of New York was a great and booming industry. Other sections of the Civil Practice Act provide for us insights into the art of draftsmanship. That a statute should be drafted with precision so that the breadth and coverage of the statute is reasonably clear is, of Course, admitted. Some draftsmen of sections of the Civil Practice Act, however, may be accused of having been over assiduous in foreclosing purely imaginary loopholes. For level, approximately - example, you probably are aware that Section 35 of the General Construction Law provides that words stated in the singular also include the plural. Notwithstanding this provision, the draftsman of Section 699 of the C.P.A., relating to executions, was unrelenting with respect to the coverage of this provision. The introductory words of this provision are as fol- lows: Where an action to recover a chattel, or chattels, hereafter levied upon by virtue of an exeoution, or several executions, or a warrant of attachment, or several warrants of attachment, .. or to recover damages by reason of a levy, or levies, upon detention, sale or sales of personal property hereafter made by virtue of an execution, or several executions, Temphases added] Thus reading the Civil Practice Act can be something more than mere the sheer tedium often associated with the perusal of regulatory provisions. Indeed, one of the most striking facets of this 1600-section Act, is the scope and range of its several provisions. By way of illustration, in 1954 the legislature enacted Sections 285-287, providing for a new practice in interpleader in New York. In so doing, the legislature created new in rem jurisdiction, providing that a valid judgment could be entered in an interpleader action as against nonresident persons whether or not the stake held by the stakeholder is real property, ough re-examination of practice personal property or a more debt. which this state has experienced With respect to New York's comsince the days of David Dudley mercial activities, this legislation Field, circa 1848. is probably the most imaginative, With respect to the proposals bold, courageous and worthwhile already published, it is clear that to have been enacted in this area very much of New York practice of law within the last halfas we already know it will remain century. This is general legislation unchanged. True, these proposals of the finest type. Then we come offer some stylistic changes, and to the other end of the spectrum; some substantive changes. That In 1955 the legislature amended there should be some substantive Section 687-a, which provides for and stylistic changes in a code exemptions to sale and levy by which dates back 110 years is invirtue of an execution. As you evitable. Basically, however, one know, we have always had a 10% of the most basic proposed reviexemption on wages; we have a sions will have little or nothing to monetary limit exemption o n do with one's daily law practice. household items and tools and imThis is the proposal which calls for the placing of as little of New plements. We have never, however, had any express exemption York practice regulations in statutes as possible, and the placwith respect to a debtor's proceeds from the sale of automobiles, ing of the bulk of New York pracor gasoline, or cattle, or grain, or tice regulations in court-made fruit, or alcoholic beverages, or rules. Having the greater part of television sets, etc. Nevertheless, practice regulations in court-made in 1955, the legislature went out rules means simply that all we lawyers, who are the only New of its way to provide as an exemption 60% of a debtor's money York citizens who know anything which is due or will be due him about civil practice anyway, may from the sale of milk produced on thereafter improve the administration of justice as it affects prachis farm. The pressure on legislators from milk farmers must intice through our bar associations' - deed be substantial. Of course, all lawyers have made themselves reasonably familiar with various provisions of the Civil Practice Act. This familiarity has come about through sheer necessity, if for no other reason, On the other hand, the time may be approaching when lawyers' continuing association with the C.P.A. should assume a more questioning aspect. I say this because it may become important in the near future for us to have opinions, based upon objective knowledge and experience, respecting what is good and what is bad about current New York practice. Within the next fifteen months there will be distributed throughout the state the completed proposals for an over-all revision of civil practice in New York. Already, two volumes of such proposals have been distributed by the Advisory Committee on Practice and Procedure, whose current existence is attributable to the efforts and auspices of Senator Mahoney and Assemblyman Heck —as well as Hazard Gillespie, President of the State Bar Association. In January. 1960, these proposed revisions, which, as I said, comprise an over-all revision of all New York practice, will be submitted to the state legislature. The Committee has been operating since 1955, and if its proposals are adopted by the legislature, it will have resulted in the most thor- exertion of pressure upon the judges and other lawyers who will form the Judicial Conference, which will have the responsibility of proposing anl promulgating modifications, changes and repeals of practice regulations contained in Rules. No longer will it be as necessary as now to go to the legislature, a large portion of whose membership is made up of laymen who are not expected to know the subtleties of civil procedure. Briefly, then, what the Committee on Practice & Procedure contemplates is a replacement of all the CPA and the Rules of Civil Practice with a new set of statutes and Rules, without, however, touching real property provisions, matrimonial actions, or some special proceedings such as the appointment of committees for incompetents. The Committee does' not recommend, indeed it discourages, any diminution of trial by jury. On the. other hand, a revision of the pleading requirements in New York is contemplated, whereby general statements in a pleading will be acceptable in many cases, and in other cases the pleading Rule will specify exactly what is required. This will have the effect of abolishing the bill of particulars. Today, as you know, the motion for summary judgment is confined to nine enumerated grounds. The proposed revision would extend summary judgment to all actions. Exunina- tion before trial, as proposed by the Committee, wm\.be liberalized and expanded, and*rthis will be necessary if the pleading can be general stated in more terms. Service of summons will be liberalized by the proposals, and service by the new "certified" mail will be permitted. Generally; statutes of limitation will be' shortened under the new .''proposals. Although this Advisory Committee did very little with the rules of evidence, the proposals thus far indicate that judicial notice will be expanded; the dead man's statute (about which a whole hefty volume has been written"' by Mr. Greenfield in New Ttprk) will be abolished as it now,^stands, and the matter will be placed within the judge's discretion; and two short rules deal with the matter of opinion testimony. In the next report of the Committee there will he a recommendation, among other things, that warrants of attachment be issuable in actions other than action for the,recoveryof money only; and, asanas been proposed many times in the past, the Committee will propose the abolition of the provisional remedy of civil arrest. These are the kinds of substantive changes which the Committee has thus far proposed, and it may well be that we should continue to familiarize ourselves with the current provisions to seel whether Continue ofr^page four '£" aidless McMahort & Fay RESTAURANT LOUNGE BAR Breakfast, Luncheon, Dinner 58 NIAGARA STREET * Franklin Barber Shop Across from Federal Bldg. For Appointment Call 123 Fraklin St. WA. 9250 Shoe Shine Sun Lamp Save During Our January OFFICE SUPPLY SALE Beginning January Bth R^LyyT'^aWTlaP^taßßßßßal MAHtH 17 c<»**—. �OPIWION Page 4 —N*W York Civil Practice CoAliaued from page three the proposed changes work any improvenjfifts. , With respect to changes which have already- been made in the (JPA, I had^cntended to go back much f urtheiTP; than the last 5 years. Howe*ifcF/'*my enthusiasm for doing so was blunted when I discovere'rl' that; in the short 21 years of ks* existence, the Judicial Council alone was responsible for 355 ehanges^in the CPA. Because it is-.impossible to discuss the impacfof every single change which has taken place I should simply like to discuss.a.few which seem to me to be of tfie most importance. First of all, and briefly, I think it is certainly true that the Legislature very appropriately recognized serious defects in a few of the decisions relatine,to the admissibility of evidency;'As many of you may recall,.in the decision of the Court of Appeals in Matter of Coddington, fn 1954, the majority of physician ? the court held that the of a testatrix, after her privilege had been waived, could not testify as. to the deceased's mental or physical condition which he actually observed. The reason given was" that such testimony would tend to disgrace the memory of the dead. This has been, as you know, the reason for the exclusion of such evidence in many oases. However, it was recognized by the legislature that.if a physician could not testify as to such observed facts on this ground he would be under a greater disability as a witness that would be a lay witness testifying as to the same observed facts. In other words, testimony of a deceased's mental or physical condition which a .witness actually observes may not always tend to disgrace the memory of the dead. To resolve this problem, the legislature amended CPA 354 to make it clear t that actual physical or mental conditions are not always "disgraceful". In another decision relating to evidence, with which I am sure you are all familiar, the Court of Appeals held, in the Lanza case, that the communications between a lawyer and a client occuring in a jail cell would be admissible in an administrative proceeding. The client had no knowledge, as you recall, that a tape recording was being made. Whatever the reputation of any accused, it is nevertheless true that this decision could have broad and undesirable repurcussions. Therefore, this year, Section 353 and 353-a of the MILLER PRESS, Printers Telephone: TAylor 9595 to the Legal Profession Service ;'\>,f Abstract & Title Insurance Corp. Estalished 1886 BIjjTALO ROCHESTER LOCKPORT An Affiliate of Title Guarantee & Trust Company CPA were enacted to insure further the confidence of lawyerclient communications, and to overrule the decision in the Lanza case. One other general area of legislation deserves mention. I think it is safe to say that too few of us realize how broad is the power and jurisdiction of the courts of this state today. It is the rare action indeed where a valid judgment oannot be rendered by a court of this state, such court having either jurisdiction over a THING in the state, or jurisdiction of the person as provided by the various provisions of the CPA. I have already mentioned the interpleader legislation enacted in 1954. Prior to 1954. it was the law of the State of New York that a person holding a sum of money either representing payment of a debt or otherwise, to which sum of money two or more persons made adverse claims, must subject himself to multiple suits and possible liability if any of those adverse claimants were not within the state. On the other hand, if the property which the prospective harassed defendant had was real property or tangible personal property, he could get a valid judgment in an interpleader action determining all adverse rights to the- property, including his own rights, whether the claimants were within the state or not. This has all been changed by the interpleader legislation of 1954. It strikes me that this is a very important bit of legislation to keep in mind for a lawyer in any situation where a debt or any sum of money is involved, and he fears that there are persons other than the one presently claiming it who may make demands to it. The legislation is noteworthy because, superficially at least, it tends to fly in the face of decisions of our Court of Appeals and the U. S. Supreme Court tending to hold that it may be unconstitutional. Finally, with respect to the jurisdiction of our courts, we have for some time been familiar with Section 52 of the Vehicle and Traffic Law, relating to service of summons on a non-resident motorist. Even this section, broad as it is in conferring jurisdiction on our courts, has this year been expanded to permit such service even though the accident in question did not occur on a public highway and even though the defendant was not the owner of the car involved—so long as it was used in this state in his business. By way of conclusion, I should Uk« to reflect again upon the variety of Items which a reader of our CPA may discover. I have referred to, at one end of the scale, the very high level legislation creating our new interpleader practice; and, on the other hand, the kind of quasi-special legislation which permits a milk farmer to have an exemption under our execution statutes. In addition, the CPA tends to incite one's imagination as to who was responsible for proposing particular legislation. As you know, the genera! rule of law has always been that the power of a committee of an incompetent terminates upon the death of the incompetent. Many committees of incompetents sem to have taken this rule literally and seriously, apparently packing and leaving the premises at the very moment when the in- competent breathed his last. In closing, I leave it up to you to determine who was responsible for fostering the bit of legislation I shall mention. Was it the Association of Sanitation Officers? Was it an organization of morticians? The legislation is an amendment to 1383 of CPA which always provided as follows: "Where a person, of whose property a committee has been appointed, dies during his incompetency, the power of the committee ceases ..." Then there follows the amendment: "Except that it shall be the duty of the committee to pro- vide for his burial." Legislative Changes Affecting Civil Practice 1954-1958 Administration of Justice Judiciary Law 230-239 abolished Judicial Council and created Judicial Conference. (1955) Judiciary Law 475-a permits attorneys to acquire liens prior to commencement of actions. (1955) CPA 980-a amended to regulate moneys recovered by incompetents and infants. (1955, 1956) Judiciary Law 116-a amended, changing method of appointment of Official Referees. (1956) Rule 150, R.CP., amended to require that notes of issue in automobile cases shall state that the action arose out of a motor vehicle accident. Appeals CPA 588 (1) (2) amended to enlarge appeals to Court of Appeals where constitutional questions had been raised. (1954) CPA 573 amended to permit trial judge to grant new trial on his minutes or on ground of new evidence for period of 20 day* Connnus on poo* fiv* �OPINION New York Civil Practice - Continued from page four after filing of a notice of appeal. (1955) CPA 99 enlarged to permit extension of time for appeal where attorney becomes physically or mentally handicapped. (1956) CPA 592 (2) amended to provide procedure to acquire permission from Appellate Division for appeal to Court of Appeals. (1957, 1958)Arbitration CPA 1451 amended to permit motion to stay proceeding to be made in any court where action or proceeding is pending. (1954) CPA 1454 (1) amended to provide that right to counsel in arbitration can only be waived by a writing. (1955) CPA 1460-a added to permit an arbitration award to be entered upon confession. (1957) CPA 1340 added to permit the enforcement of agreements for appraisal or valuation. (1958) Evidence CPA 354 amended to clarify right of physician to testify respecting a deceased. (1955) CPA 345-d added making illegally-obtained eavesdropping evidence inadmissible in civil actions. (1957) CPA 412; 414 amended to regulate the production of hospital and public records under subpoena duces tecum. (1957, 1958) Lien Law 189 (5) amended limiting right of inquiry into hospital records. (1057) CPA 353 and 353-a amended and added to insure further the confidence of lawyer-client communications. Overrules Court of Appeals' decision in Lanza. (1958) Examination Before Trial CPA 309-a amended to permit interrogatories to be framed and settled in English and a foreign, language. Costs of interpretation and use of experts provided. (1954) CPA 290, 291, 296, 299 and 405 amended to permit the production of specified documents on notice, rather than on order or subpoena. (1955) Gen. Mun. Law 50-h added, requiring claimant against city to be examined. (1958) Judgments and Enforcement CPA 687-a. 665 (5) (7) amended to enlarge exemptions from levy under execution. (1955, 1957, 1958) CPA 777 amended to permit supplementary proceedings to be instituted in County Court. (1955) CPA 636 amended to require that execution be delivered to a sheriff regardless of fact he may have bent party to the action in Page 5 his official capacity. (1957) sons can be removed from posCPA 684 amended to provide for session of real property. (1955, garnishee execution against em1956) ployees of "any public benefit CPA 120-125 (notice of pencorporation". (1957) dency) amended to provide for CPA 502 and 530 amended to rerecording in the block index filing quire further information to be system used in the City of New incorporated into judgment rolls York, and limits effectiveness of and satisfaction pieces. (1958) notice of pendency to three years, Jurisdiction and Process and provides for cancellation of CPA 67 (1) (3) amended to inthe notice with damages for miscrease County Court jurisdiction use of the notice. (1956, 1957,1958) from $3000 to $600.0 (1954) Special Proceedings CPA 110-b added, providing for CPA 1296 anended to provide an transfer of causes from higher to additional ground which may be lower court. Defendant's consent considered by courts in reviewing not required if he has no counterdecisions in Article 78 proceedings. claim. (1954, 1955) (1955) CPA 285, 286 and 287 enacted, CPA 1377-b added to permit creating new interpleader practice. committee of incompetent to petiCreates new in rem jurisdiction tion court to state that property even if the "stake" is a debt. is being withheld from him by (1954. Section 287 watered down another person. (1956) by amendment in 1957) CPA 1383 amended to require a CPA 1421 amended to permit committee of an incompetent to service of precept in action to rebury the latter when he dtes. cover possession of realty either (1956) personally or by leaving it with CPA 1287 amended to provide person of suitable age and discrethat Article 78 proceeding against tion. (1954) a County Judge shall be brought CPA 218-a added, permitting in Appellate Division. (1957) civil action to be commenced CPA 1294 amended to provide without the use of a summons or time limits for applications to corcomplaint. (1956) rect papers in Article 78 proceedGen. Mun. Law 50c amended to ings. require that claimant against city Statutes of Limitation must serve his notice of claim in CPA 49 and 1139 amended to duplicate. (1956) CPA 232 (1) amended to permit service by publication where action is one to declare void a foreign divorce against a resident who did not appear. (1958) Veh. & Tr. Law 52 amended to permit service on non-resident motorists via Secretary of State md registered mail if the vehicle was used in defendant's business in this state, and whether or not the accident occurred on a highway of this state. (1958) Gen. Bus. Law 250 (applying to service on non-resident aircraft operators) amended primarily to render it constitutional after the section was voided by the Second Department. The death must have been accasioned or the injuries sustained in this state. (1958) CPA 1217-a added, providing for the service upon unlicensed foreign corporations via Secretary of State and registered mail in actions by attorney-general. (1958) Pleading CPA 112-i added, providing that no splitting of causes of action shall result by successive actions for the recovery of payments of pension, retirement or deferred compensation. (1956) Real Property CPA 1410, 1411 amended to provide new situations in which per- TOe'te provide new 3-year period ol limitation in which to bring action to annul a marriage, wnfei-e the ground is fraud. (1955>1*. CPA 992 amended to toake statewide the 1-year period of limitation for an action Itq remove an encroachment on. of >6 inches or lesß+Jlgga) Substantive Latu CPA 337-a added creating immunity from liajbilitJ? for radio and TV stations where defamatory remarks were made »y<a "legally qualified candidate" foc'V-PUblic office. (1955) Veh. 4 Tr. Law 59 amended to render a motorist liable whether or not the accident occurred on a public highway. (1958);' •* Trials CPA 426-a added, providing for the manner in which- the light to trial by jury waived in Erie County. (1959£ Judiciary Law 650-685 added, effectuating a unified system of selection of jurors in counties of over 100,000 outside the City of New York. (1955) CPA 79-a added, providing that the death of a judge shall not impair any verdict, report or decision theretofore rendered by him. (1958) ma^be ctetvtlHf tie «tec6& fin Sfitbtf/ BIG SAVINGS ON SUITS, SPORT COATS, OVERCOATS .. . Also Sport Shirts, Shirts, Hats, Argyle Socks... ALL SALES FINAL! - Nftnrnmb 3Rnbb, 3nr. 76 NIAGARA STREET MANUFACTURERS & TRADERS TRUST COMPANY . COMPLETE BANKING SERVICE f & BUFFALO and WESTERN NEW YORK �OPINION 6 —Continue Learning ... Continued from page one are, the foundation walls upon which your legal structures will . be built. In later years undoubtedly some of your number will become members of the Judiciary. The promised land has not yet been reached. There you will be faced by counsel who are silently exam- ining your legal knowledge. Higher courts will examine your decisions and if perchance you reach such higher courts you will be * under the scrutiny of your associates who will not always be silent .as to their views of your knowledge, of the law. Alf j.of this, of course is stating the^ obvious. It is prefatoryyouto toa frail}?. appeal to each of continue your legal education. It has ljeen'said that "The process of finished, but reJustice produces^ itself, generation after ever changing generation, in forms.',', Judges who sit in either 'trig! or appellate tribunals are from day to day disturbed by the apparent absence of adequate legal research by many attorneys before they present their cases in court. You will be glibly told by associates that the economic pressures of a successful law practice makes it impossible to study the legal problems involved in a given case to discover what the applicable law is and how those legal principles have evolved through . is^hever compiled 11 volumes of law reports covering 600 cases, wrote 4 volumes on the Laws of England, the first being the famous commentary upon Littleton. You have chosen a profession that, enables you, if you so will it, to spend a goodly portion of your life in intellectual pursuits. "Be inspired with the belief," said Gladstone, "that life is a great and noble calling;' not a mean and grovelling thing that we are to shuffle through as we can, but an elevated and lofty destiny." If this is the challenge to every man, what, greater opportunities have been presented to you to make the years to come a day to day pursuit of the mysteries of the law and not mere drudgery in the quest for material things. From time immemorial those ending their formal education have been told that they are entering their life's work at a challenging point in history. It is true that each generation faces new problems and an ever changing world,. It seems to me, however, that all of us engaged in the administration of justice must recognize that laymen are looking to us for some changes in the old order of things. There is a fermenting interest in court reform. There are those who believe that our court structure, that has remained substantially unchanged for a century, should undergo drastic revision and socalled streamlining. Others hold the firm opinion that our present court system in fundamentally sound while recognizing the need for improved administrative pro- the yetos. Sir Edjvard Coke told his students tHat "Knowledge of the law is like sr^deep well, out of which cedures. each mail tdraweth according to The distressing thing to many of his UJmerstanding. He that reachus is the fact that the ball of court eth deepest, he seeth the amiable reform, so to speak, is being carand admirable secrets of the law." ried towards various goal lines by To your possible reply that there organized groups of laymen. With is a lack of time for such study let a few notable exceptions neither me respond by stating that the the Bar Associations nor the inman who spoke those words served dividual lawyers have shown any often in Parliament, was Attorney particular interest in this area. General fof 13 years, Chief JusThis in unfortunate because attice of Common Pleas, then King's torneys, of course, have superior Bench. But in his leisure time he Continue at bottom of next column PELLER & MURE FOR FINE CLOTHING For Choice and QualityVisit the New Stetson Shoe Shop Stetson 15 COURT STREET - Freeman Shoes 11 Court Street Formely: Steward & Benson Barrister's Ball Saturday, April 4 The Social Committee, under the chairmanship of Ronald Tills, is making plans for the dances and parties which will be held during the remainder of the school year. The Barrister's Ball is the highlight of the social season. It is hoped that this season's ball will surpass all previous affairs in elegance and attendance. Committees are already formed for the Ball. Thp Social Committee plans to make this event to be longremembered. The date is set for Saturday, April 4, 1959. If the plans develop as expected, this will culminate the S.B.A. Conference which will be held at U.B. Law School this year. Ramseyto Head SBA The Student Bar Association of the University of Buffalo Law School will have at its helm for the 1959 academic year the able leadership of Leroy T. Ramsey. He ran unopposed for the presidency in the elections held last month. Also elected at that time were the Freshman and Junior directors of the SBA. They are as follows: Juniors Joseph Augustine, Jack Becker, Anthony Sortino, Vincent Veltre; Freshman—Joseph McCar- — thy, Peter Notaro. Barbara Rogers, .. For Your Constitution... But the sunshine aye shall light light the sky, As round and round we run And the truth shall ever come uppermost And justice shall be done. —Charles Mackay "Professor," asked the bright young law student, "could a blind man be made liable for his note Paul Weaver. The senior directors will remain in office until June. payable at sight?" — a hearing." Continue Learning factual knowledge as to what is needed in the way of a court structure which does not necessarily have to be a beautiful streamlined diagram on a sheet of white paper. Here you will find a challenging field in which to labor eithe rindividually or as a member of an organized bar group. May you have the wisdom to establish the perfect balance between material success and intellectual pursuits that will bring you from year to year the satisfaction of a life well spent. "Son," retorted the professor. "that could only be brought out if the blind man was also given His campaign was a pleasant one, And worthy here of note; He only kissed the babies who Were old enough to vote. Man's capacity for justice makes democracy possible, but man's inclination to injustice makes de- mocracy necessary. —Reinhold Niebuhr The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law. —Justice Oliver Wendell Holmes, Jr. �OPINION 7 Necessary Legal Reform Continued from page one ized administration, therefore there is adequate precedent. Such cen- necessary for the more efficient use of Judge-power and for a speedier disposition of tralization is function of making rules of procedure. He -said, "I would not take from the legislature the power over procedural questions which invade public policy such as statute of limitations, etc. I would, if necessary give the Legislature some sort of veto power over all procedural rules adopted by the courts. But I insist—and, again, Litigation before the courts. Today in New York State there are 21 separate state and local every single recognized authority courts which have very little to on the subject agrees that the do with each other and give rise every-day, workday, bread-andto very complicated jurisdictional butter job of adapting procedure questions. To overcome these diffi- to changing needs is a job for the culties and promote a more effici- courts themselves." "Another practical first step ent judiciary the Judicial Conference of the State of New York has should be taken—toward making recommended an integrated court the bar of this state a real professional group. Outsiders find it system. It would consist on the Appellate level of the Court of hard to believe that there does not exist anywhere an up-to-date Appeals and the Appellate Diviofficial list of those licensed to sion as at present. The state wide trial court structure would have practice law in New York State. as its keystone the Supreme Court It may be a long time before we as it is presently constituted with have, in New York, as in half the general jurisdiction at law and in other states, an integrated selfgoverning bar of which every equity, a Surrogate's Court specializing in the administration of lawyer is a responsible member. the estates of deceased persons, Today only 1 of 4 New York State lawyers is a member of our New and a Family Court with specialized services for the solution of all York State Bar Association —in problems arising in the field of Colorado for instance under a voluntary plan 90 per cent of all domestic relations. In the City of New York, the lawyers belong to the State Bar Association. But at the very least Conference recommended the creation of only two local courts, one we should know, as we do not now know, how many lawyers for civil cases with upper monetary limits of $10,000 and one for there are in New York State and criminal cases for the adjudication who and where they are. Annual of lesser criminal charges. For the registration with a small regiscommunities outside of New York tration fee would put us in line with other occupational groups City, the Conference recommended a County Court, manned by and provide a fund to help make the whole bar of the State selffull time judges, with civil jurisdiction and with monetary limits governing and self-disciplining in of $10,000 and with full criminal the public interest." jurisdiction. For upstate localities "Now for the last of my steps, there would also be a uniform city immediately necessary and immecourt structure mandatory for the diately possible, toward making a larger cities and optional for the professional guild out of New smaller ones. For the rural areas a State-wide District Court would York State's thirty-five thousand replace the many present local or more lawyers. That is, to assojudicial offices. The plan would ciate the profession more closely eliminate from the court system with legal education in this' State. all'the various city courts, police Here again I am urging no innocourts, justice of the peace courts, vation. In the fourteenth and fifteenth centuries with the growth police justices and other local tribunals outside New York City. On of the immortal Inns of Court the the State level it would abolish the bar assumed its rightful role in Court of Claims as a separate promoting legal education. Today tribunal. The Conference also the contact of the general bar with recommended for the courts a ten law schools in our State is strong centralized administration slight indeed. Nothing could be which would, at the same time, more important to a real professionalism than a lively intelligent provide machinery for the adecooperation between the lawyers quate and prompt recognition and and the schools. Formal bar assosolution of local problems. Judge Desmond recommended ciation committees are not enough. that one of the practical steps We should emulate our brothers of toward a modern court system in medicine who give so freely would be to give to the courts or their time and resources to aid in to the Judicial Conference the Continue n«xt column — What's Your Opinion? A New Year's Prayer Answ'red by Stuart A. Gellmah Oh Lord, why is it that we mortals The OPINION welcomes your comments and views on any mat- ter concerning the study of law, the legal profession, or any subject of concern to the legal comments as a whole. Please address your remarks to Editor-in-Chief OPINION University of Buffalo Law School 77 W iSagle Street Buffalo, New York All material sent must be subscribed to. Creat cases like hard cases make bad law. —Justice Oliver Wendell Holmes, Jr. Genius is one per cent inspiration and ninety-nine per cent perspiration. —Thomas Alva Edison The Constitution does not pro- be, In mind with naming love and blinding hate, And things we want we cannot have for fate Repeals our thoughts of good in time of glee. And why are souls of good to rest ne'er late, While evil ones go on eternally. And troubles pressed upon the mind are free, While much of good is costly to •» create. ; "You are," the Lord doth answered " '■ unto me, "An owner of ideas and many-a > trait, ')■ But thoughts of mine; you cannot illustrate, j ,»' For then what challenge would your living be. J•'*■' So think this New Year's" j<ry '■ instead of sorrow, >v« And consider first today and then tomorrow."- * * vide for first and second class citizens. —Wendell Lewis Wilkie —the work Necessary Legal Reform of medical schools. The could help raise standards of professional competence, give themselves a new and absorbing interest in life and combat anti-intellectualism by becoming active in law school alumni associations and law school advisory groups. Your help will be welcomed by the schools." lawyers, too, School Rings Have Your Under Graduate Seal on One Side and the Law School on the Other 95 only $26 Crotty's Peace Pipe Bar & Lounge LUNCHEONS t St., Buffalo, N. Y. * 47 Niagara United Office Machines Corporation - CL. 7072 112 Franklin St. Branches: Niagara Falls Lockport J&jS^ m^mrS^^^W^i i^isi H**^msr STUDENT BAR ASSOCIATION BOOK STORE COMPLETE LINE of PENS and LEATHER GOODS �OPINION 8 in iiiuii,|iii.-i|ini'iinunr.Lir mi niiiimnii -iiiaiiiiiiiiiiiMjwwmniHiiiiM^imMiMammiiidiiiitaiimiißiainißiiiiiMiHiiiiii » Non-ProfitOrg. BUFFALO LAW REVIEW U. S. POSTAGE $3.50 per year PERMIT NO. 311 BUFFALO. N. Y. . One volume Name Address — PAID 3 issues Bill me □ Check enclosed □ Send to: BUFFALO LAW REVIEW 77 W. Eagle St., Buffalo, N. Y. aiiiiiiMiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiia^^ Announce Results of 1958 Lawyers Census The triennial census of the legal pared by Martindale-Hubbell for profession in the United States, the American Bar Foundation. In 1958, 78,831 lawyers (30.05 just completed by Martindale- Here is a thumbnail comparison of per cent of the total) were found Hubbell. Inc.. places at 262,320 the the 1958 lawyer census figures to be residing in eight key cities: number of "lawyers accounted for" with those of 1955: Boston, Chicago, Cleveland, Dein the iiation. This is a gain of 8.6 Total accounted for 262,320 241,514 troit, Los Angeles, New York, comparable ceilt over the per and Washington, 235,783 221,600 Philadelphia, Lawyers listed figure of 241,514 in the last survey Private practice 188,955 189,423 DC in «55. Government service 24,245 21,279 A total of 64,809 lawyers" hold One distinct trend revealed was Judicial 7,910 7,903 salaried positions. Of this number, a decline in "solo" practitioners. Salaried in industry 18,911 15,063 24,245 (37.4 per cent) are on the In the last three years the ftumber Educational staffs of city, state or federal govof individual practitioners dropped (salaried) 1,504 1,351 ernments (7,787 with city or counto thousand, by five from 127,389 ty; 4,000 with state, and 12,458 with Other private 122,389. At the same time, the employment 639 234 federal government). number of lawyers practicing in Inactive or retired 7,661 6,581 There are 229,480 male lawyers partnerships or as associates inHere, in brief, are some of the "(97.3 per cent) and 6,303 female creased by an almost identical other major findings of the 1958 attorneys (2.7 per cent). number. L The statistical report was pre- More than half (160,770) of the Monroe Abstract & Title Corporation $ V TAX and TITLE SEARCHES nation's lawyers today are between the ages of 34 and 63, 36,225 are under 33 and 2,089 are 83 or over. Over 72 per cent (188,883) of the lawyers hold law degrees and nearly 47 per cent (122,767) a college degree. According to an independent in connection with the publication of the American Medical Association's 1598 directory the number of physicians in the U. S.. including those now retired but excluding 1957 medical school graduates, was placed at 226,625. This would compare roughly with the "listed lawyers" total of 235, 783. survey made DENNIS $ CO., Inc. Publishers and Dealers of Law Books TITLE INSURANCE Phone: CL. 0737 93 FRANKLIN ST. DENNIS BUILDING 251 Main Street Buffalo 3. New York CL23M Phones SSli � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1959-01-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 9 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/1/1959 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3de8fbe290814d1c39a9ab22658b7d0d.pdf c784e3d94ce33eed853c286f81b02585 PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION Vol. ft-No.l November, Minimum Fee Schedules CHANGES IN BAR Their Public EXAMS APPROVED Informational Value by Samuel H. Morgan, Esq. (Editorial Note: The following article is an edited address given by Mr. Morgan at the American Bar Association Convention in Los Angeles on August 24, 1958. Mr. Morgan is the Chairman of the Committee on Fees and Law Office Management, Minnesota State Bar Association and a partner in the law firm of Morgan, Raudenbush, Morgan, Oehler & Davis in St. Paul, Minnesota.) The whole subject of public informational use of minimum fees is so new and has such few guides that all we can do here today is to talk of some of the problems involved and then go back to our local bar associations with suggestions for further experiments. Before discussing directly the public informational value, if any, of minimum fee schedules, both the appropriateness and validity of sush schedules must be considered. The fee of the English barrister originally was, in the eyes of the '.aw, simply an honorarium—a gift —a few golden guineas dropped surreptitiously into the deep pocket of his gown. If he found none, he had no right to collect. Canon 14, of our Canons of Ethics, provides that lawsuits with clients should be resorted to only to prevent injustice, imposition or fraud. Many doctors of the highest professional reputation think nothing of turning over their bad accounts to a collection agency. How many lawyers would feel professionally comfortable doing the same thing? The practice of law, while still a noble profession, is also, unfortunately, a business. Rent and payrolls have to be met; modern office equipment must be paid for. Lawyers are conservative. It has been hard for many of us to adjust to the realities of twentieth century cost accounting. This dichotomy is perhaps as much the reason as any other for the 1958 lawyer trying to get along not on 1938 dollars but on 1938 fees. Public use of fee schedules can be conNwrt column pIMM The Court of Appeals of New York has adopted a recommendation of the Joint Conference on Legal Education for changes in the rules relating to the conduct of bar examinations. The proposal, which will not become effective until August 1, 1961, is as follows: "That the bar, examination be an integrated whole, without credit for passing one part, and that the approximate ratio of 60-40 as between questions on substantive and adjective law be retained but this shall not apply to applicants who have heretofore passed one part." Special provision will be made for re-examining students who already passed one part of the examination prior to the effectuation date. In conjunction with the adoption of a single, integrated examination, it is understood that the Court will eliminate the extensive waiting periods between examinations presently required by Rule IV-3. Only that part of the Rule will be retained which excludes from the June or July examination those who previously failed an examination. The purpose of this is to reduce the congestion which usually occurs at the summer examination. The other recommendations of the Conference, including the proposal for a reduction from three to two in the number of examinations given each year and the proposal for limiting the number of times applicants are permitted to take the examinations, were rejected for the present. While integration of the bar examination eliminates the possibility of passing one part, it also eliminates the requisite of a minimum score on each of two parts. sideied only if we keep in mind the bar's traditional concept that the client, not the lawyer, sets the fee and that a fee is basically an honorarium for services rendered. Second, any fixed schedule for lawyers' services, except where provided by statute or possibly by an integrated state bar pursuant to Continue on page eight JOINS FACULTY 1958 Human Rights And the U. N. by Richard Valinsky and Jack Becker (The following article is based on an interview with the Hon. Philip Halpern, Justice of the Appellate Division, Supreme Court, Fourth Department. Judge Halpern received his LL.B. from the University of Buffalo in 1923. He was a professor of law in 1925, acting Dean 1943-1945 and Dean 1946-1947 at the University of Buffalo School of Law. From 1950 to 1952 he was President of the Buffalo Council of World Affairs. Due to his competence in the field of law and his interest and activities in relation to world affairs and problems, Professor Wade Newhouse he was appointed principal advisor to Mrs. Mary B. Lord who The OPINION extends a belatsucceeded Mrs. Eleanor Rooseed but hearty welcome to Professor Wade Newhouse, the newest velt as the delegate to the Commission on Human Rights and member of the Law School Faculserved in this capacity from 1953 ty. Prof. Newhouse brings to this to 1956. In 1954 he was elected area a wealth of background and experience which we feel will as the sole American member to benefit both the Law School and the Sub-Commission on Prevention of Discrimination and Protecthe Bar. tion of Minorities. His work in Professor Newhouse received connection with local chapters of his A.B. degree with Honors in Christian and Jewish organizapolitical science from the Southtions as well as his reputation as western at Memphis in 1948 and a jurist of outstanding ability, inhis LL.B. from the University of fluenced this high honor conferred Michigan in 1951. He remained at on Judge Halpern.) Michigan as a Research Assistant in the Legislative Research Center The Commission on Human of theLaw School until 1953. DurRights was specifically provided ing this two year period, the prifor in Article 68 of the United mary work was done on his book Nations Charter which reads "The "Constitutional Uniformity and Economic and Social Council Equality in State Taxation," which shall set up commissions in the will be published by the Unieconomic and social field and for versity of Michigan before the the promotion of human rights." is end of the year. The book a In Article 56 all member nations comparative study in state conpledged joint and several efforts stitutional law. to promote human rights. In pursuance of these articles the ComIn 1953, Mr. Newhouse was appointed Assistant Professor of mission on Human Rights was Law at the Creighton University established. The Economic and Law School in Omaha, Nebraska, Social Council is composed of 18 teaching among other courses Inmembers. Invariably elected are United States, USSR, Great Britternational Law and Constitutional Law. Prof. Newhouse attended ain, France, China. These five Columbia University Law School powers in conjunction with thirduring the 1957-1958 academic teen other members choose eighteen members which compose the year as one of the first Ford Foundation Fellows, where graduate Commission on Human Rights. work was started in International The drafting of the Universal Law toward an eventual J.S.D. Declaration of Human Rights Continue on page Mv«n Continue on page nine �2 Moot Court.. ©pinion ■■•■ ... . . OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Donald P. Sheldon Editor-in -Chief Eli H. Frankel Feature Editor Donald M. Silverbekg News Editor Jack Becker Associate Editor Richard Vaunsky Assistant Editor Donald Summer . .... Business Manager Prof. David Kochery . . Faculty Advisor STAFF Joseph Carlisi, Bruno Cambarere, Daniel P. Cohen, Stuart. A. Gelman, Peter Klaasesz, Jean Musacchio, Barbara J. Rogers, David Silbergeld, Vito Smiraldo. A Publication of the Student Bar Association and the Alumni Association of the School of Late. CIRCULATION Vol. 9—No. 1 — 2600 November, 1958 Personal ... To Prof. "Joe" and Mrs. Laufer Thank you, thank you very much. You opened your home to the Law School and let them "sip" from your cup of hospitality. You invited them to stir and mix with fellow students and faculty. Truly gracious, genuinely interested, keenly aware of the student's needs in our "Opinion" we acclaim you and hope that your "tea leaves" will always show your future is blessed with good — fortune. Chancellor Furnas to Address Law Students Chancellor Clifford C. Furnas, will speak to the students concerning the Law School's future in the University redevelopment program, at a coffee hour to be held on Friday, December 21, at 2:00 o'clock. This is the first in a series of coffee hour lectures to be presented by the Student Bar Association. President Arthur Bailey of the SBA has announced that the scheduled lectures will be presented, not necessarily by legal experts, Next column please . OPINION The Court of Public Opinion by Barbara J. Rogers tion on any legal topic. Lawyers By reading newspapers and by Ray Ellis Green magazines, watching movies and serve without compensation on Mindful of the fact that those television, and listening to the many boards as the Board of Edwho view "the advocacy side of radio, people not only discover ucation, in addition to those who give free aid to indigent prisoners. law" with cold indifference and which is the best brand of cigarwould not be "interested" no matettes, but also gather ideas about As for the lawyer in politics, Mr. Dittman feels that this is an acter what is said on that topic, it is different types of persons and prohoped that this article will .stimufessions. Law and lawyers have ceptable area in which to particilate and renew interest in moot always been favorite subjects of pate. The man trained in law and court oral argumentation. To that the communicative arts. The court devoted to the cause of justice, is end there should be a formalized room scene with its tensions and to be admired for giving of his course in effective trial and appeldrama has characterized lawyers time. late advocacy, however this raises in both a favorable and unfavoraMay 1, 1958 was the first naquestions of educational objectives ble light. The popular gangster tional "Law Day, UJS-A." In Erie which are quite beyond the scope movies are certain to have a County, ; a public meeting was of this writting. 'mouthpiece" as one of the leadheld in a court room. The observIt may be safely said that the ing players. The evening newsance was held to emphasize to the intercollegiate moot court program public the place of law in society. paper consistently has a story rehas proved itself a valuable aid porting the deeds or exploits of This May, the Bar hopes to exin legal training and development. some attorney. pand the program. One activity Of necessity, team members and This publicity has its good and might be providing speakers to those trying out for the team, bad points. A Perry Mason figure the high schools who will discuss learn the technique of assimilating commands respect and admirathe obligations and privileges of the decided cases into forceful cocitizenship. tion, and gives the public an apgent persuasive argument. The inpreciation of the intelligence and To aid in public relations, the tellectual nullifications that stem sincerity that many lawyers posNational Bar has retained the from attaining mastery of this sess. Unfortunately, the portrayservices of a liason between their skill, in any degree, cannot be al is too often of the opposite organization and the motion picsatisfactorily described. They are type. When people are repeatedly ture industry. The man is Mr. the real "selling" points of the exposed to the shady lawyer, they Stone, who had been in the movie program. To understand what it soon begin to believe that he field. He encourages producers to is that causes intelligent men to represents the majority of his portray the lawyer satisfactorily. favor one rather than another fellow-professionals. Other facThis is an important step in creatside of a debatable issue, to assess tors reinforce the original picture. ing the right impression to the the efficacy of one legal argument Many lawyers are, by definition, public. as opposed to another, to dissect associated with the criminal eleIt is difficult to distinguish the an opinion and obtain the soment. In addition to this fact, ordinary attorney from the other called "ratio decidendi," and to arlawyers are often linked with the people in his neighborhood. Howgue by analogy from a legal decimore unsavory aspects of politics. ever, when one or two lawyers sion, are all satisfying experiences. The Legal profession realizes create unfavorable publicity, there Superimposed on these, is the that it must continually keep peois a tendency to stigmatize the delight of planning an argument. ple aware of the important role whole profession. This situation What tactics and strategy should that lawyers play in society. Mr. can be combatted only by pointing be employed. The attempt to make John Dittman, President of the out the fact that the majority of the right choice at the outset; Erie County Association, Bar ■ practitioners are honest individuwhen confronted with such quespointed out what his group is als, devoted to the proper protections as: What if we meet this or doing in this respect. First, the Bar tion of their clients. Mr. Dittman that argument? How should the polices itself. Complaints which believes brief be written in light of our that lawyers should recome from the attorneys, or lay spect' themselves and their prooral argument? What if we have concerning such pracindividuals, to "switch" sides? fession, and, by so doing, will imtices as ambulance-chasing and prove the stature of the practice Balancing what I have termed soliciting, are referred to either of law. The greatest emphasis the satisfactions, are the demands the Ethics or Grievance Commitof the discipline. There is the reshould not be placed on money, The committee investigates the quisite of long hours of intensive tee. and the charges and may recommend in- but on proper practice monetary client's interests. Then, research and repeated brief wristituting disciplinary proceedings. tings necessitated in order to rewards will follow. The lawyer The case is then submitted to the must discipline his actions and bring the problem to a head. Appellate Division which takes Intercollegiate Moot Court combe determined to conduct himself final action. Punishment may be petition, truly a "students" sport, in an ethical manner. If each disbarment or suspension of pracbut the benefits derived will surindividual would do this, the pubtice. Mr. Dittman stated that vive and be measured best when lic could not help but place the there are few of these cases in put to a test in the arena of the legal profession in the high posiErie County compared to the numcourtroom. ber of practicing attorneys. tion it justly deserves. The Bar prefers to take a positive approach in upholding the Justice is truth in action. but by personalities in related position of the profession. They —Benjamin Disraeli show the community that lawyers fields. are an active, integral part of The lectures will be informal The not been civic affairs. A Speakers' Bureau logic: life of the law has and a question and answer period it has been experience. is maintained which will provide -Justice Oliver will follow each. someone to speak to any organizaWendell Holmes, Jr. A Competitive Sport �OPINION 3 City Court's Public Defender A Step Toward Equal Justice For All by Peter Klaasesz from the Board of Supervisors and year from the Common Recently it came to the attention $11,000.00 a Council. This amount pays exof the OPINION that many people penses of the attorney in charge, had a general idea concerning the his assistant, an investigator and Public Defender, but nobody a stenographer. seemed to have a concrete idea. Personnel—A special committee Therefore, this article will atof the Legal Aid Bureau appointcomprehento construct tempt a ed David E. Brennan as attorney sive picture of the recently creatcharge, Vincent E. Doyle Jr. as ed office of Public Defender for in his assistant, and Roert H. Zahm the City Court of Buffalo. as investigator. Brief History Former Chief Other Significant Facts The City Judge John W. Ryan Jr. Public Defender also handles apcalled a meeting of various citizens peals from City Court decisions and officials interested in estabto higher courts. lishing an organization to provide This system does away with the defense for indigent people held former practice of a judge assignon criminal charges. ing an attorney to handle a case The Buffalo Legal Aid Bureau of a defendant in City Court. formed a committee to study the However, attorneys are still asmatter and later invited the Erie signed to handle indigent cases in County Bar Association to particiCounty Court. pate in the study. The position of a public deThe Bar Association and Legal fender is appointive and runs for Aid Bureau then submitted a prean indefinite period. pared plan to the Board of SuperPresent Activity The public visors and the Common Council defender's office received its first of the City of Buffalo. case from former City Judge The Board of Supervisors voted to grant $11,000.00 to establish a Frank A. Sedita which involved public defender office for City the defense of a woman accused of an immoral act. Court, if the City of Buffalo grantDuring the first year, Mr. Brened a like sum. nan and Mr. Doyle had their The Common Council considhands full as they received 539 ered the plan and William Lawless, the President of the Council cases and had disposed of 520 by the end of the year. at that time, appointed a commitThese cases covered a wide area tee headed by William R. Brennan to study the need for a public of the criminal field as they involved everything from abandondefender. The committee reported that ment to robbery. There is an interesting article such an office was needed and recommended that the Council in the July issue of the New York State Bar Bulletin by Orison S. appropriate $11,000.0tt as the Marden, President of the National Board of Supervisors had done. The money sought was granted Legal Aid and Defender Associand the Public.Defender Office for ation,* concerning public defense. Mr. Marden believes that the City Court began operation July present system of defense avail1, 1957. It was made a part of the Legal able to an indigent person is in Aid Bureau and is known officially many instances inadequate and as the Criminal Case Division of unjust. This is because lawyers the Legal Aid Bureau of Buffalo. assigned to such cases often lack Purpose —As was previously such items as experience and the mentioned, the public defender necessary compensation while the system is created to provide legal prosecution has not only expericounsel for defendants in the City ence in legal matters but also Court of Buffalo when a defendant funds to enable him to do an adeis unable to hire counsel and to quate job. He quotes the statistics showing provide that same type of counsel that more than half of the people that a defendant would receive accused of crimes in the United if he were able to hire counsel. When a person comes to the States are without funds to obtain Public Defender, an investigation the services of a lawyer. Mr. Marden thus concludes "we of his financial status is made in an attempt to prevent people must provide more modern and from taking advantage of free effective methods for dealing with this problem, which is so closely counsel. connected with public confidence Finances —As also was menin our administration of justice". tioned previously, the Public DeNext column please year is a $11,000.00 fender granted — — — What It Takes To Be a Politician An interesting and sincere effort was made by Sydney J. Harris, in an article published in a late summer edition of the Buffalo Evening News, to bring to the lay public the requirements for a politician. Mr. Harris wrote the article with information given to him by an acquaintance. "A friend of mine, who retired from politics a few years ago because he needed more money to put his children through college, thinks the public is wrong in its attitude toward politicians. "The public,' he says, 'bemoans the fact that we have so few decent political figures; I, on the other hand, am constantly surprised that we have as many decent ones as we do.' 'Why do you say that?' I asked. 'Well, just consider what we require of a politician in this country,' he began to enumerate on his fingers. 'First, he must have stamina of a bull to endure the rigors of campaigning. If he does not have the physique for it, he'll collapse. 'Second, he must have the temperament—friendly and outgoing, willing to listen to people, thickskinned enough not to be hurt by false criticism. "Third, he has to be, if not intelligent himself, at least bright enough to pick intelligent men as advisers. This is not as common a talent as we think it is. 'Fourth, he has to be able to live pn his salary, unless he has inherited or married money, or It certainly seems that the Erie County Bar Association, the Buffalo Legal Aid Bureau, the Common Council of Buffalo and Board of Supervisors have taken a great step forward in dealing with the indigent prisoner problem, the seriousness of which is presented by Mr. Marden. This is certainly a step of which they can justly be proud. At present it is difficult to predict the future of Buffalo's Public Defender system, intimately such an organization may be extended to the courts of record and would thereby relieve private attorneys who lack experience in criminal matters from being assigned criminal oases. •"A Public Defender System for New York State?" by Orison S. Marden, New York State Bar Bulletin, July, 1957. Volume 29, pp 28S-299. made it before entering politics. These economic pressures cut drastically into the people we, can recruit for political office. 'Fifth, he has to live a private life that's above reproach or, at any rate, he has to be discreet and can't afford to indulge in any of the excesses we condone in others. 'Sixth, he can't be too obviously intelligent or too highly educated, or he runs the risk of alienating a lot of voters who are suspicious of thinkers—and this includes precinct workers who want <a 'reliable' candidate, which means one who is responsive to party needs and doesn't try to put principles above partisanship. 'Seventh, he must be willing to sacrifice his family life and leisure pursuits to attend a lot of functions he doesn't give a hoot about, and mingle with a lot of people he may have nothing in common with.' Tve still got three more fingers,' he concluded, "and could use them up. But perhaps by now you understand why I say that, demanding as much as we do, I'm surprised that even one politician out of ten comes up to our minimum requirements. Could you fit them yourself?" Support Our Advertisers Crotty's Peace Pipe Bar & Lounge LUNCHEONS 47 Niagara St., Buffalo, N. Y. Franklin Barber Shop 123 Franklin St. Across from Federal Bldg. For Appointment Call WA. 9250 Choose Your Professional and Personal Christmas Greeting Cards Now ! HAHCN 11MI1: If w »w WwOo ntu 111] 11I ■ W^H �OPINION 4 TWENTY-FOUR St. Thomas More Guild Activities PASS BAR Twenty-four members of the 1958 graduating class of the University of Buffalo Law School passed the state bar examinations held July 1-2. The successful UB candidate were: Ronadl D. Anton, Thomas T. Basil, Joel Brownstein, Daniel Callanan, James N. Carlo, Anthony J. Colucci, Jr., Samuel B. Battilo, John E. Doran, Diane C. Gaylord, Jack L. Getman, George M. Gibson, Harold M. Halpern, Richard J. Kubiniec, Robert J. Lane, Nicholas J. Longo, Joseph D. Luksch, Theodore V. Mikoll, Richard K. Phinney, Richard D. Robinson, Thomas H. Rosinski, David S. Sehulgasser, Benton K. Simons, John H. Stenger and Edwin P. Yaeger. The state wide results showed that 1916 candidates undertook the examination and 955 of the applicants passed. Included were 3610 persons who took the test for the first time. .From this total, 890 passed both parts, and an additional 309 passed one part, either adjective or substantive. A comparison of the UB average and the state wide average for candidates taking the bar examination for the first time shows that 44% of the former passed as compared to a 55% average for the latter. An overall picture seems to show that the Practicing Law Institute bar review course has the highest number of successful candidates. Further bar review information will be forthcoming in future issues of the OPINION. Franklin Barber Shop Across from Federal Bldg. For Appointment Call 123 Fraklin St. WA. 9250 Shoe Shine Sun Lamp A panel discussion on "The Church and Civil Views of Domestic Relations in New York State" was presented by the St. Thomas More Guild of the Law School on Sunday, November 16, in the school. The participants were: Rev. Stanislaus Brzana, Chief Justice of the Marital Tribunal of the Dioceseof Buffalo, and a practicing attorney. St. Thomas More Guild, established last year at the Law School, is an organization open to all Catholic law students. The Board of Managers is composed of four members from each class. The following students were elected in May, 1958: John Galvin, Tom Beecher. Jack Kirchgrabber, Al Tesluk, Phil Dattilo, Tom Pera, Gene Salisbury, and Sam Profeta. The following freshmen were appointed by the Board in September. 1958: Betsy Glaser, Joe McCarthy, Elaine Salvo, and Bill Tamulinas. The officers for this year are: Phil Dattilo, chairman; Tom Beecher, vice-chairman; Tom Pera, treasurer; and Al Tesluk, secretary. Many interesting activities have planned by the Guild for the coming year including the Annual Communion Breakfast, a research project with John Galvin and Gene Salisbury as cochairmen exploring natural law, and a retreat with Pete Higgins in charge of arrangements. The Guild also will participate with the Student Bar Association in the American Student Lawyer's Association's regional convention which will be held in Buffalo this year. been The Constitution does not provide for first and second class citizens. —Wendell Lewis Wilkie SEE AND HEAR COMPLETE ... Admiral Stereo Phonographs AND Son-R Television AT BURNHAM'S TV WORLD 578 WALDEN AVENUE For Your Constitution In his advice to a young lawyer, Justice Joseph Story once wrote: "Be brief, be pointed, let your matter stand Lucid in order! Solid and at hand; Spend not your words on trifles, but condense, Strike with the mass of thought, not drops of sense." Ashtrays in the judges' library of the U.S. Circuit Court of Appeals in New York are labeled: "Not government property. Please do not take from library." A woman in Rochester, New York, was sorely disappointed when the Appellate Division of the State Supreme Court upheld the judge's dicision against her damage suit for injuries suffered in a fall, agreeing that "she might expect a barroom floor to be wet on Christmas Eve." A law student described the whole subject of debt: A debtor is a man who owes money. A creditor is a man who thinks he is going to get it back. "Professor," asked the bright young law student, "could a blind man be made liable for his note payable at sight?" "Son," retorted the professor, "that could only be brought out if the blind man was also given a hearing." His campaign was a pleasant one, And worthy here of note; He only kissed the babies who Were old enough to vote. This might explain the dialogue father and son while between sightseeing in Washington. "That man, son? He's Chaplain of the Senate." "Does he pray for the members, dad?" "No, son. He looks at the members and prays for the country." From contemplation one may become wise, but knowledge comes only from study. —A. Edward Newton Marie's Restaurant "FOOD AS YOU LIKE IT Home Cooked MtaU DILAWAM Mr lAQU Houn: 7 «_m. to 6 r"* <• What Is Your Opinion? The OPINION welcomes your comments and views on any matter concerning the study of law, the legal profession, or any subject of concern to the legal comments as a whole. Please address your remarks.to Editor-in-Chief OPINION University of Buffalo Law School 77 W. Eagle Street Buffalo, New York All material sent must be subscribed to. LAW WIVES HOLD PARTY Approximately 175 ladies were entertained last Wednesday evening at the Schoellkopf Ballroom of the YWCA, when the Student Law Wives' Association of the University of Buffalo sponsored their first card party. In addition to the favors and refreshmentsenjoyed by each in attendance, about 40 door prizes were distributed to add to the success of the affair. Mrs. V. Smiraldo, chairman of the card party was ably assisted by co-chairman Mrs. L. Ramsey. Committee heads included Mrs. R. Stengel and Mrs. J. Lombardo, tickets; Mrs. C. Testa and Mrs. B. Cambareri, refreshments; Mrs. D. Fielding, table prizes;; Mrs. S. Giollombardo, publicity. Others on committee were: Mrs. E. Frankel, Mrs. L. Grossman, Mrs. R. Kaiser, Mrs. J. Schultoi, Mrs. J. Trimboli, Mrs. V. Veltre, and Mrs. A Vogt. No sensible man watches his feet hit ground. He looks ahead to see what kind of ground they'll hit next. —Ernest Haycox Our Advertisers Will Appreciate Your Patronage PROJECTORS MOVIE FILM KODAKS FILM - Sutor's Camera Store . 68 NIAGARA STREET Estalished 1876 �OPINION 5 What Is the Legal Aid Society? by Daniel Cohen The Legal Aid Society is a well known organization, but perhaps in name only. The functions of the Society nor its value as well aS practical achievements are not as familiar Legal Aid had its roots in New York City around 1876. Primarily its purpose was to aid German immigration. The Society reached Buffalo in 1912 when a group of public spirited lawyers and some leaders in the local bar recognized the need for such an organization. Interest was further spread by Reginald H. Smith's book Justice and the Poor. 600 applicants made use of the Society in its first year. At present the number of yearly applicants is 5.000. In its entirety, the organization has helped about 115,000 people seek justice. Physically, Legal Aid is governed by a Board of Directors consisting of 30 lawyers and judges, all contributing their services. They appoint the attorney and counsel who at present and for many years past has been Elmer Miller. Mr. Miller in turn appoints his own assistants. At present the staff consists of 16 people 8 lawyers (4 general lawyers, 2 workmen's compensation attorneys, and 2 criminal case attorneys) and 8 office employees.. The organization derives its financial support from 3 sources —one-half its funds come from the Community Chest and the remainder from the city and county, the county giving the larger portion. The newly formed criminal case division is supported solely by the city and county. Legal Aid is given to people who can't obtain it elsewhere because of financial drawbacks. If they can pay in full or part, it is suggested they seek private attorneys. If they are not familiar with any attorneys and make a request, the Society will refer them. Legal Aid does not compete with private practices but actually creates much more work for them. Many people who come to seek advice have such strong cases that the Society suggests that they take their claim to private attorneys who would no doubt be willing to take their case solely on a contingent basis. By showing these people that they do have a strong cause, litigation which in turn creates work for defense attorneys is stimulated which may otherwise never have come about. Of the cases handled by Legal Next column pltaft • BARRISTER'S BALL APRIL 4 The Social Committee, under the chairmanship of Ronald Tills, is making plans for the dances and parties which will be held during the remainder of the school year. The first event of the year was a dance held at the Cold Springs V.F.W. Post on October 4. The event was well supported by the student body. The highlight of the year will be the Barrister's Ball. Committees are already being formed for the Ball. The Social Committee plans to make this an event to be remembered. The date for the Ball has been set for April 4. If the plans develop as expected, this will culminate the S.B.A. Conference which will be held at U.B. Law School this year. — installment contracts present the largest single type. Wage claim (primarily in past) and workmen's compensation are also major types of litigation carried on. The other main groups are landlord-tenant disputes, payment for goods defaults, and domestic Aid, matters. The importance of Legal Aid can be seen by the number of cases it has handled and created. However, the main importance might very well be in the feeling that the law does provide decent protection and counsel for people who might otherwise be denied it because of their financial status. The Legal Aid Society is as valuable as any public servant organization can be, but lawyers, together with public workers and newspapermen, can best accomplish these goals by giving more publicity to the good being done. It is up to these people to notify the uninformed of this truly needed and valuable organization and thus accomplish the Society's goal to such or more important degree. Politics is the science of how who gets what, when and why. Sidney Hillman — Ode To a Freshman by Stuart A. Gellman So you've graduated college, Well, hurrah, and three big cheers, Go get the boys and celebrate, And have a couple beers. And then your friends will ask you What you'll do in getting by, Will you go and face the business world? This will be your reply: "Well, I thought about the Army, And I spoke to Maw and Paw, And we figured that to beat it, I should go and study law." So you tendered your credentials, And much to your surprise, You got yourself accepted A draft dodger in disguise. So "while classes were commencing. And the workload had begun, You refused to let your schoolTHREE—UB work, Take the place of all your fun. On Monday there was bowling, And on Tuesday girl friend Jane Wednesday noon, the lounge and then, In the evening Jane, again. On Thursday it was settled. That you'd really grind away, When your buddy called to see a show, Thus, work succombed to play. So on Friday, work commenced again, But this did not last long, Considering the local dance, Would play your favorite song. you're in the weekend, And you thought it would enhance Your bowling team on Monday ;Now, night By resting every chance. And so this did continue, And in May there came a fear That unless you passed your subjects, You would not be back next year. So you found the college bookstore, And bought outlines for each "Placement" Of perennial concern to law school graduates is the problem of securing positions of employment wherein they may use the basic skills with which they have been indoctrinated in law school. On the other end of the scale, employer-attorneys are frequently in urgent or future need of young graduate lawyers either to fill vacancies in, or to serve as additions to, their law offices. On the other hand, many practitioners often desire part-time students to work as clerks during the afternoons. The University of Buffalo School of Law is anxious to gratify all the foregoing desires. For several years now the Law School has maintained a placement service through which are sifted both the names of law offices and the names of jobseeking graduates. The job preferences of the attorney-applicants are carefully recorded as well as the specific requirements of the attorney-employers. It is the function of the placement office of the Law School to attempt to bring together employer and employee to the end that permanent profes- sional associations may result. Those current practitioners who are or feel they may be in need of a neophyte attorney in their offices—or who are presently seeking a part-time clerk from among the student body at the Law School—are urged to contact Prof. David R. Kochery, Director of Placement, or Mrs. Marion Dean, Registrar, at the Law School, CL 4372. All requests for employment or for employees will be promptly handled. So just a few weeks later, A voice belched loud and mean, "OK, you're out of school now, Let's clean up that latrine." Man's capacity for justice makes democracy possible, but man's inclination to injustice makes democracy necessary. —Reinhold Niebuhr Diplomacy is to do and say The nastiest thing in the nicest way. —Isaac Goldberg course, But time was not spent studying, But spent in deep remorse. And then your marks were mailed, And with everything at stake, You found that your Professors Made a terrible mistake. Next column please United Office Machines Corporation 112 Franklin St. - CL. 7072 Branches: Niagara Falls Lockport �OPINION 6 LawyerT'sheCorner by Stuart A. Gellman Author's Note: It could be said that this column was written "with you in mind," but the condemnation that would accrue from such a trite statement would be far greater than its intended purpose, so believe it, but assume it has never been said. The student, and even the young practitioner of law will eventually settle down to specialize in one area of the law as his life's work. But often, one's knowledge about these specific areas is quite lacking. Thus, the purpose of this column is a practical one to offer an opportunity to learn more about various phases of the law, with the intent that a benefit will accrue to ing of each profession may become compatible to the other. Both professions teach the man to think a certain way to arrive at a conclusion (the word "man" is used here in context, and is deemed to be in no way detrimental to the increase of women in law school today). Often, the Accountant and Lawyer may arrive at a different conclusion, but the conclusion in itself is not the only important factor, but the means of getting there must also be taken into consideration. This is not to say that one road is more correct than the Indigent Prisoners Defense Organization Outlines Plans For the Year The prime purpose of the IPDO is to aid counsel in the defense of prisoners who do not have funds to hire their own attorneys. Lawyers in and around Buffalo have recognized the invaluable assistance a student can offer: to wit: questioning witnesses, securing copies of the prisoners record, visiting the prisoners at 10 Delaware Aye., etc. Consequently, the demand for student aid has tended toward a sharp increase in the last 2 years, and the organization has still managed to provide the community lawyers with top grade students who are willing to take on the Herculean task of working on 2 or 3 oases at one time. Cases come into the office other, but that each road has its merits. But, is it not logical to assume that there exists an ideal road where both the Accountant and the Lawyer's viewpoint are some. joined upon the most ideal merits Each issue of the "Opinion" shall of each, to reach a conclusion that deal with another area of the law, will be best for the client? this man is not an Attorney or bethese to be determined by you, It is important, then, that the Accountant at large, but has the reader. Thus, if it is felt that client should be trained to become a specialist in the field of enough people would care to know come cognizant of the worth of taxes, and special corporate probmore about some specialized facet each of these men to his tax problems, the latter being somewhat of the law, this may be accomlems. The tax law can be best put ancillary to the former. This narplished by writing to this author, to the client's advantage by the rows his position down somewhat, in care of the University of Buffalo manwho can look at it fromboth the to an extent that this author feels Law School, 77 W. Eagle Street, Accountant's and Lawyer's viewthat the two fields combined into specialization can lead him to Buffalo, New York. point at the same time. Once the render a service that is invaluable. two fields are joined in one indiHe has been placed in a position a specialist in there arises vidual, The first article of this series the field of taxes second to none, that' requires more work than pardeal not so much with a will many other professional businessassuming the individual a capaticular facet of the law, but with men, but his background will proone. This conclusion is enble another profession added to the vide him with an even greater by hanced even more so the fact law, that being the field of Acin a position potential to accomplish his goal. that the individual is counting. In reference to the disIn 1958, there have been many to look at the same business from cussion, it shall be noted that the to the 1954 Tax Code amendments two different sides order to dein person from whom the following termine what is best. that will require the client's Acinformation was partially secured countant and Lawyer to get toLet us now look at the situation gether was not just experienced with with him to place him in practical from an even more some accounting knowledge, but the best position possible. Lawyto standpoint. It is much harder was a Certified Public Accountant ers', as well as Accountants' perias well as an Attorney-at-Law. secure business as an Attorney odicals have recommended this The person made reference to is than as an Accountant. Every perwholeheartedly. Think of the Mr. Harold Fein. It is with much son needs the latter, but needs value a man can be to his client in only the former on occasion the author thanks sincerity that who has been trained in both most cases. Thus, it seems easier Mr. Fein for his time and considfields. accounting. get a client But in to eration. In conclusion then, and a factor once gotten, if the individual has A combination of Accounting proven his worth, it is almost a that should influence the audacibring Law should the reader's and surety that the client's problems ous individual, is the fact that the thoughts to the field of Federal in law will also accrue to that field is an open one. Men are Taxation. But why has the field Eventually, needed here more than ever, and same individual. of Taxation been delegated in bigger, in the future, the demands for when the client becomes large to the Accountant, when the two join to gether to give the such a* person must increase, as the Lawyer is just as capable? individual the client's corporate sure as the complexities of busiThis has been mainly brought problems as well, and the man nesses and taxes will also increase. a man about by the client.. Tell row will become a specialist in Reference has been made in this the Government wants to see him article to a Lawyer who is also not just taxes, but even more. in reference to his tax return, and logical a Certified Public Accountant as the most point, At this his finger is dialing the Accountquestion to be asked is how one well, but it is the background that ants office before beads of sweat man can do justice to all these causes the better piece of meat, have actually fromed on his brow. fields and to the client as well? the Certification providing just a The client is certainly not acting question is a good one, and tastier gravy. The preparation The an action, indiscreetly by such and continuance of such an encan to be the one stumbling prove but he is not getting the most predeavor will be tedious, but the block to the average individual. fruitfulness of such a venture will eminent advice available. At this point, let us digress for But it must be remembered that be rewarding almost in itself. Next column please a moment to see how the train- at the rate of approximately 3 a week. From February, 1958,-May 1958, students were assigned to work on 37 cases and from Sept. 1958 to the present time, the office has assigned 21 cases. We look forward to a rather crowded but successful year. The IPDO has recently taken on a new extra-curricular activity: that is: assisting and encouraging the law school in developing educational and professional audiovisual programs. In May 1958, the organization secured the film "The Nuremberg War Trials and its Lesson for Today" through the auspices of the U.S. Army. We have decided to display additional legal films for the enjoyment of the law student, faculty, legal profession and the community at large. These films will deal with various aspects of criminal law and related fields. In some cases, experts will be invited to conduct a discussion in conjunction with the film. Among the various films which have arrived are "The Medical Witness" and the "Doctor Defendant". These films were released in 1957 by the William S. Merrill Pharmaceutical Company in cooperation with the American Medical Association and the American Bar Association. Additional films expected this semester include"A Day With The FBI", "Drug Addiction", films dealing with Juvenile Delinquency, conterfeit money, and positive indentification of the accused. In addition to the foregoing, the organization is going to attempt to secure various experts who will present a series of talks on criminal nrooedure. Mr. Maurice Frey, a former instructor and an expert in criminal law presented the first of these discussions on Friday, Oct. 31st. His topic was entitled "Procedure in Criminal Law and Local Practice". Announcements will be made regarding the availability of the films and the speakers. The world cannot continue to wage war like physical giants and to seek peace like intellectual pygmies. —Basil O'Conner CORRECTION The book "The Urge to Punish" by Henry Weihofen is published by: FARRAR STRAUSS & CUDAHY, 1956 �OPINION 7 Legal Bookshelf by Jack The Urge to Punish: Weihofen, Henry. Publisher, FAFFAR, STRAUSS & CUDAHY, 1956. $4.00. "to rest upon a formula is a slumber that, prolonged means death".—Justice Holmes, Collected Papers. Henry Weihofen, Professor of Law at the University of New Mexico and the author of "The Urge to Punish" is the fourth awardee of the Isaac Ray Award. The American Psychiatric Association established the Isaac Ray Award in 1952 to be given annualy to the person deemed "most worthy by reason of his contribution to the improvement of the relations of law and psychiatry." The awardee undertakes to deliver a series of lectures at a university having both a law school and a medical school which is selected by the association's board in charge of the award. The awardee, Henry Weihofen delivered the fourth annual Isaac Raj lectures at Temple University in December of 1955 and it is the text of these lectures that comprises "The Urge to Punish." Professor Weihofen's subject is the problem of how society should deal with cases in which the question arises, whether a person charged with a crime was so mentally disordered that he should be held as irresponsible ? For, to do so would, in light of modern day thought and advancement in the field of law as well as psychiatry, be nothing short of barbaric. Although this is not a new subject the author forcibly demonthat today this topic is more timely than ever because after more than a century of almost complete immobility, the law at last seems suddenly to be stirring. Professor Weihofen is, in his own words, "a lawyer, not a psychiatrist. The, ideal person to make a true contribution to the relations of law and psychiatry would be one who was master of both disciplines. The best substitute I can offer for a collaboration of law and psychiatry under one skull is a discussion of certain problems in the area where'law and psychiatry overlap, which may stimulate further thinking by members of both professions." In examining this problem several interesting facets of criminal law are explored. The one most familiar to lawyers and laymen alike is the examination of the Becker problem in light of the'M'Naghten (was the accused so mentally disordered" as not to know the nature and quality of the act he was doing or if he did not know it, that he did not know he was doing what was wrong.) By examining this law in relation to modern cases, the author concludes that this principle, developed in 1843, is as useful today as the scientist's conception of the atom at that time would be in the modern world of physics and chemistry. Today the use of psychiatric testimony is criticized in the premise that you can uy the "head shrinker's" opinion for sanity or not. Is this really the fault of the psychiatrist or does the law force through the use of ancient legal maxims, the modern day psychiatrist to speak a language in the court room which he feels to be prescientific and loaded with metaphysical implication not easily perceived? Emphasis is particularly given to Dr. Ray's solution of the problem and the possible corrections of the short comings of the M'Naghten Rule as embodies in the Law of New Hampshire and the District of Columbia. The alternative views expressed in the proposed drafts of The Model of the Penal Code of the American Law Institute are examined. An opinion as to which of the two courses would be better and the reasons for such a decision comprise the bulk of the work. In seeking new approaches to problems of mental irresponsibility for crime, Professor Weihofen Rule, LAW WIVES PLAN INTERESTING YEAR The Student Law Wives Association, in planning for the coming year, has a wide and varied program. On November 12, a card party was held in the ballroom of the Downtown Y.W.C.A. Other highlights will include a foods demonstration by the Iroquois Gas Company and a floral demonstration, at which women will have the opportunity to learn the art of floral arrangements. Plans are also being formulated for a book review, to be presented by a local personality, and a guest speaker from the League of Women Voters. Spring will be ushered in with a fashion show. Golf lessons will be offered to those women who do not wish to remain 'golf widows." A thrift shop has become an interesting part of the monthly meetings. This is an opportunity for the women to bring used and outgrown items which may be bought by others. The Law Wives are looking forward to an active year. Faculty wives, student wives and women students are cordially invited to become members. —JOINS FACULTY Continued from, page one His thesis concerns "Discrimination in International Law." Prof. Newhouse's main interest, outside of International Law, is his lovely wife, the former Rita Chapman of Grosse lie, Mich, and their two children. The U.S. Air Force had the services of Mr. Newhouse as a radio operator from January 1942 through August 1945. This semester Prof. Newhouse is teaching Constitutional Law and a seminar in International Law and will teach Agency and Administrative Law the following semester. Grand Opening NEW Stetson Shoe Shop Stetson - Freeman Shoes 11 Court Street Formely. Steward & Benson MILLER PRESS, Printers Telephone: TA ylor 9595 also presents very cogent argu- ments against capital punishment. This argument is no bases on the idea that we should simply shift our punishment from capital to life imprisonment or other negative sanctions as a remedy for crime, but rather an intelligent request for really positive "preventive" law enforcement. In this dynamic modern age with the help that psychiatry and psychology are giving us into the mainsprings of the operation of human behavior we are learning much about how to fit man into this world. Perhaps as a result of thoughtful analysis of the problems presented in "The Urge to Punish" we are also learning how to mould a society fit for man to live in—a society that respects human life and dignity. JService to the Legal Profession Abstract & Title Insurance Corp. Estalished 1886 BUFFALO ROCHESTER LOCKPORT An Affiliate of Title Guarantee 4 Trust Company �/OPINION 8 client; anil the danger that a fixed, I confess no case involving a emphasis can now shift from educlaim that lawyers had combined cating the bar to educating the inflemble and enforceable schedContinued from page one ule may well be an illegal restraint in restraint of trade has come to public. I of trade. Perhaps a greater my own attention. this the However, when we turn to However, authorization, statutory may well dangeA from rigidly enforced public may be because the bar the simply question just of how constitute an illegal restraint of than any actual antinever has setlawyers' been successful informed about in should be the bar's traditional concept that ting up truly enforceable schedfees, we must tread delicately— trust action, lies in the increasing trade, unless purely advisory, ules of fees or because prosecutors we must proceed with deliberate practice ofj legislatures to fix utwith no sanctions involved for enterly unrealistic nominal fees in and judges may have hesitated to speed—and I would here emphaforcement. many fields as Social Security attack the efforts of their brethren size the word dc/iberate. In United States v. National to earn a livelihood. I believe that suggests matters, Federal employees' comexperience Our local Association of Real Estate Boards, so far as charges are concerned may well be desirable to pensation claims and National 339 U. S. 485 (1950), where the there is no fundamental difference that it cases. seek understanding, by the public Service Life Insurance schedule the Washcommission of However, I would like to sugbetween a lawyer, a real estate concerned, of a local bar associaington, D. C. real estate board was broker, or a shorthand reporter tion's recommended charges for gest a far better way of educating held violative of the Sherman Act, and that all are, in this respect, certain classes of standardized the public about lawyers' charges it appeared that the Board's Code in a trade or business, even service such as real estate and than by disseminating a fee schedof Ethics stated "brokers should though the contrary seems to have probate work. For example, our ule as such. I hope State Bar maintain the standard rates of been suggested by Justice Jackson Associations will prepare, disnew 1958 State Advisory Fee commission adopted by the in his dissent in the Real Estate Schedule will contain a percentage tribute and publish folders or Board"; that while the prescribed Board case. Therefore the reschedule for handling real estate pamphlets similar in format to our rates were used in the great maof trade question must be transactions. This is similar to the present Public Relations pamstraint jority of transactions, in excepkept in mind when we talk about percentage handling charge now phlets which would, inform clients tional situations lower charges informing clients and the public made by many savings and loan of the bases of lawyers' charges. were in fact made; and that degenerally about fee schedules. I have here in my hand a small associations. It is a small fraction parture from prescribed rates had pamphlet used by a Minneapolis Minnesota adopted its first of the percentage commission not caused the Board to invoke statewide Advisory Fee Schedule charged by real estate brokers. firm of moderate size which they any sanctions. Nevertheless, a mahand to new clients. This, as you in 1952. Local bar associations had Few clients want to pay a lawyer jority of the Supreme Court refor a title examination on the basis will note, is in the form of a Soown had their fee schedule for fused to sustain the rinding of the of a number of entries, but the cratic dialogue between client many years. Country schedules District Court that the rate schedbuyer of a $50,000 house expects to George Brown and lawyer Harry were dog-eared, obsolete and unules were "non-mandatory". realistically low. The larger city pay his lawyer more than the Jones. In this dialogue the lawyer We are proposing to incorporlaw firms paid little attention to buyer of a $100 lot. One of our points out that the client should ate a statement at the close of the fee schedules. In 1951, the year rural counties which has already know the basis of charges. In exintroduction of our 1958 Minnesoadopted a percentage real estate plaining the basis lawyer Jones before our State Advisory Schedta Advisory Schedule to the effect ule was adopted, the mean income schedule laid the ground work by states: that habitual fee cutting to obtain of lawyers "I will gladly explain the basis in general practice in meeting .local bankers and real of our own charges; in fact, I business is to be considered a vioMinnesota was only $5,828.00. as estate brokers in a friendly social lation of professional ethics. Such compared with the mean average atmosphere and explaining the feel it to 'be much more imporfee cutting has in fact been held for lawyers in the United tant that we understand the States schedule to them. We ourselves unprofessional conduct. Yet I am as a whole in the same year of have found that most individual basis of fees to be charged than somewhat troubled about the line $8,933.00. By 1954 the to try to estimate the amount United clients are entirely content with between fee cutting and price fixof the fees. If I were to quote States Department of Commerce a real estate charge based on a ing. "reasonable percentage when it is -a firm figure for fees in a given reported mean income of Minnematter the figure would have to It is true that the real estate sota lawyers at $9,607.00, as comexplained that it is a Bar Assobe on the high side to allow for board case just mentioned arose pared with a mean for the country ciation practice. the possibility that more time in the District of Columbia, as did as a whole for the same year of Again in the probate of estates, might be required than was esAmerican Medical Association v $10,218.00. Thus Minnesota lawybanks, trust companies and inUnited States, 317 U. S. 519 (1943), ers during this short period foltimated; also the assignment formed individuals have become might involve one or more and that under United States v. lowing adoption of the State Adgenerally familiar with the Assominor tasks not anticipated Oregon State Medical Society, 343 visory Schedule increased their ciation so-called minimum fee when the main work was laid U. S. 326 (1952), it may well be mean incomes by 65%, as comrates, which in fact are customary that the rendition of legal services pared with just under 15% for the or maximum rates, and clients out. But I can give you a firm answer on the question of basis by lawyers in a state in accordcountry as a whole. Likewise generally expect to pay probate of our fees; the basis is the ance with a state or local fee median incomes of Minnesota charges in line with the schedules. amount of professional time acschedule does not constitute inBeyond fields of the kind menlawyers by 1954 were close to the tually required to do the work, terstate commerce and so does not median for the country as a whole. tioned, the general public distrifall within the prohibitions of the at the hourly rates being paid bution of fee schedules, if not the How far has the improvement mere adoption of them, to us by other clients for simSherman Act. However, it is subI raises, of the condition of Minnesota ilar services." mitted that independently of feddangers pointed all the submit, eral law, a price-fixing agreement lawyers been due to dissemination out by Dwight G. McCarty in the Then lawyer Jones goes on to by any local professional group to the public of fee schedule inthird edition of his book haw explain in considerable detail the is probably illegal under state law formation? This question is diffiOffice Management, pages 95-96, current basis of the firm's charges, explaining that there are heavy as a common law restraint of cult to answer. On the one hand namely, making the attorneytrade. More v. Bennett, 140 111. it has been the uniform policy of client relationship too impersonal, overhead items of. rent, salaries our committee distribute the to and equipment. He points out 69, 29 N. E. 888 (1892). See also giving the appearance of a mofee schedule only to lawyers. We nopoly, furnishing Braddiek v. Federation of Shorta target for that hourly rates do not remain hand Reporters (U.S.D.C, So. have worked primarily at educatfee-cutting by other lawyers, and, the same at all times. finally, rendering it extremely DJJ.Y. 1953), 115 F. Supp. Some ing the lawyers themselves. HowA discussion of basis of charges, ever, Minnesota lawyers, particurather than amounts of charges, years ago one of our local trust difficult for a lawyer, in approprilarly country the have towns, in companies decided against officialate circumstances, to charge more avoids the difficulties encountered found it tremendously helpful to ly adopting an association's sugthan the bare minimum. So we when specific figures are used. able show clients an to attracgested fee schedule for trust and be Figures may change because of income back to the problems menbound tively Bar Association tioned estate work, partly on the ground at the start—the age-old flation or be inappropriate because that such formal adoption might schedule. idea that a lawyer's fee is simply of the particular matter involved. be regarded as illegal. Our committee feel* that the an honorarium from a grateful Continu* on page nine —Minimum Fee Schedules schedules^ �OPINION 9 —Minimum Fee Schedules Continued from page eight I suggest that such a pamphlet should tell not only about the problems of a lawyer's overhead but should also go into some detail about trial preparation, about responsibility involved in rendering a title opinion, about the multitudinous matters to be taken care of in probate work and the processes by which a lawyer reaches an opinion. A small example of this is in our own pamphlet Meet your Lawyer where, under the heading "How do Lawyers charge for Services?", we have said: '"When; a lawyer charges for 'advice,' he does not mean an offhand personal opinion. He is talking about a conclusion reached after perhaps hours or days of combing through volumes of law to be sure he has exhausted the authorities and found all the law affecting your case." I emphasize this aspect of information because we have found that sometimes even clients who should know better, perhaps I may humbly suggest sometimes judges who have been on the bench many years, fail to realize the amount of effort that goes into preparation of a case, how preparing a stipulation of facts between parties often takes more time than the preparation and presentation of evidence in the usual adversary way In court. A doctor may look down your throat, see an inflamed condition, prescribe a pill, all in five or ten minutes, and send a bill for $5.00. A lawyer .is apt to listen to his client's story for an hour, spend perhaps ten times that time in study and investigation, then spend more time drafting a careful opinion. The client may, however, "see" only an hour or so of time, and feel that a charge of more than $25.00 or $30.00 is unwarranted. If clients can only understand the legal process, they will be more understanding of lawyers' charges. I might also mention that sometimes a fairly detailed form of billing, such as one showing the number of different ways in which services were rendered, can accomplish in part the same result, giving the client some conception of what was involved in the particular work done. (In a letter accompanying the speech. Mr. Morgan noted that there are many forms of detailed billing. His experience is that much depends on the particular client Some clients wish a separNtxt column plea» —HUMAN RIGHTS Continued from page one a painstaking effort first by the Commission on Human Rights and then by the General Assembly to take account of the differing religious traditions, political philosophies, legal systems and economic, social and cultural patterns represented represented among the then 58 members. (For an analysis of the divergent approaches to human rights among the major cultures prepared by UNESCO as a contribution to the work of the Commission on Human Rights; see UNESCO Human Rights, Comments and Interpretations: a Symposium, 1949.) The Universal Declaration of Human Rights was accepted unanimously at the United Nations with the communist bloc countries and some Arab countries abstaining from voting. The Arab countries that abstained were unable to give affirmative support to the Declaration because it recognizes as a basic human right the freedom to change one's religion. These Arab countries maintain that a person is born into a religion and has no right to change it. The Declaration has no legal effect but it has a definite moral force. The influence of the Declaration is evident in many recent constitutions such as those of Indonesia and West Germany. Also it has ben incorporated by reference in various treaties. Example of such incorporations are: 1. In Article I of the Treaty of Trieste, 1954, Italy and Yugoslavia agreed that in the administration of their respective areas the Italian and Yugoslav authorities shall act in accordance with the principles of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on the 10th of December 1948, so that the inhabitant of the two areas without discrimination may fully enjoy the fundamental rights and freedoms laid down in the aforesaid Declaration. ate memorandum detailing serv- ices entirely distinct from the bill showing the amount of the statement. In other cases, a very detailed billingl may be desirable. Sometimes also tax consideration must be kept in mind. Revenue agents frequently ask to examine statements for legal services and a detailed itemization may raise difficult questions of capitalization or other non-current allowance of legal expense.) 2. Chapter One of the General Convention between France and Tunisia stipulates as follows in Article 5: Tunisia recognizes the right of all those living on her territory to enjoy personal rights and guarantees as set forth in the Universal Declaration of Human Rights. Accordingly, she undertakes on the one hand to take all appropriate measures, in law or in fact, to guarantee to foreign na- tionals, within the framework of her internal legislation, the free exercise of their cultural, religious, economic, professional or social activities; on the other hand her traditions, complete equality to guarantee, in conformity with among her nationals, whatever their racial origin or religion, particularly in respect of the enjoyment, in law and in fact, of civic rights, of individual and public economic, religious, professional or social freedoms and of collective rights generally recognized in modern states. It is a standard which is used in the General Assembly debates and represents a consensus of world opinion. All countries today feel the weight of the moral pressures crystallized by the spirit of the U.N. Charter as realized in the Declaration of Human Rights. It is well known that Russia pays lip service to these standards but the force of these standards is such that even Russia is concerned with making a showing of compliance with them. The spirit which prevailed at the time of the founding of the United Nations gave rise to unrealistic hopes for the drafting of a treaty dealing with human rights which would be legally binding, on all member nations who ratified it. This movement took shape in an attempt to draft Covenants of Human Rights. The Covenants, unlike the Bill of , Rights of the U.S. Constitution which deals with political and civil rights, is also concerned with economic, social, and cultural rights. This difference is a result of the change in political philosophy between the 18th and 20th century. The Covenants are an attempt to set up a supra national authority or standards to which all signing countries would be legally bound. The conflicting interests and views of the sovereign states make any attempt at this time to set up such legally binding authority doomed to failure. For instance, the former colonial countries will not sign the Covenants unless they contain the right of self-determination. Even though this right is a collective political right rather than an individual right, and could be dealt with separately, the former colonial powers feeling that this is a good opportunity to express their opinion insist on its inclusion. On the other hand, England and France have indicated that they will not sign if self-determination is included. England's delegate pointed out that his country had already given 98/ of their former colonies the right of self-determination and will not be pushed the other 2% of the way but will follow a timetable based on the abilities of the peoples of the various colonies to govern themselves. Such a plan alleviates the danger of a power vacuum being created which might easily allow a demigod or communist group to seize control of the government. The delegate of repeatedly indicated that his country will not sign any covenant tbaL>^ contains international measures of implementation. The Soviet's position is that the covenant should formulate specific legally W"USSR Continue on page ten School Rings Have Your Under Graduate Seal on One Side and the Law School on the Other KSfi&&&i?vmi JjlrbAia only $26 95 STUDENT BAR ASSOCIATION BOOK STORE COMPLETE LINE of PENS and LEATHER GOODS �OPINION 10 —HUMAN RIGHTS Continued from page nine binding forms and that their enforcement should then be left up to the individual sovereign nations. In 1953 the United States publicly announced that it could not ratify the Covenants because of constitutional questions. grave The proposed covenants if accepted would have the status of a treaty and would thus become part of the supreme law of this land. In complying with parts of the Covenant granting certain rights to individuals, the Federal Government would be able to supersede state control in many areas of civil and criminal jurisdiction now under the exclusive control of the states. An attempt to remedy this defect was made by a proposal of a federal-state clause. Under this clause, the United States by signing the Covenants would bind only the Federal Government in so far as it has internal jurisdiction and would only have the status of recommendations to the states. However, this proposal was defeated because the countries having unitary forms of government could not see obligating themselves by signing and thereby allowing the United States to sign without obligating itself in the same degree. In the light of the decision of Missouri vs. Hollands 252 U. S. 416, 40 Sup. Ct. 382, 64 L. ED. 641 (1920) (that under the Constitution, Congress has the power to enact legislation to carry out treaties even though it would not have had the power in the absence of a treaty) the possibility that the U.S. might sign the Covenants alarmed many people and as a result the Bricker Amendment was proposed in Congress. In substance this amendment stated that Congress shall not be able to acquire any new powers by adopting a treaty that it did not have before the treaty was adopted. The realization of the chaos that would result to our federal-state system by adoption of the Covenants led to wide sup- Sec. 34.65(c) FLiS U. S. POSTAGE lc PAID BUFFALO, N. Y. Permit No. 311 port of the Bricker Amendment. Thus, the government was forced to publicly announce in 1953 that it could not support the Covenants. The U.N. Commission on Human Rights recognizing the world is not ready for supra national enforcement of human rights is now following a more realistic approach to their problems. It is now realized that any broad frontal attack that will seriously impair the sovereignty of nations is doomed to failure. The Commission is now involved in studies on a world wide basis of specific human rights. The Commission op Human Rights established separate sub-commissions to investigate and report on various areas of human rights. Twelve members are appointed. The action of the individual members of the subcommissions do not bind their governments as the Commission members do. The Sub-Commission on Discrimination in Education has already completed its study. Judge Halpern is the United States member to the Sub-Commission on Prevention of Discrimination and Protection of Minorities. At the present time, there are Sub-Commissions doing studies in the areas of Discrimination in Religion, Political Rights and Employment. These studies set forth the factual internal conditions of the nations in respect to these problems and brings the maximum force of moral pressure to bear on all nations to set their own houses in order. Also, these studies provide a forum for the exchange of experiences among nations on how they have attacked and solved problems of human rights within their various countries. An interesting development has been the recognition of non-governmental organizations (NGO) which are international private associations such as: 1. Consultative Council of Jewish Organizations 2. International Federation of Christian Trade Unions 3. International League for the Rights of Man 4. International Catholic Child Bureau 5. World Union of Catholic Women's Organization They are allowed to attend sessions of the Commission on Human Rights and Sub- Commissions. Twenty or more attend at all times. They listen to the debates and make speeches when called on to do so although they are not allowed to enter into the debates. They do not vote but they serve a very important func- in the studies of the Commission. Aspart of the studies, questionnaires are sent to the NGOs. When the answers from a government and an NGO differ, the government finds itself in the embarrassing position of having to explain the difference. This has led to greater accuracy in ascertaining factual internal conditions of countries in relation to problems under study. This approach is the only realistic! approach at the present time. The world is not ready for supra national enforcement of human rights. The Covenants were a fragment of world government attempting to deal with nationals in relation to their own governments. The emphasis must be uplion * on inducing governments to adopt domestic measures to protect human rights. Judge Halpern stated that in dealing with the problems of human rights on a global scale, it is important to keep in mind that, "the perfect is often ; the enemy of the good." Monroe Abstract & Title DENNIS % CO., Inc. Corporation Publishers and Dealers of TAX and TITLE SEARCHES Law Books y TITLE INSURANCE Phone, CL 0737 93 FRANKLIN ST. DENNIS BUILDING 251 Main Street Buffalo 3. New York Phones rnones CL23M CL 2JI° cl 2311 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1958-11-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 9 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/1958 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b3f570e1a1c4d9d71200e013332f000d.pdf d6247978b7f3a80d85a19e3ba06f2dfc PDF Text Text LAW DAY May Ist VOL. 8 - UNIVERSITY OF BUFFALO LAW SCHOOL OPINION NO. 4 APRIL, 1958 WHY... The Mitchell Lectures Eli H. Frankel For three days the attendance taker recorded the presence or absence of students at the Mit- chell Lectures, (a prime example of intellectual regimentation necessitated by the students lethergic attitude toward learning). The attitude of these individuals who are spending a tremendous amount of money and time is appalling, moreso to one such as myself who came here in search of professionalism. I don't mean to preach, but when you've spent ten years with the singular objective of wading through the mire of economic survival, it is difficult to comprehend WHY when the opportunity is here to learn, to develop the mind, there is such reluctance. Here and now can you with ease absorb the pleasures of thought, here and now can you adequately prepare yourselves for the stings of competition. Professionalism is' you, not the degree, not the title, not the fancy furniture of the spacious office. Its product knowledge that gives confidence and radiates assurance, that assists one to speak to clients, to judges, to juries with enthusiasm. What is meant by predictability, by stability, by the Law as a living thing ? Mr. Hall attempted to help us students give definition and meaning to these abstractions, by pointing out the schools of legal philosophy and advanced his own impressions. By showing from whence the law came and the direction it is heading, he figuratively was putting dollars in your pockets, because to practice law you've got to know what law is, the skeleton of semantics must be fattened with understanding. Judges speak in terms of reasonableness, rational, equitable, right, duty, in equity and good conscience. Are these terms more comprehensible then those of Hobbes and Fuller and the Natural Law, with its view of the law as being "the moral obligation to follow the commands of the government... that no law is unwhat the law just or invalid ought to be". Or when the cases espouse such references as or "section XXX of the CPA these are the facts and this is the law, or the state says," why is this verbage knowledgeable but . .. — Continue on ... pope six Prof. Jerome Hall Lecturer LAW DAY MAY 1st By proclamation of President Eisenhower, and under the leadership of the American Bar Association and the 1,400 state and local bar associations, the nation will observe Law Day U.S.A. on May 1. A.B.A. President Charles S. Rhyne, under whose leadership the plans for Law Day U.S.A. took form, termed the observance the most significant joint effort ever undertaken by the legal profession to emphasize to the public the place of law in society. He described it as a "dramatic opportunity" for the American people to demonstrate to the world their dedication to law as the foundation of their governmental and social system. Our law school will participate in "Law Day U.S.A.", but the exact extent and nature of the participation has not yet been determined. A Proclamation By the President of the United States of America WHEREAS it is fitting that the people of this Nation should remember with pride and vigilantly guard the great heritage of liberty, justice and equality under law which our forefathers bequeathed to us; and WHEREAS it is our moral and civic obligation as free men and as Americans to preserve and strengthen that great heritage; and WHEREAS the principle of guaranteed fundamental rights of individuals under the law is the heart and sinew of our nation, and distinguishes our governmental system from the type of government that rules by might alone; and WHEREAS our government has served as an inspiration and a beacon light for oppressed peoples of the world seeking freedom, justice and equality for the individual under laws; and WHEREAS universal application of the principle of the rule of law in the settlement of international disputes would greatly enhance the cause of a just and enduring peace; and WHEREAS a day of national dedication to the principle of government under laws would afford us an opportunity better to understand and appreciate the manifold virtues of such a government and to focus the attention of the world upon them; NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby designate Thursday, May 1, 1958 as Law Day. I urge the people of the United States to observe the designated day with appropriate ceremonies and activities, and I especially urge the legal profession, the press, and the radio, television and motion picture industries to promote and to participate in the observance of that date. By the President: JOHN FOSTER DULLES Secretary of State DWIGHT D. EISENHOWER The White House February 3, 1958 Judge Desmond Addresses Guild The recently organized St. Thomas More Guild held its first function last Sunday, April 13. The afternoon's activities included a discussion entitled "The Conflicting Demands of Equity and Stare Decisis", and a coffee hour in the student lounge. Participating in the discussion were Joseph Carlisi. a junior, Richard F. Griffin, Esq., class of '57, and the Honorable Charles S. Desmond of the New York Court of Appeals. After commenting on the subject at hand, Judge Desmond issued a plea for two badly needed legal reforms. He suggested that the requirement of a printed record be abolished since substitute methods of reproduction are available at much less cost. It is his opinion that the cost of printing alone discourages many worthy litigants from appealing their cases. Secondly, Judge Desmond called for a simplification of appellate procedures, particularly those dealing with jurisdiction. Chairman of the affair, John H. Galvin, stated that remarks concerning the program were generally favorable and in his opinion, the project was a success. Galvin added that Phil Dittilo and the students' wives who assisted him deserve special praise for their fine job in serving the refreshments. A Memorable Event The ninth annual Barristers' Ball was held Saturday night, April 19, in the Terrace Room of the Statler Hilton. Amid the melodious strains of Ange Gallea and his orchestra, three hundred persons danced and dined throughout the enjoyable evening. In a receiving line to greet the guests were, the Hon. Frank A. Sedita, '31, Mayor of Buffalo, and Mrs. Sedita; Dean Jacob D. Hyman and Mrs. Hyman; Mr. Samuel Perla, President of the Student Bar Association, and Mrs. Perla; and Mr. Ronald Tills, Chairman of the dance. The highlight of the evening was the choosing of the queen. Eight girls chosen by the Law Wives Association were introduced to the judges. The latter were: Mayor Sedita, City Council Continued on page four �OPINION CPpinian OF THE UNIVERSITY OF BUFFALO LAW SCHOOL DONALD P. SHELDON Editor-in-Chief ELI H. FRANKEL Associate Editor DONALD M. SILVERBERG Associate Editor JEAN MUSACCHIO Copy Editor DONALD SUMMER Business Manager PROF. DAVID KOCHERY Faculty Advisor STAFF JACK BECKER JOSEPH CARLISI ALEX KUSHNER RICHARD VALINSKY A Publication of the Student Bar Association and the Alumni Association of the School of Lav). CIRCULATION "COME BACK, LITTLE MONEY" One of the key topics of concern to the students is the lack of funds for the Student Bar Association. Because of the deficiency, many facilities at our school are lacking or are barely "getting; by" with the bare essenVOL. 8 NO. i APRIL, 1958 tials. A typical example of the above is the student "lounge." With approximately two hundred students comprising the enrollment, we have a total seating capacity of SUGGESTED RELIEF forty in the lounge. Of course this does not include the beverage With tuition going up in the cases, but the total is inclusive of fall, widespread unemployment the "half-backed" chairs. among us, and a deficiency of Another illustration is the difscholarship and loans available to ficulty the Indigent Prisoners Desome changes fense Organization has in obtainstudents, I feel that should be made in appointing stuing funds for its annual cocktail dents to remunerative positions in party. Although this organization the school's structure. Without has brought substantial recognibeing concerned with the methods tion to the Law School, it has not of past appointment, I would like received any financial support thi3 to propose qualifications and proyear. cedures for future appointments. The Student Bar receives its give order to incentive to In infunds out of the General Actividividuals to raise their scholastic ties Fee paid to the University rating and thus raise the standby each student. This fee of $15 ards of the school, i am proposing per year is divided into two porthat the jobs of manager and astions: $12.20 per student which sistant manager of the bookstore, is directed to the athletic assomanager and employees of the ciation, and the remaining $2.80 caieteria, attendance takers and destined toward the student aclibrary assistants be filled on the tivities fund. basis of scholarship, need, and Out of an agreement made ability. This could be aceomabout five or six years ago, the plisned through a joint commitSBA and the Board of Managers tee ol the laculty and the Student agreed to give the Law Scnool Bar Association. students 85'A of the $2.80 per All persons interested in these student. The difficulty with this jobs would be required to file an is evident at the present time application with me above comwhen there are fewer students in mittee in the same manner as apattendance, yet, to our satisfacplicants are required to do for tion, the organizations oi the Law scnoiarships ana loans. School continue to function. The The result of such a system total received this year was $490, would relieve persons who meet from which all student activities are supposed to operate. the above quanncations of outside employment, increase the The question arises whether standards 01 the school, and inthere ii any solution to this crease the euiciency of these problem. An easy resolution would positions. Next column — 2600 - Editorials... be to tack on a sum to be paid with the tuition, but which would go directly to the SBA. However, with tuition being raised $90 per semester, this may be an extreme burden. Another possible solution is to allocate to the Law School the $2 per student paid by the student as a Norton Union fee. Although the law student has the right to the use of Norton Union facilities, it is obvious that they are not at his disposal. Access to the student union's cafeteria or other facilities is a half hour ride through the city. Why do we pay this $4 per year and receive nothing in return? The solution is to pay this money to the law school! —The Editor ALUMNI — NOTE! A "school" is interpreted by some people to be a modern building with lots of classrooms and the newest equipment. The Supreme Court recently described a law school education to be more than the physical education plant —it is to be the free inter flow and exchange of ideas. But isn't it a little more—an undennable spirit that prevails; that reaches out to make the student attain a higher standard and to do a better job while in school and after graduation. Such a spirit is composed of the alumni—those graduates of the school who are now members of the profession. When one graduates from a school he is tainted with the mark of that school forever—for better or worse. He is recognized with the school's ups ana downs, fortunes and misfortunes, whether he graduated in 19UU, 1926, 1950 or in 1960. A UB graduate is a UB graduate and will ALWAYS BE a UB graduate. This editorial is NOT a request Next column for money nor a sales pitch for the future. It is intended only to be stimulus to bring the alumni together in the future to build and maintain a stronger link between the school and the Bar. At the present time several potentials are weak and inadequate. The Law School Alumni Assn. is weak and for all practical purposes inactive. The Law School Committee of the Bar Assn. does not have much more life. The Indigent Prisoner Program of the Bar Assn. and that of the Law School should try to work more closely together. Many other potentials could be named. The purpose of the Law School is to teach and discipline students into the parts of the Law. The function cannot be adequately performed without the active participation of the practicing profession. The student of today becomes the lawyer of tomorrow. Is the profession going to be proud of him or is he going to lower the professional level 1 Part of the credit or blame will fall on the alumni. TUITION RAISED Tuition for all University of Buffalo divisions will be raised as September, 1958. The an01 nouncement was made by Chancellor C. C. Furnas in a letter mailed to all the students of the University, Ihe tuition increase was approved by the General Administration Committee of the University Council on March 18. In the letter to the students. Chancellor Fuinas stated that "the total costs of the University's operation are never fully covered by tuition." But he also went on to add that "even at the new rates, student charges will still cover less than 70% of the budget." me Chancellor concluded that "we have even operated at a substantial deticit for the last two yeara in the hope that we could ueiay a tuition increase, but it is now an absolute necessity." The last increase in tuition occurred in September, 1956. Law students will have a substantial increase in their tuition. An additional $i) 0 per semester will be billed in the next academic year, raising the tuition lrom $350 to $44U. 'fhis compares to a raise from $400 to $490 per semester for the dental students and from •>475 to $040 for the medical students. Through research conducted by the stall of the OfiNIUN, the following comparisons of tuition were made to other law schools in the area. The rates were ior the 1957-1958 academic year (unless otherwise noted). Albany Law School $325 per semester. — — Brooklyn Law School $18 per semester hour or $1440 for Continued on page three �OPINION —TUITION RAISED Continued from page two the entire legal course. Cornell Univ. Law School $462.50 per term. Harvard Univ. Law School $1000 per academic year. Univ. of Michigan Law School $140 per semester for residents. $275 per semester for non-residents. (This tuition being raised for 1958-1959). New York Univ. Law School $450 per term. Northwestern Univ. Law School $400 per semester. Univ. of Pennsylvania Law School $450 per term. Syracuse Univ. Law School (effective Sept. 1, 1959)—5400 per term. Yale Univ. Law School —$500 — — St. Thomas More Guild Speaks The final activity of the St. Thomas More Guild for this semester ia a communion breakfast scheduled for Sunday, May 4. Gene O'Conner, chairman of the function, announced that Dr. Charles A. Brady, chairman of the English Department of Canisius College has agreed to speak on the "Life and Times of Thomas More" Dr Brady is a recognized expert in this area, and his book, "Stage of Fools", deals with the subject. O'Connor announced that while non-catholics may not be interested in attending the Mass, they are more than welcome at the breakfast. Reservations can be arranged through any member per term. of the Guild's Board of Managers. Since the 1958-1959 tuition comElections for next year's Board pares favorably with other schools, no complaint seems in of Managers will be held April 30. Four freshman and four order. Probably the only disagreejuniors will be selected to govern ment that arises is the timing. the Guild John H. Galvin, thepresent chairman of the Guild, expressed the hope that during the summer the new board would work out in detail next year's activities These activities might include: (1) a retreat oriented toward the spritual problems peculiar to lawyers', (2) a program whereby interested students could do detailed The law wives association has and creative work in the field of elected the following officers for legal philosophy; (3) a series of panel discussions dealing with the 1958-1959 academic year: Mrs. Robert B. (Janet) Kaiser, specific legal-moral problems such as right to work, divorce, civil president; Mrs. Eli H. (Dolores) rights etc.; (4) sponsoring lecFrankel, vice president; Mrs. David (Elfriede) Fielding, secretary; turors of national repute in conMrs. Veto (Rosemarie) Smiroldo, junction with the Catholic Lawyer's Guild of Buffalo; (5) intreasurer. On May 10th, there will be a itiation of a program whereby luncheon for the members at Mac- leading Catholic reference books Doel's to wind up the activities for and current periodicals be systhe year. Plans are now underway tematicaly contributed to the Law for establishing a welcoming comSchool library. mittee to greet next year's stuIn summing up the ideals and dents and their wives, and to objectives of the Guild, Galvin help them, if possible, in finding said the group is dedicated to accommodations. three basic propositions: The purpose of the organiza- First: Law School in addition to tion is, in addition to its social developing legal technicians proaspects, to better acquaint the vides the student with an opporwives with the problems facing tunity to examine objectively the their husbands in the school moral basis of current and prowork in order that a measure of posed legal institutions. understanding may be attained. Second: Twenty centuries of CathThis was the theme of a talk, thought and experience can given at one of the first meetings olic an evaluation of curof the year by Professor Robert contribute rent legal institutions and the Fleming of the Law School Faculty. Among other guest speakers development of future ones. during the course of the year Third: The Catholic lawyer has a particular responsibility to God were: Mrs. Carpenter of the Farand country to participate in rell Charm School, who dispensed tips on Poise and Beauty Care, creating a society wherein the and Detective Edwin Grainger, State can fulfill its legitimate function and all men can achieve who spoke on the narcotics protheir eternal destinies. blem in Buffalo. — — — — Law Wives Association Elects Officers McMahon & Fay RESTAURANT & LOUNGE BAR Breakfast, Luncheon, Dinner 58 NIAGARA STREET Crotty's Peace Pipe Bar & Lounge LUNCHEONS 47 Niagara St., Buffalo, N. Y. New Issue of Law Review Circulated The "Buffalo Law Review" headed by Editor-in-Chief John Stenger recently brought out the latest issue (Vol. 7, No. 2). This issue continues the custom of the wide diversity of articles. Judge Victor Wylegala of Children's Court of Erie County and Ernest Witebsky, M.D., Professor at the University of Buffalo Medical School collaborated on an article of interest to most gen"Paternity eral practitioners Blood Tests Science or Mystery". Prof. Robert Fleming of the Law School faculty has written an interesting article affecting all "Group Buying Unconsumers der the Robinson-Patman Act: The Automotive Parts Cases." Those interested in comparative Two—Miller apr 16—opinion—fh law will enjoy reading "The Italian Constitutional Court in Its First Two Years of Activity" by Professors John Clarke Adams and Paolo Barile. Under the Notes and Comments section, an interesting comment is "Constitutional Limitations on the Legislator" dealing with the powers of legislative committees to investigate and the rights of persons testifying before the committee. "Interpleaderin New York-Jurisdictional Problems" brings out the problem of distinguishing between garnishment and interpleader cases, conflict of laws situations and distinctions between the federal and state intei* pleader laws. "Corporate Debt Financing under the Tax Law" should be of interest to all lawyers and corporations. Factors as to tax savings and pitfalls to be avoided are pointed out in this note on debt financing and the use of debentures. Book reviews have been written by John P. MacArthur and William 3. O'Conner, Jr., members of the New York Bar, and James R. Runney, Assistant U.S. Attorney, Southern District of N.Y. — — — Justice is a machine that, when some one has once given it the starting push, rolls on of itself. —John Galsworthy l!l[|!!llilllllllll!;llllllllll»llll[i]]||llllllllllll[llll!IIII«IIMII«illilllil!lilHl: Alumni News Robert M. Murphy of 112 Mariemont Aye. has been named an assistant attorney general. With a $6500 salary, he will be assigned to the Litigation and Claims Bureau. Mr. Murphy, 29, was the top member of the June 1956 class. He had served as an apprentice to State Atty. Gen. Louis J. Lefcowitz under the honor law school graduate program and also as a deputy assistant attorney general. Law graduates have contributed $129,512.50 to the Greater University of Buffalo Fund. Alumni pledges in the $9,600,090 drive have reached $402,497.50. This represents 62% of the alumni goal of $650,000. The drive is part of a $35,60Q,-000 development program for the next 15 years. PROJECTORS MOVIE FILM KODAKS - FILM Sutor's Camera Store 68 NIAGARA ST. Establisded 1876 FOR ALL YOUR STATIONERY NEEDS ULBRICH'S 7 STORES WBRICHS" SIMPLIFYING SPEEDING SAFEGUARDING YOUR REAL ESTATE TRANSACTIONS Phone MA. 2345 Abstract % Title Insurance Corp. JOHN TRIMPER & SONS, INC. 110 FRANKLIN ST. BUFFALO, N. Y. For Free Delivery Service 1 WINE & SPIRITS 76 VV. GENESEE ST. Opp. Hotel Statler Rochester, New York Lockport, New York �OPINION • Fee Ceiling Held Invalid Loans for Students The Appellate Division has recently held that the courts may not put a ceiling on fees that trial lawyers collect in personal injury The New York Higher Education Assistance Corporation, a non-profit corporation, created for the purpose of lending funds to students who are residents of New York State to assist them in meeting their expenses of higher education at colleges in this btate or elsewhere, has recently been authorized to guarantee loans students obtained from private cases. In an unanimous decision, the justices said a tea schedule proposed last year by the First. Department, comprising Manhattan and the Bronx, was invalid. The schedule was imposed in the First Department after the Appellate Division there found retainer statements filed by attorneys showed that in about 62 per cent of the cases, the lawyers collected half of the judgements awarded their clients. Presiding Justice David W. Peck of the First Department said the rule was needed "to set some standard of professionalpropriety and public protection." Supreme Court Justice Harold Stevens held the Appellate Court had no power to propose and enforce the rule. Atty. Gen. Louis J. Lefcowitz appealed the Stevens' ruling; and the case was transferred from the First to the Third Department. The division's Third Depart- ment held that lawyers' fees were governed by agreements "not restrained by law." In an opinion, the court asserted it was unre- alistic to say that freedom of contract remained unimpaired when its exercise was under the possibility of disciplinary measures. The fees proposed under the schedule were: 50 per cent on the first $1,000 recovered; 40 per cent on the next $2,000; 35 per cent on the next $22,000; 25 per cent in any amount over $25,000; or a percentage not exceeding 33% per cent of the sum recovered. Guaranteed sources. Under this law, the student may apply for an educational loan to a bank and, if approved, the repayment of the loan will be guaranteed by the New York Higher Education Assistance Corporation. It is expected that with such guarantee, loans to students will be more readily available and upon more favorable terms than heretofore. Students under twenty-one years of age are eligible for such loans. A loan may not be guaranteed for an amount in excess of $1,000 for any school year. The above information was forwarded to the editor of the OPINION by means of a letter from State Attorney General Louis J. Lefkowitz. Further detailed information may be obtained by writing to the New York Higher Education Assistance Corporation, Education Building, Albany 1, New York. Franklin Barber Shop 123 Franklin St. Across from Federal Bldg. For Appointment Call WA. 9250 For Your Constitution There are three tombstones in a family plot near Niagara Falls, Ontario. Here is the inscription oh the center one: "Here I lie between two of the best women in the world, my wives. But I have requested my relatives to tip me a little toward Tillie." The uncertainty of the law was never more fully stated than in the case of an unlucky Englishman. He explained it all to a sympathetic friend. "My wife had me drawn into the divorce court. The main allegation? That I was sterile. Naturally, I engaged a solicitor to represent me. At the same time our upstairs maid went to Bow Street and lodged a paper against me, charging me with the fatherhood of her prospective baby. Again I had to engage a solicitor. And would you believe the uncertainty of the law ? 1 lost both cases!!!" After a young lawyer had talked nearly five hours to a tnoroughly bored jury, his opponent in the case, a grizzled veteran of the legal cockpit, rose, smiied sweetly at the judge and jury and said, "Your honor, I will follow the example of my young friend who has just concluded, and submit the case without argument." In the French parliament, one of the deputies, making a speech urging the improvement of the legal status of women, cried: "After all, there is very little difference between men and women!" With one accord, the entire Chamber of Deputies arose and shouted, "Vive la difference!" When a man assumes a public trust, he should consider himself as public property. —Thomas Jefferson Rigorous law is often rigorous TA. 9595 injustice. I P D O Honors Public Defenders The Indigent Prisoners Defense Organization's annual cocktail - party will be held from 3:30 5:00 on Wednesday, April 30 at the Law School. In addition to bringing the activities of the organization to a pleasant climax, the 1958 cocktail party will have added significance—David Brennan and Vincent Doyle of the Public Defender's Office will be honored for meritorious and outstanding public service. Joe Crangle and Art Bailey are co-chairmen of the party. —BARRISTER'S BALL Continued from page one President William B. Lawless, Jr., Corporation Counsel Anthony Manguso, and Federal Bankruptcy Keferee James E. Privitera. Mistress of ceremonies was Miss Diane Gaylord, '58. Chosen queen was Miss Margaret Hamilton, the date of William G. Olney, '60. She was crowned by Mayor Sedita. Among the notables in attendance at the dance were the Chancellor of the University, Dr. Clifford C. Furnas, Supreme Court Justice Matthew Jasen, and City Court Judges Ann Mikoll and Michael Zimmer. A key ring which included a gold gavel was distributed to every woman at the dance as a favor. Add books were also distributed. The dance committee under the chairmanship of Mr. deserves the applause of every student for a truly memorable evening. The committee included Thomas L. Jones and Leroy Ramsey, program; Diane Gaylord, Queen; Marianne Saccamondo, Publicity; Joyce Topp, X posters; John Mariano, orchestras; Arthur Bailey, tickets; and Alex Kushner, corresponding secretary. Tiss —Terence rfcUrice... MILLER PRESS PRINTERS If you've got a son or daughter Who ain't livin' like they orter, If the neighbors and the preacher, The policeman and the teacher Are convinced that they are headed straight for hell; If their instincts are possessive And their ego is excessive, If they're short on brains but very long on jaw, Don't sit up all night and worry, Make your mind up in a hurry, Chuck 'em off to school and make 'em study law. (from "Laughter is Legal") <$ In his advice to a young lawyer, Justice Joseph Story once wrote: "Be brief, be pointed, let your matter stand Lucid in order! Solid and at hand; Spend not your words on trifles, but condense,, Strike with the mass of thought, not drops of sense." Marie's Restaurant "FOOD AS YOU LIKE IT" Home Cooked Meals 68 DELAWARE near EAGLE Hours: 7 a.m. to 6 pjn. �OPINION Law School to Elect Representative The election for the Law School representative for the new Student Senate will take place on Tuesday, April 29, at the Law School. There will be one seat available to the Law School since representation is based on the number of students registered at each individual school. Each school gets one representative per two hundred students. Vicing for the one Law School seat are two well-qualified freshmen who are very much interested in looking out for the best interests of the Law School students. The candidates are John Mariano and Alex Kushner. Both men are alumni of U.B. undergraduate school and are familiar with the workings of the Senate. Since attending Law School, John has been associated with the Social Committee, and the Band Committee for the Barrister's Ball. Alex was an appointed member of the Student Bar Association, is a member of the Social Committee, the Opinion, and was Corresponding Secretary for the Barrister's Ball. Both men are students in good standing and are well qaulified for the position. It is your duty to go to the polls on Tuesday and vote for the man you feel will best represent the Law School on campus. Giant Fan Called "Out" With "heaviness of heart," New York Supreme Court Justice Harry B. Frank dismissed recently a suit by a "dyed-in-the-wool" Giant baseball fan to prevent the National League team moving to San Francisco. Justice Frank said that although his sympathies were with the lan, Julius November, holder of ten shares of preferred and ten of common stock in the National Exhibition Co., he had failed to make out a legal case. In a twelve-page opinion, Justice Frank said that November's contentions were Legally "outs." Justice Frank wrote, in part: "This case has, in iruth, been a most difficult one for the court to resolve, for beneath the judicial robes beats the heart of a Giant fan. "As the spring breezes bring closer opening day of the great American pastime, nostalgic memories spring sharply into locus—from the far past the unsurpassed exploits oi 'Iron Man' MuGinnity, Roger Bresnahan, Christy Mathewson, Chief Meyers and Koger Uornsby, and, closeu to our times, the glory of ten pennants under the great John 'Muggsy' McGraw, the inimitable 'screwball' of Carl Hubbell, the affable Mcl Ott, that less than speedy Ernie Lombardi, the irrepressible Willie Mays and the drama of Bobby Thompson's winning home run in the 1951 playona against the 'Bums' to carry on the tradition. "A wave of regret wells up at the thought that the Polo Grounds will cease to be the repository of these memories, and that no more will the clarion call, 'Play Ball,' echo from Coogan's Bluff. "It is truly an American phenomenon that a game can reduce to equality in emotional Irenzy all within its grasp from Chief Executive to humblest citizen. "indeed, when the count is three and two, the Sputniks and Van- guards fade into insignificance beside that tiny whirling sphere that orbits 90 feet from its Cape Canaveral at the mound to the unknown at the plate. OPINION Bookshelf "WORLD PEACE THROUGH WORLD LAW" by Grenville Clark and Louis B. Sohn (Harvard University Press. 540 Pgs. $7.50). In the long history of human warfare there has never occurred a more thrilling fatch than the arms race which the United States is presently engaged in with the Soviet Union. It is, however, difficult to remain merely a thrilled spectator when one is aware that he, the spectator, may become at any moment the victim of the race. Now is the time to ask the question: Are intercontinental missiles and lethal satellities the final product of man's inventive powers in the nuclear age ? Or can . SUMMER SUITS From $2Q.95 and Colorful Accessories To Compliment Your Good Taste at j&obb, 70 NIAGARA ST. . manently tolerable mode of life in the nuclear age. The treatment of these fashionable expedients in contemporary foreign policy will bring distress to all who give no thought to what lies beyond the ever-deferred victory in the arms race. man produce something to dispel his fear of impending annihila- tion? Although Granville Clark and Louis B. Sohn do not claim to have a definite answer to this "The court readily admits that question, they are confident that its sympathies lie wholly with a satisfactory answer can be that 'dyed-in-the-wool' Giant fan found and that they can point the arrow in the direction that the who is the plaintiff, and fully untormented nuclear-age man should derstands the emotional upset exsearch. To this self imposed task perienced by him. "And so, it is with heaviness of they bring the technical competence of well-trained lawyers. heart that the court, as distinThe authors' arrow is cast in guished from the fan, must find that plaintiff's contentions, while' the form of a revision of the sentimentally 'four-baggers,' are United Nations Charter, demonstrating the changes in the preslegally 'outs.' "The complaint is dismissed, ent Charter which the authors have determined are appropriate and judgment granted for the deand desirable for their purposes. fendant." These suggested revisions are From the New York based on the assumptions that Herald Tribune genuine peace can only be obtained in a world in which all nations have been disarmed and further that the United Nations will have at their disposal or Stetson Shoe Shop directly under their control at all MEN'S FINE SHOES times adequate armed forces for prevention of aggression. Hotel Statler-Hilton Clark and Sohn display no conPhone: CL. 4623 fidence in "deterrents" as effective The Verdict! permanent insruments for keeping peace nor do they see "a balance of terror'1 as a per- ' On October 31, 1956, President Eisenhower declared in connection with disturbance near the Suez Canal, "There can be no peace. without law". Using this theme, the essential changes proposed by Clark and Sohn are those which relate to the scope of the lawmaking powers to be vested in the United Nations and to the procedures for making and enforcing United Nations law. These authors display brilliant resourceful thought, a readiness to set forth persuasive reasons for choices which they propose, or the ability to provide ingenious expedients when innovations appear to be required. "World Peace Through World Law" is a book which has been well designed to accomplish the purposes of its authors. Their objective is not to supply a finished plan for adoption at an eventual U.N. Charter Review Conference. They have, however, provided pertiment material for thought for the growing number of people who will pave the way for such a step, because man cannot remain satisfied with the facinating but ominous spectacle of a matchless arms race which promises only an exhausting contest and an empty victory. *fy you 6ewe viduutd . .. a plush office a diploma on the wall a wealthy client an eloquent summary to a jury a reputation for a vast recollection of cases SEE US FOR ALL YOUR LAW SCHOOL NEEDS * * * * * STUDENT BAR ASSOCIATION BOOK STORE • 25% OFF ON LEATHER GOODS • �OPINION —Mitchell Lectures from Continued page one when someone enumerates the makeup of positivism, with Austen's jurisprudential theories that the law is utilitarian, it is factual, it doesn't concern itself with morals, or Hume who looked for objectivity in the law, or Cohen seeking a scientific method, there is minimal perception. These two schools may be illustrated by the words in the preamble of the Constitution, "secured" meaning created and "secured" meaning protected, the former representing the Positive School, the latter the Natural School. Mr. Hall felt that the conflict between Austen and Fuller was a clash in their view of objectives. Austen whose precept was attuned to a practicing lawyer's need for blackletter, strictly spelled out law, devoid of Fuller's precept of moral obligation. Law, nomologically speaking is not merely the singular universal of reason, or reality, as monism is to the philosopher, nor the separation of mind and fact, each standing alone as in philosophical dualism (exemplified as the states and the Federal Government, two sovereigns.); rather to Hall, Law is integrated and springs from human cqnduct. Reason and reality walking hand in hand, as in the field of criminal law, with no crime, no punishment without law, mehs rea, conduct, harm, sanctions, as well as the other generalized descriptions of motive, intent, and degree of crime. To Hall, the role to be played by the law is the achievement of social ends, his notion of conduct embodies conduct, rationality, and facts law descriptively, law empirically, law pragmati- . . . cally. What good is this to the practicing attorney. Well, when you've Continued SCAD Counsel Is Guest The Administrative Law Class, conducted by Prof. Paul Lagomarcino, was treated recently by the presence of Henry Spitz, General Counsel for the New York State Commission Against Discrimination. As an added feature to a paper being presented to the class on the Commission, Mr. Spitz answered many questions concerning the working of this important administrative body. Many points were clarified concerning the commission's policies, procedure, dispositions, and prevention of discriminatory practices in New York State. Recent cases were explained and noted by Mr. Spitz. Also in attendance were Victor Einach, the Regional Director of the Commission, and Leland Jones, Jr., the Regional Field Representative. — MITCHELL LECTURES got to argue a case, or write an appeal, it might be profitable to know which way the law is progressing, whether the judge can be labeled a Natural Law student, a Positive Law exponent, or his preferences run to "Integration". The decisions of the Supreme Court from the days of Marshall to the squeamishness of Frankfurter enunciate the "Path of the Law", call it Natural Law, Positive Law or Both, you've got to get some understanding of what law is, why we've come from "southern Segregation", to "Civil Rights Integration". Sure the Bar Exams are important, but Practicing at the Bar moreso! next column Monroe Abstract & Title C Non-ProfitOrg. U. S. POSTAGE PAID PERMIT NO. 311 BUFFALO, N. Y. Plans Made for Senior Party The annual Senior party will be held Thursday night, May 1. An enchanting spot outside Fort Erie, Ontario, Canada, known as Leo's Steak House has been chosen by the committee. Plans are now underway to make this a glorious affair, including a steak dinner and drinks galore. Music will be provided by a well-known combo. The festivities will get under way at approximately seven o'clock. The name of F. Warren Kahn was inadvertently omitted from the list of new members recently inducted into the Indigent Prisoners Defense Organization. ADVOCATE OUT MAY 1st The editors of this year's Advocate have informed the OPINION that the yearbook will be available for distribution on May 1. This truly worthwhile, representative publication is worthy of every student's support. Copies will be sold at $5.00 each. Through a plan worked out by the staff of the Advocate, a financing arrangement has been presented for the convenience of the students. All persons interested may contact Steve Berg, Tom Rosinski, Martin Rauch, Donald Sheldon, or David Silbergeld for further information. Bankruptcy, as every lawyer Laws grind the poor, and rich men rule the law. —Oliver Goldsmith knows, is where you put your money in your hip pocket and let your creditors take your coat. DENNIS & CO., Inc. Corporation Publishers>nd Dealers TAX and TITLE SEARCHES TITLE INSURANCE Law Books Phone: CL 0737 93 FRANKLIN ST. of DENNIS BUILDING 251 Main Street Buffalo 3. New York CL2309 Phones £2'u � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1958-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 8 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1958 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/280b4e5141d5f203a9b8c004dca8e4d8.pdf 493c3ab1f4ef84cc98f698fee149778e PDF Text Text UNIVERSITY OP BUFFALO LAW SCHOOL Barrister's Ball_ April 19th OPINION Vol. 8 —No. 3 March, 1958 Judge Advises Law Students to Work In Courts Plans for Barrister's Ball Formulated Law students throughout the state will learn the administrative phases of their profession while in school if the recommendation of the Judicial Conference of the State of New York is approved by law professors. The chairman of the conference is Chief Judge Albert Conway of the Court of Appeals. Judge Cooway said such a course might properly include study of court operations so that future attorneys would be familiar with the court plan, calendar delay, and the effect of local procedure rules. He said that when young men leave law school they usually have little knowledge of the procedures and paperwork involved in getting lawsuits through the courts. In its third annual report the conference recommended that law students be assigned by their schools to work in trial parts of the courts, in judicial chambers, and with court clerks. Judge Conway said that he is sure the judges and justices throughout the state will be cooperative. Social Science Courses Urged For Law Schools In a recent address before the Genesee Bar Association, Niagara County Judge Frank J. Kronenberg, president of the State County Judges' Association, urged law schools and colleges to devote more time to the study of sociology and psychology in their curricula. "We, as residents of Western New York, and many of us as graduates of that great, progressive school of law at the University of Buffalo," the judge said, "must alert that facility of the shortcomings of the present day legal education and assist in encouraging and instituting sufficient instructions in the social sciences. "It is no longer sufficient for attorneys to defend on the law alone. They must equip themselves so as to evaluate the whys and wherefores of the anti-social, anti-legal individual. "Modern social problems involvContinued on page four OUR IS POWER OUR NOT WILLINGNESS ORGANIZATION NEGLECT butin KNOWLEDGE REGULARITY History has proven that only through the exertion of physical and mental efforts can advances and achievements be wrought. Recent newspaper headlines indicate the fallacy of over confident inactivity, and reaffirm the truth of the old parable wherein the slow determined steps of the tortoise to victory were no match for the hare who languished in the arms of Morpheous. Today we "students" of the law school are faced with a like situation. Shall we try to promote improvements or shall we sleep in the ruts of our predecessors? Daily the the conversations rumble about the need for improvements, the dissatisfactions by far out numbering the good. But verbalizing is merely idle gesture, expulsion of hot syllables accomplishes naught. What is needed is physical activity. The desire to do must reach the state of obsession, the drive must be compulsive, movement must replace simple articu- With pools of melted snow Unitingat the approach of a much welcomed spring, thoughts of the social committee have once again turned to the Annual Barrister's Ball. The unexpected three day hibernation appears to have spurred their collective mind for they have planned a Ball bigger and better than ever. Successful in retaining the Hotel Statler Terrace Room, they hare set the date at Saturday, April 19. In keeping with tradition, favors will be furnished the young ladies who attend. In assition, the 1958 crop of the fair sex will be the first to be rewarded with an added memento of the memorable occasion. A program in which she may jot lation. down whatever her little heart deAt school there is an indigent prisoner program. The sires, will be given to each girl. life blood of this organization is student participation. This Members of the committee hope group will die—its plasma is slowly being hardened; for the that another 'first' will add to the majority of the students will not work in its behalf, but are pleasure and excitement of the evewilling to contribute only their vocal chords strumming a ning. Invitations to the main event tune of contempt. of the law school's social life are Likewise this paper is in need of student assistance. But, being sent to the local judiciary all that can be gotten is the charitable contribution of quasi and executives. (It might be noted intellectualism, exemplified by criticism—much vocabulary but in passing that it may be more no toil. pleasant to collide with them on the The Student Bar Association, the government of the dance floor before colliding with students, clamors for support; for only by united numbers them on the bench.) can it exert its will. But it too is the recipient of critical The name of the orchestra which reflections. will serenade those attending the It is true that medical science has made tremendous formal dance cannot yet be disadvances, but nothing has been found to date to cure the closed but negotiations are in procdisease of procrastination, no vaccine has been discovered that ess to obtain the best available. immunizes against the waste reaped '.jy lethargy. Only In addition, plans are under way work and attention to work will gain results; will effectively prevent "Stereopodogicism", a common malady, where the with the cooperation of the Law Wives Association to give the Law iron in your blood turns to lead in your rear. School a queen of its very own. Remember Our Power Is Not In Our Neglect. Watch for announcements concernELI H. FRANKEL ing how to make your queen the Law School Queen. Tickets for the Annual Barristers' Ball are $6.00 per couple and at B. will S. Regional Meeting to go on sale at a date to be The University of Buffalo Law School will play host next winter announced. Further information for the annual northeast circuit conference of the American Student may be obtained from members of Lawyers Association. This was announced at the recent convention the social committee who hope their of the Organization held at Albany Law School. efforts will produce for you a thorFor the first time our law school actively participated in the con- oughly enjoyable evening. ference. We were represented by Sam Perla and Lee Ramsey. Our delegates report that the convention was attended by represenError of opinion tatives from every law school in Massachusetts, Connecticut, New may be tolerated York, and Puerto Rico. The highlight of the conference was a banquet and dance at which the Dean of Albany Law School, and Daniel Gutman, reason is left free Where Counsel to Governor Harriman, headed a list of outstanding speakers. The National A.S.L.A. Convention will take place in Los Angeles to combat it. this August. As yet no plans have been formulated for our law school's Thomas Jefferson participation. A. L. A. be U. — �OPINION LETTER TO THE EDITOR St. Thomas More Guild Speaks ©pinion OF THE UNIVERSITY OF BUFFALO LAW SCHOOL SENIORS ROCK... ...S.B.A.ROLL(ED)I Editor-in-Chief, Donald P. Sheldon Aseoc. Editor, Donald M. Silverberg Eli Frankal Associate Editor, Copy Editor Jean Musacchio Business Mgr., Donald M. Silverberg A Publication of the Student Bar Association and the Alumni Association of the School of Laio. CIRCULATION Vol. 8 - No. 3 Editorial — 2600 March, 1958 . .. This is not to be considered an apology to the reader, but on the contrary, a positive statement of policy for the future. We realize there has been floundering around in the past, but a great deal of valuable experience has been gained in the process. Therefore with tongue in cheek we have adopted the following purposes for the paper— (1) to publish matters which will deal with the betterment of the students relationship with the school. (2) to expound on matters which are pertinent to the relationship of the law student to the , legal profession. In fulfillment of (1), we will carry articles dealing with school activities. But most important, the staff wishes to encourage student participation in the paper be it in the form of articles, comments, grievances, criticisms and most im- portant—ideas. (2) —involves reporting items dealing with the practicing profession including job placement, changes and trends in legal education and the like. However, we want toexpand this point to include ideas of professionalism as seen from various members of our legal society—educators, judges, the practicing bar, and the law student. The OPINION is an instrument of the student body and vonly through this organ can the voice of the student body be heard. The purposes being set down can only be reached and maintained by and through the active support and cooperation of the student body. Silence on the part of the students will result in the putting of this paper "to bed" for good. —The Editor At their last meeting, the S.B.A. voted to present the Senior Class with a gift of approximately onehalf of its appropriation for the coming year. Ordinarily this would go unnoticed, however, I felt that under the circumstances this had enough import to merit the attention of all members of the S.B.A. The SBA is assured of $490.28, a grant from the University, which amount may be supplemented by as much as $100.00 of expected revenue (in itself, this would be a welcome innovation in history). This is the sum total of the S.B.A.'s working capital for the coming year. From this paltry amount, all school activities (dances, parties, Barrister's Ball, the yearbook) must be underwritten in case of loss. The school paper also looks to the S.B.A. for an appropriation to meet expenses. Recently, two members of the S.B.A. attended the First and Second Circuit Convention of the A.S.L.A. They represented not only the school but their own financial capacity to travel, since the cost for attending was in excess of $200.00 (give or take a little), the little being contributed by the S.B.A. in the amount of a "whopping" $50.00. Thru the efforts of the representatives who attended, Sam Perla and Lee Ramsey, the next convention will be hosted by the U.B. Law School here in Buffalo. Needless to say, this undertaking will entail costly expenditures. In August, there will be the Najtional Convention of the A.S.L.A. in Los Angeles. A representative should be sent, but I believe that for the apparent lack of funds, the S.B.A. will once more be compelled to look to a representative with financial stamina. The gift in question, asked for by the Senior Class and happily granted by your S.B.A. representatives amounts to $250.00 or approximately $4.54 per senior (N.B. the $490.28 from the university breaks down to $2.35 per student). Of course the money is to be used for the welfare of the school—the Senior Dance. Far be it from me to Next column Crotty's Peace Pipe Bar & Lounge LUNCHEONS 47 Niagara St., Buffalo, N. Y. The St. Thomas More Guild, an Board of Managers will conduct the organization for Catholic law stu- affairs of the Guild, but the Board dents, has been established at U.B. will look to the Guild members for encouragement. A Law School. The purpose of the new ideas and Guild is to provide service to the display of interest and enthusiasm Catholic law student and the Law School whenever possible. The Guild will operate in three spheres; education, spiritual welfare, and social affairs. The Guild is designed to operate informally, but effectively. It is not an organization of pomp and circumstance, but an organization of service. Money, collected in the form of dues, will sustain the Guild financially. But, more important than money, the Guild requires the moral support of all its members. The s I ay that the seniors do not deserve some show of appreciation, the new trend in intellectualism being not only the bestowing of a sheepskin but financial endowment as well. This is the dilemma we are faced with. After having donated to the Senior Class this $250.00, from a sinking fund which has sunk, we Imust resolve how it will be possij to meet the ordinary expenses ble incurred plus the exIwhich will be penses of a convention which has Ibeen invited and the site of which ;has been approved. It is not my intention to cast aspersions on the Senior Class nor to set aside the resolution, since the majority expressed their view by an 8 to 3 vote to help create future financial difficulties, but to inform all the members of the S.B.A. how their money is being spent. V. C. SMIROLDO on the part of the members is es- sential if the Guild is to function effectively. The Membership Committee of the Guild is composed of Phil Daltilo, Gene O'Connor, and John Galvin. The following representatives were elected to the Board of Man- Ist year, Phil Daltilo, Thomas Pera, Eugene Salisbury. 2nd year, Thomas Beecher, John Galvin, Eugene O'Connor. 3rd year, Walter Barrett, Nick Longo, Phil Mcßride. agers: BLEAK'S LAW DICTIONARY McKinsey Edition ABORTION—DeniaI of Due Process. ABUTTER—Goat. ACCOMMODATION PARTY A Call Girl. BLACKACRE—An abscessed tooth. COMMON CARRIER—See Tort. COMMON LAW MARRIAGE-Perdition without benefit of clergy. COMMUNITY PROPERTY See Tort. CONFLICT OF LAWS—Difference between lecture notes and Hornbook. CON. LAW—Prison kangaroo court. EXPECTANCY State of Pregnancy. FILIATION—A proceeding resulting from an accord and satisfacIdeals are like the stars tion. We never reach them, FUTURE INTERESTS—Passing bar, winning clients, fees, etc. But like the mariners of the sea, GRAND JURY —One deciding in We chart our course by them. favor of your client One return—Carl Schurz ing favorable verdict. ILLEGAL—A sick bird. INSANlTY—Admitting unpreparedness in class. SIMPLIFYING INTEGRATED WRITING—Law ReSPEEDING view from Alabama. SAFEGUARDING INTESTACY—ResuIt of vasectomy. YOUR REAL ESTATE LABOR UNION Promulgation of family purpose doctrine. TRANSACTIONS LEGAL MAXIMS Crotty's, MacPROOF —What decides a case of good whiskey. SELF-EXECUTING JUDGMENT— Deciding how to answer exam. TORT—A courtesan. — — — — Abstract & Title Insurance Corp. 110 FRANKLIN ST. BUFFALO, N. Y. Rochester, New York Lockport, New York — — . live He that would • in peace and ease, Must not speak all he knows nor judge all he sees. —Benjamin ■ Franklin �OPINION Indigent Prisoner Organization Outlines Its Plans for 1958-59 Prior to last year, where a possibility of a defense based on a mental or emotional abnormality existed, there had been no adequate facilities for detailed routine psychological screening and examination in all cases. Our organization has instituted a new program in conjunction with the Psychology Department of the University of Buffalo and the Psychological Association of Western New York. Services of Trained Clinical psychologists are now available in administering psychological examinations of all prisoners whose counsel request it. The organization will continue to utilize this program for the coming year and it is hoped that psychiatrists will ultimately be persuaded to join therein. 'We hope to continue the working arrangement made last semester with the Public Defender's Office. Students will continue to work with the two Public Defenders in the handling and disposition of cases. Those interested will have an opportunity to observe a case unfold in its initial stages from the arraignment to the preliminary hearing. The organization will also inaugurate a new project this year; something we hope will arouse student interest. Films will be shown for the benefit of the entire student body and faculty at periodic intervals. These films should present some very interesting aspects of the problems that arise in a criminal setting. On February 28, 1958, 19 new members were inducted into the organization. They include: Arthur Bailey, Michael Battaglia, Thomas Beecher, Alan Bernstein, Bruno Cambareri, Joseph Carlisi, William Carman, Joseph Crangle, Eli Frankel, Kenneth Hall, Gerald Higgins, Beryl McGuire, James Magavern, Martin Rauch, Donald Sheldon, Donald Silverberg, Vito Smiroldo, Robert Tills, Thaddeus Zolkiewicz. For the coming year Alan Bernstein succeeds Myron Simon as Chairman of the organization aided by Directors Donald Silverberg and Donald Sheldon who replace Daniel Callanan and F. Steven Berg. They will work with Dean Hyman and Faculty Advisor Maurice Frey. McMahon & Fay RESTAURANT & LOUNGE BAR Breakfast, Luncheon, Dinner 58 NIAGARA STREET THE LAW STUDENTS WIFE books, He's got classes, He's got notes and Horn rimmed glasses. He's got abstracts, Trial cases, And he trots The legal paces. He's got bills. He's got notes, He's got Profs On whom he dotes. He's got loves, He's got hates, According to the Mark he rates. He's got friends, They're law students, Bickering of He's got Jurisprudence. He's got Langdell And the Like, Lots of places To imbibe. Knowledge, whiskey, Beer or gin, At his law club Or The Inn. He can argue, He can chatter, Night or day, It doesn't matter. But with so much Joy and strife, Why in hell did He take a wife? He seldom sees her. When he does The air's with Legal terms a-buzz. Her neat house Is a mess of papers While he raves on Of wills and rapers. She hears cases, Cause and why, Till she'd love To pop the guy. 3 "OPINION" Bookshelf THE AMAZING CRIME AND TRIAL OF LEOPOLD AND LOEB, by Maureen McKernan. Original edition published by Plymouth Court Press. Reprint by The New American Library. A Signet Book. 1957. 60 cents. Here is the factual, fully authentic account of the most infamous, appalling crime of the century—the slaying of a fourteen-year-old Chicago boy for thrills three decades ago by two rich teen-age youths, Nathan Leopold, Jr., and Richard Loeb. Their arrest, trial, and sentence—life plus ninety-nine years —made front-page headlines the world over and still provokes controversy today, and their case has become a milestone in American criminology as the first in which psychiatric evidence formed a major part of the defense. The book describes the police work which led to the confession of Leopold and Loeb, and contains actual courtroom testimony. It explores the privileged and the strange motives and passions of the unusual pair, as revealed in psychiatric examination. There is also included the eloquent summation of their lawyer, Clarence Darrow, the most famed defense attorney of his generation, and the prosecution's vehement demand for the death penalty. The account of this case is very enlightening for it throws light upon hitherto unrevealed problems of adolescence and the causes of crime. But even more important, due to a statute which made it a duty of a judge to hear evidence in mitigation mandatory, this case made possible for the first time in the history of medical jurisprudence a completely scientific investigation in a court of law of the mental condition of persons accused of crime. The record, therefore, makes an epoch in the advance of the administration of the criminal law, demonstrating the possibility of the utilization by our criminal courts of modern medical knowledge on the subject of mental disorders. Lawyers and law students will undoubtedly find much to interest them because of the opportunity to study the forensic method of presentation of the results obtained from a mental examination of accused persons, by the application of the principles of modern psychology and psychiatry. TA. 9595 MILLER PRESS PRINTERS They play bridge, Well, bridge of sorts, Till he remembers That case in Torts. V And should she try To have a guest, legal non If It's just a pest. For he must explain The laws he knows, And then it's too late For the movie shows. And so your honor, May I say "To hell with the Law and it's in re. My second marriage May be less prudent But it won't be with A Law Student." DWP — fy you &aye voUohg ... office * aa plush on the wall diploma * a wealthy client * an eloquent summary to a jury * a reputation for a vast recollection of cases * SEE US FOR ALL YOUR LAW SCHOOL NEEDS STUDENT BAR ASSOCIATION BOOK STORE • 25% OFF ON LEATHER GOODS • �OPINION Advertisement for Man Who's Admitted To Practice and Can Handle Diversified Work MAGAVERN TO HEAD LAW REVIEW Sec. 34.65(e) FLiK U. S. POSTAGE lc PAID At a recent meeting of the Buffalo Law Review, James Magavern was elected editor-in-chief for the coming year. Also elected to serve H« must know the proceedings on the editorial board as associate Relating to pleadings, are William Gardner, RichThe ways of preparing a brief; editors ard Vogt and Richard Brocklebank. Must argue with unction The second issue of the Law ReFor writs of injunction view will be out shortly featuring As well as for legal relief. three leading articles plus a numHe must form corporations ber of student comments and case And have consultations, notes. Assuming a dignified mien; Should reach each decision And legal provision Wherever the same may be seen. Attachments and trials, Specific denials, Demurrers, replies, and com- BUFFALO, N. Y. Permit No. 311 Song of Law Review plaints, Disbursements, expenses, And partial defenses, bj/ Karl Llewellyn Ejectments, replevins, distraints; Oh, I was a bright law student, My grades were good and high Estoppels, restrictions, They said I'd make the Law Review, Constructive evictions, And now I'd like to die. Agreements implied and exMy eyes they burn, my head is dead, pressed, But still I struggle through; j Accountings, partitions, ' Advocate Goes to Press You ain't read half what I have read Estates, and commissions, Incumbrances, fraud, and duress. To do your work for you. I have to read advance sheets Above are essentials, The best of credentials • And show the faculty Required and handsome phy- The cases that they ought to read, The points they ought to see. sique; Both courts and scholars listen, Make prompt application— When I tell them so and thus Will pay compensation Of seventeen dollars a week. You'll find me cited now as "Notes" Anonymous Now as "anonymous." So workers of the Law School world, While strength still remains. Arise, unite, demand a beer, And slug 'em with your chains. - — — Ifank Tfouf The Student Bar Association and the Staff of the OPINION wishes to express its thanks to past Editor-inChief F. Steven Berg and Faculty Advisor David Kochery for their efforts in reactivating; the newspaper. The yearbook has been completed in the printer's hands. The theme of the book devised by Joseph Carlisi is a series of French courtroom scenes painted by Daumier. The book is divided into six ! sections, each of which is introduced by one of the theme pictures. The financial stability and success is largely due to the efforts of Eugene Harper, the Advocate's | business manager. Mr. Rosinski and Mr. Berg were instrumental in sustaining its existence, organizing Those who deny it and seeing that it got to press. Freedom to others^ The Yearbook Staff announces Deserve it not for themselves, that there will be a limited number And under a just God of copies printed. Because of this, it is advisable that orders be placed Cannot long retain it. early. The price will be $5.00 per Abraham Lincoln copy. ■ and is now ' ' — —Social Science Studies Continued from page one ing breach of laws calls for a differently equipped attorney from previous times. We attorneys must move out of the dark into the thinking period and inventory our present responsibilities as county lawyers," he said. Judge Kronenberg said the small percentage of individuals represented by counsel in Children's Court and Youthful offender proceedings "is ample proof of our professional inadequacies." I "FOOD AS YOU LIKE IT" Home Cooked Meals 68 DELAWARE ne.r EAGLE Hours: 7 a.m. to 6 p.m. Monroe Abstract & Title Corporation DENNIS & CO., Inc. TAX and TITLE SEARCHES TITLE INSURANCE Law Books Phone: CL. 0737 93 FRANKLIN ST. I Marie's Restaurant Publishers and Dealers of DENNIS BUILDING 251 Main Street Buffalo 3, New York Phones rnoncs CL2309 CL 331° ci.2311 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1958-03-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 8 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/1958 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7508340aab378211ffbe555169bafb5f.pdf a00406feb3938fdb57a2567f10b630ab PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL DR. LENHOFF TESTIMONIAL DINNER APRIL 10th OPINION APRIL, 1957 Vol. 7--No. 1 JUSTICE BASTOW SPEAKS TO NEOPHYTE ATTORNEYS On July 11, 1956, Associate Justice powers. This is a life that touches Earle C. Bastow delivered a speech your fellow men at every angle of to newly admitted members of the their being, a life that you must Bar at a session of the Appellate live in the crowd, and yet apart fron. Division, Fourth Department. JusJUSTICE BASTOW SPEAKS tice Bastow reflected a topic which Continued on page jour the incoming is relevant not only to members of the Bar but to law students as well, for his words were ones oi enlightenment toward a knowledge of the law. "Justice would be a simple matter, the philosopher tells us, if men The OPINION is happy and proud would lead a simple life," Bastow to extend a belated welcome to the explained, but since this is not so, newest full time member of the "there must be some forum in which faculty; Professor Robert B. Fleming. to arbitrate and settle the disputes He received his Bachelor's degree arising from the clashing ambitions in Mechanical Engineering from the University of Minnesota in 1943. of men." The new members of the Bar were From his graduation until 1945, Prof. as a First Lieutenant told that their academic and legal Fleming served study were mainly directed "as to in the Air Force, receiving numerhow things came to be as they are." ous decorations. On return from he became a sales It was brought out "that education the Aimed Forces, for Minneapolis-Honeymust be reconjeived, not as a pre- engineer well York City. in New paration lor maturity but as a conFrom 1948 to 1951 Mr. Fleming tinuous growth of the mind and of Buffalo University attended the a continuous illumination of life." As Bastow proceeded to explain Law School, graduating first in his and was awarded his L.L.B. what he meant he quoted Sir class, Cum Laude. Besides reaching this Edward Coke. "Knowledge of the apex academically, he can well be law is like a deep well, out of which proud of his reputation in extraeach man draweth according to his affairs. He was the first understand.ng. He that reacheth curricular the Buffalo Law Review, deepest, he seeth the amiable and editor of being instrumental in its initiation. admirable secrets of the law." Also he was a member of the stuTo further substantiate the point dent counsel at the law school for a portion of an address by the late three years, serving as its president Mr. Justice Cardozo was reprodu- in his senior year. ced. "The process of justice is never In 1951, he became a research finished, but reproduces itself gene- assistant at the University of Wisration after generation, in everchanging forms and today, as in the past, it calls for the bravest-and the best." Justice Bastow continued to quote Cardozo as he said, "Skill is not won by chance. Growth is not the sport of circumstance. Skill comes by training; and training, persistent and unceasing, is trans- { muted into habit. The reaction is adjusted ever to the action. Whatever goes out of us as effort comes back to us as character." In outlining some of the opportunities which are available, the young lawyers were told of the "challenging field of study" pertaining to the present court structure. They were also informed that a "continued exploration of the law will require self-discipline," because of more glamorous and better economical fields Prof. Robert B. Fleming of practice. Justice Bastow concludes his ad- consin Law School, doing graduate dress by again quoting the words of work in anti-trust law. Mr. Fleming PROF. FLEMING Cardozo. "This is no life of cloistered Continued on page four ease to which you dedicate your Prof. Fleming Joins Law School Faculty , Prof. Lenhoff to "Retire as Teacher But Not as Scholar" June 30, brings the retirement of Dr. Arthur Lenhoff and marks the end of more than eighteen illustrious years of service to this school. The "good" Doctor, as he is called, lends an atmosphere to our studies which not only distributes his legal knowledge but his individual personality as well. No more will we hear: "miserable fellow, go home with your books; thinking is not forbidden; we are not in a Coffee House; this is not a High School; you talk like a layman; you should have been a shoemaker; no Latin scholars here? Now you suffer!" Those that have been subjected to his "Socratic method" have ultimately realized that a tough man has prepared them suitably and Dr. Arthur LenhoiJ well for the practice of law. The unique background of the Doctor is astounding to those who Prof. Kochery Organizes know the experiences he underwent during the Nazi regime. He was apNew Placement Service pointed a Judge to the High Court on The culmination of the educational Constitutional matters in Vienna, in process is the graduate's finding his January 1930. He created public anniche in the community and earn- tagonism towards Hitler after being ing a livelihood for himself and his instrumental if not the instigator in family. For the graduate of a law holding null and void an edict which school this educational process has would have given breath to racial consumed eighteen or nineteen years and fascistic views. of his life. When one considers that Louis J. Jade, past dean of this law he will generally have spent two or school, and now professor of \stw at three years in military service, it adds Harvard, pays this tribute to him, up to the fact that the average law "He was driven out of his country school graduate of today will be when he had already achieved emitwenty-seven or twenty-eight years nence in his profession and at a time of age when he begins working at his of life when most men would have chosen profession. Thus, he is con- been content to rest on their reputasiderably older than were begin- tion. He came here faced with the ning lawyers in his father's gener- terrible task of learning a new lanation, and the law and society have guage and a new system of law. He become far more complex than ever has made himself a master of our law, before. Although there are more op- an achievement which testifies both portunities for young lawyers in to the intensity of his intellectual business and industry than there grasp and the stoutness of his courwere twenty or thirty years ago, age." To this, Francis M. Shea, a past still most law school graduates pre- dean of the school who was instrufer the practice of law. This conti- mental in bringing Dr. Lenhoff to nued preference for the practice of Buffalo, and now an attorney in law speaks well for the courage and Washington, D. C. adds, "He has renself-denial of today's graduates dered a most distinguished service to since, notwithstanding the higher the University. It is an extraordinary average age, the begetting of a fami- tribute to his talent, and even more to PROFESSOR LENHOFF NEW PLACEMENT SERVICE Continued on page four Continued on page four „ �OPINION S.B.A. President Speaks the formation BASIL HEADS COMMITTEE TO CEMENT RELATIONS ©|MJ(©N The staff of the OPINION would like to thank the University of EufYalo Law School Alumni AsThis semester saw sojiatlon tor rendering financial committee within tne frame of a new | The writing of this article presents assistance in the publishing of Student-Faculty work oi! SBA: the ( j and opportunity to correct a mis- this issue. Their assistance has Editor-in-Chief F. Steven Berg Committee. Among it's mure impor- conception regarding toe 5.8.A., and made possible the mailing of a be listed: first, an at| taut tasks can copy of the paoer to all graduates also to relate to tne student body Managing Editor....Donald S. Potosky j tempt to Jind the causes of the heavy oi Uireciois ol the law school. Ronald Anton' worK-load that generally falls upon,! wuat tne present Board Associate Editor The current oflirers of the Alvi tne b.£i.A. are attempting to acCopy Editor Christine Nowak student shoulders at the end of every | during their term of office. lumni Association are: Lester S. semester on the approach of finals, Faculty Advisor..Prof. David Kochery second, the misconjeption which generally Miller, President; Bernard L. Siplanning and creation of i A Staff—Bernstein, Silverberg, Basil, a workable numbers systerff forj'prevails among the students is wnat cherman, Vice-President; Albert Bar Assoeia- R. Mugcl, Secretary-Treasurer. examinations, and third, a more'! tne phrase "student Pressman, Colucci, Halpern. or "5.8.A." means. The pnrase realistic view toward class attend-! I tion" is not synonymous with, nor does it A Publication of the Student Bar ance and participation in harmony mean, the student government oi the the leadby approach the taken Association and the Alumni Associ- With law school. Rather it means a society ing law scnools in the country. ation of the School of Loru. the students of the law school, To function with the desired ef- oi all membership being automatic with 2600 ■ CIRCULATION fectiveness, and to facilitate the upon matriculation by the student in Last Fall, the 1053 communication of student suggesBoard of DiApril, 1957 tions to the faculty, a committee has the law school. The purposes of the rectors oi bBA deeded to put the Vol. 7—No. 1 society are to promote the general been composed of members of both Social Committee on a pa>iiij basis the student body and the faculty. welfare of the school, cultivate so- and yet keep admission prue to the Tom Basil has been appointed Di- cial acquaintance and cooperation parties at a minimum, 'mrougn the rector of the Committee. He in turn, with the faculty and among the stu- |ureative and industrious eiiorts of secure the association and It any graduate or professional has selected Haloid Halpern, of thej dents,good-will the of members of the Diane Gayoid and Gordon Gannon school is outstanding, it is so not be- j[junior class, and Jim Magavern of ! legal profession, the bocial Committee has aand coordinate all Jr., to form the three class, cause of its outer shell, i.e. the ex- f the Freshman chieved its goal. the of student activities. It is Board the representatives student on comtent oi Us facilities and its buildings,' composed of the president The use of the lounge, student parbut rather because of those viable mittee. As yet, the faculty has not Directors, or the S.B.A. and four elected re- ticipation in the entertainment, esany member appointed permanent and dynamic elements that subsist presentatives from each class, that is pecially Sam Perla's monologues, with.n it. 'Ihese things must neces- or members to the committee, but the Uie novelty 01 a beer and punch student government of the law plus sarily ba the faculty and the Dean Hyman has selected Mr. Flemobligation to pro- theme have added up to lun-packed ing, faculty advisor of the SBA, to school. It is their students. v.de the services which are custom- events. The culmination of the Law School In older then to fulfill the school's meet with the committee until such arily provided by a student governIduty faculty are made. appointments to create an earnest desire to social season will be the Annual Preliminary work has been started ment; which leads me to the next Barristers Ball to be held May 3, evaluate the sources, results, and point of this article, what is the prepractical application of professional on the development of a sound num- sent Board oil 195/ at Troop I Post, American LeDirectors attempting gion. knowledge in an aurora ox intellectu- bers system, and it is hoped that by The Committee recognizes that to accomplish. there may be disappointment among alism, a stimulus must exist. A spark .rporporating the best features of systems present at The administration came now in full operation to kindle such a fire is the faculty of the students and especially the sea school. Few part-time instructors, other law schools, and making ad- into olhce with the desire of effectu- niors because it could not obtain a strong, student justments ating for the needs of the Unia centralized though they be outstanding in their more well-known place lor the Ball. fields can fulfill this need, because versity of Buffalo Law School, a good government, with fair representa- It must be asserted, however, that providing system use tion for all the students, large result. It's will in their connect.on with the University tn/ lailure in this matter is not due generally seems to end at the expi- schools makes grading easier and means of achieving the purposes of to lack of enthusiasm or effort on the as set faculty preless burdensome on and ofS.B.A. out above. At ration of the class period. It appeal's the part oi' the act.ye members of then, that the buiden rests upon the fice staff. Proper application to a sent their desues have been partially the Comm.ttee. A location with a Space with its effected. does not allow for a parimaller law school own It fuil-t.me ia_ulty. cannotbe doubt"big" title attracts people, but this ed that the Law School has had ticular problems should achieve the complete elaboration as to how they semi-formal function will be only some men with this rare ability in same desired results. The success or have been effected, but perhaps, for as much fun as the people who atthe past and without a doubt has failure of a numbers system cannot illustrative purposes, several exam- tend it. Your participation is needed be proved until the system is given ples of what has been done will to close the 1953-57 so.'ial season them presently on it's faculty. an adequate test, and received with suffice. The Board of Directors has appropriately and to insure the fulThe tendency has been for these faculty published an S.B.A. directory, rerecognized men, especially those ac- the full cooperation of the fillment or the planj formulated by newspaper, activated this student claimed as outstanding in the aca- and tlie student body. the 1953 Board oi Directors. formed a Student-faculty Relations demic and legal fields, to depart put and Committee, passed and into from our midst. When this happens effect a By-law stating that all apthe status and prestige of the school pojvtments to paying positions in the SIMPLIFYING is proportionately lowered because Bookstore and Cafeteria will be the effect has been a resort to a SPEEDING made by the Board of Directors itlarger part-time staff. self. To fully effectuate the desires SAFEGUARDING Why then can't the School of Law of the Board of Directors a revision 1056 Ontario Aye. entice, recruit, and maintain this YOUR REAL ESTATE of the present S.B.A. constitution is Niagara Falls, New York type of full-time faculty? If the cause requ.red. This is where the student TRANSACTIONS rest in any tangible acknowlegment body's cooperation is needed to imsurely it can be remedied within a I prove the 5.8.A., i.e., by adopting FROZEN CUSTARD reasonable time. If we are to pattern ihe revised constitution which will ourselves after the larger schools, be presented to them this spring. CONFECTIONS that is by having a sufficient Thomas H. Rosinski quantity of recognized caliber at the TOBACCO helm, we must present to them the! same opportunities available to them 110 FRANKLIN ST. "VISIT US at these other schools, to wit, com-' McMAHON & FAY parable salaries and conditions. It is WHEN YOU'RE BUFFALO, N. Y. a credit to those men of high caliber: RESTAURANT IN THE FALLS" Rochester, New York who have remained, that they value & LOUNGE BAR the rewards of teaching beyond 58 Niagara Street New York ROW ANTON Lockport, mere financial gain. Breakfast, Luncheon, Dinner —The Editor ■ OF THE UNIVERSITY OF BUFFALO LAW SCHOOL ; ''' Barrister's Ball To Close Social Year — Editorial ... '' t : ' 1 ... ... Abstract & Title Insurance Corp. . .. Ontario Cut Rate ,I, , — �OPINION PROF. HANDLER LECTURES ON ANTI-TRUST LAW REVIEW ELECTS NEW OFFICERS; Advertisement For Man Who's Admitted To Practice And Can Handle Diversified Work COMPLETES SUCCESSFUL YEAR ; In mid 1950, a lecture fund was set He must know the proceedings The annual elections to the Board up tor the Law School in memory of of Editors of the Buffalo Law ReRelat.ng to pleadings, late McCormick James Mitchell. tho The ways of preparing a brief; view were held in the Erie County The purpose of these lectures has Must argue Bar Association Lounge on Sunday, with unction to ofier to the school and the been March 11. Mr. John Stenger was eFor writs of injunction local bar an opportunity of hearing lected to the post of Editor-in-Chief As well as for legal relief. comprehensive and astute observa- He must form corporations while the following were elected to tions by experts in areas of legal And have consultations, the other associate editorships: Mr. study. Assuming dignified a mien; Following the traditions of past Should Thomas Basil, Mr. Harold Halpern, each reach decision years the Law School was privileged Mr. George M. Gibson, Mr. Donald And legal provision to hear from Professor Milton HandWherever the same may be seen. Roberts and Mr. Richard Robinson. ler, Proiesior of Law at Columbia and trials, The new Board has had its first University, an outstanding authority Attachments Specific denials, meeting to discuss plans for the comin tne held oi trade regulations. In Demurrers, replies, and comthe series, Professor Handler, traced ing year. Permanent assignments of plaints, growth of the common law conthe expenses, duties will be made at a future time. cepts of trade regulation into their Disbursements, And partial defenses, Outgoing editor John Putnam exstatuatory form. With this as presen; Ejectments, replevins, distraints; pressed his gratitude to the members a basis he then went on to interpret Estoppels, restrictions, and expound the concepts of what he of the Staff of the Review and comConstructive evictions, termed " The Judicial Architects of Agreements implied and ex- plimented them upon the fine year the Rule of Reason.", pressed, which the Review enjoyed. The Re•"•' •'•"••• Peckham, White, Taft, Brandeis Accountings,- partitions, ■ view, which has published two issues and Stone's decisions in the landmaik Estates, and 'commissions, ■ as this column goes to press, plans case of U. S. v. Trans-Missouri Incumbrances, fraud, and duress. to Freight Assoc.; V. S. v. Trenton Pothave its third and final issue out Above are essentials, teiies and others were carefully anathe first week in May. The best of credentials see lyzed and examined to what light Required-and handsome phyOn April 29th the Review will hold they could shed on the as yet unsique; its' annual bangquet. Judge Charles problems resolved of restraint of Make prompt application— trade and monopoly. The tests of the Will pay compensation ■■•'■'•■* R. Desmond of the Court of Appeals rule of reason, i.e., concentric circles, Of seventeen dollars a week. has promised to attend and address etc., were all presented and most «-> Anonymous the group. thoroughly evaluated in a manner which left no doubt as to the speaker's complete grasp of a complex and MOOT COURT TEAM WINS REGIONAL FINALS often irrationally inconsistent field The topic of the National Moot preme Court of the United States of law. Court Competition this year was the and this constituted the subject of The presentation of the speaker arguments. was at once stimulating and edifying rules of criminal responsibility. A the hypothetical fact situation concernThe University of Buffalo was rethough at times his delivery did sufing a first degree murder prosecution presented by Grace Marie Ange, fer from the fact that he was reading was presented wherein the defense Robert E. Casey, Jr. and G. Michael a prepared speech. However, when of insanity was interposed. On the he left the printed text to speak "off trial level, a request was made to Gibson. This team won the regional ■finals over Cornell, Albany and Syrathe cuff" or in response to questions charge the jury in accordance with cuse Law Schools. In the national from the floor, Professor Handler's the test Durham of criminal responword? were sharp, to the point, and sibility. Instead, the court charged finals in New York City, Georgetown ofttn witty. accordance with the M'Naghten University defeated the Buffalo team. in These lectures are a credit to the Rules and the Irresistible Impulse Faculty advisors ■< the team were more of speakers of and Law, School '.. Professor Richard R. Arens and Mr. this caliber should be encouraged to Test, Certiorari was granted by the Su-'. Jules Gordon. present their views. -■ - ' ' ' . Legal Papers Served Anywhere PROMPT, RELIABLE SERVICE .' , , : MILLER PRESS PRUDENTIAL BLDG. BUFFALO, NEW YORK Phone MO. 9697 .. The school is buying a lie de- ' - tector to verfiy excuses hand-' < ed in for absences. U.B. will be the only Law School in the country with twenty-n-»e sart-time pro- fessors and-the Death. .The International Business School of Accounting has filed suit against tne Law School: '■"-'"■ An.occupant .of a second floor office.! was last seen at a 80-;•■ hemiarn Coifee Shop. (How 'bout thati) The Alumni Association'is One of the most active in the com- . ... . .. -- . mumty. Local sponsors, have prohibited U.B. Law School professors from appearing on anyl TV prwgrams. ■ ■ : .They are publishing an *English translation of the Legislation, booit next year. The passing mark in Family • Law is now 45: We have what is known as a "Forensic cultural LAG." v One of the professors led the Elucottville. vigilantes during. the recent milk strike. • - Another school will inherit the ■ mischievious grin, the -Latinquotations, and the Soviet footnotes of one of our' famed young professors. The new Law School is going to be built next to the Medical .School. It is rumored that one of our professors immensely enjOyS*'"' cartoons at the cinema. .This same man was the sixth nominee for the Academy; Awards, based on his humorous acting ability. »T .And which legalist is going to be a visiting professor, in the Pharmacy School next year? .Is it true that Socrates used-' 'The Kfochery" method of s" : teaching? .One professor is now wearing a "million dollar" suit. . - Pray tell—has a professor aca commission" as a/; cepted Colonel in the Egyptian Army? "There is nothing like being misquoted..." Marie's Restaurant PRINTERS PUBLISHERS "Food As You Like It" HOME COOKED MEALS Professional Process Service .. . hearsy 68 DELAWARE near EAGLE Hours: 7 A.M.-6 P.M. 1A 9595 41 REO AYE. Crotty's Peace Pipe Bar & Lounge LUNCHEONS 47 Niagara St. Buffalo, N. Y. �OPINION JUSTICE BASTOW SPEAKS TO NEOPHYTE ATTORNEYS Continued from page one it, man of the world and philosopher by turns. You will study the wisdom of the past, for in a wilderness of conflicting counsels, a trail has been blazed. You will study the life of mankind, for this the life you must order, and, to order with wisdom, must know. You will study the precepts of justice, for these are the truths that through you shall come to their hour of triumph." Bastow summed up his speech in the following words of a poet: "Must Justice always dawdle, don its wig. And wipe its spectacles before it speaks? And Government keep flapping to and fro Like a loose shutter on a hinge that squeaks? Kindness of heart be such a whirligig? Courtesy, mince and bow with pointed toe? Piety smirk? And scholarship repose In camphor, saving on commencement day? Evil alone has oil for every wheel; Rolls without friction and arrives on time; Looks forward and sees far; does not reveal Itself in conversation; is sublime in Logic; is not wasteful; does not feel Compunction; buries the dead past in lime. We, we, the living, we, the still-alive, Why, what a triumph, what a task is here! But how to go about it? how connive To outwit evil in his proper sphere evil, conservative, And element? Established, disciplined, adroit, severe. — — And yet, in some way, yet, we may contrive To build our world; if not this year, next year." * PROFESSOR LENHOFF RETIRES Continued from page one his character, that in middle life after BUFFALO, N. Y. a distinguished career in Austria he was able to reassemble his shattered Permit No. 311 life and have a second career of great distinction in the United States. I recall my association with Dr. Lenhoff as one which yielded me pleasure as well as profit. His capacity to encompass and digest a field of law left me in a little awe." The Community and students consider the Doctor an expert in many fields not dealing directly with the law, because of his breadth of interests and astute knowledge. A list of the texts, books and articles written by him and the number of times he has been quoted and cited would fill a small book in itself. His accomplishments before coming to this country are equally amazing. It is no wonder this Ui jversity bestowed upon him the singularly unique honor Prof. Kochery Organizes New Placement Service of "Distinguished Professor of Law." practiced for a few years and now Continued from page one On April 10th, the alumni and students will sponsor a testimonial din- ly, and the tremendous increase in want to make a change in employner to pay homage to this notable the cost of college and law school ment often contact the placement and eminent jurist, at the Hotel educations, the income for the neo- office for leads as to openings for exLafayette. On this occasion, the stu- phyte attorney is, on the whole, at perienced men. Insurance companies, dents with a sad and heavy heart the bare subsistence level or below. manufacturers and other business orwill say, "Good Doctor, thank you This remains the case despite the ganizations send along letters and for everything, we wish you well." generally accepted fact that the cur- brochures concerning opportunities rent law school graduate will be bet- | for lawyers. Obviously, the process of ter trained and more mature in his| |dove-tailing the right candidate with PROFESSOR FLEMING outlook on the law than were his the right position is often time-conpage one Continued from predecessors of prior generations. suming, and the problem of placewas awarded a teaching fellow at The University of Buffalo School ment is a continuing one. Within Harvard Law School for 1952-1953 of Law has an established placement three months of graduation, all aand thereafter became Assistant service under the direction of Prof. vailable graduates of the class of Professor at St. Louis University, David R. Kochery and Mrs. Marion 1956 had been placed. Any employers who are interested School ofLaw. While in St. Louis, he Dean, Registrar of the Law School. did counseling for local industries, This placement office is the reposi- in acquiring the services of students mainly in anti-trust law and price tory for all employer-requests for of the law school for part-time asdiscrimination. law students and graduates as well sistance, or who are interested in a Prof. Fleming's main interest is as for the names of all students and graduate attorney, are invited to call hopes do graduates who are looking for em- either Mrs. Dean or Prof. Kochery at trade regulations and to counseling work in this field during ployment. Many law offices require the law school, CL 4372. the year. He is married to the former part-time assistance in the form of As. a service both to employers and Jeanne Cullen of Hamburg, a gradu- undergraduate law students; other to senior law students, the OPINION ate of D'Youville College, and has offices need a full-time young at- will be pleased to supply a list of the three sons and a daughter. Last se- torney. Those who entered military names of students who will graduate mester he taught Personal Property service upon graduation come back this June and who will probably be and is now teaching Corporation^ to the placement office for informa- available for employment at that and the Local Government seminK ion about openings. Those who have time. lc PAID ,I MONROE ABSTRACT TITLE CORPORATION TAX and TITLE SEARCHES TITLE INSURANCE CL 0737 Sec. 34.65(e) PL&R U. S. POSTAGE 93 FRANKLIN ST. DENNIS & CO. Inc. Publishers and Dealers of Law Books DENNIS BUILDING 251 MAIN ST. BUFFALO 3, N. Y. „. Phone r.flul CLi 231° � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1957-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 7 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1957 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8c32f9a753f4341dadfc48e7f92f6f5d.pdf 5ab87d4e78526eda6931e21540af898b PDF Text Text WELCOME BACK, FRIENDS! Vol. 6—No. 2 UNIVERSITY OF BUFFALO LAW SCHOOL OPINION SEPTEMBER, 1955 Professional Character Of School Stressed In Welcome To Freshmen The editors of the OPINION have kindly given me space to extend greetings, on behalf of the Faculty, to the First Year Class. We know that you approach the first classes with doubt and trepidation. We also know that this feeling wears off as you become accustomed to the new atmosphere and new methods. It is not easy to determine what can be said, in brief space, to hasten your adjustment. But there is one general observation which may prove helpful to you. You will not understand what the Faculty is trying to do unless you keep steadily in mind that you have entered a professional school. You are expected\to do more than Last month Dr. Carlos C. Alden acquire a body of new information died, a scant year after his retireand master a new skill for using ment from active teaching at the that information, although you Law School. At the end of his last PROF. LAGOMARCINO PROF. TOUSTER will devote enormous time and year here, the ADVOCATE, the effort to those two purposes. In- the Law School yearbook, published deed, this part of your work alone the following dedication, which we to will require closer reading, harder have been graciously allowed be and more critical thinking than reprint; other memorials will by more famous men, but has been asked of you before. It written will come so close to verbalwill also require a care in prepar- none The OPINION is happy to welcome, on behalf of the Law izing what Dr, Alden meant to us, ation and an attention to class distwo new members of the Faculty, who will be teaching School, and the rest of whom those he cussion which necessitate real ef- taught over so many years. full time for the coming year. Prof. Paul D. Lagomarcino received fort on your part. Dr. Carlos C. Alden this year his B.A. from the University of lowa, and his LL.B. from George Laying the Foundation out a full half-century of Washington University in 1949. During World War II he was The reasons for emphasizing the rounds professional character of your service to the University of Buffalo first attached to the 7th Air Force as a navigator; later he served study are two. The first is that you School of Law, during which he are not in Law School merely to was Dean for thirty-two years. as Assistant Trial Judge Advocate of the Fifth Air Force General cram into your heads enough Born in Washington, Illinois, he Court Martial. knowledge to get past the Law had moved to New York City via Immediately following his gradu- volved in day-camping activities School exams and the Bar Exam- Bangor, Maine, when he was off- ation from Law School he became and community center work. He in 1904. Since inations. You are laying the foun- ered the Deanship such a circuitous associated with the firm of Coving, is married to the former Helen dation for a lifetime of a kind of he had traveled ton and Burling, in Washington, Davidson of Meridien, Idaho, and route to the the general School, work which for centuries has proD. C. In 1953 he joined the Inter- next term will teach Contracts consensus seemed to be that he vided a challenge to men of outnal Revenue Service, and at the and the New seminar in Legal must now be made to settle down standing capacity and devotion. time of his resignation was Trial History. a became for he has since while; The Faculty will be trying to help Attorney in charge of the Buffalo just part so much a more than of you make that a foundation solid office of the New York Regional that for the past enough to permit you to grow the Law Schoolany Counsel. He is married to the for- Mrs. Moir three decades hint that Dr. throughout your professional camer Marian Allison McCrillis, of To Lemon Pies Alden might consider moving away Northampton reer, to solve the still undefinable would Mass., and has two have been fighting words to problems which will confront the sons. In the coming term he will One day in April, 1924, Mrs. the whole school. teach Taxation. law in your generation. But they It would be impossible to begin Katherine Moir entered the Law can only help, they cannot do it Prof. Saul Touster received his to list his honors and achievements School and embarked on a career all for you. A.B. from Harvard his 1944, in law, long the field of for he has in of keeping the place in order. Two. The second reason is that the been an indefatigable scholar, but LL.B. from Harvard Law School responsibilities of members of the two items must be mentioned. He in 1948. During the last war he weeks ago she put away her dust Bar go far beyond making a living served for thirty-three years as served with the U. S. Navy as a cloths and other equipment after and providing honest, skillful rep- President of the Legal Aid Bureau, deck officer on a tanker in the thirty-one years of doing just that resentation of a client's interests. of which he was one of the found- South Pacific. From 1949 to 1950 She has more seniority on the job They include unending concern for ers; and, of course, the School is he was an associate in the firm of than any in New arrived a professor—Mr. Laidlaw and participation in the improve- familiar with, and proud of, the Isseks, Meyers "and couple of years after she ment both of the machinery for Alden Gold Key Award, given in York City, specializing in antidid—and she has observed the comadministering justice and of the recognition of outstanding contri- trust cases. ings and goings of half a dozen effectiveness of our rules of law in bution by a law student to the In 1950 he became associated Deans. furthering the ideals of American field of legal publication. with the Edward H. Benton firm, For the last eight years, three of life. The Faculty feels it to be There are; things that are con- also of New York; he has also them in the Old School, she has served as secretary and general WELCOME FRESHMEN TRIBUTE TO DR. ALDEN counsel to the Henry Kaufman MRS. MOIR RETIRES (Continued on Page Two) (Continued on Page Two) Campgrounds, an organization in(Continued on Page Two) We Pay Tribute To Dr. Alden Profs. Lagomarcino And Touster Join Law School Faculty Retires; Bake V^rdon �OPINION 2 < I INION Tribute to Dr. Alden Sec. 34.65(e) P L R U. S. POSTAGE * (Continued from Page One) OP THE UNIVERSITY OF BUFFALO LAW SCHOOL siderably more important to a law Editor-in-Chief John P. Mac Arthur Associate Editors Robert Switzer student, however, than what the Charles Salter world thinks of one of his profesFaculty Advisor...Prof. David Kochery us are sors; most Vol. 6—No. 2 September, 1955 Welcome Freshmen (Continued from Page One) their obligation to help you achieve the background and the critical approach to the law which are essential to the discharge of those lc Paid BUFFALO, N. Y. Permit No. 311 of concerned with what we think of him, with what we will carry away with us into our own practice. We will remember a man who loves the law, but who is keenly aware of its faults and has done an enormous amount of work to correct them; a man who never loses sight of the human factor in a field which is so largely concerned with distilled ideas rather than persons; a man who exemplifies to the highest degree the ethics and fair play he has unceasingly sought to instill in his students. No one who has heard him will ever forget responsibilities. If you keep these observations in mind, the approach of the various members of the Faculty in the different courses will be more understandable. And you will soon be able to begin to experience in Law School some of the endless stimulus of the profession. In thisi way you will find in Law School a rewarding experience as well as a sound foundation for your life's that magnificent voice, insisting that the law is not a panacea but a last resort, to be employed when all other means have failed. "Good Morning" was often the only bright aspect of an otherwise cheerless winter mornassigned to the Library. Here ing, and we will miss it in the Through his lips speak Honesty, been coming year. Humor, and Dignity, and for these the problem was to keep the traShe retires to keep house for the "Doc" all of will dusty outlive us. ditional dusted AND tomes work. her son, Edwin G. Moir, and "to —Jacob D. Hyman, Dean We have said that it is impos- IN ORDER, which she has done bake a lemon pie"; we hope she sible to detail the honors and -ac- with her customary excellence. For now will have time to bake a complishments of the man in this the bleary-eyed early birds her thousand. short space, but it is not impossible to render our own small measure of thanks to the Fates for having BUFFALO DAILY given us a share of Dr. Alden's fifty years at the School. LEGAL PAPERS SERVED ANYWHERE \ YOUR REAL ESTATE TRANSACTIONS Reasonable Rates—Fast Service We Pick Up and Deliver -MO-9G97 Abstract & Title Insurance Corp. 110 FranJclin^Street, Buffalo, N. Y. ftrrf_to, N. Y. o 9 & Title Corpora tion 0 1 TAX and TITLE S SEARCHES 0 TITLE INSURANCE •i Lockport, N. Y. Rochester, N. Y. %eview 8 Monroe Abstract. BOOKSTORE 77 West Eagle Street Buffalo 2, N. Y. MA. 0082 chuckling One) .... Speeding.... Safeguarding .... PROFESSIONAL PROCESS SERVICE Prudential Building _£«^ from Page Simplifying LAW JOURNAL Serving the Legal Profession of Erie County Since 1929 BUFFALO Mrs. Moir Retires (Continued n DENNIS & CO. Inc. © Publishers & Dealers J fi o nCL 0737 | !0 hN Law Books DENNIS BUILDING 251 MAIN ST. 3, N.Y. BUFFALO. 93 FRANKLIN ST.fi I Q.C__Z-CC_--30<==^0-=__>OC__3o____>OC___>oo' P»,-„_rL Phone CL -._.?. > Sii � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1955-09-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 6 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/1/1955 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/72df3647cc613ed4990c7c6fd2aae003.pdf 16f22589461004c5b8c91afb95c35f0b PDF Text Text MORITURI TE SALUTAMUS Vol. 6— No. 1 UNIVERSITY OF BUFFALO LAW SCHOOL OPINION MAY, 1955 Indigent Prisoner Program Celebrates First Anniversary CHARLES SALTER By < In January of 1954 the Indigent Prisoner Defense Organization became a recognized extra-curricular activity at the Law School, receiving the full support of the Dean and Faculty. In cooperation with the Erie County Bar Association, the society of fifteen members has aided in upholding the rights of prisoners, in rendering to them the benefit of the all important "right of counsel." The result is that the community receives the benefit of the students' services and they in turn receive practical experience not found in text books. the following list of quesThe cooperation of the Court, program, which are to be answered by the District Attorney, the attorney tions, the student in each case assigned, for the prisoner, the Bar Associa- are included. The purpose of this tion, and the Law School is neces- analysis is to compile, over ape sary for the successful operation of iod of time, a permanent record of such a program. The Court apcases handled, in order to evenpoints, from an alphabetical list, a all tually aid- attorneys and the courts member of the Bar of Erie County, dealing with those individuals who is notified of such assignment in who find themselves on the wrong by the District Attorney" and further, that the services of law stud- side of the law. To balance the delate scale of Justice is the ents on the program are available. aim both lawyers and judges. Assuming such services are de- This of program affords a student, sired, twOL stiidents contact the at- before entering practice, a graphic torney, who briefs them on the picture that scale, to the end progress of the case, and requests that theofsociety in which he lives that certain information be ob- may benefit from a well-balanced, tained. This provides them an op- prudent, justice-seeking man or portunity to find and question woman. witnesses, analyze botly^he defendant's and prosecution's stories, For the coming year Thomas and find pertinent points of law, Hagmeier succeeds Marvin Baum and in general to/put their imag- as Chairman of the Committee, ination to work and their Crim- aided by Directors Howard Meyer inal Law Course to practical use. and Jack Quin n, who .replace Of course, the attorney has the FranklhiPack and Leonard Walentynowicz. They will work with final word on all activities and ultimately argues the case in Faculty Advisor Richard Arens, Court, but, for active participa- the originator of the Program in tion, the student comes as near to its present form. handling his first case as is posThe following report represents sible for an amateur counselor. the integration of two forms given The Constitution of the organiz- to each participant for each case ation, drafted last year, provides he handles: (1) All information that is conthe following minimum qualifications for membership on the Com- veyed to you by either the attorney mittee: or the defendant is not to be trans(1) Successful completion of mitted to anyone not connected one semester of law school, and with this program, including fel(2) One semester of apprenticeship, low students. which means, for practical pur(2) How and when was defendposes, handling successfully one ant arrested? Was there a waris "Successfully" interpreted case. rant or information? If so, what as "to the satisfaction of the Board did it charge? How much time of Directors," which necessitates a elapsed between arrest and appearquestionnaire type of report giving ance before a local magistrate a complete, accurate and concise (Sec. 165 N.Y. Code Crim. Proc.)? statement of the entire case, from What happened before the magisstart to finish. trate? Was there a preliminary Uponfcompletion of these require- hearing? If not, why not, or is ments, should the applicant be ac- one scheduled? Was the attorney cepted, he is made a formal mem- assigned before or after the hearber of the society, and receives a ing? Have you seen the trancertificate at a formal gathering script of the hearing and/or depoof Law School notables. FIRST ANNIVERSARY In order that the reader may (Continued on Page Four) recognize the seriousness of this U. B. Moot Court Professors Vie In Team Triumphs Rearmament Talk By VINCENT DOYLE On the evening following the appearance of one of the Seniors before the Court of Appeals, two more Seniors and two Juniors were arguing before the Supreme Court of the United States, and doing equally well. This year about a hundred law schools participated in the annual Interscholastic Moot Court Competition, in which all Some 175 students of the University of Buffalo Law School heard a spirited and enlightening debate that was held last term in the Freshman room. The subject was Resolved that German Rearmament is necessary for the Security of the United States. The debaters were Dr. Arthur Lenhoff who defended the affirmative and Proteams argue the same case against fessor Richard Arens who advoeach other in an elimination tourn- cated the negative side of the ament. The rules were slightly question. changed this year to allow each The debate was lively and both school to send two teams, one ap- speakers during the course of the pellant and one respondent, to the vehement speeches were unaware Regional elimination tournament, of the moderator's rapping of the to argue this year's labor injunc- pencil signifying the elapse of the tion case. After a harrowing intra- alloted time. school battle, followed by an inThe first speaker, Dr. Lenhdff, tensive series of arguments among informed the interested audience themselves, Ed Gueth and Buz of the legal and political influences Fahringer were selected as counsel that gave rise to the present situfor the appellant, a labor union, ation, and the pacts that were and Bob Whetzle and Jack Mac- formed which eventually resulted Arthur undertook the suit on be- in the North Atlantic Treaty. Havhalf of respondent, the Maestro Vi- ing implanted the necessary background, the speakers moved into deo Store, Inc. The prognosis was a little dreary, the main speech in which they since it seems that the University stressed their contentions. Profesof Buffalo had never won even sor Arens, who presented his the first round of the Interscholas- stand first, called attention to the tics, but the two teams were un- lack of any great discussion on the shaken. After a fantastKr^dinner, subject matter both in the Conduring which Whetzle was initiated gress (which he said spent a total into the mysteries of filleting a of three hours discussing German fish while it is watching your rearmament) and among the peoev^ry move, they entered into ple. He then moved to his main mortal combat with teams from point. Professor Arens pointed out Albany, Syracuse, and Cornell the numerous atrocities attributLaw Schools. Whether it was due able to the Nazi regime. He stresto the law of averages or the flaw- sed the fact that twelve million less briefs mimeographed by the people were massacred by the GerMisses Freer and Loftus is uncer- man army. This great number of tain, but when the dust of battle murders he said could not have cleared it turned out that both been accomplished by a mere few teams had emerged unscathed. As members of the hierarchy, but it happened, the same was true point out the fact that such actiwith Albany; both Syracuse and vity must have been done by many Cornell were rendered hors de persons, a great percentage of combat, and assumed the roles of whom have never been punished enthralled spectators at the foren- by anyone for their crimes, and in sic battle of the century. The next fact receive the protection and morning two Buffalo teams faced amnesty of the present governtwo Albany teams in a titanic ment of West Germany. Furtherstruggle, while faculty adviser Dr. more, Professor Arens maintained Clyde Summers, the teams' secret that if twelve divisions were given weapon, shuttled back and forthbe- to the Germans, not only would tween two tense courtrooms. Both these twelve divisions be grossly matches were extremely close, but inadequate to protect any area when the Court rendered its de- from a great onslaught by the cisions both were favorable to the Russian army, but also these Buffalo teams. This presented the twelve divisions would in all likelidelightful spectacle of an all-Buf- hood be headed by military men of TEAM TRIUMPHS (Continued on Page Four) PROFESSORS VIE (Continued on Page Two) �OPINION 2 OI INION Chancellor's Wife Entertained at Tea OF THE UNIVERSITY OP BUFFALO LAW SCHOOL By MRS. ANNE MACK Editor-in-Chief Ward Smith Managing Editor....John P. Mac Arthur There was great curiosity on the Associate Editor .John A. Guzzetta Student Advisor Don Holzman part of the "boys" of the school Clyde Summers Faculty Advisor on the morning of October 25, Staff—Rossi Edelman. Ray Ettlinger, 1954. They were asked to assist in Armand Saaia, Dan Janik. carrying in baskets of dishes, linMay, 1955 Vol. 6—No. 1 en, and silver, from a car to the Professors Vie (Continued from Page One) Bar Association Rooms in the school. There was also great an- ticipation as to a possible party the Nazi regime, those who were and good food awaiting them later. not punished for any atrocities of At noon the florist appeared with the Nazi regime but who under a beautiful center-piece. Professor Arens' analysis must have At 3:30 when one peeked into the participated in the commission of Bar Association Rooms, one was the atrocities. Dr. Lenhoff then was called upon by moderator Professor A. M. Mugel to present the affirmative side of the question. The Doctor maintained that first, because of all the protections that have been created involving the number of the German divisions, the supervision of said divisions, the continuing occupation of Germany by the Allies and the limitation on the type of war material that can be produced, aU these guarantees assured the impossibUity of a resurrection of the Nazi regime. Doctor Lenhoff made the further point that it was vital to have as a defending army those who have something to defend. Thus the Germans would be more apt to defend strenuously their own homeland against a possible onslaught by the Communists than would an army composed of men from another part of the world. Professor Arens on his rebuttal asserted the futility of belief in "Paper Pacts", calling attention to the many times such pacts have been violated in history, thus rendering the protective measures that Doctor Lenhoff pointed out ineffective and non-persuasive. Doctor Lenhoff in his rebuttal said that we must move ahead in history and we can no more refuse arms to Germany because of Nazism than we could refuse arms to France because Napoleon was once a "hasty fellow." He further stressed the fact that based on his personal observations as a guest lecturer in Germany, both in the early Nazi stage and as late as 1953, a great number of the German people were never Nazis nor Nazi sympathizers but rather were at all times and still are bitterly anti-Nazi. With this the speakers ended their debate and a period was alloted for students to raise questions, which questions only seemed to give Doctor Lenhoff and Professor Arens a chance to reiterate their positions. The Debate was sponsored by the newly-formed Speakers Club of the University of Buffalo Law School as an attempt to enlist more members Into the society by showing those present the great benefit debating such topics can V— impart to the debater. amazed at the transformation. Centering the room was a table beautifully set with white linen. Candles, gleaming silver, and dishes, all surrounding a center-piece of yellow and brown crysanthemums decorated the table. The girls had piled dishes with tasty sandwiches, cookies, and candy. At each end of the table sat a damsel ready to pour tea and coffee. The wives of the faculty began to come, as did the honored guest, none other than Mrs. Clifford Furnas. The charming wife of the University of Buffalo's new Chancellor was very much pleased to meet all the girls of the school. Wives of the faculty present were Mrs. Carlos Alden, Mrs. David Kochery, Mrs. William Laid, law, Mrs. Clyde W. Summers, Mrt. Arthur Lenhoff, Mrs. Thornton Edwards, and of course Mrs. Jacob Hyman wife of our Dean, was there with her usual charming manner. The faculty was represented in the person of Miss Lois Crissey. All of the "girls" of the Law School were there as well as the "girls" of the office. For once the "boys" were excluded. For the first time in the history of the Law School the .women of the school reigned supreme. All in all, it was a very fine occasion and should be repeated by the future "girls" of the law school. U. S. Attorney Chooses Aides Early in 1954 Attorney General Herbert Brownell instituted a program under which law students with outstanding records could be appointed to the position of Student Assistants to the United States Attorneys in the respective Federal districts. The purpose of the program was both to give aid to the overloaded staff of the United States Attorney, and to give the students experience in writing briefs and legal memoranda, and in helping to prepare cases for trial. This year three students from the University of Buffalo Law School were so appointed. They are Irwin E. Ginsberg, Howard L. Meyer 11, and Ward Smith. Mendelsohn Faces Court Of Appeals extremely favorably impressed; it would seem that, in addition to presenting a"students-eye" view of the Rule in question, Mr. Mendelsohn and his colleagues also accomplished a considerable amount , Job Placement ' Service favorable public relations of work, The University of Buffalo has for themselves and for the Law in only Law School the apparently School. the country that can claim the distinction of numbering among its undergraduates one who has argued before the highest Court in his state. The event took place last winter, when Morton Mendelsohn, The prime function of the Job accompanied by Gordon Gross and is to act as Vincent Doyle, debated the merits Placement Committee of the Rules for Admission to the Ia concentrator of point of contact. Bar, with special attention to Rule The Law School, focussing mainly on the current graduate as a start3 (a). point but not eliminating oldThis deals with ex-servicemen ing er graduates, is presently in the whose tour of duty began immedi- process of establishing a centralately after the successful completion school careers; ized and effective system of aiding Organized 1 ' of their law '' j ''' '' ' at present it appears that such candidates for jobs. This will be accomplished in part by keeping candidates may be admitted on an elaborate index file designed by motion, without having to undergo J the rigors of the Bar Examinations. Remington-Rand. Tabulated accuAt a meeting last Fall of the Com- ]mulations of precise data concerning job qualifications can readily mittee on the Rules, feeling seemed to be unanimously against be obtained, thus assuring the the continuance of such a practise, ! selection of an individual well and plans were made to present ! suited for any job opportunity. this point of view to the Court of Miss Betty Freer has been apAppeals when they met to con- pointed Job Placement Director sider revising the Rules. This news iof the Law School. With the aid reached the school a scant few iof the Job Placement Committee days before the day set for argu- iof the Student Bar Association, ment. A school-wide straw ballot ; headed by Hal Boreanaz, over was immediately taken, and the three thousand letters were sent result was an overwhelming ex- to Western New York lawyers, nopression of opinion that Rule 3 (a) tifying them of the inception of should not be abolished. Working the placement service; the rearound the clock as suggestions isponse to date, while not overwere examined, discarded or re- whelming, has been satisfying. tamed, Mendelsohn produced a As more and more prospective brief in support of this position employers fn the legal field become and set off to Albany with his two aware of the fact that they can aides beside him and the Student most effectively find the type of Bar treasury in his pocket. personnel they are interested in As it turned out, his was the Iby contacting Miss Freer at the only voice raised in opposition to !Law School, the value to the job the abolition of the rule. Numerous iseeker must of necessity increase. leaders of the Bar, professors and Thus, the organization of a longpractitioners, arose to add their needed placement service, by foweight to the other side. Some cussing the area of contact among small confusion was engendered in members of the Bar, can result in the minds of the spectators when substantial benefit to the legal Dean Hyman arose to join in this profession as a whole. chorus, though the Dean made it clear that he spoke for himself _n<______?t -ftrather than for the students at the S~K** >CH Law School. At length the time came for rebuttal, or at least qualification, of this mass of evidence, and Mendelsohn was allowed to argue his position at some length. Since he was the only representative either of his particular view of the desirability of the £ rule or of law school students in o general, there was no time limit TAX and TITLE set, and he was permitted to take as much time as he needed. There were several questions from the Court, which also made a request SEARCHES for a copy of the brief, all of . • ' ' ■•■*" 0 *r>4 »ni I i Monroe Abstract i &Title Corporation 1 j J which Mendelsohn handled with aplomb. When the talk turned to TITLE INSURANCE possible compromise measures, the Court was. referred to a section of the brief in which this matter had been dealt with, and which was 93 reinforced orally. Apparently all who saw the performance were Q )cz>oc_do__3oc_^oc_3o<_=>oc_-ac j | i JJCLO737 FRANKLIN ST.j �OPINION The Faculty It has been a tradition for the last few years that the students will get their long-overdue revenge upon the Faculty once each year, at the annual Law Review Banquet. The program this year consisted largely of songs, some not entirely scurrilous. With somefear of having to defend itself in a slander action, the OPINION has decided to print somewhat edited versions of the least actionable, for several reasons. One is that the songs are otherwise liable to remain unsung for the majority of the students. Another is that some members of the Bar may conjure up a reminiscence or two. Finally, and most importantly, we are shy of copy. Herewith, then, the most important contributions made in the field of Law by this year's Law Review. Subject: Mr. Laid law. Tune: Doin' What Comes Natcher- only three, And now he teaches Civil Procedure at U. B. Davey, Dave Kochery The man who knows no fear. Dr. Lenhoff's average student. Tune: Clementine. In the basement of a high school With his cretin maw and paw Even legislative history crime He had crammed within his head. He couldn't somehow handle; He sends 'em up for two or three (Chorus) For doin' things illegally. There was nothing that could stump him, For you don't have to know how to read or write Not a thing he couldn't learn; In Ellicottville on Saturday night; 'Till he hit the course in Conflicts, Just try to keep track of the blood And the worm began to turn. that's spilled (Chorus) And suspend the sentence if the jail's all filled. Then the temporary absence \ That's illegally! From her home outside the state If someone squeals to the Court 0% Appeals, Dame. Chorus: There is nothing like a case, Nothing in the world; There is nothing you will face Half as wonderful as a case. Subject: Mr. Kochery. Davey Crockett. Tune: Davey, Dave Kochery King of the C.P.A. Schooled in the West where the laws are wild, He had a legal bent, even as * (Chorus) And at last his dear professor In a sudden fit of pique Suggested he be a shoemaker's Apprentice for a week. Law School Cafeteria Lived a mongoloid bricklayer Who enrolled to study law. Chorus: We've got minutes, we've got cans, We've got abstracts that are joys, We've got outlines in both hands And the notes of last year's boys, We've got every kind of outline That can help to have our face; What ain't we got? We ain't got the case! (Chorus) In personam jurisdiction Of an idiot from Spain Who was married to his sister Caused the fellow awful strain. Subject: Double renvoi, double renvoi, It's a very useful rule. He's SquirV,Bi_r __am Ellicottville, And the only time you'lb-se it Is your final year in school. No need for legal tearnin' For he got to be J. P. He learned substance andvproceBy doin' things illegally. dure, Been some time since he's seen a Law and Equity he read; Subject: Dr. Homburger. Tune: There is Nothing Like a What a second state would guess On the first state's rule of conflicts Seemed a pretty hopeless mess. (Chorus) The C.P.A. he read with a smile. (Chorus) Substituted service troubled himI IBut he managed to get through it, a while, Kept it pretty well in hand have passed, and now the Years But Davey could handle any trial 'Till he got to double renvoi bricklayer The very next day he changed his Which. he couldn't understand. domicile. Cobbles shoes with all his crew (Chorus) Of a thousand young employees / Davey, Davey Kochery How. a state was second guessing Who were once young lawyers too. Seem' his duty clear. iy. Remember there's no record; Shade the truth and you're off scot free Doin' things illegally. \ 3 child; Of a minor married rover Got his law degree when he was Kept our Ifero working late. LEGAL PAPERS SERVED This Week's Specials * * * Benzedrex No-Doze ~k McClune's Magic Midnite Oil *k Cellino's Concentrated Insomnia Coffee Simplifying.... Speeding.... Safeguarding.... YOUR REAL ESTATE TRANSACTIONS Abstract & Title Insurance Corp. 110 Franklin Street, Buffalo, N. Y. ANYWHERE Reasonable Rates—Fast Service Lockport, N. Y. Rochester, N. Y. We Pick Up and Deliver PROFESSIONAL PROCESS SERVICE Prudential Building MO 9697 Buffalo, N. Y. DENNIS & CO. Inc. Publishers & Dealers BUFFALO DAILY LAW JOURNAL Serving the Legal Profession of Erie County Since 1929 Law Books DENNIS BUILDING MIixJJSfVIY BUFFALO, 3, N. Y. '\ Phone CL^o '2911 �OPINION 4 Appointments Chancellor Furnas Speaks at Luncheon The Law Review takes pleasure in announcing the following elec- By HAROLD BOREANAZ Introduced by Dean Jacob Hytian as a man with a "meticulous md accurate grasp of detail, yet rery broad vision", Dr. Clifford And Elections tions: Editor In chief: John P. MacArthur. Editorial Staff: Paul A. Foley, David Abbott, Howard L. Meyer 11, Richard C. Wagner. Business Manager: Alan H. Levine. Sec. 34.65(e) PUR U. S. POSTAGE lc Paid BUFFALO, N. Y. Permit No. 311 Furnas, Chancellor of the University, proceeded to prove the aptness of that description at a recent Law School Luncheon. The Chancellor spoke as guest of honor at the last such function arranged Book announces The Store that this year by the Lecture and Lunhas made Alan H. Levlne been cheon Committee, on April 28. Manager for /the coming year. He Detailing a mass world expansion will be assisted by Paul Shatkin. trend which within a hundred years will find our population at The Advocate has named Jack between six and eight billion, the MacArthur editor-in-chief for the Chancellor spoke "about the next coming year. twenty-five years", and how this trend will influence the obligations society of the lawyers of those and even more distressIto to conquer the savages from less this year, Anniversary First years. Students and faculty, comhospi- ing that Mr. Summers will spend fortunate schools. After the (Continued from Page One) fortably seated in the upper dining year in Europe. tality that Albany Law School had the next rooms of the Normandy_lnn, lisas the in provided Regionals was host why not? What not, sitions? If tened as Dr. Furnas told of the defendant's plea, If any (Sec. 332 need for "more effective collabor- it seemed unlikely that the New York Bar could do as well, but they Proc.)? What Code. Crim. N.Y. ation of individuals". were fully prepared to try. Their specific assistance has the attorney Urging future and present law- first kindness was to flip a coin requested ? yers to keep a sharp eye on the correctly, as a result of which the (3) Summary of first consulta"balance of government", the team drew a bye in the first round consider the defendant; tion with Chancellor told of the need for a and watched the number of enor of mental emotional possibility "high- degree of cooperative inInstability, drunkenness; is defend- dividualism" as the world's rush tries whittled to a slim sixteen. In the next round there were no ant cooperative? toward expansion, accompanied by byes, however, and Buffalo was BUFFALO (4) Investigation; consider all the threat of clash, makes it imforced to pit its skill against Washof possible usefulness perative to avoid the "suicidal ington of St. Louis, which it had information to the defense, including leads, pos- solution". Wishing the students fortunately done some clandestine sibility of bias or inaccuracy of good luck in contributing to the spying-on earlier in the day. Preprosecution witnesses, possibility of resolution of world difficulties, Dr. paration paid off as the team won using statements as prior inconsis- Furnas expressed confidence in the a unanimous decision, and now tent statements at trial. Check ade- ability of the human animal to there were only eight teams left quacy of commitment order if no overcome to Its con- out of what had once been almost Eagle Street 77 indictment is yet outstanding (Sec. tinued "KSrmapious progress. a hundred. point the pen193 N.Y. Code Crim. Proc). Joseph Abbate, President of the dulum decided" to swing the other (5) Final disposition of case, in- Student Bar Association, in closing way, and in a close battle Buffalo 2, N. Y. the team cluding plea and sentence; does the luncheon expressed the grati- was edged out by Columbia, who the attorney feel an appeal is ap- tude of the student body for the went on to win the Competition. MA. 0082 propriate? Chancellor's excellent address. This Various prizes were provided for (6) Summary of analysis; in- brings to an end another season having gone this far, however, and clude witnesses interviewed, the for the Lecture and Luncheon the team returned from having part they played in the final de- Committee, operating this year established themselves among the of the case. If any under the Chairmanship of Paul top eight teams in the country termination with considerable loot. It is uncases were used to assist the de- Foley. fortunate the two of the four memfense, briefly list their citations and bers of the squad will graduate holdings. team Triumphs (7) General Impression of thej (Continued from Page One) case and the handling thereof; free association will be appreciated. falo final, something new in the history of the Regional arguments as well as the history of the Law * * * * * * JJaw "Review BOOKSTORE West V Law Students Honored I School. Judge Dye headed an eminent One of the high spots of the Court that afternoon when it was University's social calendar Is the requested to affirm the decision annual Junior Prom, this year of the Supreme Court of the State held on March 26, at Kleinhans of Alabaster by the respondents Music Hall. It is at this affair that and urged to reverse it by the apthe men's honorary society, Bison pellants. After debating among Head, annually taps for member- themselves for an hour, the Court ship those Junior male students awarded the decision to Messrs. thought by that society to be most Gueth and Fahringer, presenting deserving of honor for outstanding them with Individual prizes as well extra-curricular activity and ser- as one for the Law School. vice to the University. This also assured the team of a This year the Law School was' Irip to New York Jo compete In admirably represented, two of a the final rounds. Due to some sort total of nine chosen being from of hugger-mugger with the Rules, the other our ranks. Congratulations to it was determined Leonard Swagler and Harold Bor- team could also take the-toUr, and the redoubtable fouiswne went off Marsh & McLt;nnan INCORPORATED Insurance Brokers CONSULTING ACTUARIES AVERAGE ADJUSTERS Marine Trust Co. Building . Buffalo Chicago New York San Francisco Minneapolis Detroit Boston Los Seattle Vancouver St. Louis St. Paul Indianapolis Montreal Duluth Portland Buffalo Calgary Atlanta Washington Tulsa Phoenix Milwaukee Cleveland Havana London � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1955-05-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 6 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/1955 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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A stronger alliance and a more ways been somewhat abashed at cohesive relationship Professor Cowen is Dean of the*" with the uniprospect of observing cynical Faculty of Law at the University serving certain powers for certainI the versity was urged by Mr. Albert A. favoritism and complacent ethics, of Melbourne, and is this year a branches of government, but the enacted against a backdrop of Mugel, Secretary-Treasurer of the Visiting Professor at Harvard, question of delegation of powers, synthetic University of Buffalo Law School oratory. where he teaches a course in Con- which plagued Mr. Roosevelt twice flict of Laws. in the history of the early New It was therefore with some Alumni Association, in an intertrepidation that I approached my view conducted recently. He received his B.A. and LL.M. Deal, was easily handled in Aus- present duties as President tralia. The Court simply declared of the The object and after an interim of the Association is in Melbourne, Student Bar Association. Howthe executive since was esthat, years four the in Royal Ausof to engage in activity designed to ever, my misgivings have been altralian Navy his B.C.L. and M. A. sentially a creature of the legisla- layed by the fine, eager coopera- extend the reputation and influat Oxford. He is the co-editor of tive, it was nonsense to say that tion our new administration powers could not be delegated has ence of the University of Buffalo Dicey, Conflict of Laws, 6th ediand forth with great free- received from all quarters. School of Law as an institution tion, 1949, and has published in back Our early meetings have been dom. Since the United States Sudevoted to the highest standards various law reviews in this coun- preme noteworthy for the complete abseriously Court has not chaltry, England, Canada, and Ausany delegations of power sence of internecine quarrels. We of learning and ethics in the law; lenged tralia. for some time, it may be said that have transacted an enormous vol- to cooperate with the Council of Dean Cowen's appearance here practically the two systems arrive ume of business, some of it tempt- the University of Buffalo; to aswas made possible by the James at the same point, except that this ingly controversial, without evithe Law School in providing McCormick Mitchell lecture ser- country has reserved the idea dence of strain or personal feuds. sist effective teaching and preparation ies, which has previously spon- where Australia has definitely re- To date, therefore, our operations for practice; to assist worthy stusored lectures by Justice Robert pudiated it. have been a refreshing experience. dents in the study of law; to faciliJackson, in 1951, and Professor major factor A in the clear- tate employment of the graduates The problem of Judicial power is Karl Llewellyn in 1952. more serious in Australia. Chap- headed and non-political workings of the school; to stimulate the our of his first Dean Cowen of Board Directors cer- interest of alumni and lecture, In ter 3, sec. 71, of the Australian community discussed the formation of the two j Constitution vests judicial power tainly lies in the vigorous prece- in the Law School; and to create Constitutions. That of the United in the courts, and sec. 72 lists such dent established by Bud Millane, a close intellectual bond between States was born out of a series of a number of calamitous things that our former president. His adminis- the Alumni, faculty, and students. cataclysmic events, while Austra- must happen before a judge can tration was famous for a courThe activities of the Association lia's was formed under the less be removed from office that it can ageous zeal and independence of in the past have provided scholarthought and action rarely parallel- ship help violent pressures of certain inter- only be said that judges are in for for needy and deserving national fears and internal trade life. This naturally interferes led in student organizations. His students; with assistance, by cooperathonesty and force- ing with the problems. Whereas this country the proliferation of ad hoc tribu- unmistakeable Law School in conthough it occasionally misfulness, specifically rejected the Crown, nals, and the symposiums courts ducting of and conferAustralia never even considered martial was onlyssolved by relying fired, embodies a tradition which ences on legal matters; financial the possibility of handling its own on United Stages) decisions while this administration would be well assistance in sending our Moot pursue. foreign affairs, rather than having blithely ignoring the fact that, be- advised to Court in competition with other Britain keep control. This paved cause our sth Amendment makes Particularly inspiring is the ac- leading schools; and financial asthe way for various difficulties, a special provision for the armed tivity of the freshmen in our ad- sistance to the Law School publiministration. At least one fresh- cations. which will be discussed later. forces, the authorities are not man has been named a Committee Another and more fundamental really in point. The 1952-1953 semester was sucChairman, difference aros&iin the area of Coming to an examination of appointed toand others have been cessfully ended by a luncheon held membership active in in New York City sponsored by separation of powers; it is spe- the legislative bodies in both counimportant committees. Their concifically provided in the Australian tries, we find that while the House tributions at our meetings, in pre- the Association. The luncheon held (Sec. 64) Constitution that the of Representatives in Australia is at the University Club, was the executive branch of the govern- much like &ur own, their Senate senting fresh ideas and viewpoints first in eight years and proved a already have had a salutary efgreat success. The meeting coinmust derived from the ment be is fairly worthless. In effect, the majority party of the important Senate is rather a rubber stamp fect on the vitality of our de- cided with the New York State Bar legislative house, and the chief than a check of any sort on the cisions. Association Convention held in that Much remains to be done. While city. The principal speaker at executive must in fact be a mem- House, in spite of the fact that the the we may not accomplish all we set luncheon, was the Honorable ber of one of the Houses. This is powers of the Senate are theoout to do, our beginnings have been Judge of course specifically forbidden by retically even broader than that auspicious, Charles Desmond, Class of and augur well for the 1920, of the University of Buffalo, our Constitution. Dean Cowen's of the Senate in this country. The effectiveness of our future work. present Justice of the Court of appraisal of this situation was that practical of this would seem effect Morton Mendelsohn Appeals, State of New York. The it was a sort of combination of the to be that the two most powerful British and American systems, that states in Australia, Victoria and affair is hoped to be an annual one Juniors Honored to foster interest in the Association it clearly made for closer relations New South Wales, would generally between the executive and legisla- have an easier job than any bloc members and to create a more although closely The that, University of Buffalo Law tive branches, and knit body. of states in this country which memhe was not prepared to claim that wanted something done. School is honored in that two The latest activity was the coany way operation was a bers of in political given in the fostering this The Australian Constitution has the Junior class, Messrs. panacea, it had worked out very no Bill of Rights, but it does spe- John A. Guzzetta and John Cooney of the Conference on Local Govwere tapped by Bison Head, the ernment conducted by Dean Jacob nicely for Australia. honorary men's organization of the D. Hyman and Australia had followed the the Honorable DEAN COWAN University of Buffalo. (Continued on Page Four) Judge Diamond. United States to the extent of re- — �OPINION 2 capacity to reason legally, but rather on the power to use brute memory. This helps no one to be a good lawyer? does not raise the standards of the Bar of the State of New York, but rather enables a lot of dolts to get through the Bar Examination. The Bar Examination is not made up by people with an academic background, nor is their aid or advice used. It is lawyers with a vested, in regard made up by May, 1954 |past record, particularly Vol. s—No— .5 No. 2 not quite objective interest in to the distribution of failure in the their examination questions. class. The only word which can be We hope that here we have indiEditorial: used to describe the failure rate in cated that there is an immediate the top quarter of the class is problem, indigenous to the UniverThe Faculty, "freakish." The faculty notes as a sity of Buffalo Law School, as repossible explanation of last year's gards both its faculty and students, The Students, statistically results the and that there is a larger problem The Bar Examination fact that theaberrant usual pressure was involving these elements and the who were' on those students not alumni, as members and prospecbecome memshortly Swamp Lernean to As we enter the destined tive members of the Bar, in relaof 1954's trial-by-pen, it might be bers of the Armed Forces, in that i | tion to the desperate need for imthey even if July they aware in to note that were that appropriate provement in our Bar Examination 1953 approximately 80 graduates failed once they would be admit- system. of the University of Buffalo Law ted on motion upon their discharge. of School took the Bar Examination They note further that in terms of the State of New York. Last study dynamics, student morale is September the published results jlow. In plotting a preparedness disclosed that of this number some icurve one might rationally expect A cliche is oft time appropriate thirty passed. At a faculty meet- that it would be low in the first else it would not be overworked. on ing on Friday October ninth, held, year due to student confusion j "One wrong does not excuse anaccording to one of the faculty, for first encountering the law, and] other." Some students are chronbut failure, the purpose of considering the perhaps the fear of ically late. This is rude. An ingloomy results of the Bar exami- that it would rise during the year; structor need not and should not some the maximum it would reach its nation, it was determined that brook this. When an instructor reason lies in the laziness of the time during the first half of the goes over his allotted time he is constant their failure to learn and remain second year, students and rude also, not only to the students, until graduation. This is not so. who have many things to do in the New York law. preparedness The level of student It seems apparent to the OPINtheir ten minute breaks, but to the ION that this is only part of the decreases, we are informed, from instructor following him. An inThis, the year. the to third first unpleasant truth. If in fact the who has control of his explained in structor have list of failures could be drawn only we suggest, may be class will his students seated part by the fact that so at least class, from the lower half of the quiet when the hour begins, jobs and many of the students hold support some then there might be the instructor who has his maa large part of their and organized will have this confor this seemingly somewhat arbi- which require terial time; while during the first-year trary determination of fact. As is trol. Therefore his class will end may be only too painfully obvious, how- the job-holding student some memor fear on time. Occasionally bers of the faculty utilize class ever, the list of those who failed held by an initial interest reasonably prehigh level of was notably Indiscriminate. Even to a as a vehicle to exploit their but as time goes on he the ranks of the quasi-sacrosanct paredness, erudition at the seeming expense shouldering two weary of Law Review were not left un- becomes of students. This is unfortunate as heavy burdens. Not being able to scathed. the function of teaching is not up job, give to his he slows afford primarily display of knowledge but We suggest that at least a part point on to a studying his of the reprehension for this lamen- down he figures will get him the communication of it. which preponderant retable display of ineptitude must be through the curriculum. It need I regard the directed at the faculty, not neces- only be noted in passing that there jection of a numbered exam syssarily in terms of pedagogical good many miscalculations. tem as testimony of the student quality, but rather in terms of par- are a body's faith in the faculty's integThis criticism Is, of necessity, rity and their concern for our welticular subjects scheduled. There is a definite need for more courses sketchy. It by no means attempts fare. Yet the present marking sysspecifically oriented towards the to set forth the whole problem. In tem leaves much to be desired. I demands of the Bar Examination. the same fashion, we do not at- believe that the present marking We do not mean to imply that we tempt to set forth the whole an- system should be eliminated. I beare in favor of a curriculum delib- swer. It cannot be gainsaid, how- lieve that students should" be erately aimed at passing the Bar ever, that part of the answer, a graded satisfactory or unsatisfacExaminations. Such an inversion major part, is a vigorous, alert, tory and each student should be of ends and means would be ab- intelligent and informed alumni personally interviewed by an Assurd. We do not mean, either, to in body. The obvious answer to the sistant Dean at the end of each any way endorse the Bar Examina- student's financial problems is more semester to apprise him of the tion of the State of New York, but scholarship aid, the major portion over all aspect of his work. What of which will only come from an and where his short more of that later. comings are The word and the entire concept interested (and affluent) alumni. should be indicated to him. Nuour as alumni, Finally, members and merical could grades of school imply both student be kept in professor, and when a large, indis- of the Bar, are the only ones who the office confidentially for Law anything be able to do about will of a segment school fails Review purposes. There is too criminate an examination for which, of ne- our unfortunate Bar Examination much of a "dog eat dog" attitude re grades, especially class standcessity, it is a part of the function system. The Bar Examination system of ings. I can not see that this enof the school to prepare them, that function has not been adequately the State of New York, we feel, is courages a healthy competition— performed. It seems to us that bad. It is based on quantitative rather selfish and noncooperative when only a trifle more than one- rather than qualitative standards. attitudes towards one another. third of us can successfully pass Its emphasis is not, as might be Camaraderie has to develop in spite this examination, inevitable in all hoped, on the power, ability or of the present grading system. our careers, something is indeed amiss. And it cannot be the fault of students alone. OF THE UNIVERSITY OF BUFFALO LAW SCHOOL On the other hand, it cannot be Editor-in-Chief Ward Smith the fault of the faculty alone. AlManaging Editor ...John P. Mac Arthur though the basic character of the Associate Editor John A. Guzzetta problem remains unchanged, it is Student AdVisor Don Holzman true that the results of last year's Faculty Advisor Clyde Summers Bar Examination were extraordiStaff—Rossi Edelman, Ray Ettlinger, nary. The percentage of failure Armand Saaia. Dan Janik. i was far out of line in terms of our OPINION And Ex Prex Checks Little can be said about the almost unbelievable filth in the cafeteria. Duncan Hines passed this way—quickly. No reflection is intended upon the food served or Mr. Geraci and his capable staff. The porcine patron problem is one of immediate concern. We are in danger of losing the cafeteria privilege. Re Accolades The Blood Bank Drive was a tremendous success. One hundred ninety-two pints from two hundred thirty-two attempted donors. Community Chest drive was oversubscribed by fifty per cent. Six hundred twenty-five dollars from the Law School. Hiring standards and finances of profit making organizations will be in final committee reports to be posted on the bulletin board within the month. The Board of Directors was an affable and willing to work group. There were those in the student body who did more than their share: Messrs. Kurtzman, Adner, Salmon, Frangooles, Manuele, and Phillippone and his committee, Miss Skuliez and Mrs. Mack. Miss Quinlivan in the short time she has been here was a valuable asset to the Board. Mr. Mix ani the bookstore employees have given fine service to the students. Mr. Walsh more than adequately represented the Law School with the University. How Holzman and Laski organize their time so well to contribute so much service is a wonder. Now to three students whose contributions of time and (leadership far exceeded their recognition for these services rendered. These gentlemen were unselfish and unstinting: Messrs. De Marie Guzzetta, and Hartzberg. It is unfortunate that some imbroglios developed. They have mostly been resolved or have resolved themselves. Thanks to all for a most inter- esting experience. —3. Vaughan Millane. Jr. P.S.—Mrs. Millane directs me to extend her sympathies to Mrs. Mendelsohn. /-~ >"■ "?r w\, t in tn< >oe=ac^ S Monroe Abstract %i Corporation; o f&Ti t l e I 8 o TAX and TITLE jj I SEARCHES 0 0 TITLE INSURANCE JCLO737 93 FRANKLIN | ! ST.J �OPINION A Dandy Little Exam Query The following is included as an Interesting fact situation capable of differing interpretations. Assume the injured party indicates to you, his attorney, a desire to sue go of the rope. This released the barrel which had reached the top of the shaft and it fell five stories and landed squarely on top of me 3 modern history." To this particu- walls provide space for, inter aliis, lar phase of the law, Mr. Arens two rabidly cynical Daumier prints brings considerable linguistic tal- on the general subject of the inent; he is fluent in French, Ger- evitable miscarriage of justice. man, and Russian, and has a reading knowledge of Italian. Another area which seems to have preempted a large share of his time is that of psychiatry in criminal law; he is a firm believer in closer The new officers of the Law Review for the year 1954-55 are: interdisciplinary relations. Irving Brott; On the less formal side, Mr. Editor-in-Chief Arens provides a study in con- Morton Mendelsohn, Jerome Haas, trasts. Among the major decora- John Coorfey, and John Guzzetta, tive features of his office are two Buddhas, whose presence he finds and it landed hard too. Consider the heartlessness of your company. I sustained five accidents within two minutes. Once, on my journey up the shaft the insurance company. Under when I met the barrel of bricks. I I what legal theory, or theories The second when I struck the roof. | might you proceed, and how would The third when I met the empty you advise your understandably barrel. The fourth, when I struck irate client as to his possible the bottom. The fifth, when the me. Your agent chances of success? Assume all barrel struck relevant facts are contained in the states that it was only one accident, not five, and instead of re- "appropriate to maintaining the following letter. ceiving a payment at the rate of proper perspective." One of these Gentlemen: am only en- is involved in the abdominal scruThe soullessness of corporations five times $25.00, I one accident at that rate tiny typical of its kind, but the such as yours is astounding. Let titled to other seems to be trying to throw me review my case. I carry ail and one alone. I therefore request as I itself off the desk in an orgiastic accident Policy DX-567843 in your you to cancel my policy fit. This object serves, he claims, company, by the terms of which have made up my mind that I will as a "counterpoise" to an exyou agreed to pay me $25.00 a not be skinned either by a barrel tremely gloomy bit of Picasso on week during such time as I was or an insurance company. I'll send prevented from working because the policy back when you send me the wall in front of him. The inmy premium.—J.E.D. jference is that the Buddha wins, of an accident. until one notices that the other A week ago I went around on Sunday morning to inspect a new apartment house that is being built for me. I climbed the stairs, or rather the ladder now located where the stairs will be when the house is finished, and on the top floor I located a pile of bricks which were not needed there. Feeling industrious, I decided to "remove the bricks. In the elevator shaft was a rope and pulley and on one end of the rope a barrel. I pulled the barrel up torthe top, and, after climbing down, the ladder, fastened the rope firmly at the bottom of the shaft. Then I climbed the ladder again, and filled the barrel with bricks. Down the ladder I went again, "five stories, mind you, and untied the rope to let the barrel down. The barrel was heavier than I was and, before I had time to study the proposition, I was going up the shaft with my speed increasing «very second. I thought of letting go of the rope but, before I had decided to do so, I was so high up that it seemed more dangerous to let go than to hang on. So I held on. Half way up the elevator shaft I met the barrel of bricks coming down. The encounter was brief but spirited. I got the worst of it and continued on my way toward the roof. That is, most of me went on, but my epidermis clung to the barrel and returned to earth. Then I struck the roof. The shock knocked the breath out of me and the bottom out of the barrel. Then, I was heavier than the empty barrel and I started down the shaft while the barrel started up. We met in the middle of our journey, and again the barrel uppercut me, pounded my solar plexus, barked my shins, bruised my body, and skinned my face. When we became disintangled, I resumed my journey downward and the barrel went higher. Soon k was at the bottom and stopped so suddenly that I lost my re- markable presence of mind and let The Opinion On Mr. Arens The return of Mr. Richard Arens to the Law School after a two year absence should be a source of delight to all cosmopolites present; The man has a completely international background. Born in Continental Europe in 1921, he received his early education at St. Paul's, in London. He then came to the States, and was within a term of achieving his degree at the University of Michigan when he was honored with an invitation the late Mr. Roosevelt. This bid was good for three years, during most of which he was attached to Army Intelligence, E.T.0., interviewing hundreds of prisoners of war and various Nazi officials brought in by General Eisenhower's "automatic arrest" order, part of the initial denazification program. In the spring of 1946 he completed his undergraduate work and moved on to Yale for an LL.B. and an LL.M. For a year there after he taught here, then at the New York Law School. He served as assistant to the Special Master in the California Tidelands Oil case, and has returned to us from New Haven after serving as research associate with Harold Lasswell. His publications include articles on the use of psychiatry in Soviet criminal proceedings (Journal of Criminal Law, 1950), the Genocide Convention and the Constitution (Vanderbilt LR, 1950), the War Crimes Trials (Washington University Law Quarterly), and papers on various subjects in the Yale Law Journal. His explanation of the strong international flavor of his work is that it concerns what is in effect "new law, the creation of a wider public order. We can see," he says, "the fruits of international collaboration in criminal law appearing for the first time in New Editors of The Law Review Elected — Student Bar Names Officers The new officers and directors of the student Bar Association are Morton Mendlesohn, President; John Cooney, Vice President; Michael Telesca, Secretary; James O'Brien, Treasurer; John Guzzetta, Parliamentarian; Jack MacArthur, Vincent Doyle, Ray GaUe, Richard Wagner. .... Speeding .... Safeguarding .... Simplifying your/real estate transactions Abstract & Title Insurance Corp. NO Franklin Street, Buffalo, N. Y. frojn Rochester. N. Y. Lockport, N. Y. BETWEEN AND AFTER CLASSES Ifs McMAHON'S "FOR A MEAL OR A SNACK" 62 NIAGARA STREET BUFFALO, N. Y. DENNIS & CO. Inc. Publishers & Dealers OF Law Books DENNIS BUILDING 251 MAIN ST. BUFFALO, 3. N. Y. DL Phone „. /2309 CLI U? �OPINION 4 Dean Cowen Gives Mitchell Lectures (Continued from Page One) cifically protect freedom of religion (because England had a state church), there is an "equal international delinquents, who be able to make treaties but not to enforce them. In fact, King Burgess, v. which came up in Australia in 1936, seems to indicate that there may be a limitation on subject matter in treaties, especially as regards a rather fuzzy doctrine of "Constitutional good faith." Australia might well not accept our Missouri v. Holland on this basis. Therefore, if an agreement were made under the ANZUS pact to witch-hunt for Communists, which has previously Sec. 34.65(..) P L & R U. S. POSTAGE might lc Paid BUFFALO, N. Y. Permit No. 311 protection" sort of clause, and a restriction on taking over private property by the state, roughly analogous to our sth Amendment Australia goes wild on trade, though, in which their sec. 92 was found to contain a^bjomb. As it turns out, a policy of laissez faire been declared unconstitutional in as to private enterprise in interstate commerce is thrust on the government, a real limitation to which ours is apparently not subject, though in some ways our "due process" clause handles the same functions. In his second lecture, Dean Cowen discussed treaty-making and treaty-enforcing powers in this country, Australia, and Canada. This whole question was recently given a thorough examination during the discussion on the proposed Bricker Amendment, and there is reason for considerably more uneasiness in the other two countries; it is generally conceded that there is some sort of treaty power in all three, but the question of how to implement the treaty when made is a particularly thorny one. The position of the United States was made clear fairly early in the game. Article 2, sec. 2, and Article 1, sec. 8, provide the background for Article 6, second clause, in which treaties are made the supreme law of the land, all of which was adopted in Ware v. Hilton. Canada and Australia, on the other hand, had never written their Constitutions with treaties in mind. Barring a curious bit of gobbledygook in Canada's sec. 132, neither Constitution mentions treaties. However, both countries make treaties. This power was rather laboriously spelled out by calling it an essential concomitant of ex- ecutive power, and then claiming that the executive power along these lines lay in the Dominions rather than in England. This bypassed such requirement as Senate ratification and the like, but the theory of "responsible government," by which the executive was chosen from the legislative, rendered this question largely academic anyhow. When it comes to the question of supremacy, the ideal solution would be to have the treaty enacted as a law, but this brings up the question of just how far the reigning powers can go in driving through this sort of legislation. The famous "which" clause in the Bricker Amendment involv- ed the same sort of question. The United States ran into the problem in Missouri v. Holland, in which certain legislation, after being held unconstitutional, was put in the form of a treaty and held constitutional. That solved things neatly for this country, but Australia and Canada were still left in the position of potential Australia, they might have to re- pudiate the agreement. There are also one or two other general limitations. For example, a treaty might be held unconstitutional; there is clear authority in Australia that this would be the fate of any agreement respecting the contravention of religious It would also solve such disputes as gration quotas in this country renfreedom. Canada is in a more Williams v. North Carolina, which ders such proceedings both difficult ticklish position, as was shown by involved a foreign divorce decree; and expensive in the extreme. three cases between 1932 and 1936. Australia had precisely the same In one of them, in which the At- problem^ and decided that the detorney General of Ontario was the cree was valid everywhere. This defendant, it was held that Canada has worked out nicely, especially could make treaties, but that im- since there is no Nevada to complementation depended on Can- plicate things with what Dean ada's entering into treaties as a Cowen referred to as a "Gresham's part of the British Empire, and any law in divorce statutes." In fedtreaty which Canada entered into eral cases, Australia seems to have on her own would not be imple- copied our; Erie v. Tompkins, mented. Canada thus has a sort of though for This purpose corpora"which" clause, which was also true tions are not considered persons. of Australia until 1936, and almost Dean Cowen closed his lecture necessarily leads to a rather poor series with an amusingly harrowinternational record. Australia ing tale of the legal havoc cremanaged to fight its way out of ated in some areas by American this situation by allowing an al- soldiers, particularly in the field most automatic implementation of of Domestic Relations. Due to treaties so long as the implement- rather curious laws, the domicile Eagle ing legislation conformed fairly the of husband is considered the closely with the treaty. domicile of the wife; this compliDean Cowen's third lecture dealt cates divorce proceedings in itself, largely with the conflict of laws but the matter of visas and immiproblems within the federation, and MA. 0082 with the Australian equivalents of our "full faith and credit" and CROTTY'S PEACE PIPE "due process" clauses. As it happens, Australia managed to avoid BAR & LOUNGE the "due process" clause, and the fact that there are only six states LUNCHEONS in Australia renders their "full 47 NIAGARA ST. BUFFALO N. Y. faith and credit" problem relatively easy to handle. The laws of the various states are more easily harmonized—there are, for example, no "divorce mills"—and since there is a single system of courts, BUFFALO £aw %gview BOOKSTORE Street 77 West Buffalo 2. N. Y. rather than a separation of state and federal fora, the common law is fairly well unified. The whole structure is further simplified because the top appellate court is in England, the Privy Council, and this keeps Australia in line with England on the matters which are referred to this court. Our perennial problem of border-hopping is avoided by the establishment in Australia of broad powers for the service and execution of process throughout the Commonwealth. In addition, judgments in each state are registered in the other states, and have the same force as local judgments. We seem to have the power to do this also, and it would certainly help clear our dockets. Marsh & McLennan INCORPORATED . Insurance Brokers CONSULTING ACTUARIES AVERAGE ADJUSTERS Marine Trust Co. Building * Buffalo Chicago New York San Francisco Minneapolis Detroit Boston Los AngelesToronto Pittsburg Seattle Vancouver St. Louis St. Paul Indianapolis Montreal Duluth Portland Buffalo Calgary Atlanta Washington Tulsa Phoenix Milwaukee Cleveland Havana London � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1954-05-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 5 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/1954 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f1f02c4cb2bf4fd6d23afdfb4b6ebff2.pdf e4cef9d463b6c2bdc89d03adb991695d PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION Welcome Freshmen to U. B. Law^School! Vol. 5- -No. 1 From the Dean's office Welcome .. September, 1953 Welcomes Students The editors of OPINION have the class of '56, he would undoubtadvice by many freshmen eager to make a good beginning to their new careers. A man deeply fascinated by the law, versatile in its many and complex aspects, a legal scholar of the first order would reply to their edly be asked queries with startling perspicacity and incisiveness. Were Dr. Lenhoff not undertaking lecture and research tasks in Europe causing his absence for the first few days of the new semester (he is the recipient, by the way, of a small grant of the University of Buffalo Research Fund For Scientific Research in Europe), he DEAN HYMAN |sober fait must be that if doing ti dependent upon economic status. answer, the would gladly give this advice. With Baconian clarity the Doctor would first advise freshmen to read you are| their assignments thoroughly, understand every word exactly and follow the perspicuous logic of each case Xor recognize the shortcomings of a written opinion in this respect) precisely. He would emphasize the importance of a logical, substantial amount of out- side woflT you must bring better than average ability and more than average industry in order to succeed at school. Success at school, in the eyes of the Faculty, means more than achieving the rudiments of legal craftsmanship. This is a university law school, devoted to training for a profession. Both parts of this statement imply the necessity for refusing to stop with uncritical acceptance of the law as it is. Both imply critical and scholarly examination of the state of the law on its substantive and procedural sides and of the way in which it is serving the ideals of our society. The survival of those ideals can no longer be taken for granted. George Orwell, whose novel 1984 has grimly delineated the shape of a totalitarian world, declared in an essay published in 1940: "Almost certainly we are moving into an age of totalitarian dictatorships— an age in which freedom of deficiencies. thought will be at first a deadly If these things are done, your sin and later on a meaningless ablaw school work will be successful. straction. The autonomous individBut they take a lot of time; as the ual is going to be stamped out of courses are planned, preparation existence." We can hope that the for them is supposed to take your assurance of this prophecy is misfull time. If you are working long, guided. We cannot doubt the danregular hours outside, you may not ger. Certainly in such a time to be able to put the necessary time fail to consider the broader aspects and effort on your school work. of law in our society would be to We are sorry that we do not yet deny the liberal tradition of the have the answer to this problem, University of Buffalo andi the hisbecause vPe would prefer not to toric ideals of the American Bar. have professional training at all But until we have an The Student The Doctor Bar Association Were Dr. Arthur Lenhoff attendIn February of 1953 the Student ing the Orientation Program for Bar Association entered its second space to extend greetings, on behalf of the Faculty, to the First Year Class. Your first thoughts no doubt are concerned with the question of survival. It can be said with almost no qualification that your survival depends on you. There is, to be sure, something called legal aptitude. A very few students have so little of it that they never seem tomaster the legal approach to problems. At the other extreme, there are a very few students who have so much kindly given me that they respond almost instinctively to the legal approach, and law school work of a passable quality comes easily to them. It would be foolish for any of you to assume that you are in either of those classes. More than 90% of you can master the technique and <lo the work if you are willing to make the necessary effort. That effort involves several things. First, you will actually have to master and have at your command as much material as you ever have dealt with before. But that is only the start. You will have to learn it with a precision that most of you have not previously found necessary in your work. And you will have to learn to apply it critically, analytically, in the marginal areas. Most of the class work will be devoted to helping you master the latter two aspects of your training. Your success or failure will depend in no small degree on how conscientiously you prepare yourself for class, follow the discussion there even when you are not actually participating, and work over with ybur classmates the problems raised in class and in your books. If You do not know how to read precisely and to express yourself accurately, both orally and in writing, you will have to make up these Freshmen And DEAN'S WELCOME (Continued on page Two) syllogistic method of expression, consistency, clarity and conciseness being the marks of a good legal year of operation, and became established as a part of the Law School program. The S.B.A. is organized on a basis similar to the style adopted by the local units of the American Bar Association in order to acquaint students with the workings of that organization and firmly to give students practical experience for future legal careers. At the same time the S.B.A. provides a medium of student government. The governing body, the Board of Directors, is composed of four elected members from each class and a president elected by the entire student body. Numerous committees have been permanently established to facilitate the handling of the large variety of problems that arise in the course of student government. These committees present recommendations to the Board of Directors where they are considered and either adopted, modified, or rejected. Eacfunember of the student bodyis a member of at least one committee. Student Lecture Committee workman. Dr. Lenhoff would rapidly point out the necessity of writing well, an indispensable ability. In the writing of case abstracts The establishment of this comor "briefs" he would urge each mittee marked a new step in the student to write in his own word- arena of student activities. It has ing and phrasing the essential been assigned the task of presentpoints of each case read, and scorn ing a series of lectures during the unnecessary copying and superflu- school year embracing topics of ous quoting. Each case should be vital Interest to law students, for read prior to the class for which it which no room has been found in was assigned, and then re-read with the regular curriculum. Lack of particular attention after class dis- organization and failure to delecussion, on the same day if pos- gate responsibility made previous sible. Complete class notes are efforts in this direction short-lived important supplements to each until the SBA assumed the chore. The committee also arranges case abstract. Undoubtedly one of Dr. Lenhoff's the presentation of the James Mcfavorite aphorisms would meet the Cormick Mitchell lectures, a series Freshmen's ears, "Memory is not which each year brings outstanding understanding." And he would con- speakers from the legal world. tinue, "Understanding is reason- These lectures are financed from ing." He would remind the inquir- a trust fund established by Mrs. ing tyro of the law that the mere Livina Mitchell in memory of her insertion of a case in a case book husband. The administering comindicates at least a diversity of mittee, comprised by members of approach to the legal problems the local bar and the faculty, seinvolved; and he would follow this lects the speakers. The Student suggestion with a strong recom- Lecture Committee then arranges mendation to read the various the presentment and sponsors a deopinions of the judges sitting in lightful reception in his or her on the case. Extra work, yes, but, honor. The proposed scope of the comFRESHMEN AND THE DOCTOR mittee's activities demands that it (Continued on Page Two) be a large and willing group. �OPINION 2 CPINICN OF TUB UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-Chief Ward Smith Managing Editor J. A. Guzzetta News Editor James McFarland Junior Class Representative ...*. J..Radin Sally Peard Senior Representatives Norma Spezzano Student Co-ordinator Don Holzman , ~ .. Faculty Advisor Vol. s—No. 1 Editorial On this day when you will be much congratulated on your en- to^ Law "A student fascinated will go beyond ordinary preparation." Realizing as he does the value of various opinions on such complex matters as the law provides, Dr. Lenhoff would also suggest a reading syllabus for new students. As an introduction to the study of the School, copiously advised "on what constitutes the most efficacious method of operation for a law student and inundated by the well-wishes of your fellow students and professors, it would be superfluous, to say the least, for the OPINION to add to commendathis concatenation tion and comment its own list of Polonius etceteras. We shall, however, reiterate the challenge which faces all students today, everywhere. There are men in this and other countries occupied with the tragic profit and loss of war, with the economics of exhausted nations, with the social problems of torn communities, with the morbid sadness of families not together. These are not trite commentaries of pedestrian pessimism, but the weary facts of objective notes and comments. Now commencing its third year, and second volume, of publication, the Review this Autumn will contain the new Court of Appeals Section, an analysis of leading cases decided by New York's highest court in its 1951 Cardozo's Nature of Judicial Pro- term. Membership In, the Buffalo cess, and Holmes' Collected Legal Law Review is open to upper classPapers, particularly among them, men of high academic standing. Faculty advisor is Professor "The Path of the Law." These are a few of the valuable Summers. suggestions and recommendations I Dr. Lenhoff would make if he were here for your orientation day. The freshmen will meet him shortly, and fortunately receive direcßy Committee On Student Ethics the full value of Dr. Lenhoff's broad experience and deep backTwo years ago the newly formed ground in the law. The OPINION Committee on Student Ethics was suggests that it would behoove aliii directed to draft an honor system freshmen to heed his words, andjJplan which would dispense with proctors at law school examinafollow his example. tions. Proposals for an honor code —Jack A. Guzzetta and methods of student enforcement were accepted by the SBA Student and the system was used with some success during the June exCommittee—Opinion amination period. Actually, this constituted no sudThe Student Publications Committee concerns itself primarily den innovation. A de facto honor with the business of the OPINION. system had been in force during Plans for this publication call for many examinations prior to last its appearance once a month from June. The committee merely atSeptember through April. Its man- tempted to codify the system and agement is in the hands of students to provide certain minimum regufrom all classes, and is guided lations. by Professor Summers in the Predicated generally on integrity Publications observation. The condition of apathy which is born of dark fu- capacity of faculty advisor. In adtility in difficult times is some- dition to being distributed among thing like a heavy atmosphere, a the law students at the University cloud which, oddly enough) has of Buffalo and approximately 2,500 shaded even the student comfor- alumni, it goes on an exchange table in the security of educational basis to many other law schools. processes. And there has been This year the OPINION is inmuch criticism of this undeserved cluding as a special feature a sercomfort. ies of articles based on the relaOne of the major challenges of tion of law to education, religion, modern students is self-justifica- psychology, medicine, philosophy, tion. Assiduous application and sociology and other similar submature judgment during our re- jects written by persons well-versed prieve from difficult world probin those fields. lems, clarity of purpose during the It is likely, also, that the Student period of our education compose will be the essential outline of our de- Publications Committee faced with the job of advising the fense. Student Bar Association as to the —The Editor Social Committee feasibility of continuing to publish a law school yearbook. —Don Holzman The Social Committee, important to well-balanced student life, provides relaxation and establishes The newly created Job Placefriendly relations between students by arranging the law school's so- ment Committee will endeavor to cial functions and the individual fill a long felt need. It hopes to Class parties. Plans for the coming help both the Bar and the gradyear include receptions for distin- uate as well as render some assistguished speakers plus a variety of ance to second and third year studances, parties, and get togethers dents interested in part-time work —the climax of all being the Bar- clerking in law offices. Consult risters' Ball, an annual Spring af- your local bulletin board for job Job Placement fair. Association is the Buffalo Law Review, a legal periodical published twice annually by the students of the School of Law. The Review is composed of scholarly articles by eminent jurists and professors of law, book reviews, and student Prof. Summers law Dr. Lenhoff would recommend Bramble Bush by Carl Llewellyn. SEPT., 1953 For students whose interest increases, the "fascinated student," he would suggest Roscoe Pound's Spirit of the Common Law, Justice TO THE FRESHMEN, TO MAKE MUCH OF TIME... trance Freshmen and the Doctor BUFFALO LAW REVIEW 53-54 Moot Court (Continued from Page One) Program Continued Independent of the Student Bar offerings. and maturity of law students and on the ethical standards of the legal profession in particular, the honor system is seen as a logical phase of legal education. It permeates every facet of student life here, from the borrowing of books to the self-imposed quiet while reading them in the library. Like so many other terms that the freshman law student hears, "Moot Court" probably means little or nothing. A "moot" question in the law is merely one wliteh has not been decided and which need not be decided because of the nonexistence of any actual litigable facts which require its decision and settlement. In short, there is no need to decide the legal question presented by a given set of hypothetical facts although those facts are definitely controversial. "Moot Court," therefore, is a "court" presided over by junior and senior students which hears and decides "moot" questions presented and argued by freshman counsel. The primary purpose of the program is to give the freshmen, at the very outset of their legal ca- reers, the opportunity of organiz- ing legal material, writing appellate briefs, and presenting their legal points in oral argument. The ability to write a good brief from the standpoint of form, style, and legal content on either side of a controversy, to affluently present and support the positions taken in the brief before an appellate court, and to anticipate and rebut the arguments of his adversaries is the "sine quo non" of a successful lawyer. Indigent Prisoner Program The IPP is a student activity previously under the able guidance of Professor Charles. Webster, who instituted the program here three years ago. Accused persons financially unable to retain counsel for their defense are assigned counDean's Welcome sel by the Court. A member of the (Continued from Page One) bar is appointed to conduct the deThese general observations may fense, usually without a fee. The Indigent Prisoner Committee then help you to overcome more quickly appoints one or two students to the inevitable early confusion of work on the case with this attorLaw School. ney. The participation of the stuThe Faculty welcomes you with dent may include such things as confidence that once the initial interviewing the defendant, finding confusion is overcome, your experiand interviewing possible witence here will be pleasurable. nesses, assisting the attorney in —Dean Jacob D. Hyinuii gathering other evidence and aiding in the legal research involved. Comments from students, attorneys and even the Bench show that Revision Committee the program is a success. The results of this work have been faUnder the Constitution of the vorable in that the prisoner beneStudent Bar, amendments may be fits by increased effort in his beproposed by this Committee, or by half; the defense attorney's work petition of one fourth of the stu- is alleviated by the assistance he dent body, and become effective receives; and the student gains inwhen ratified by two thirds of that valuable experience by direct contact with an actual case. body. Constitutional � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1953-09-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 5 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/1/1953 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0d12eea608ebe8908ff9d53224d121e7.pdf 8e14c16bfe177a0d8b23b4671214a070 PDF Text Text Best Wishes for a HAPPY HOLIDAY Vol. 4—No. 3 UNIVERSITY OF BUFFALO LAW SCHOOL OPINION December, 1952 Law And Psychiatry HAROLD P. GRASER, M.D. in spite 01 an increasing interest in me law by psychiatrists, lawyers tend to view psychiatry with some suspicion. In the By American Journal of Psychiatry for August 1952, Dr. Zigmund Lebensohn, Associate Professor of Psychiatry at Georgetown University, finds that young lawyers seem to regard psychiatrists as either (a) overextending themselves to keep allegedly guilty Individuals out of prison on grounds of mental illness or (b) conspiring to keep patients indefinitely in mental hospitals < against their will. In the same article, he cites a Buffalo Law Review Features New Section survey prepared by Elmo Roper for the City of Louisville and ColThe current issue of the Buffalo lier's magazine. To quote: "Nearly twenty-five per cent of the Law Review, released earlier this lawyers proposed punitive treat- week, features a new section that ment for the juvenile delinquent should prove of special interest to in preference to either psychiatric all readers. It consists of a well attention or the change of environ- organized report and analysis of ment he would get by joining a cases heard at the 1951-52 term of boy's club. More than forty per the New York Court of Appeals. Also included in the Issue are a cent of them voted against the proposition that it is worthwhile to lead article on labor arbitration by get a psychiatrist's help when Professor Clyde Summers, and consomeone begins to act strangely." tributions from Professor Frank Lloyd Paul This attitude is probably so wide- of Yale and from spread because ordinarily lawyers Stryker, New York's great trial see different kinds of people from lawyer. On this year's Board of Editors those who usually consult a psyare: H. Bradford, N. Farmelo, R. chiatrist. We may conveniently di- Halpern, D. Roach, M. Schaus, and vide into three broad groups those Thompson. people who cannot get along satis- R. factorily in society: Those persons who are too rebellious and unwilling to modify their needs or de- Law School Frolic sires for the good of others—these are people with deficient inner control who most frequently become involved with the law; those persons who are too passive and become "doormats" to the extent that their own welfare is seriously jeopardized; and those persons who Draws Large Throng An enthusiastic gathering of the student body and faculty took place at Washington Hall on Saturday, December 13 to participate in another successful Law School Frolic. While it is not known for are so frightened of others that certain, it is believed that this was they withdraw from contact with the 34th such annual function. The evening was the world to the extent that their "our own student highlighted by floor show" welfare is jeopardized. The first headed by Tony Duro plus smooth group "takes out" its "sickness" on society, the other groups "take dance music and free beverages. it out" on themselves. The "door- Primarily responsible for the sucmat" and withdrawn types are cess of the affair were co-chairCuomo and Ronne usually referred to a psychiatrist men Frank were Kobis. They aided by Anwhen their adjustment becomes thony DeMarie, Don Holzman, untenable; it is then his task to help these people assert their own Richard Kreiger, and Frank Nicosia who organized ticket sales just rights, to deal more aggrespublicity among the social sively with people, and In general and in their respective to help them be less afraid of au- committees thority. A lawyer who is aware of I Iclasses. this particular therapeutic goal and knows that the psychiatrist Opinion considers the criminal also a sick In reply to many inquiries— person, may well jump to the conclusion that similar therapy would I Students desiring to write for the OPINION are requested to contact the editor for assignments or furLAW AND PSYCHIATRY (Continued on Page Three) ther information. Yearbook S. B. A. Elections Staff Is Over At Last! Organized John "Bud" Millane is the new The Yearbook Division of the Student Publications Committee has been organized with the following persons participating: Coordinator, Don Holzman; Business Manager, Norman Kuehnel; Treasurer, James Walsh; Sales, Edward Baco; Advertising, Ken DeGasper, James Deinzer, John Guzzetta, Joseph Long, Victor Marr, Ronald Schwartz; Patrons, Lee Benice, Joseph Kihl, Anne Mack, James Tippett; Editorials, Write-up and Lay-out, John Cahill, John Cooney, William Kneeland, Patricia Kowalski, Leonard Doodry; Pro- of the S.B.A. of the University of Buffalo School of Law. This result was finally atpresident tained after three elections took place — each seeking a majority candidate. The" results of the first balloting limited the contestants to two; the second election resulted in a tie; and the outcome of the last one is expressed above.' Mr. Millane was formerly a psychology major at the University of Buffalo. At the same time the presidency was being determined the following persons were elected to the Board of Directors from the Junior class. The listing includes their pre-legal training and its source. gram and Scheduling, Mario Pa- Don Holzman, U.B. (Economics); eelli, Barbara Sims; Photography, Laski, Holy Cross (EcojRudy DeFazio, Lester Goodchild, Frank nomics); James McFarland, Canisius (English); Herbert Wieck| Jerry Radin. project This is the first endeavor mann, Canisius (History and Govon the part of the law school to ernment). produce such a publication. More The successful Freshman candidetails will be released soon. dates were: John Cooney, Canisius (English); John Guzetta, Wesleyan (English); James O'Brien, Canisius (Economics); and Ronald Schwartz, Canisius (English). Is The new board will be installed The following procedure for sub- on Monday, February 9, 1953. James Biggie, Charles Desmond, mitting and acting upon student grievances has been set up by the Neil Farmelo, and Ctanley Grossgrievance committee and approved man are the\members of the board by the Board of Directors of the from the Senior class who retain their positions through the next Student Bar Association. 1. All grievances must be in semester. writing and signed by the party aggrieved. The name of thesubmitBar Ass'n ting party will not be used, unless it becomes necessary to do so in Changes the discretion of the grievance committee, in which event, the The Constitutional Revision Comsubmitting party waives the right mittee proposed the following not to have his name used. amendment to the S.B.A. Consti2. All grievances will be sub- tution which was accepted by a mitted by leaving them in the box vote of 248 to 34 on December 11. provided for this purpose. (The box "Article VI §9 is hereby amended is attached to the bulletin board in by striking out the word 'outthe hallway approaching the stu- going' wherever it appears therein." dent lounge.) 3. The chairman of the grievThe above section will now read: ance committee will assign three "The (outgoing) officers shall be the committee members to each griev- Committee on Committees and the ance. (One from each class—Fresh- (outgoing) President shall be chairman, Junior, and Senior.) The man of the committee." three committee members assigned Such amendment was considered will use their discretion in settling necessary in order for a Comthe particular grievance. mittee on Committees to be in 4. The grievance committee existence when school convenes will give the Student Bar Associa- each September, the committee tion notice of any major grievance having formerly consisted of senisubmitted to it before the griev- ors who left school the preceding ance committee will take action. May. Grievance Procedure Outlined Student Constitution * �OPINION 2 II INHN Behind The Scenes OF THE UNIVERSITY OF BUFFALO UW SCHOOL Editor-in-Chief Don Holzman Managing Editor David Mix Business Manager Stanley Grossman Copy Editor Lee Benice Junior Class Representative Norma Spezzano Freshman Class Representatives John Guzzetta, Franklin Pack, Jerry Radin. Advertising Manager Aaron Goldfarb Secretary Ann Skulicz Typists Sally Peard, Norma Spezzano. Circulation Manager...Herman Ginsburg Benice, Cooney, Circulation Staff DeFazio, Deinzer, Delorio, Frizzell, — — — Guzzetta, Kratzer, Lenard, Lindgren, Pacelli, Quagliana, Rumizen, Schwartz, Sullivan, Telesca. Faculty Advisor. Charles Webster Vol. 4—No. 3 December, 1952 AN OPINION The morale of the student body at the Law School is in a state of deterioration, according to various reports heard on several occa- sions during the past few weeks. Numerous reasons have been given to substantiate these reports. Yet little seems to be done to deal with the situation. One such instance which has been of much concern to many of the students is the condition to which the student lounge has disintegrated. Respect is indeed lacking for premises and individuals alike. The militant minority has fostered its ideas of rest and recreation on the apathetic majority. The student is relegated to a position along one of the four walls in order to take the nourishment necessary to carry him through the afternoon. The problem is one which the student government can well control. Some sort of separation of cafe from cafeteria would alleviate the difficulty somewhat. The answer lies with the representatives of the Student Bar Association. But let not the faculty and administration be lulled into a sense of false security. Students attend school for a relatively short time. The students may leave, but the morale and reputation remains behind. Mario A. Pacelli Juniors Continue To Set Social Pace StuCdherisnmaCarrell DR. ARTHUR LENHOFF "Under a quiet lamp, free from din and clamor, the scholar reads on and turns silently the pages of old books." In much the same setting, we found Dr. Arthur Lenhoff engrossed in his life's work—the law. The purpose of the visit?—to bring up to date information on the Doctor's most rec&t scholastic activities. * To begin with, Dr. Lenhoff has been invited by the government to deliver a y series of talks on jurisprudential topics for broadcast abroad on "The Voice of America." Together with Mr. Summers, the I Doctor is contributor and coauthor of a forthcoming book, Labor Relations and The Law. The section on comparative law was personally written by Dr. Lenhoff while Mr. Summers is responsible for the section on labor disputes. Early estimates of the book attest To to its high-content value. judge by this, the book will undoubtedly be widely accepted in the profession. Another project of note is Dr. Lenhoff's recent article, "Corruption: A Study in Legislative Sanction" which will be published by the "Indian Law Review." Not content to rest on past accomplishments, the Doctor is Europe-bound this summer primarily to do research for a book dealing with international law. While abroad, Dr. Lenhoff will participate, on invitation, in the Congress of Teachers of Civil Procedure in Vienna. The following year, Dr. Lenhoff will attend the Fourth Congress of Comparative Law in London. The Doctor was a general reporter for the Third Congress where he read a paper on the "Right to Work: Here and Abroad." ALBERT R. MUGEL It is a well worn psychological principle, a man's character is the mere reflection of his past and present experiences. Since we, as students, meet men of great legal "know how" each and every day, we should be interested in the experiences of these men so we may acquire the necessary knowledge and abilities these men, our instructors, are so well known to possess. Mr. Albert R. Mugel is one of the teachers on whom we shall focus our attention. Although a part of the past few years were spent as a tank company commander in Korea, Mr. Mugel has gotten back into the swing of his career in high gear. Between speaking before various clubs on the subject of the Korean situation and working on the Republican committee on research Into the Korean crisis, Mr. Mugel continues in his positions of Secre- first After the success of their class party, the Juniors organized another social affair Novemequally ber 22 which proved to be successful. This time the "40 & 8 Bryant Club" at Delaware and provided gay surroundings for the law students and their guests. For dancing there was the music of Lenny Galman and his combo; for refreshments, beer and soft drinks. The whole evening was designed to push school work to the background and let everyone "live It up a little." The committee's efforts tary-Treasurer of the Law School Alumni Association and chairman were rewarded. of the Erie County Bar Associa—Norma Spezzano "Back Assignments—Now or Never?" tion's commission on Taxation. In this latter capacity, he has taken an active interest in the commission's attempt to get a reversal of the court's position in the case of Coughlin vs. Commissioner where it held the cost of attendance at the N.Y.U. Annual Tax Institute to be non deductible on the grounds that it is a personal educational expense rather than a business expense. Professor Mugel is also working on the public service series on radio and TV called, "The Lawyer and You." Although also assailing the task of writing an article for the Law Review on the new Uniform Military Code, he has found time to make plans for a possible seminar in Military law so as to aid those students who expect to enter the armed forces to get into the Judge Advocate's Department. — Jerry Radin next semester's course on labor law. As a lawyer his most interesting case in the past several months was tried in Federal Court and is now on appeal before the Court of Appeals, Second Circuit. The issue involved was the constitutionality of the prosecution's using secret F.8.1, reports in conscientious objector cases. A recent second circuit ruling has declared such a practice to be unconstitutional. In addition to his capacity as a labor arbitrator, Mr. Summers has taught labor law extensively in this section of the state, including courses sponsored by the New York State School for Industrial and Labor Relations and a course on Workmen's Compensation for auto worker's in Fredonia. In his spare time(?) he works around the house and prides himself on his gardening and carpentry ability. An active summer was highlighted in September with the birth of his second child, a CLYDE W. SUMMERS daughter. The extra-curricula hours of Professor Clyde Summers are spent in the application of various, tal- ented endeavors. The author side of his character will be made manifest twice withih the next few months. This semester's edition of the "Buffalo Law Review" will unveil his article on "Judicial Review of Labor Arbitration" or "Alice Through the Looking Glass." At present he is proof reading galleys for the book "Labor Law, Cases and Materials" of which he is one of the authors. The book will be introduced in — Franklin Pack MERRY CHRISTMAS AND HAPPY NEW YEAR! . The AVENUE GRILL .. FOR FINE FOODS TELEVISION COCKTAILS 70 DELAWARE AVENUE Buffalo, N. Y. WA 8914 Across from B. A. C. �OPINION Law And Psychiatry (Continued from Page One) be given to the rebellious type, and that the already uncontrollable in- dividual would only be encouraged further to exploit his fellow man. When the psychiatrist has the op- portunity to treat such rebellious people his therapeutic task is obviously the opposite vs. white concept of guilty or innocent remains. In psychiatry it is universally agreed that there are an infinite number of degrees between very sick and very well, and an individual may move through a wide range on the scale in the space qf a day, or a year, or a lifetime. Thus the psychiatrist cannot easily orient himself to the sharp "yes or no" of the law. of that before mentioned, for this patient must Semantics, too, help to confuse learn to modify his unrealistic idea us. The person labeled a recidivist of his rights, must learn to be less by a lawyer is probably labeled a aggressive, and must learn to have psychopathic personality (not inmore respect for rational author- sane) by a psychiatrist. Those who '■ have ity. sufficient trouble getting Thus Law and Psychiatry are along with society (so that they] fundamentally concerned with the violate laws) are labeled criminal sarat problem, that is, helping peo- by the law. Psychiatry calls them ple to get along with one another. sick. Unfortunately the label is ofThe law deals primarily with ex- ten of much more than academic ternal controls and psychiatry with interest, for on the label depends internal controls, though obviously the disposition of the individual, there is an overlapping (and thus whether the criminal (sick) person an opportunity for each to contrib- goes to prison or receives psychiatute to the other in an attempt to ric treatment may depend entirely reach their common goal of help- on who gets there first to attach ing people to get along together. the label. Clients or patients usuPsychiatry attempts to study the ally contact law or psychiatry only patterns of human development after adjustment to life has broksuitable for group living and Law en down and the failures of both attempts to formulate rules which professions are remarkably singuwill best regulate group living. lar in their final disposition the However, the different means fourth offender receives a life senused in the effort to reach the tence in prison while the failure common end quite expectedly re- of psychiatric therapy provides an sults in certain philosophical dis- involuntary occupant for a mental similarities, so much so that some hospital for life. physchiatrists and lawyers feel no Both the "deterrent effect o£ the collaboration is possible. I believe law" and the therapeutic effect of the basic problem can be simply psychiatry have limitations. Since stated though not so simply solved. the original disposition of the probIn the law, a person is guilty or in- lem may be the deciding factor in nocent—a contract is valid or inrehabilitation, a better liaison bevalid. True, a jury may decide, tween law and psychiatry will cer—'tor example, between first degree tainly decrease the number who and second degree murder,' and a are permanently damaged by their judge has a certain latitude in sen- first (detected) breakdown in hutencing, but of necessity the black man relations. So many espouse the course of rehabilitation of the < > <:r=:> ° /7"» >"< >"< >"< >"< '?l criminal that this would seem not J to be a controversial area; however, again because of difference in methods, the psychiatrist ofen feels this very aim of rehabilitation is I — >Q 0 0 Monroe 0 o Abstract i & Title Corporation 2 actively defeated by certain punitive methods. For example, in the 1 TAX and TITLE § SEARCHES I 0 TITLE INSURANCE U 1 (j CL 0737 V'x —Mil | 8 93 FRANKLIN ST.Q >»<—-*n<— —mm case of the narcotic addict, the federal government provides a prison-hospital, recognizing that mere detention would only be an endlessly repititious process If something were not done to cure the addiction. For a time the period of detention was set by the court in accordance with the law or the judges opinion of the "crime." It all too frequently happened that an individual was re- leased long before his addiction was successfully treated or detained needlessly (from a medical view) after treatment was terminof detention r>o<— —EQC7 ated. Now the length THE STUDENT LUNCH COUNTER "Good Food at Reasonable Prices" Open Daily 8-2 Law School Lounge Mrs. Ann Murphy, hostess Lester Goodchild, Mgr. 3 is the responsibility of the medical service with some concomitant increase in successful therapy. The sex offender laws now in force in some states allow for this same sort of indeterminate sen- journal "Psychiatry" suggests that the lawyer is frequently in a posi- tion to relieve the fears and anxieties of his clients. His ability to do this in the initial interview may not only determine whether the tence. Psychiatry recognizes that client engages the lawyer but may sexual deviations are a result of so set the client's mental attitude mental aberations which may be as to influence the final outcome slight or great, may be dangerous of the case. It is noted in this edito others or quite harmless, and torial that the real danger in litifrequently may be altered by gation is not the adversary but the treatment. The same deviant sex- client. How well the attorney can ual acts may result from very dif- communicate with his client so as ferent personality problems. Giv- to reconstruct * accurately the ing a similar sentence for a similar events in question and how well "crime" may result in early release the attorney can inspire confidence of a seriously dangerous person or so as to have a relatively calm in undue permanent damage to a and, therefore, well functioning client may be crucial factors in potentially useful citizen. his case. This can only be accomThe responsibility thus thrust plished by a correct appraisal of upon the psychiatrist is great, in- the personality of the client. This asmuch as it is he who determines initial "legal-psychiatric" interwhen the individual is improved to view that lawyers have with clisuch an extent that he may be re- ents may well be the clearest example of how psychiatric awareleased. A greater problem than this ness can be of help to lawyer and responsibility or the fact that un- client. der this system we actually have a In view of this common social 'rule of men' rather than a Jrule of end for which Law and Psychiatry law,' is the increased difficulty of are striving, society would be the the very process of therapy by this ultimate benefactor if there could added authority. It is quite gen- be a closer coordination between erally agreed the psychotherapy legal and psychiatric thinking. can be successful only if entered j into voluntarily. The therapeuticI situation should be one whereinI the patient feels free to express all of his thoughts, perhaps especially thoughts of an anti-social or "bad" type. The patient with an awareness that his psychiatrist ultimately will have a deciding voice in determining his release date may have much more interest in concealing than in revealing and thus preclude successful therapy. In this country, our experience in treating people by force, (e.g., on parole with the requirement to report for psychiatric treatment) has been rather limited. Usually such people report as directed but have no interest in getting help, only an interest in eventually getting off Denmark, however, where there has been a fairly large experience in treating people committed for an indeterminate period, this experience has shown that after an initial period of resistance to treatment and a feeling of hopelessness about the indeterminate sentence, many people come to re- parole. In alize that by actively cooperating in their treatment they not only can be released but can face the world more adequately. In the institutions where this/type of program is carried out, there must necessarily be a much larger ratio of personnel to inmates than is usual in an ordinary prison or public mental hospital. There is some evidence to indicate that money spent for adequate personnel to provide intensive early treatment is ultimately a saving in that it results in greater success in rehabilitation. ~rrr-Nclosing, it might be pointed out that the psychiatrist is not providing psychotherapeualone tic help/. A recent editorial in the in] PROFESSIONAL P PROCESS SERVICE at NEW LOCATION 515 WHITE BLDG | Buffalo 3, N. Y. Bookstore now Mo. 9697 has: Roertschaeffer on Constitutional Law Prosser on Torts Prashker on Practice Bogert on Trusts 'Goodrich on Conflicts Richardson on Evidence • Legal line fillers • Your Student Book Store j*.jSaves You Money Hours Posted �OPINION 4 Book Review BEYOND THE HIGH HIMALAYAS, By William O. Douglas, Doubleday & Co., Inc., N. V., 1952. many impressive about Associate Justice Douglas' book Beyond The High Himalayas. His accounts of spectacular mountain scenes, the narrow defiles and treacherous passes adventurously traversed by his small party, his recalcitrant and none too sure-footed mule are written with genuine understandThere are things convincing description. impoverished condition of much of Central Asia, the mys- and ing The teries of Eastern culture, the mag- netic simplicity of traditional songs, the pulsating primitiveness of the dances and the curious spiritualism of a civilization "darkly seen" are related by a man who has immersed himself in a life Americans rarely think about, much less understand. A rather famous professor of the social sciences once remarked that if you want to find out something about the social sciences, don't go to a text book. Go to the accounts of a sensitive man who has lived among sensitive people and read carefully what he has written. Upon this view, William Douglas' book comes highly recommended. The sheer adventure of two hundred miles of the ever-rising Himalayas with peaks of over twenty-five thousand feet, the intrinsic excitement of a journey which is strangely romantic, doors. Rather the travails of the mountain trek set the scene and acclimatize the reader, as it were, for an understanding of the purpose of these poignantly written impressions of an impoverished "world" profoundly affecting two other "worlds" verging on unprecedented conflict. The northern stretch of India and the outposts of Pakistan adjacent to the Karakorams are the boundaries of Central Asia which form one world; to the north is the world of Communism; and the bustling, merrygo-round of activity to west is the signification of still a third world. The underlying theme of this book is the interplay among these three worlds; and its purpose is to effect some beginning in the necessary project of understanding the people of the Asiatic world. By lc Paid BUFFALO, N. Y. Permit No. 311 living with the men who his traveling party, Communist Russia, and conse- policy in Asia and an urgent prayer that we amend. their gur gur cha (tea quently used as a tool for the fur—JOHN «UZZKTTA mixed with rancid yak butter), therance of Russian Imperialism, is and that only logical it natural food, barely eating their sufficient CROTTY'S PEACE PIPE treating their headaches and blis- his suggested solution to vital probters with his medical kit, bargain- lems facing America in respect to BAR & LOUNGE ing with their problems with only j Central Asia is what it is: an inLUNCHEONS program means with which tense of recontheyj political, the scant bargained, Justice Douglas began struction tied to the peasants, not 47 NIAGARA ST. BUFFALO N. Y. to acquaint himself with the men the politicians. "Teams of experts of Asia. Their common dangers should go and live in the villages, comprised drinking and amusements developed into a growth of understanding. His stay at the Buddhist monastery familiarized the Justice with the profound importance of the religion of Asia; for the Moslems, Hindus, and Buddhists of his party and conscientiously practiced their spiritualism every inch of the dangerous jourterrifyingly awesome, physically ney. Prayer flags and mani walls challenging is, however intriguing were viewed with more than curithe Judge who encounto the "rugged outdoorsman" osity by reader, but a background to Jus- tered the treachery of a rain pertice Douglas' chronicles. Conse- swept mountain path and the quently, although almost half the ils of an icy ledge. And from these experiences with book is primarily descriptive of the people of Central Asia, knowthe breathless topography of Central Asia, it is to be doubted that ing of the feudal oppression under it will be enthusiastically embraced which they live, the ignorance and by that admirably healthy segment superstition of the status quo situof the reading public devoted to ation in that "world" so precipitreatises on the great out-of- tiously close to being engulfed by Simplifying 54.66 P L & R U. 8. POSTAGE Sec. freely discussed .... Speeding .... become a part of that life, and show by precept and example how a standard of living can be raised overnight." This action, not millions to the overlords from which little if any sifts down to the tre- mendous population, but thousands directly to the peasants in the form of machinery and "know-( how," and understanding and affection will recoup much of our lost prestige in Asis. More than this, it can "seal the Russian border as well—seal it tight against political infiltration." The raising of the standard of living and the spreading of democratic ideas of freedom rather than mechanical methods of exploitation in Central Asia will become the most powerful forces stemming the tide of Communism in the world. In the highest sense, Justice Douglas' book Is a critique of our previous MARIE'S RESTAURANT "FOOD AS YOU LIKE IT" HOME COOKED MEALS 68 DELAWARE AYE new EAGLE L Hourt: 7 A. M.-6 P. M. For Prompt & Efficient Service HANNON Real Estate Co. Real Estate and Insurance John P. Hannon office FA 3914 DENNIS & CO. Inc. Safeguarding.... Publishers & Dealers YOUR REAL ESTATE TRANSACTIONS OF Abstract & Title Insurance Corp. Law Books 110 Franlclin Street, Buffalo, N. Y. Rochester, N. Y. Lockport, N. Y. 809 Abbott Rd. Buffalo, N. Y. DENNIS BUILDING 251 MAIN ST. BUFFALO. 3, N. Y. p. Phoi» r , ff*°» ffi? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1952-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 4 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1952 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5200a9bdf3724bb6ca08401d4e3fb995.pdf e6bb1c1d3b903b49c5fba8569abae877 PDF Text Text COMING — CHRISTMAS FROLIC Vol. 4—No. 2 UNIVERSITY OF BUFFALO LAW SCHOOL OPINION November, 1952 Religion And Law Fleischman Speaks REVEREND FRED M. WEBBER I am glad for the opportunity given me by the Editor to discuss the relation between religion and law. That relation is close enough that neither the clergy nor the legal profession can be said to be fully prepared without having some appreciation of it. Space limitations here, however, dictate that I merely touch briefly on a few of the most important highlights. I. Common Origin Law and religion originated toAutumn Classroom gether. The records are so scant, and what we have are so confused, Stretch, yawn, out of the sack; that it would be easy for either Gulp your coffee, bolt your snack. profession to claim priority of origin. For example, the principle of Into the classroom half awake; tabu, so common to all primitive Unprepared—sit and quake! cultures including that reflected in the Old Testament of our Hebrew- Zip and snap, shuffle and clack; Christian tradition, has elements Phlegm and mucous, cough and of both law and religion; and the hack. A Layman Views The Jury System At Student Luncheon Sam Fleischman, well known Long standing human instituarea criminal lawyer, was the first tions are of necessity considered guest speaker to be presented by infallible, and man is prone to the Student Luncheon Committee criticize and suggest substitutions for the '52-53 law school year.! or alterations. Yet it is only The luncheon was held at Leon- through criticism and change that ardo's Restaurant on October 30. the flaws existing things are The major portion of Mr. pointed outinand progress accomis Fleisehman's speech dealt with plished. practical advice in handling a Among our basic institutions it is criminal case from the moment probable that we take none as the prisoner contacts the attorney; to the time the case is appealed. much for granted as our jury system. Trial by jury has always been The following serve as brief indications of the main points which a hallowed part of our heritage and its Tightness is so universally were under discussion. accepted in this country that one The importance of an early who assumes to find fault with it prisoner-attorney relationship was is bound to encounter astonishstressed—the object being to pre- ment and opposition. vent the prisoner from saying any- coming exceedingly Yet it is beclear to an thing incriminating while in a increasing number of legal scholpre-suppositions with which we confused state. If the attorney ars that the jury system start may well determine the rela- Barrage of questions—timid re- believes his client to be truthfully has outgrown its usefulness and looms totive importance we assign to each. plies; innocent, he should place him be- day as an anachronism. Tabu is a word of Polynesian or- If you don't know guess—sounds fore the grand jury in an attempt If a surgeon were to call in igin, referring to those things to get a "no-bill." This would save just as wise! which were "marked off1 to prethe prisoner the stigma and strain twelve men, untrained in surgery, give them an hour's talk on the invent contact with them, because through, lose all track; of a public trial. of penalties of a supernatural na- Half way Concerning the actual trial, it struments used in appendectomies, cough and hack. Sneeze, blow, and then let them remove a pature which would result from such is the opinion of Mr. Fleischman contact. 1 Although in many cases that the attorney cannot distin- tient's inners, we would be apSentences meaningless through guish between a palled. Yet similar operations on the distinction is clear, there is in favorable or unscarlet proboscis; every primitive culture a wide favorable juror by studying faces. men's legal rights are performed All delirium over vs. in Sneed range of tabus where it is difficult Lawyers' feelings vary a great every day by juries, "twelve sancHodgkiss. tified guessers" entrusted with the if not impossible to draw a sharp deal re this subject. Also, since use of legal rules which lawyers line between religious and civil the appellate court can only judge life; and it seems clear that no Constant intrusions by those who the trial below by examining the and judges understand only after long specialized training. come late; such distinction was ever intended. record, it is important tp take Originally the jury system was Religious and civil life were one "Is that the law in this here exception whenever the attorney's state?" and the same thing. motions are denied by the trial a very necessary protection against encroachments by judges and sovcourt. Both an inkling as to the earlier ereigns, as well as a trier of facts. In addition, Mr. Fleischman said situation, and an insight into the Though contract or tort may be as much as Missouri anyone's forte, process by which the two areas of he considered as unwise the prac- However, Harry likes to fume, no reasonable When it comes to advice let tice of attempting to give off- person life became separated, are provided me say hand opinions to clients seeking power. worries about tyrannical in a story preserved in the 18th Also, while cases of graft chapter of the Book of Exodus, Stay away from the guy with the advice. In conclusion the much watery eye appreciated guest speaker an- coercion, and undue influence conThere are some interesting points tinue to taint our public officials, Who gives all his germs swered student posed questions. of difference between this account cases of scandal and corruption away! —Aaron Goldfarb and those in Numbers 2 and Deuare exceedingly rare in our judi—Dave Mix teronomy;' but these differences ciary. revolve mainly around the quesLoss The jury trial Is no longer under tion as to whether Moses set up a the joint responsibility of judge civil organization on his own initiaThrough the generosity of Mr. and jury but has become a game tive or at the suggestion of his faRobert I. Millonzi, now a part- between lawyers with the judge as ther-in-law, Jethro. The Indigent Prisoner Program time member of the Law School umpire. Often In all the accounts, the following group had a very busy summer Faculty and leader of the Senior yers, trained the judge and lawfacts are made clear: a. Moses, as schedule with some twenty differ- Seminar in Corporate Finance, the a witness haslisteners, forget what said on the stand a priest-judge, decided all the ques- ent cases on,its agenda. Under program of the SBA Lecture Com- day or two tions that the people had, basing the temporary chairmanship of mittee has been given consider- jurors to earlier, yet we expect remember evidence in his answer always on what he re- Neil Far^nelo, the following stu- able impetus. Mr. Millonzi has long trials. Not until all the evigarded as God's revelation. (Note dents took an active part in the personally arranged to bring to dence is in does the judge, by his that when Moses says the people program since last May: J. Adner, the Law School several of his forinstructions, let the jurors know come to him to "inquire of God" A. Ben,, J. J. Callahan, A. Chille, mer associates on the SEC as well the issues, what they should have he does not mean that they ask T. Conkdine, I. Davis, K. De- as leading figures from the finan- listened Moreover the intelhim "about God;" they come rath- Gasped M. Gambacorta, J. Hartz- cial world, and through the SBA lectual /or. of the average jury er, asking Moses to ask God for the berg, S. Peard, M. Salmon, M. Committee they will be presented, is low. caliber No educational qualiflcatSiegel, V. Silverstein, and P. RELIGION AND LAW Vinolus. LOSS LECTURE A LAYMAN VIEWS (Continued on Page Three) (Continued on Page Four) —Ann Skulk* (Continued on page Two) ; .. . Indigent Prisoner News Lecture �2 OPINION OPINION OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-Chief Don Holzman Managing Editor David Mix Business Manager Stanley Grossman Copy Editor Lee Benice Junior Class Representative Norma Spezzano Freshman Class Representatives John Guzzetta, Franklin Pack, Jerry Radin. Advertising Manager Aaron Goldfarb Ann Skulicz Secretary Sally Peard. Norma SpezTypists zano. Benice, Cooney, DeCirculation Fazio, Deinzer, Delorio, FrizzelL Ginsbur£, Gumniski, Guzzetta. Kratzer, Lenard, Lindgren, PaeelH. Quagliana. Rumizen, Schwartz, Sullivan, Telesca. — —- — Faculty Advisor Vol. .....Charles Webster November, 1952 4—No. 2 Editorial: A Challenge ... We must not lose sight of the fact that the study and successful application of the law requires more than "book" knowledge alone. The student preparing for a life in the law should be conscious of himself as a human being, and, even more so, he should realize that those with whom he deals are human beings also. Basic and legal theories are essential tools for legal work, but without the additional tool of understanding people and their problems one may be literally helpless and useless. The career of a law student, because of the intense amount of study required,,jnay seem to allow for nothing more than a good academic education. However, we are fortunate in being in a school where extra-curricular activities are encouraged, their value being realized. Opportunities galore are open to those who will take only a small amount of time to investigate and participate. The practical knowledge gained and additional acquaintances made will more than compensate for the time spent. In this manner we will obtain the additional tool. But—unless we do take an interest; unless we do participate this potential gain will be lost. Not only will the nonprinciples < — Frosh Party One of the more harmonious efThis is the first formal opporfects following the spectral clamor tunity we students have had to of Halloween and just preceding express our appreciation to Nick the strident whoops of political Delgato for the free use of a new victory, evolved from the Fresh- television set during the World man Dance held at the John Max- Series—thanks Nick! well Post the first eyening of * Equally belated are our conNovember. •* gratulations to ** ... ... Alumni Footnotes During the last two years, the Alumni Association of the University of Buffalo School of Law has been very active in assisting the student body and the faculty of the Law School. at that time. ** * For the benefit of those whose names we omitted from our Orientation Day issue, and who like to see their names in print: Betty Freer; Kathy Hendler; Joanne Todd! ... In conjunction with the Bar Association, the Alumni Association Query for the month "Who has sponsored the annual sym- would recognize 'John' hatless?" posia conducted for the benefit of —Dave Mix the graduating class by further introducing the class members to the practice of law. It has also contributed financially to the Law School publications the "Opin- — student. The student body and the Alumni Association express sincere appreciation to Mr. Albert R. Mugel, the secretary-treasurer of the which to work. Only then will the Association, and Mr. Charles W. over this posibenefits be reaped. Only/then will Webster, who took we graduate not just asVlawyers,- tion when Mr. Mugel was recalled energetic and but as practical human beings. Let to service—for their able services rendered. this be a.challenge to you. —Jerry Radin Don Hoiwruui — Jerry Hartzberg Ninety-six young men and lawon the first annual golf dies danced, promenaded, and who tournament sponsored by one or talked to the euphonic accompaniSBA. ment of a three piece, unidentified the other committees of the *■ but quite adequate "live" band. Research for the course in legal The evening was sparkedl by several encores of what in former bib. has been conducted with a days was called "jitter-bug" music, minimum of confusion and disto which a few of the class im- turbance. This is a reflection upon aginatively performed the appro- either the high quality instrucpriate maneuvers, thereby evinc- tion the Freshmen are receiving ing a firm understanding of the or the adeptness of many to get the assignments from a quietly i law of equilibrium and a penchant industrious few. for exercise. Along the same vein, critical commentaries on a dance held just above by a neighboring Les Goodchild's breakfast nook gymnastics class took up any con- and luncheon cranny has addiversational lags occurring among tional capital improvements, viz., the more technically minded pres- refrigerator, meat slicer, roast beef and Norma (sales have ent. soared) Spezzano. Hostess Ann Messrs. Albano, Bertell, Breen, DeMarie, Flynn, Galbo, Kaminsky, Murphy announced late today that Kane, Muse, Pellerite, Randaccio, a variety of salads and a coffee and Rasinski were responsible for urn will be added to the already the successful evening during elaborate menu of goodies. which freshman shook hands with We have it from special sources freshman, each having previously thought the other a senior, young that the accomplished organist in instructor, or derelict engineering Conflicts has been auditioned to sound fanfares at the January instudent. —John Guzzetta auguration of the President, rehearsals for which require his being excused from examinations participant lose, but in the end, ion" and the "Law Review," the the entire program may fail for continuance of which aids malack of interest, and even those terially to the enhancement of the actively desiring what this source reputation of the University throughout the legal world. The offers will suffer. This, phrased differently, means Association has also aided in sendthat work on Student Bar Asso- ing moot court teams to Albany ciation committees, the Opinion, and New York for inter-law school the years 1950 and the Law Review and attendance competition. In at special lectures and luncheons 1951, the Association awarded and other social events is a valu- scholarships based on scholastic is more imporable part, of a well rounded edu- ability and, what basis of need of the cation. In order that the purpose tant, on the of these activities may beyrealized, each one must be developed; and this requires an earnest desire on the part of all of us to single out one or more areas In This 'N' That — Junior Party The year of Law School social activities was launched Saturday evening, October 18th, when the Junior Class held its party at the Jewish War Vets Post at Starln and Taunton. Representatives of both the Freshman and Senior classes joinwith ed their fellow students and faculty guests In a pleasant evening of relaxation which featured dancing to the music of Lou Baumgarten's orchestra. Refresh- ments were on tap and completed the recipe for an enjoyable evening, Frank Nicosia and Don Holzman acted as chairmen of the very successful party. They were assisted by Ken DeGasper, Jerry Hartzberg, John Markarlan, Jim McFarland, Bud Millane, Ed Rath, Carl Rechln, Norma Spezzano, and Lou Zannieri. . —Norma Spezzano A Layman Views (Continued from Page One) ions exist, and, in-fact, the more intellectual ana responsible classes are excused. The New York Code alone exempts eighteen of these groups. Actually a decision of twelve men is the decision of one, possibly two, or three at the most. Psychology shows us that it is one of the inherent instincts of man to be led and do as others show him. The result is that one or two dominant personalities may dictate the decision. A committee of the American Bar Association in a 1946 report states that thanks to jury room secrecy, juries can and do defy any laws they deem undesirable and substitute juror-made laws in their place. Today, only in our democracy is the jury held in high esteem. Such strongholds of democracy as Swit- zerland and England have virtually abandoned the jury system except in major criminal suits. How, then, can it be considered an essential part of democratic government? Every year in our own country thousands of civil cases are tried in which a jury trial is neither required nor permitted. In addition, where the right to a jury trial may be ipaived, such is very frequently done. The juilge is far superior to the jury as a trier of fact, for he is an expert in the law and his experience better qualifies him to consider intricate issues, technical questions, and to discriminate be- tween witnesses, testimony, etc. The jury is a transient body drawn for a single term or case. Beset by home and business worries as well as the unfamiliar and confusing conditions of the court room, the juror is hard pressed to concentrate with the case at hand. The judge, by reason of his more permanent position, feels the weight of his responsibility. Anxious to uphold the dignity of the bench, he is close to the facts of everyday life and is not prone to be unduly governed by technicalities and legal distinctions. Moreover he states the reasons for his decisions. In a legal system which relies so heavily upon precedent it is not surprising that the jury system is still within its bounds. Like outmoded decisions the day will soon come when our outmoded jury will be replaced by new and more efficient triers of fact. The precise details of such a plan we leave to future issues of the "Opinion." Franklin Pack — .. >T> __ The AVENUE GRILL FOR FINE FOODS COCKTAILS TELEVISION 70 DELAWARE AVENUE Buffalo, N. Y. WA 8914 Across from B. A. C. �Religion and Law (Continued from Page One) answers to their questions; and the word of God, transmitted through the casting of lots or through the voice of a prophet was regarded as final.) b. The division of function, that is, the setting up of civil judges separate from the priest, came about not so much because of a feeling that the two areas of life were separate and distinct, as because with the growing tribe the job became too burdensome for one man to carry. A Bedouin sheik "sits" briefly as a judge each morning; but with the Hebrews, as they grew in numbers and changed from a nomadic to an agricultural economy, there*came an unbearable Increase, probably not only In the number but also in the complexity of "cases." As a result, Moses was "sitting" all day every day. The job was wearing him out, and there was an unreasonable delay In the processes of justice (a situation not unknown in more recent days), c. The funda- ence. However that may be, it is certain that at many, and important, stages of the world's history, the professional religious group has also been the custodian and interpreter of the law. Another reference to the Hebrew-Christian tradition may be taken as a case in point. Many of the causes of con- flict between Jesus and the rabbis and Pharisees related to the Interpretation of law. For example, the Pharisees came and asked him if it were lawful for a man to divorce his wife. They replied that Moses had made provision for a "bill of divorcement," whereupon Jesus told them that Moses had only given that law "for your hardness of mental bases for decision remained the same, and remained in Moses' hands: Moses continued to "Inquire of God," and promulgated heart," and he immedately implied new decisions; what he delegated that this was not God's will and to the "civil Judges" was the routine application of the oracles to therefore should not be regarded final.' In the main, Jesus' de- the day-to-day questions brought as partures from the commonly held were in the direcbrief glimpse into a long, long interpretations process; .but it also reflects the tion of mercy and kindness. But point that seems to fact that law and religion came the principal importance just now is that to birth from the same parents and be of both Jesus, seeking to interpret at about the same time. the, will of God, and the "scribes Common 11. Personnel and Pharisees," doing the same The story referred to above thing from their point of view, would seem to indicate that the were religious leaders serving in two areas of life we have desig- the legal field—and reminding us nated as "religious" and "civil" that there was no one else who were separated In the day of could serve in that field. The same thing is true in other traditions as well. The Athenian archon with the title of king actually had the functions of the chief priest of the nation.* In the tribes which later united to form the city of Rome, each clan or gens was by the people. The story gives us a 1 Ii Monroe Abstract yo 8n&Title Corporation; I! SEARCHES 5 0 TITLE INSURANCE 0 I ' |CL 0737 ft 93 FRANKLIN I ST.O n Mrs. Ardelle Fowler, hostess who had the necessary knowledge, the churchmen were responsible the works of thy hands; thou hast put all things under for all the change and improvehis feet ment in the law.' O Lord, our Lord, It Is thus to be seen that it is how majestic is thy name in all the earth."' only in relatively recent times that these two professions have been two; during a very large part of 1. Ency. Britt. 14th cd. Vol. XXI p. 732a. human history they have been but one. 111. Common Purpose And even yet, their fundamental purposes remain the same—or, at least, there is a vast area of common ground occupied by both professions in terms of purpose. Both are concerned with maintaining a high moral and ethical level in human life. Question has been raised about this on both sides. The clergy has been accused (sometimes justly) of seeking to maintain the status quo simply because it was profitable for them, and not because that was the way things really ought to be. I am not concerned In this article to answer that accusation, except to say that it is not nearly so universally true as is sometimes supposed; there are many among us who believe in morality as we believe God has revealed it, because it best serves the human race. I might take a few words to deal with the accusation sometimes leveled at the legal profession, which concerns itself with such matters as serving as attorney for criminals; lawyers have been supposed sometimes to be seeking to tear down law and order and morality. This supposition comes, I believe, from a failure to understand certain extremely important considerations which must guide the lawyer. One is the doctrine that a man is presumed to be innocent until he is proved guilty. Every man is titled to his day in court, no matter what the layman believes as to his guilt or innocence. A second consideration is that the guilt needs to be proved beyond a reasonable doubt. And a third is that it is better for a few criminals to escape their just punishment than for all of us to lose the protection governed by the elders, presided of our judicial procedures. overt by the head who was "chief These matters seem to me to be judge, chief priest, chief execu- of very great importance; and in tivej and military commander." part this is true because they all And when the tribes did combine rest on a religious foundation. Evinto the city of Rome, they pre- ery one of them is connected with served certain important rights to the doctrine of the importance and themselves Including the right to dignity of the individual man. And be priest, which they regarded as this in turn rests on a conception extremely important because the of the majesty of man's creator, priests were the custodians of the God. It is hardly to be supported apart from some such insight as law." Coming closer home, churchmen that of the Psalmist: played a very great part in the deI look at thy heavens, the velopment of English law. During "When work of thy fingers, the Anglo-Saxon period, from 450 the moon and the stars which said that D., to 1066 it is A. A. D. thou hast established; because they were the only ones what is man that thou art mindful THE STUDENT LUNCH COUNTER "Good Food at Reasonable Prices" Open Daily 8-2 Law School Lounge A. N.Felice, Mgr. 3 .. OPINION Moses. But no great social move-1 ment takes place all at once; and it was a long time before this separation was completed—if, indeed, it is complete even yet. In general, it may be said that the priests continued to be the "lawyers," as long as there was dependence on tradition or an unwritten law. But when law came to be written down, the priests lost their control. To the extent that law Is never entirely written, it may be said that priests still have their influ- of him, and the son of man that thou dost care for him? Yet thou hast made him little less than God, and dost crown him with glory and honor. Thou hast given him dominion over 2. 3. 4. 5. 6. 7. Numbers 11.11-17. Deuteronomy 1.9-18. Mark 10.2ff. Wormser, The law, p. 44. Ibid., p. 97. Zane, The story of law, p. 229. 8. Psalm 8.3-6,9. MARIE"S RESTAURANT "FOOD AS YOU LIKE IT" HOME COOKED MEALS 68 DELAWARE AYE iwar EAGLE Hours: 7 A. M.-4 P. M. CROTTY'S PEACE PIPE BAR & LOUNGE LUNCHEONS 47 NIAGARA ST. BUFFALO N. Y. PROFESSIONAL PROCESS SERVICE NEW LOCATION 515 WHITE BLDG luffalo 3, N. Y. Bookstore now Mo. 969 has: Roettschaeffer on Constitutional Law Prosser on Torts Prashlcer on Practice Bogert on Trusts Goodrich on Conflicts Richardson on Evidence • - Legal line fillers Your Student Book Store Saves You Money Hours Posted �4 OPINION BOOK REVIEW make a man, and he acted as low as they come. Only "devils" could get along in a place where sexual SCOTTSBbRO BOY, By Hayrelations were encouraged between wood /Patterson and Earl the prisoners. He went through Conrad, Doubleday & Co., the days like a hand goes around Inc. N. V., 1950 the a clock—because it In 1948, after seventeen and a has face of things to when are wound up. half wretched years in Alabama Knifjfigs and murders were comprisons, Haywood Patterson, the mon, for it was not easy to disonly Scottsboro boy remaining in- tinguish the sane from the insane carcerated, escaped to Detroit. He prisoners. Convicts became crimhad been convicted four times inals. Not taught to read they three of which he was sentenced were trained to murder. "Anything to death but finally "let off" with that is wrong and unlawful out75 years—along with weight other side is true and right in here." Negro youths aged 13 to 20, upon This book falls short of being a the flimsy and uncorroborated literary masterpiece, but the patstrumpets two testimony of white tern woven by its classic theme is who charged them with rape. not unfamiliar to the American Twice the United States Su- scene. The only unusual fact about preme Court upset the convictions the Scottsboro case is that the on substantial legal grounds. Po- world heard about it. litical suicide marked the fate of —Dave Mix one courageous Alabama judge who, after soberly acknowledging Seniors Too! that "social order is based on law, and its perpetuity on its fair and impartial administration," reversed After watching the successful the convictions as unjustified by outcome of both the Freshman and the evidence. But Alabama re- Junior parties, the members of the mained intractable, despite world- Senior class decided that Novemwide clamor for the boys' freedom, ber eighth was the time for their and Haywood Patterson was rob- social debut. Soft music and canbed of seventeen and a half years dlelight created a perfect party of his life. atmosphere at the Jewish War He was not long In Detroit Veterans' Post. This, coupled with when in 1950 the F. 8.1, picked a floor show (traditional for this him up as an escaped convict. Gov. class' parties), left nothing to be Mermen Williams, however, re- desired. fused to honor an extradition warOne of the acts of the Three rant, and the fugitive from "jus- Ring Circus affair included Neil tice" was freed when Alabama's Farmelo, Jim Tizzano, and Al District Attorney expressed his re- Vitch as cohorts in Frank (Face luctance to prosecute Patterson in On The Barroom Floor) Cuomo's a Michigan federal district court. radio skit. Also featured was The message unraveled by this Bob Gottesman's dissertation on woeful tale is disheartening. That "Horses." Responsible for the entire party, today, particularly in the South, color still receives greater empha- which grossed almost sixty couple, sis than evidence is a sad com- were co-chairmen Frank Cuomo mentary upon the noble ideals of and Ronne Kobis. Their support justice envisaged by mankind. for the details came from Paul Equally incredible is the deplor- Adema, Kevin Cox, John Egan, 34.66 P L A R U. 8. POSTAGE Sec. lc Paid BUFFALO, N. Y. Permit No. 311 — able transformation wrought by the savagery of prison life. Patterson learned to behave with the foolhardy fearlessness of a condemned man. It toughened him. He had to live by the knife to live at all. He felt as mean as society can YOUR REAL ESTATE TRANSACTIONS it; Abstract & Title Insurance Corp. 110 Franklin Street, HANNON Real — Safeguarding.... Rochester, N. Y. and as the author of a recent text on the subject, he presented a clear picture of this comparatively new field of government activity in a lecture series on the prob- and its ramifications. lems of Corporate Finance and The remaining lectures in the Securities Regulation. series will be presented as The series commenced on Octo- lows. On November 15th, Mr. Edber 4 when Professor Louis Loss ward T. McCormick, President of of Harvard Law School spoke on the New York Curb Exchange,-will the Securities and Exchange Act speak concerning the busines of and its administration. Addressing the Stock exchanges. On Decema large and attentive group of stu- ber 20th, Mr. Roger S. Foster, dents from all classes Professor General Counsel of the Securities Loss dealt chiefly with the con- and Exchange Commission, will cept of disclosure upon which the talk on public utilities financing federal system of securities regu- and its problems. lation is predicated. Contrasting it —Joseph Tisdall with the typical state system of direct regulation he pointed out some of the problems which the practical necessities of the securities market have posed in the efEfficient Service fort to make the investor the final For Prompt & judge of the soundness of a proposed issue of securities. Crediting the draftsmen of the original Federal Act with great foresight and Estate Co. ingenuity Professor Loss then exDick Krieger, Jack Lanigan, Janet plained in detail some of the inReal Estate and Insurance McFariand, and Angelo Quagliana. formal administrative devices used This group is looking forward to by the SEC to enforce the policies John P. H.nnon 609 Abbott Rd. turning the Senior class out one- and procedures it has designed to hundred per cent for the law meet those problems. Drawing on office FA 3914 Buff.lo, N. Y. school's forthcoming Christmas his experience as a former assistStanley Grossman Frolic. ant General Counsel to the SEC Simplifying.... Speeding.... i Loss Lecture (Continued from Page One) Buffalo. N. Y. Lockport, N. Y. DENNIS & CO. Inc. Publishers & Dealers OF Law Books DENNIS BUILDING 251 MAIN ST. BUFFALO, 3, N. Y. „. n J»» Phone CL.-J *|io � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1952-11-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 4 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/1/1952 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b201cd13d75d13f5847e546bd10efd7c.pdf a577f848acad96bad50d436657ada918 PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION SPECIAL ORIENTATION ISSUE Vol. 4—No. 1 September, 1952 Education For The Law Student Bar Welcomes Freshmen Professor Jacob D. Hyman of Opinion have planned a series of feature The editors articles on some of the broader aspects of the law. An appropriate introduction, they felt, would be a brief discussion of education for the law. This can hardly be a string of dogmatic pronouncements. Times like the present encourage, if they do not compel, the re-examination of basic goals as well as of methods. Legal education could hardly escape the questioning atmosphere. The following comments must, therefore, reflect primarily the personal convictions of the writer. The practice of law is a profes-< slon, not a trade. To say this is to Orientation Program say that while skills are required, the skills must be practiced, not merely in the interests of each job Monday Morning as it comes along, but always with 9:00—Roll Call regard to the impact of law as a Opening address by Acting society. A fundamenwhole upon Dean Halpern tal problem of legal education, as Introduction of the Faculty of education for other kinds of Tour of the Law School professional responsibility like the Building, Erie County ministry, medicine, and engineerLibrary, County Court, ing, is to avoid slighting either the Supreme Court, City craftmanship of the trade or the Court, and Federal vision of the profession. Court. To master the craft of the law Welcoming addresses— strugmust first of all the student Erie County Bar Ass'n. gle with a new method. The traU. B. Law School ditional technique of Anglo-AmerAlumni Assn. ican law, developed over a period Student Bar Ass'n. EDUCATION FOR THE LAW (Continued on Page Three) Advice To Frosh Say farewell to the lectures on Assignment of lockers and seats Purchase of books and payment of fees. Monday Afternoon 3.oo—Reception for Freshmen and Faculty. Russell and Freud, Tuesday's activities will be devoted Gone are the "gut" courses so long lectures on legal to enjoyed. presented by members of the background No more pretty coeds with trim legs in shorts. Faculty. Lady justice is garbed in Contracts Purchase of books and payment of fees. and Torts. Take copious notes, read case after case. Learn about "conversion" "specific res." Study hard, your abort. Do every and work, don't assignment including Moot court. Brief all that you read and when you are through, Who knows, you may edit the Law Review. f Wednesday—Classes begin — Ralph Halpern, chairman Social Committee The Social Committee, impor- tant to well-balanced student life, provides relaxation and establishes friendly relations between students by arranging the law school's so- cial functions and the individual Class parties. Plans for the coming So run get your books, find your year include receptions for distinguished speakers plus a variety of third story nooks And listen for gems that are hid- dances, parties, and get togethers den. —the climax of all being the BarRemember the saying oft quoted risters' Ball, an annual Spring affair. by one, Prank Cuomo "Tsinking is not forbidden." —tarry HaxUberg —Ronne Kobi* — On behalf of the Student Bar Association of the University of Buffalo School of Law I wish to welcome the class of 1955 and to congratulate you on your choice of a legal career. Your work in law school will be exciting and stimulating for the most part but for those who are either not adapted for legal training or not truly interested in law the case book method will be hard, dull and discouraging. There is no easy way to learn law. The reward however is a course of study which has trained you to be a leader in whatever field you enter. Your school life will not be all work. We have committees whose function it is to interrupt the routine of daily classes with social, legal and civic programs. You will all be placed on at least one comI am grateful to the editors of mittee and have a voice in shaping the "Opinion" for this opportunity these programs. to say a word of welcome to the The present Board of Directors incoming Freshman class. You are of the Student Bar Association was embarking upon a course of study installed on March 20, 1952. This which you will find arduous but student government proceeded to stimulating. You will find that in carry out the directives of the stucontent, methods and objectives, dent body as expressed in the Conthe law course is very different stitution. Committees were organfrom your college course. At first, ized to carry out the various activyou may find much of the material ities. The examinations in May puzzling, if not confusing. The fac- were conducted under our new ulty will be on hand to help you, Honor System which is supervised although they will not be ready and enforced by the Student Ethics with pat answers for your prob- Committee and the Student Honor lems; the law does not lend itself Court. to that-kind of approach. Since I The Student Bar Association enam not now engaged in teaching, visages a student government I feel free to say that we have an which is working continuously for outstanding faculty, the members the best interests of the school, the of which are nationally known, not community and the legal profesonly for their scholarly publica- sion. We hope to have students tions but also for their excellence placed on the active and important in classroom instruction. committees of the Erie County Bar You are entering upon an ap- Association. We hope that we can prenticeship to a great public pro- send delegates to represent us at fession, whose skill and under- the next national convention of the standing are indispensable to the National Law Students Associaproper functioning of our social tion. We hope to make our job and economic system. It is trite placement service efficient and' to say, but it is nevertheless true, continuous. We would like to see that the soundness of the founda- the Barristers' Ban supported by tion which you build in your law all of our alumni so that it will be school days will, to a large extent, the social event of the year for security determine the and the legal profession in the Buffalo strength of the superstructure of area. 1 your professional career. The class of 1955 will be able You have before you an exciting to do a great deal in achieving three years. I hope that you will these objectives. We sincerely wish enjoy them and that you will come that the coming year., will be a through with flying colors. happy and successful one for you and the Law School. —rhilip Halpern Acting Dean —M. James Tiizano, President PHILIP HALPERN Dean's Welcome , �2 OPINION 4)1 INION OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-Chief Don Holzman Managing Editor David Mix Business Manager Stanley Grossman News Editor James McFarland Feature Editor David Mix Lee Benice.... Copy Editor Junior Class Representatives Norma Spezzano Advertising Manager Aaron Goldfarb Lowell Gross Circulation Managers Irving Shuman Secretary Ann Skulicz Dolores Bogulaki, Sally, Typists Peard, Norma Spezzano. Faculty Advisor Charles Webster Committee Comments Student Publications 52-53 Moot Court Committee—Opinion Program Continued Figuratively speaking, our law school is student "owned and opThe Student Publications ComLike so many other terms that erated." Naturally, this presumes mittee concerns itself primarily hears, the freshman law student business of the OPINION. "Moot Court" probably means lit- at least a minimum of bureaucra- with the publication call for tle or nothing. A "moot" question cy so characteristic of most Amer- Plans for this appearance once a month from in the law is merely one which has ican institutions. Here it assumes its September through April. Its mannot been decided and which need shape of an elaborate and agement is in the hands of students not be decided because of the non- the smooth-functioning committee sys- from all classes, and is guided by existence of any actual litigable facts which require its decision tem of government as prescribed Professor Charles Webster in the and settlement. In short, there is by the Student Bar Constitution capacity of faculty advisor. In addition to being distributed among no need to decide the legal questhe coordination of conglom- the law students at the University tion presented by a given set of for activities, genand of Buffalo and approximately 2,500 hypothetical facts, although those erate student September, 1952 Vol. 4—No. 1 facts are definitely controversial. erally, to assure that the home- alumni, it goes on an exchange basis to many other law schools. "Moot Court," therefore, isl a fire radiates a warm, comforting presided over by junior and glow. Every student is automatiThis year the OPINION is in"court" Editorial: senior students which hears and cally a member of one or several cluding as a special feature a serA Word To The Wise decides "moot" questions presented committees, and each is encou- ies of articles based on the relaand argued by freshman counsel. raged to participate enthusiastical- tion of law to education, religion, purpose of the pro- ly so that he or she may become a psychology, medicine, philosophy, You can expect the atmosphere The primary give the freshmen, at more integral part of our little le- sociology and other similar subof law school to get under your gram is to jects written by persons well-versed very outset of their legal car- gal family. skin and react. The reaction, how- the eers, the opportunity of organizing As you have probably not not- in those fields. ever, is not one capable of predicmaterial, writing appellate iced, Les Goodchild displays his It is likely, also, that the Student tion. There is no special formula legal briefs, and presenting their legal culinary talent in the southeast Publications Committee will be to indicate the process. Neither Is argument. The points (breakfast oral abilin corner of the lounge faced with the job of advising the there any particular antidote if the to write a good brief from the nook). Quality and student prices Student Bar Association as to the results are unfavorable. No one ity and legal are standpoint style, of form, knows what to expect. Even after the main attractions, plus the feasibility of publishing a law a conyou have been here a while and content on either side of fact that refreshments are always school yearbook. troversy, to affluently present and available during and between yawn —Don Holzman think everything is logically situthe positions taken in the and doze lectures. ated in your mind—you will most support appellate court, brief an before likely find later that there are and to The bookstore, with Norm Kueh- Building and Plant anticipate and rebut the some things that just do not folyour patof his adversaries is the nel at the helm, invites arguments than low the supposed logical pattern. Committee Faces a successful ronage by its policy of better quo "sine non" of the of however, Gradually, pieces reasonable prices and personal atBig Year in 1952 the legal puzzle will fall into place lawyer. tention. Any profits are dedicated —Don Mahoney —if not completely, then comfortto the promotion of our Law Reably. The point of this—don't be view and the granting of scholarThe job of the Building and surprised at first if there is ap- Constitutional ship aid to needy and deserving Plant committee revolves around parently no correlation between the physical properties of the law Revision Committee students. effort and end product; don't be On the side of political maneu- school. Its task includes devising discouraged if the logical becomes verings we have the essential Ways methods of keeping the building Under the Constitution of the Illogical—if you can't understand and Means and University Rela- clean, protecting the valuable asthe why or how of something. Such Student Bar, amendments may be tions committees. The former com- sets of the school, and suggesting Is a normal reaction for the novice. proposed by this Committee, or by mittee insures that funds continue expansion or other projects. For the experienced, the end can petition of one fourth of the stu- to flow our way from the campus. Future plans call for the esdent body, and become effective be different. The ticklish and painstaking task tablishment of a civil defense unit The following describes your po- when ratified by two thirds of that of charting the moneyboat's and a shelter zone, a system to sition in the phase of a law school body. course rests with the latter. Norm protect library properties, library Hilary Bradford career and, as you will see, gives Kuehnel is our representative on partitions, a rest room on the third as much of a guide as is possible the campus Board of Managers, floor, and a bulletin board in the governing body. Here basement for Studentßar notices. toward achieving success. -stimulate you to conquer new hori- omnipotent You are parachuting into a for- zons or to relearn routes already we might also make mention of —Herbert M. Zeplowitz the Committee on Elections which eign land. You do not understand covered. You begin to feel there —Jack Morris the language for it has many dia- is no turning back. You come to guarantees that the person who balloting gets lects. Only a very few of the sea- love the wins the into in land, to take it In your soned natives have-thoroughly mas- mind with sponge-like eagerness, office. Buffalo Law Review tered all of them. Some speak none to quaff deeply its rich nectars, to It is customary for law students well. You wander over the vague breathe its fetching fragrance. And to gather together of a Friday afIndependent of the Student Bar terrain; nothing seems clearly dethe hostility and indifference grad- ternoon around tumblers of amber Association is the Buffalo Law Refined. Realizing yourself a floun- ually fade like the mist before the fluid and rehash the week's cases. view, a legal periodical published dering stranger, you are all the dawn. The land accepts you and Last year a group of Juniors or- twice annually by the students of more confused and bewildered. you begin to build a firm founda- ganized luncheons on alternate the School of Law. The Review Is Resolutely you begin a never end- tion therein. The work is slow and Fridays primarily for the same composed of scholarly articles by ing journey—searching, groping, tedious, the strength of your edi- honorable purpose. Speakers were eminent jurists and professors of seeking comfort In this newly fice proportionate to the material procured, all classes were invited, law, book reviews, and student beginning the found land. In the and effort you put into its con- and finally, a committee formed— notes and comments. Now comhosemmanate a country seems to struction. And one day you are headed now by Anthony Rotello. mencing its third year, and second tile air. Kindly guides help you comfortably established, your neigh- The fare Is fair; the time, enjoy- volume, of publication, the Review pointing out minute along the way, this Autumn will contain the new bors fewer than when you began able. landmarks, giving directions and the exodus. If you have chosen Lurking forgotten in the dusty Court of Appeals Section, an analysundry aid as best they can. You aptly, if you have built solidly, if background there is another com- sis of leading cases decided by New cling to them because you are ob- you have traveled the unpredict- mittee, i.e., the Grievance Com- York's highest court in its 1951 sessed with the nagging desire to able road seeking and offering a mittee, but, of course, we have no term. Membership in the Buffalo understand and to be understood. friendly hand, an encouraging grievances so further discussion Law Review is open to upper classSome of your companions falter, smile, you may basque in the lux- would be a waste of something or men of high academic standing. strengthening your own tenacious ury of eternal happiness. Faculty advisor other. is Professor determination. You require escape I Happy Saturday Classes! Charles Webster. —Don Holzman from trie weariness of travel, and —Hilary Bradford Dave Mix —Dave Mix the types of diversion provided — *" — — �OPINION Education For The Law! probe through words in order to identify the underlying factual elements in the different cases, and to create new generalizations that will tie '-together the elements of the immediate case and the eleof hundreds of years, is designed to ments of the older cases. Close adjust an authoritative body of reading, painstaking analysis, and materials—previous decisions, leg- imaginative synthesis are ail esislation, and constitutions —to the sential to the legal method. constantly changing needs of sociWhile central to legal education, ety. As Judge Cardozo pointed out facility with legal method is not a in classic statement: the only skill that must be devel'The reconciliation of the irre- oped. Mastery of the method is merely the first step toward the concilable, the merger of anuse of the method in the work of thitheses, the synthesis of oppothe trade. Skill in advocacy must sites, these are the great probof lems the law We have the be developed, both written and oral, in order that the method nfey claims of stability to be harmonbe effectively brought to bear in ized with those of progress We are to reconcile liberty with aid of a client already embroiled in equality, and both of them with litigation. Skill in planning, negoorder We must preserve to tiation, and drafting must be dejustice its universal quality, and veloped in order that the method yet leave to it the capacity to be may be effectively brought to bear to chart a course for the client individual and particular."' The task prescribes the method. who wants to avoid litigation. Skill Essential to it is the fact that in the collection and presentation while previous decisions are au- of facts must be developed for thoritative for the judge, his own purposes both of negotiation and decision becomes a part of the au- of litigation at the fact-determinthoritative body of material; he ing or trial stage. There is general agreement must, therefore, consider the Impact of his own decision upon that about the effectiveness of modern which binds him. The process has legal education in inculcating the been described as "a moving classi- method of legal reasoning. There fication system;" " .the classifi- are considerable misgivings about cation changes as the classification the adequacy with which the imis made. The rules change as the portant supplementary skills in rules are applied."2 This is a diffi- the use of the method are taught cult notion to grasp; it cannot be or developed. Certainly students grasped as an abstract proposition. will find at Buffalo as at other law It can be understood only as it is schools constant attempts to destruggled with in application. And velop those skills more effectively. The matters thus far discussed that is and must be a central part of legal education: a day to day relate to the tools of the trade. demonstration of and exercise in There is still the question of the the special reasoning of the law. professional attitude in the use To that undertaking the student of the tools. This, probably, has must bring a willingness to wrestle two main aspects. The first is that with slippery legal language, to in the task of advocacy and representation the legal tools should >n. >n< >r» f~>n< n"v' not be used in a way which harms the administration of justice. More is involved here than avoiding obL Vious breaches of trust and of the criminal law. The complex patn terns of behavior that determine a high standard of professional conduct depend upon personal Integrity. To the extent that character traits can be influenced in law school, integrity is more likely to TAX and TITLE be fostered through the way In which specific issues are treated in day-to-day classroom discussion than through formal preachment SEARCHES or exhortation. The same is very likely true of the other aspect of a truly proTITLE INSURANCE fessional attitude: a devotion to the improvement of the administration of justice quite apart from the manner of handling the prob0737 93 FRANKLIN o 9 lems of clients. One of the stated V a<=>fir—>(V \nt^J objectives of the American Bar >rw m< >r>< /(Continued from Page One) ... ... . .. . i tn, n-i. >ni I ij Monroe Abstract o i & Title Corporation L" | ! 2 I !0 0 |CL ST.j) mi THE STUDENT LUNCH COUNTER "Good Food at Reasonable Prices" Law School Lounge Open Daily 8-2 Mrs. Ardelle Fowler, hostess A. N.Felice, Mgr. . 3 Association upon its founding in 1878 was "to advance the science of jurisprudence, promote the administration of justice. ." There have always been members of the American Bar who made outstanding cointributions to the broader aspects of the law. Some ground exists for the impression that, taking the Bar as a whole, its contribution to the public interest declined somewhat after 1870 and has only recently begun again to increase. s But at all periods every local Bar has had its leaders who devoted themselves freely and ef- fectively to public service even when their activities resulted in community action which might not be favored by their clients. Only insofar as lawyers respond to their obligation to the community as a whole, both in the conduct of their representative work and in their other activities, can the practice of law maintain the status of a profession. Modern legal education fosters the sense of professional obligation at least by striving to keep students aware of the economic and social background out of which the rules of law have developed and against which they operate. If one's work in the law and if the work of the Bar are to serve I admit at once that these questions are not futile, that they may prove unanswerable, that they have often seemed to me unanswerable. And yet I believe there is an answer The law is the calling of thinkers. But to those who believe with me that not the least godlike of man's activities Is the large survey of causes, that to know Is not less ... than to feel, I say—and I say no longer with any doubt—that a man may live greatly In the law as well as elsewhere; that there as well as elsewhere his thought may find its unity in an infinite perspective; that there as well as elsewhere he may wreak himself upon life, may drink the bitter cup of heroism, may wear his heart out after the unattainable.'" FOOTNOTES 1. Benjamin N. Cardozo, The Paradoxes of Legal Science (1928), reprinted in Selected Writings, 251, 254. 2. Edward H. Levi, An Introduction to Legal Reasoning (1949) 3. 3. James Willard Hurst, The Growth of American Law: the Law Makers (1950) 352-375. 4. Oliver Wendell Holmes, The of the Law in society in a large way, there must Profession Speeches (1934) 22-23. be some goals more or less clearly defined. In these days our own fundamental ideals are perforce being Committee on re-examined. Painstaking re-examination of basic values is not without its dangers in a society as diverse as ours, with more than four Last spring the newly formed hundred identifiable religious sects and with about half the population Committee on Student Ethics was having no formal church affilia- directed to draft an honor system (1886) Student Ethics tion. Widely differing ideas about the ends of man and society are inevitably held. Widespread agreement on fundamentals might seem impossible of achievement. Yet there are large unities within the diversities. Embodied in our constitution are ultimate ideals about the dignity of man, his right to equality before the law, his right to freedom, and his capacity for self-government. They articulate a fusing of many strands of thought, plan which would dispense with proctors at law school examinations. Proposals for an honor code and methods of student enforcement were accepted by the SBA and the system was used with success during the June examination period. Actually, this constituted no sudden innovation. A de facto honor system had been in force during many examinations prior to last June. The committee merely attempted to codify the system and to provide certain minimum regulations. Predicated generally on integrity and maturity of law students and on the ethical standards of the legal profession in particular, the honor system is seen as a logical phase of legal education. It permeates every facet of student life here, from the borrowing of books to the self-imposed quiet while religious and political. As formulated in the Constitution, there can be no doubt that they provide broad, common basis for professional legal training in the highest tradition, just as they demand the highest professional skill to devise methods for achieving them. The challenge at the heart of the profession of the law was vividly stated by Justice Oliver Wendell Holmes in an address to stuthem in the library. dents more than sixty years ago: reading —Daniel T. Roach "What have you said to show that I can reach my own spiritual possibilities through such a door as this? How can the laborious study of a dry and techFOR FINE FOODS nical system, the greedy watch COCKTAILS TELEVISION shopfor clients and practice of 70 AVENUE mannerless arts, the keepers' BufWo, N. V. WA 8914 / over often sordid interconflicts Across from B. A. G. ests, make out a life? Gentlemen, * .. . The AVENUE GRILL �4 OPINION Indigent BOOK REVIEW COURTROOM, By Prisoner Quentin Reynolds, Farrar, Strauss & Co., New York, 19S0. Courtroom is the story of Samuel S. Leibowitz, former criminal lawyer, who is now the colorful Judge of King's County Court and recently achieved prominence during the trial of Harry Gross, book- maker extraordinaire. Samuel Leibowitz came up the hard way. Born of Roumanian immigrants, he grew up in New York's lower East Side. At his father's suggestion, he studied law at Cornell University. When the young lawyer returned to New York, there was nothing to do but begin "at the bottom." Leibowitz's first case was to defend a drunk who was charged with breaking into a saloon and robbing its cash To complicate matters, the defendant had confessed under police pressure, and a skeleton key was produced as Exhibit A. However, the jury returnedl a ver- register. dict of not guilty, much to the chagrin of the District Attorney. And thus Leibowitz began his exciting career. Mr. Reynolds continues with sev- eral of Leibowitz's outstanding and most interesting cases. A pattern is established: the lawyer is con- vinced of his client's innocence, then, through hard and thorough work, policeman-like investigation, BUFFALO, N. Y. Permit No. 311 The IPP is a student activity under the able guidance of Professor Charles Webster, who instituted the program here two years ago. Accused persons financially unable to retain counsel for their defense are assigned counsel by the Court. A member of the bar is appointed to conduct the defense, usually without a fee. The Indigent Prisoner Committee then appoints one or two students to work on the case with this attorney. The participation of the student may include such things as interviewing the defendant, finding and interviewing possible witnesses, assisting the attorney in gathering other evidence and aiding in the legal research involved. Comments from students, attorneys and even the Bench show that the program is a success. The results of this work have been favorable in that the prisoner benefits by increased effort in his behalf; the defense attorney's work is alleviated by the assistance he receives; and the student gains invaluable experience by direct contact with an actual case. Neil Farmelo — .... Speeding .... Safeguarding .... Student Lecture Committee The establishment of this committee marked a new step in the arena of student activities. It has been assigned the task of presenting a series of lectures during the school year embracing topics of vital interest to law students, for which no room has been found in the regular curriculum. Lack of organization and failure to delegate responsibility made previous efforts in this direction short-lived until the SBA assumed the chore. The committee also arranges the presentation of the James McCormick Mitchell lectures, a series which each year brings outstanding speakers from the legal world. These lectures are financed from a trust fund established by Mrs. Livina Mitchell in memory of her husband. The administering committee, comprised by members of the local bar and the faculty, selects the speakers. The Student Lecture Committee then arranges the presentment and sponsors a deHghtful reception in his or her honor. The proposed scope of the committee's activities demands that it be a large and willing group. Members will be enticed from all three classes. It is promised that a program will be launched sometime during the first semester. —Joseph C. Tiwlall Job Placement The newly created Job Placement Committee will endeavor to fill a long felt need. It hopes to help both the Bar and the graduate as well as render some assistance to second and third year students interested in part-time work clerking in law offices. Consult your local bulletin board for job offerings. —Jed deCastro For Prompt & Efficient Service HANNON Real Estate Co. Real Estate and Insurance John P. Hannon office FA 3914 Publishers & Dealers OF Abstract & Title Insurance Corp. Law Books Rochester, N. Y. Lockport, N. Y. 809 Abbott Rd. Buffalo, N. Y. DENNIS & CO. Inc. YOUR REAL ESTATE TRANSACTIONS 110 Franklin Street, Buffalo, N. Y. 1 lc Paid Program The book concludes with a perand brilliant ingenuity, he builds sonal interview with Judge Leibowitz, relating a few of his exa perfect defense. The most famous of the cases periences on the bench, and a few with which Leibowitz has been words of advice to the legal proconnected is the Scottsboro Case. fession. The Judge feels that the Mr. Reynolds dej/otes a good deal Criminal Law has not found its of space to that famous incident of proper place in the public mind, the 30's. The background of the nor in the law schools. He feels case makes interesting reading, for that as the really humanitarian after Leibowitz took on the seem- branch of the law, it should be ingly hopeless task of defending more esteemed, as well as stressed, the Negro boys from Scottsboro, in a practical manner. Certainly, Alabama, falsely accused of rape, for all who read Courtroom, the he became involved in a fantastic life of a truly great criminal lawweb of Southern prejudice—with yer, a feeling of respect for that far-reaching repercussions, for the ill-reputed phase of the law develNorth was disgusted with the ops, and one feels that Leibowitz's Southern "officers of justice" and case is not entirely lost —Sally Peard their biased disposition of the case. Simplifying Sec. 34.66 P L & R U. 8. POSTAGE DENNIS BUILDING 251 MAIN ST. BUFFALO. 3, N. Y. ™°ne CL-W Phone Wl"' 2311 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1952-09-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 4 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/1/1952 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5473d36ea7764116fffdeb56bae94d00.pdf e7d8242597fafa160210b56b64b6a6b3 PDF Text Text . _ See You At BARRISTER'S BALL April 19 rT_ UNIVERSITY OF BUFFALO LAW SCHOOL OPINION April, Vol. 3- -No. 4 Summons New Bar For Law School On March 20, 1952, the recently elected members of the governing body of the Student Bar Association of the University of Buffalo School of Law were installed. President of the Student Bar Ass'n. is M. James Tizzano, who attended Canisius College and Alfred University where he majored in ceramic engineering. At the first meeting of the Board of Directors the following Juniors were elected to office: Vice-President, Neil Farmelo, formerly an economics major at U. B.; Secretary, Chas. R. Desmond, a student of history and philosophy from Georgetown University; Treasurer, Stanley Grossman, who attended the School of Business Administration at U. B. The remaining members of the Board of Directors, and their prelegal training, are as follows: Morton H. Abramowitz, U. of Michigan (Bus Ad.); James T. Biggie, Dartmouth .Economics); John J. Callahan, St. Bonaventure (Bus. Ad.); OF ERIE • garb and make preparation to attend this year's sensational edition of under George Grobe, Attorney for the Plaintiff, 77 West Eagle Street American Law Students Association, a national organization. WHAT'S YOUR OPINION? (Continued on Page Four) RICHARD MANZ Plaintiff ' It has been suggested that a student fund be created to replace the present spasmodic method of taking collections to buy gifts for ill students and faculty members, for awards, Community Chest, Red Cross, etc. Instead of having to contribute each time the need arises, the student would simply make a lump sum donation once a By at this law school. The advantages of the system—in fact the need for it—need not be reviewed here. COMMITTEE FOR THE What should concern us all now is the fact that the honor system was BARRISTER'S BALL, violated and to no small degree. Plaintiff, at resides With few exceptions, the system was new to all the students. Even —against— 77 West Eagle Street. at this, the great majority did not STUDENTS OF LAW, cheat. Many of this group had at one time or another cheated under Defendant. the proctor system where, it seems there is no moral disapprobation for cheating, but rather those who TO THE ABOVE NAMED DEFENDANT: do it most successfully are heroes YOU ARE HEREBY SUMMONED to secure youi tickets away of sorts for getting away with it under the very noses of the procin advance for this year's sensational edition of the Barrister's Ball. tors. The attitude of most of the was summed^ up by one All ye hardy individuals are hereby summoned to doff the penitent studentswho Junior was heard to say that Ball. This soiree begins at 10 P. M. on the Saturday Albert J. Chille, Niagara U. (Eco- the festive Barrister's nomics); Don Holzman, U. B. (Ecoevening following Easter, April 19, and will terminate, allegedly, at nomics) ; Mary Ann Killeen, Trini- 2 A. M. the following morning. Regarding the locus, the controlling ty College (Bus. Ad.); James W. increasing their Leising, Notre Dame U. (Com- powers at the Launch Club on Grand Island have, after merce); David J. Mahoney, Caninsurance, condescended to sign over the premises for this memorable isius College (History); Frank R. and honorable occasion. Parlato, Canisius College (English). In addition to co-ordinating all After no small degree of hardship and toil, the committee realized student activities, one of the main purposes of the Student Bar is preliminary success when they secured the services of the Ray Watkins' "to cultivate social acquaintance Orchestra. His reputation and performance are unexcelled. and cooperation among the students of the Law School and to ''The assessment will be, and is, $2.50 per couple (not per capita). secure the association and good The male shall have the dignity of choosing his apparel, be it 'tux' or of the legal —will of the members best while the Femmes shall go all out, appearing in formal profession." This type of student Sunday very successdress. As Special inducement, the committeejhas laid down the holding government has been ful in law schools throughout the that there shall be no corsages. That & the law, gentlemen. country. Activities of Student Bars In case of your failure to purchase tickets and appear, judgmentwill have proved to be beneficial to the surrounding communities as well be taken against you by default and you shall miss all the fun. as to the legal profession and have Dated April 8, 1952. resulted in the formation of the What's Your Opinion? Nomination For An Honor Court It seems paradoxical that the article "Mentionable Honor" in the last issue of the OPINION was needed to justify the honor system SUPREME COURT COUNTY 1952 Llewellyn to be Webster to Work On Criminal Code James McC Mitchell Speaker April 24-25 Students and friends of Profes- sor Charles Webster will be pleased On two successive afternoons, to learn that his recent appoint25th, Professor Karl ment to work on the American April 24th and Law Institute's proposed Model N. Llewellyn of the. University of Criminal Code, will not necessitate Chicago will address students of his permanent absence from Buf- the University of Buffalo School of CRIMINAL CODE (Continued on Page Four) LLEWELLYN, SPEAKER (Continued on Page Four) the proctor system he spent more time making crib notes than studying, but under the honor system he wouldn't thinK*of cheating. Still the fact remains that enough students cheated to call for a change in the present system. The reasons for stopping the cheating are clear. The first is obviously that anyone who cheats on an examination when he knows there are no proctors to stop him is a cheap coward. Although it may sound hackneyed or trite, that person has no honor whatsoever. A second reason is that those who would not cheat certainly do not want those who do cheat to have an advantage in regard to examinations that they will not allow themselves. This brings us to the main con- sideration —the situation that must be remedied if we are to have a successful honor system. When Dean Stevens explained the honor system, he suggested that the student who detected cheating during an exam point an accusing finger at the guilty one and yell out, "Stop that cheating!" I'm sure this would have proved effective, but nobody resorted to it. This pinpoints the exact obstacle facing any honor system—the feeling that while oneself should not cheat, one is nevertheless afraid to stop, or has no business stopping others from cheating, and if one did anything about it, one would be a HONOR COURT (Continued on Page Three) �OPINION 2 CPINICN In re Basketball Letter To The Editor:: (The material presented herein does not necessarily constitute the the OPINION. However, Don Holzman thoughts of the Editorial Board or staff of David Mix such a column is presented to allow for expression of true student Stanley Grbssman James McFarland majority or minority, humorous or otherwise). David Mix opinion whether it be OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-Chief Managing Editor Business Manager Mews Editor Feature Editor Copy Editor Lee Benlce.... Freshman Class Representative.,^. Norma Spezeano Advertising Manager Aaron Goldfarb Circulation Managers Lowell Gross Irving Shuman Secretary. Ann Skulicz Dolores Bogulaki, Sally Typists Peard, Norma Spezzano. Faculty Advisor Charles Webster — Vol. 3—No. 4 April, Editorial: Dear Editor: Proud as we are of our new building, there comes a time in every girl's life when she just has to vent her spleen to get things off her chest. My venom is directed at no one in particular but merely serves as a method of 1952 relieving pent up emotion. To begin with, the plumbing facilities are grossly inadequate. Imagine, just one men's room for roughly 290 male students—and, of all places, it's in the basement. No wonder the men gripe about . Is There Anything Wrong With The Moot Court Program? The following consists of a variety of thoughts pertaining to the Moot Court Program as it is now set up. It represents views and questions which have arisen from general conversation with those involved in the workings of the M. C. P. 1. Certain phases of the M. C. P. seem to lack uniformity: a) the nuniDer and complexity of issues per problem and consequently the amount of work necessary for a complete handling of it. b) the length of time allowed for preparation (not only do some groups have a longer period than others in which to work, but there is a time variance within individual groups—brought about par- words of Patrick Lincoln, "I know others may choose, but as for me, give me ventilation or 111 take the air!" I expect the old timers will complain bitterly about my diatribe, and that they will shame us with memories of the old shack that make our present building seem to be a dream house. To this I reply that a job isn't worth doing at all if it isn't worth doing right. Furthermore, my girlish intuition leads me to prognosticate that within the next five years law students will find themselves hiking out to campus, our lovely new building having been taken over by the lovely not what room studying long hours in the library. We girls have it a little better inasmuch as our lone source of relief is located on the first floor. And we do appreciate the water fountain on every floor, that is, every floor except the basement where we eat, but the lunch committee were forbidden to bottle and sell it so we have to be satisfied with the more social bever- ages. We have no elevator! Statistics prove that more lawyers are dying from heart conditions at a younger age simply because there were no elevatprs in the schools where they trained. You know, half that noise in the library is the huffing and puffing of exhausted students after a three floor climb. Oh! And the telephone booth: why, on a rainy day it smells tially by different approaches to worse than a combination smoke the importance of original "dead- shoppe and public bath house lines"). and now we're paying a dime per c) the pattern of work adopted call! (time of designating sides and partI am now reminded of the close^ ners; joint vs. individual memos; quarters in the Freshman room. appellant-respondent exchange of Things are so cozy in there that a briefs and opportunities for an- fellow got his face slapped by the girl next to him simply for openswers). d) is it possible to mark uni- ing his notebook negligently. We can be thankful, however, formly and fairly if such diversifithat the accoustics in the building cation exists? are so wonderful. I recall an ex2. Is the policy of grouping too ample just prior to exams when indiscriminate? (as when both the Dean briefed us on how to enpartners are found to be on pro- force the Honor System, viz., by bation—however, this arrange- shouting, "Hey, you!" whereupon ment might possibly have been a student in the library turned one of express choice and not a around with a rather quizzical indiscriminateness). University development program, the night school and/or the social workers, now housed in the ruins of Townsend Hall around the corner. Daisey Erie County Bar Association For the past three years a number of students have gone about their studies with such a "whistle while you work" attitude that it has forced their classmates to shake off their customary torpor in order to keep up the blistering intellectual pace. A luxuriant jungle of inquiring minds has blossomed forth in a desert formerly dearth of ideas. The result has been a general rise in our scholastic standard. Why? Good hard, sweaty exercise to keep mind and body wide awake. How? Intramural basketball. In 1949 a group of freshmen and juniors banded together and formed the "Legal Eagles". They resolutely entered the Independent Intramural Basketball League which played weekly in Clark Gym on the U. B. campus. The oldest campus habitue had never seen such a motley crew of tee-shirted, semisneakered quasi-players. That hard driving squad boasted such stalwarts as Sam Miserendino, Bill Fitzhenry and Rangey Mort Abramowitz, who, through the years, has remained the mainstay of the club. Constantly scouting for topflight material, Coach Dave signed youthful Mahoney also The Erie County Bar AssociaKenny Cooper, a prodigious scorer tion has developed greatly since who hustled the team to victory in its organization in 1886. There are the last outings of the season. now over 40 committees working By 1950 the student body had on a wide range of problems, such aware of the "Eagles" become as administrative procedure, public and good players appeared as if information, research and law re- by magic. Out of sentiment Maform, and revision of the articles honey was retained as coach and of war. Its membership is almost Bill Argentieri, buzz-saw guard 1100, which represents about 70% and former Alfred great, Bob and of the lawyers in Erie County. The Maynard Schaus, Canisius stars, Association works with the Feder- Matt Wagner and Nick Parino, ation of Bar Associations, has offi- defensive titans, and Dan Roach, cers in the New York State Bar William's giant, were signed. ReAssociation and the American Bar venge was sweet for the team as Association, and takes an active they breezed through the regular part in these groups. The Law schedule with an unblemished School and the students derive slate. They averaged fifty-four benefits from the Association. points per game and Cooper was Financial assistance goes to the leading scorer, averaging twentyBuffalo Law Review, and the Asso- one of those. Mercurial Arciation also maintains a placement gentieri was runner up in this deservice for graduates of the school. partment with thirteen. The "Block B" five beat the "Eagles" by two points in the final play off game for the overall chamBecause of his adaptability no pionship, spoiling an otherwise animal has a greater potential perfect season. look. With an increase in interest chance of survival, and because of Now that we're in the library, his high degree of specialization this year, a second intramural who ever heard of linoleum tile none has a greater danger of ex- team was formed. A junior, floors absorbing the clatter of busy tinction than modern man, the dapper Joe Nasca, is coach of feet? And where is the tapestry word-maker, tool-maker, and atom the "West Eagles". Along with to hush shouts between neighbors splitter. veterans Bob Schaus, Wagner, and Roach, Nasca has such erudite at opposite ends of the room? 1 have been inspired to write, a seMore and more today we find cagers as "dead set" Al Glick and quel to the song, "Mr. Echo," but that conformity rather than hon- "just dead" Neil Farmello. Rounding out the group are Tom Forcopyright restrictions prevent its esty is the best policy. tunato, Lowell Gross, Dick Mcpublication here. * And now the abominable student Student—"l have an idea but I Carthy, Mike Sullivan, and Joe Tisdale. smoking room. Of all the rooms just can't express it." one would expect to be properly Teacher—"You have no Idea unMeanwhile the "Legal Eagles" ventilated, this should be It. In- til you've expressed It!" continue merrily on their way, stead, one would be more comfor- — result of 3. Some judges are uninterested, unhelpful or both (on the other hand, many devote much time to the project and are assets to the student). 4. Students do not know much about the marks or credits involved. Is it possible for the letter grade (which is to be given) to be figured into an average based on a numerical system—or isn't it intended to be figured in? In spite of any possible deficiencies now existing in the M. C. P., it is probably one of the most valsmoking In the chimney of a uable and practical pieces of train- table immortal Ing that law students can receive. blast furnace. In the Query • • * * * QUERY (Continued on Page Three) BASKETBALL (Continued on Page Four) �OPINION Query Cans (Continued We are happy to announce Dr. Lenhoff's speedy recovery from a recent operation and his planned resumption of a full time schedule, just as hail and hardy as ever. **» Prof. A. Mugel is back from Korea. It is still too early for any definite comment, other than the fact that he has put on some weight! * �* Freshman representatives to the Indigent Prisoner Program are: A. Goldfarb, J. Adner, P. Gonson, N. Spezzano, A. Skulicz. The following suggestions were proposed at the last meeting of the I. P. Club: to make case assignments compulsory for students participating in the program; and to recognize participation with certificates awarded upon graduation. *•* The Class of '54 has displayed unusual enthusiasm toward the current series of lectures inaugurated for the purpose of priming the class in the technique of moot court work, and the functioning of the D. A.'s office. Speakers were Messrs. Emil Cohen, Confidential Law Assistant to the Supreme Court Justices of the Eighth Judicial District; A. Cordes of Kenefick, Cook, et al., Judge C. Desmond of the N. Y. State Court of Appeals, and L. Finkelstein, assistant D. A. of Erie County. , * * * Congratulations to Mr. and Mrs. Roy Freaney upon the birth of a daughter. * * • Congratulations also to Bud Millane and Marilyn Robinson who have taken the first step toward hearing those good old wedding bells. * * * We are proud to recognize the fact that Norm Kuehnel was elected vice-president of the Board of Managers of Norton Union. * • • A handshake to John Gruber, from Page One) "squealer" or an informer. Considering the nature of cheating un- der the honor s*ystem, this attitude seems rather cowardly also. What, then, can be done to make the honor system successful? First, .. The AVENUE GRILL *** I * » * SHERMAN'S LIQUOR STORE I0 Monroe Abstract |\ []&TitleCorporatioti[j II 0 TAX and TITLE o I 0737 93 FRANKLIN I Roethchaeffer on I ConstituKonal Law Prosser on Torts Prashker on Practice | I Goodrich 0 ST.j) Real Estate and Insurance 809 Abbott Rd. John P. Hannon office FA 3914 Buffalo, N. Y. Evidence PROFESSIONAL PROCESS SERVICE • at m NEW LOCATION Richardson i on Legal line fillers A. N.Felice, Mgr. HANNON Real Estate Co. on Conflicts (\ THE STUDENT LUNCH COUNTER "Good Food at Reasonable Prices" Open Daily 8-2 Law School Lounge For Prompt & Efficient Service Trusts 0 TITLE INSURANCE ICX. Bookstore now has: Bogert on SEARCHES O Mrs. Ardelle Fowler, hostess adequate means, the entire student * * * Qeneftal 9*U*m<a*tce 1514 Honor Court (Continued Two) • • * ARTHUR I. YELLEN MO Page body would have to cooperate. Every student must say, in effect, that he is willing not to cheat himself, and that he is willing to bear -.. the responsibility of taking affirmCertain unsportsmanlike pracative action to bring to trial those tices perpetrated by patrons of the anyone who is caught cheating he knows are cheating. If the stulibrary have necessitated the initibe expelled from school. dents do not have the courage to ation of a closely scrutinized sys- should may but again do the latter, it would be better harsh, sound tem of registration and finger This considering the character of to throw out the whole honor sysprinting as prerequisites for gaincheating under an honor system tem. At least that way, the soing admission to the stacks, war- where proctors are deliberately called "privilege" of cheating would Crissey recently. announced den eliminated, it is obvious such a be the same for everyone. person neither deserves to be a The only person who makes no member of the Bar nor a student mistake is the one who does noth- here. Secondly, to bring about that ing, and this is the greatest misobjective, what method can best FOR FINE FOODS take of all. overcome the hesitancy of the COCKTAILS TELEVISION 70 DELAWARE AVENUE students to eliminate those who pulled up future classmate's A Buffalo, N. Y. cheat? One tested means has WA 8914 to the Law School and leaned on Across from B. A. C. her horn. Unable to bear the blast, worked very successfully at Hamilton in Clinton, New York, a grind threw open a window in whereCollege the authority behind the the library and yelled with pointed honor system is an Honor Court, CROTTY'S PEACE PIPE eloquence, "Will you please stop of cheating is making a perfect nuisance of your- to which evidence Court, taken. The members of the BAR & LOUNGE self?" With imperturbable equa- students, meet privately and denimity the lovely chanted her reLUNCHEONS if a recommendation of exply: "Nothing is perfect, you cide BUFFALO N. Y. pulsion is warranted. If so, the 47 NIAGARA ST. know!" faculty has invariably complied Since 1925, 1.3 students retiring president of the Student with it. per year have been convicted. Here Council, who was elected to Bison- at Law School, such a Court might | MARIE"S RESTAURANT "FOOD AS YOU LIKE IT" head, a men's honorary society of be composed of two seniors and the U. of B. two juniors elected by their classes HOME COOKED MEALS and one freshman appointed by the The library of the University of AYE near EAGLE 68 DELAWARE rest of the Court or the faculty. Buffalo School of Law is the reHoun: 7 A. M.-6 P. M. If any student saw cheating during very cent recipient of a valuable an exam, he would report it to the gift. Gen. Louis L. Babcock was Court. The Court would meet and of a comthe very generous donor suspect separateplete set of the American Journal call witnesses and ly. After a complete investigation, It Law. consists of of International unanimously deapproximately forty volumes. Both if the five judges guilty of faculty and students of the School cided the suspect were 9 W. Eagle Street he would be convicted of Law express their very sincere cheating, Phone WA 1800 of expula and recommendation appreciation to Gen. Babcock. sion would be sent to the faculty. ■"Otherwise he would be acquitted. U 16 E. Mohawk Street from The "A" men are the professors. The "B" men are the judges. The "C" men are the lawyers. The "D" men make the money. ny Buffalo, N. Y. 3 To effect the needed implementation of our honor system by such an Honor Court or by other t ! Your Student Book Store Saves You Money Hours Posted 515 WHITE BLDG Buffalo 3, N. Y. Mo. 969 �OPINION 4 Coming—"The Practice of Law" The SBA of ÜBLS, in conjunction with the ECBA, is planning a symposium on "The Practice of Law." Tentatively scheduled for the afternoons of Wed., Thurs. and Fri., April 16, 17 and 18, the symposium will follow the pattern of a similar program sponsored last year. It is hoped that this will lead to prospective employers becoming acquainted with the Student Placement Service of the ECBA. Prominent representatives of the local bar (?), business and government, will participate. Professor Albert R. Mugel, recently discharged from the Army, is arranging the program with the assistance of Seniors John Krull, Morton Abramowitz and Spero Llewellyn, Speaker (Continued Hilary P. Bradford, top man inJ the Junior Class, has editor of the Law Review. Business manager is Robert C. Schaus. Associate editors are Neil R. Farmelo, Ralph L. Halpern, Daniel T. Roach, Maynard C. Schaus, Robert A. Thompson. The Law Review staff is selected from the top fifteen per cent of the Junior and Senior classes. The staff elects the editors. The Law Review, founded a year ago, will publish its b^T>Jected Criminal Code (Continued from Page One) falo. He will spend the summer in New York City working at Columbia Law School, and, upon his return to Buffalo in the fall, he will continue his work with A.L.I, on a part time basis. The project will extend over a period of five years and is financed by a $225,000 grant from Rockefeller Foundation! Mr. Webster was also admitted to the United States Supreme Court on March 31. Basketball from Page Two) second issue about May Ist. The new editors will take over in aided by the addition of former September. Canisius Captain, John DeLuca, Sincere congratulations are ex- and a goal-getting senior, Don tended to the retiring members of Serotte. the editorial staff for their fine Registering crushing victories in work. They are: Alvin M. Glick, their games this year, the Law, editor; John A. Krull, business School teams dominated the. cammanager; Tom Kelly, Morree Le- pus intramural program. Both vine, John G. Wick, S. R. Miseren- teams entered the final game for dino (in military service), associ- the University Intramural Chamate editors; Mary K. Davey, Spero pionship with a 7-0 record. In this L. Yianilos, Phyllis J. Hubbard, game the Legal Eagles defeated John McKee, Alfreda Wilczek, edi- the West Eagles by a score of | torial staff. Bee. 34.66 P L A R U. 8. POSTAGE Page One) Law and their guests. His topic is as yet unannounced. Professor Llewellyn is the second speaker in a series of lectures sponsored under a gift of the late James McCormick Mitchell. He received his B.A. in 1915, LL.B. in 1918 and J.D. from Yale. He served Ss^. Visiting Professor of Law at Harvard University in 1948-49. Since 1951 he has been Professor of Law at the University of Chicago where he is at present teaching Elements of Law and technique of Legal Argument. He is the author of The Cheyenne Way and has served as draftsman of various Uniform Commercial Acts, acting as Commissioner on Uniform State Laws from I*Jew York from 1926 to 1951. Yianilos. Law Review Gets New Editorial Staff rrom (Continued 45-35. Service to the Legal Profession lc Paid BUFFALO, N. Y. Permit No. 311 . Hr. tfaUflr A, Kendall 27 Earwig J>r Snydter 21, N, T. 11.21 inasmuch as the student is already hit hard at the beginning of each from semester for tuition, books and year. The most serious contention what-nots. At that time students is whether the amount from each would not be able to give as much student should be assessed or put as they could at another time. on a voluntary basis. 2. Those who approve the anSince the purpose of this article is merely to obtain student opinion, nual assessment plan feel that it we might briefly mention the pos- would save class time necessarily sible consequences of any student taken for each and every collection. fund raising plan. But, wouldn't class time have to 1. Which method of contribut- be taken to decide the gift to be ing would yield the greatest re- purchased, or the particular manturn? "No one knows how many ner in which the money is to be occasions will arise during a year disbursed, or to work out other decalling for distribution of the fund. tails? How much should be set aside for Considerations of merit aside, the each cause and annual donation? proposal does indicate the existence It is possible that a specific assess- of the problem and the desire on ment of each student could take a part of the student body for a care of any situation. However, different solution. This might be since the more democratic way an excellent test problem for would be to keep it on a voluntary some duly authorized committee basis, the present method might of the Student Bar Association to work out to greater advantage grapple with. Let's look into it! What's Your Opinion? (Continued Page One) BETWEEN AND AFTER CLASSES Its McMAHON'S "FOR A MEAL OR A SNACK" 62 NIAGARA STREET BUFFALO. N. Y. DENNIS & CO. Inc. Publishers & Dealers Abstract & Title Insurance Corp. Law Books DENNIS BUILDING Ettablithed 1886 251 MAIN ST. Buffalo Rochester Lockport BUFFALO. 3, N. Y. w^ri CL 125 Phone 1 Sii � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1952-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 3 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1952 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bede9027ec6ea790c37e3161a4d4ec31.pdf 239142f28dedc8170082a3a920165f1d PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL Vol. 3—No. 3 OPINION FEBRUARY, 1952 Innovation In Comparative Jurisprudence This year marks the 175th anniversary of Phi Beta Kappa, foremost national honorary society, conceived as long ago as 1776 at the venerable College of William and Mary." Last December sth the Omicron Chapter of the University of Buffalo presented an eximious program in observance of this memorable occasion. Following the punctiliously executed initiation ceremonies, scores of members and guests retired to "Norton feasthall" on the campus to partake of an unusually fine dinner. Professor John T. Horton, head< of the Department of History and Government and current President of the Omicron Chapter, presided over the evening's festivities with Last week mimeographed copies dash and aplomb. After Professor of the proposed constitution of Horton's elaborately drawn open- "The Student Bar Association of ing remarks concerning the legiti- the University of Buffalo School of macy of the birth of contemporary Law" were presented to the stumembers as a sound claim in- dent body. The objectives of the new Student Bar, as set forth in herited from the mother society, constitution, are: "to promote Chancellor Emeritus Samuel P. the Capen welcomed the new lambs the general welfare of the Law School of the University of Bufinto the fold with a few poignant falo, to cultivate social acquaintwords to fan the irrepressible ance flame of academic freedom. Then facultyand co-operation with the and among the students of Chancellor McConnell suggested to the Law School; to secure the asthe audience the urgent need of sociation and good-will of the rapport and co-operation between members of the legal profession; the practical realists and the theto co-ordinate all student activioretical academicians, since both ties." groups are pursuing the same The Student Council has devoted ends through via somewhat diver- a great/TTeal of time and foregent means. thoughtIto the molding of this conThe highlight of the evening stitutions-wishing it to be clear in was an anxiously awaited and its conception and specific in its enthusiastically received address scope, yet flexible enough to acby Dr. Lenhoff of the Law School commodate any future wants or on the subject of America's con- needs of the Student Bar Associatributions to European culture and tion. society in the field of law. The Early this week the pouncil held germ of this idea was first dis- a special meeting to consider any, seminated in his Opening Lecture, suggestions or recommendations "The Role of the United States which had been proposed by the in the Legal Universe," at the student body, and to vote on a final University of Vienna School of draft. This final draft of the constiLaw April 30, 1951. The novel tution will be presented to the law purpose of Dr. Lenhoff's Phi Beta students for a final vote late this Kappa address was to single out week or early next week. If passed, "those legal creations which had the next topic on the agenda will their origin in the United States be the election of the members of and were subsequently adopted" the Board of Directors, as set in other countries, with emphasis forth in the constitution. upon the theoretical and humanitarian aspects. Indigent Prisoner It would seem that this is the antithesis of the conventional apProgram proach employed by scholars in contrasting and various comparing Within the short space of five features which American and months, the Indigent Prisoner European legal systems have in Program, installed by Mr. Webster, common. Traditionally, we auto- has grown to a smooth functionmatically assume that our Ameri- ing and well integrated system. can legal heritage is European in Originally a two-fold function (to Student Bar JURISPRUDENCE on page Two) (Continued PRISONER PROGRAM (Continued on Page Three) Conference On Local Government Mentionable .. Honor On\ February sth and 6th, The And, if I give thee honor Universjty of Buffalo with the (. cooperation of the Buffalo Law due, Mirth, admit me of thy .) School Alumni Association and crew, the Bar Association of Erie CounIs it so astounding that we as ty held its First Annual Con- students in professional school ference on Legal Problems of Lo- should be entrusted with the recal Government. Focal point of sponsibility of implementing an the two day meeting was the ad- honor system of examination? dress of Lieut. Governor Frank What possible legitimate argument C. Moore who spoke on the sub- can be voiced against a method of ject "A Road Map For Local taking examinations which has Government Lawyers." He cau- been tried and proven, even on the tioned those lawyers in attend- undergraduate level, in many proance that many statutes now on gressive institutions; which is no the books are invalid and remain more than an extension of strictly only because they have not been student disciplinary measures, altried in court. Some of these ready taken for granted in sundry laws were violative of the Con- other student activies and which stitution when passed, while relies solely upon the intellectual others failed to comply with sub- Integrity and moral courage of sequent constitutional amend- each and every student who, upon ment. He expressed the belief that reaching professional school, is asthe invalid laws constituted "dan- sumed to have attained a degree gerous legal booby traps" for of maturity sufficient to guarantee lawyers engaged in solving the the success of an honor system? law problems of local government, If we lack faith in ourselves, how and would fall if properly at- can we expect to gain the contacked. fidence and the respect of the comThe Lieut. Governor strongly munity whose service shall be our emphasized that local government livelihood? is "big business" and costs seven There is no room for individual times as much as state govern- student pessimism regarding the ment. To assist in financing local efficacy of a system the success of expenditures, more than half of which depends exclusively and enall state tax revenues are re- tirely upon unanimous student turned to the localities. Stressing support. It can only become unthe importance of local govern- desirable when the student shirks ment within our state structure, the responsibility of enforcement— he said lawyers, regardless of and this enforcement does not their particular type of practice necessitate an overt act toward are expected by the public to another, such as accosting susknow the workings of law ap- pected offenders. On the contrary, plicable to municipalities and dis- it simply requires that each student do no more than conduct himtricts. self in such a proper and sterling Professor William J. Lloyd of manner that he be above all susthe Syracuse University College picion and beyond any reproach. of Law, addressed the final ses- When it is realized that even the sion of the conference, speaking slightest deviation from the preon Municipal Court Liability. He scribed standard of behavior is to recommended establishment of a be interpreted as a breach of honjoint legislative committee to or, these aberrations will cease, or study the entire problem of munithose found guilty of committing cipal liability for torts. He claimed them will be expunged by conthat current court decisions are certed student action. Techniques based on insufficient facts and for the just and efficient trial of statistics on the causes, number, alleged violators will be drawn up types and effects of municipal upon the Inauguration of the Studtorts. The principal reason for his ent Bar Association,, and then subrecommendation is the continuing mitted to a student referendum. shift in case law since 1869. In Student comment on the value the past eighty years, the courts and fortune of an honor system have attempted to balance the has varied from "—like love, it's welfare of the individual against here to stay—" to, "Go home with the finances of municipalltes and that!" Those who find their symLOCAL GOVERNMENT on Page Thr«e) (Continued .. MENTIONABLE HONOR on Page Four) (Continued �OPINION 2 OPINION OP THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-Chief Don Holzman Business Manager Ben Berger News Editor James McFarland Feature Editor David Mix Copy Editor Lee Benice... Freshman Class Representative... Norma Spewano Advertising Manager Aaron Goldfarb Circulation Managers Lowell Gross Irving Shuman Secretary .Ann Skulicz Typists Dolores Bogulski, Sally Peard, Norma Spezzano. Faculty Advisor Charles Webster — Vol. 3—No. 3 FEB. 1952 Editorial: The recent innovation concerning the well known probation system has given students something extra to think about. This is particularly true of those in the Freshman class. In general it Is agreed that the system fe. designed to be, and is, advantageous everyone—particularly in so far as a definite basis is established for one's existence as a to law student. The issue to be presented here revolves around the question of doing something further to aid the lot of the student. It does not involve a dissertation on the problems inherant in a school of law, but, rather, deals specifically with the proposal of adopting a program of mid-semester examinations, which can be linked closely with the probation system. Probation can creep up on one unexpectedly and lead to a semester of tenseness and anxiety. Everyone knows this, but the Freshmen are perhaps most conscious of it now, because, In spite of the lectures and readings on how to study in law school, it took an actual exam session to show the necessity and lucrative possibilities of a continuous or periodic review. It seems rather hard to place such a person on probation after he has but one opportunity to show his qualifications and to be taught by experience. The first * semester provides one with a vast knowledge, as compared with the knowledge previously existing, re. what should be done and how to do it. It is generally not until the final exam period that this knowledge accedes to the fore- ground—the prior semester having served as a period of incuba- tion. Therefore it would appear that a system of mid-semester examinations could well advance the appearance of the above situation and yield a more beneficial result to both the law school and the student by diminishing the probation roll and eliminating for many the anxiety imposed by the system once a person becomes engulfed in it. The case for mid-semesters Is not confined to the Freshman class alone. It can be advantageous to everyone. A short mid-semester in each subject would later serve as a double basis for evaluation of a student and make things less contingent on that "one and only last chance." The student would be provided with an opportunity to judge for himself how he is advancing in a subject; to discover in which ones he is particularly weak and the ones to which more time should be devoted; and to see if he Is grasping them as well as he had supposed. This would eliminate feelings of false security, because students, very often unaware of their shortcomings, could gain a more accurate realization of their problems. In addition, a mid-semester exam period would create a compulsory review to serve as an impetus to improved study habits. Also, a mark at mid-semester gives a person something concrete on which to base his expectations during the waiting period from January to March and from May to July and thereby alleviates some of the suspense prevailing at these times. There also exists the possibility that a person entirely unfit for law might realize it at this time and depart at an earlier date to save his time and diminish embarrass- ment. Such a program would, of course, mean more work for the faculty—but it would not mean so much more as to make it prohibitive. The exams could be very only one question short or might even be such that the answer could be in outline form. It neeu only be long enough to fulfil the above purposes. Further advantages might well be seen once a mid-semester examination program is put in use. However, those already enumerated seem sufficient to warrant its at least on a temporadoption ary or trial basis. The proposal — — — has been made. OPINION? What is your Opinion Elects ... On Monday, February 4, 1952, the OPINION staff held its annual election meeting. The new staff is as follows: editor-in-chief —Don Holzman; managing editor —Stanley Grossman; business manager—Ben Berger; news editor —James T. McFarland; feature editor—David Mix; copy editor— Lee Benice; freshman class representative—Norma Spezzano; advertising manager—Aaron Goldfarb; circulation managers—Lowell Gross, Irving Shuman; secre- tary—Ann Skulicz; typists—Dolores Bogulski, Sally Peard, Norma Spezzano; faculty advisor Charles Webster. A vote of thanks was given to Morton H. Abramowitz, John Olszewski, and Morris Galpirln—retiring editor-in-chief, business — manager, and advertising manager respectively for their tireless efrorts in behalf of the OPINIOw Board of Managers Jurisprudence (Continued A review of the record of the Board of Managers for the past year has not been very exemplary in the eyes of many law school students. The reform movements, sponsored by the law school seat, (first by Marvin Marcus, then by Norman Kuehnel) have been sent to inglorious defeat. The first was a reform of the financial graft and corruption in the Yearbook, "The Buffalonian/*\ where members of the staff appropriated excess funds to their own use. This reform measure was sponsored no less than four times by your law school representative and each time sent to a 10-9 defeat. The second defeat, and perhaps the best known, was the sneaky 25% cut in the law school budget. Here again our forces were defeated by a 16-3 vote with three abstensions. The most recent defeat came when your law school representative tried to prevent the committee appointments of various parties on the Program Committee of the University. Subcommittees of the Program Committee, known for their partiality and favoritism, made the appointments and the cohorts of these "vested interests" succeeded i n railroading the Board into "rubber stamping" the appointments by only 1 vote more than the necessary 2/3. Your representative and a few others were impertinent enough to ask on what merits these appointees had been selected and who were the other candi- from Page One) / origin. Dr. Lenhoff has focused his scholarly talents upon the demonstration that to a large ex- many fields of the law the process has been just the reverse of what is normally supposed. He tent in graphically points out that very often it has been on this side of the Atlantic that basic legal principles have originated, and it was because of their fundamental character that they found their way into European law. Illustrations are drawn from practically all fields of the law. In point is the statement, "There cannot be any doubt that the great modern Charter signed in Independence Hall at Philadelphia in September 17, 1787, by the delegates of the thirteen independent states, which became the American Constitution of 1789, marked for the first time in the history of mankind the idea of a composite unit legally established as a nation transcending the limits set forth to the federal government as well as to their member states." Under the same head comes the introduction of the broader doctrine of separation of Church and State, and also the revered concept of judicial review. Further examples are taken from the fields of patent rights, the exercise of control over insurance companies, innovations in stock corporation law and, "the daring ideas to be found in the recent American laws concerning business and labor." Foreign adoptions from the field of criminal law stem from the American theory that the "ultimate aim of criminal sanction was to be found in the reform and re-education of the individual delinquent, in the promotion of social welfare." International law provided another important American reservoir into which other nations dipped for concrete methods "suggesting arbitral procedure for an adjustment of international disputes" as well as ideas ojj neutrality and the status of treaties in the law, which soon became the universal guiding light in seeking solutions to these and .. dates. We need a change. In the strongest terms, it is urged that the new Student Bar Association be ratified by the students. But in the interim, in order to coerce those groups who might hesitate to the relinquishment of jurisdiction over student activities in the law school, we as a group should try to gain one or more of the 8 seats at large on the Board of Managers. Many of this year's reform measures might have passed if we had had more members sympathetic to our views. Only by a concerted bloc movement with organizations, some of them on campus, can we succeed in such purposes. It is suggested that the Law School student council consider, other problems. this matter at its next meeting Our conclusion must be that and the results of their deliberations be given to the student body. Dr. Lenhoff's thesis is itself an Innovation of a type which requires keen and comprehensive Frosh Fun Fest mastery of both European and rarely found in Legion Memorial Hall at 3356 American onlaw scholars either side of the Delaware Avenue was the scene ocean. of the second Frosh Party, SaturA more detailed exposition of day evening, February 16th. Don Holzman, assisted by E. Rath, F. this general theme may be found Lanslll, R. Manz, J. Markarian, N. in the current winter number of the Spezzano, N. Szymoniak, M. Sle- BUFFALO LAW REVIEW in an gel, M. Strebel and B. Turner article authored by Dr. Lenhoff added the music of a smooth entitled, "America's Legal Invencombo for dancing and provided tions Adopted in Other Countries." free beer, thereby presenting an evening of enjoyment for the Self conceit Is one of the things freshmen and their dates. you can't get a mortgage on. ... �OPINION 3 Prisoner Program (Continued from Page One) procure for the indigent prisoner a full defense, and to give junior and senior Law School students some of the practical knowledge of our legal system) the program is on its way to extending its scope to another area. A tentative program has been arranged through the Veterans' Committee whereby legal aid will be given to those in active service and to those about to enter. In general the program works in the following manner: The Erie County Bar Association supplies the law school with a list of attorneys who have volunteered to handle cases of indigent prisoners. In turn the school provides the judges of the Criminal Terms of both the Supreme and County Courts with a list of fifty attorneys. The school also has on file, a list of juniors and seniors who have volunteered to aid the above attorneys in preparing the defense for the prisoner. After a judge has given the school the name of an attorney to handle a case, the student is selected. As the attorney may not wish the aid of the student, the student must first notify the attorney that he is willing to aid him, and must ask if he wishes such aid. Since the handling of an indigent prisoner case is sometimes an extra burden, the attorneys as a whole have welcomed the co-operation of our students. It is significant that the Indigent Committee Board has received \a number of letters commending the co-operation and ability of the students who have taken part in the program thus far. The amount of work actually done by the student depends on the attorney himself. It may include questioning the prisoner or the witnesses, or both. It may only Include a few details, which the attorney cannot find time to do himself. Needless to say, the more work handed to the student, the more he will learn before his ad- mittance to the bar. This is his opportunity to apply some of the theory he has learned from his case books. The record this far has been favorable to the program, although very few cases have gone to trial. Most of the cases have resulted In the attorney pleading to a lesser degree of crime. Some have resulted in suspended sentences. There has been one case that has actually gone to trial that has resulted in the defendant's acquittal. co-operation of the Civil liberties Union of Buffalo, the program has been able to give its attention to, and actually aid, some of the inmates of Attica Prison. Because of the able guidance of Mr. Webster and the enthusiastic co-operation of all concerned, the Program is well on Its way to be- De bonis aspertatus And O. C. F. Causa debendi In class with George Neff. Summary procedure And action In trover After you've learned It Again look it over. A fortiorari Disbarment proceedings Tired as hell For those Saturday meetings. Assumpsit, replevin Ab initio, and debt Common law actions Our only regret. Things weren't like this Back on the hill coming a permanent part of our Our only relief Is the Avenue Grill. Law School. Members of the Board of the If you search for the law Indigent Prisoner Program: SalOn leasing your cubicle vadore Capecellato—Chairman; Alone else has the answer freda WUczek—Secretary; Niel No sure that Don Lubick will. Farmello—Vice-Chairman; Morris But, be Galpirin, Charles Desmond, WilScope of lien liam Argentieri, Angelo Felice. And fungible bailments Prosser on Torts And aspirin on ailments. (Continued from Page One) —JEROME HARTZBERG Local Government the necessity of arriving at clear statutory law. It Is the task of the citizen, "to encourage that kind of study", he declared. Class Briefs The OPINION wishes to extend Co-chairmen of the conference its heartiest congratulations and best wishes to: Emit "The Duke of Saranac" Kratzer whose marriage to Miss Nancy Gabriel took place January 25th. District. Dan Roach and Miss Karin Brown of this city who recently announced their engagement. pQ< try were Professor Jacob Hyman and the Hon. David Diamond. It is hoped that in succeeding years the conference will embrace officials beyond the Eighth Judicial pfM— >fW >Q4 >A< m, TAX and TITLE Qeneial Onlutomce SEARCHES 16 E. Mohawk Street TITLE INSURANCE MO 1514 93 FRANKLIN ST. |CL 0737 l ■ "m-u—y-\rt< i* ;><><■■ ■ >ft< »r*« >n<-—tfw^ THE STUDENT LUNCH COUNTER "Good Food at Reasonable Prices" Law School Lounge Open Daily 8-2 Mrs. Ardelle Fowler, hostess A. N.Felice, Mgr. Freshmen Honored The four top men of the Fresh- man Legal Bibliography course were honored last week by receiving as a gift from the West Publishing Company copies of Ballantine's Legal Problems and Solutions. They were Jerome Adner, Don Holzman, Frederick Lansill, and David Mix. .. The AVENUE GRILL . FOR FINE FOODS COCKTAILS TELEVISION 70 DELAWARE AVENUE Buffalo, N. Y. WA 8914 Across from B. A. C. CROTTY'S PEACE PIPE BAR & LOUNGE LUNCHEONS 47 NIA6ARA ST. BUFFALO N. Y. MARIE'S RESTAURANT "FOOD AS YOU LIKE IT" HOME COOKED MEALS 48 DELAWARE AYE naar EAGLE Hours: 7 A. M.-6 P. M. SHERMAN'S LIQUOR STORE 9 W. Eagle Street Phone WA 1800 >f I Monroe Abstract & Title Corporation ARTHUR I. YELLEN Buffalo, N. Y. Freshman's Dilemma Bookstore now has: Roettschaeffer on Constitutional Law Prosser on Torts Prashker on Practice Bogert on Trusts Goodrich on Conflicts Richardson on Evidence Legal line fillers • Your Student Book Store Saves You Money Hours Posted For Prompt & Efficient Service HANNON Real Estate Co. Real Estate and Insurance John P. Honnon office FA 3914 809 Abbott Rd. Buffalo. N. Y. PROFESSIONAL PROCESS SERVICE at NEW LOCATION 515 WHITE BLDG Buffalo 3, N. Y. Mo. 9697 �OPINION 4 will now give more difMentionable Honor structors ficult exams (undoubtedly in an (Oontinued from Page One) effort to prevent the student from pathtes aired by the latter expres- being tempted to forsake the sion belong to a not-too-vociferous straight and narrow for a less repminority, whose view of human nature has been (unnaturally and certainly prematurely) calloused by past experience, and who are devoid of any great hope for the future of mankind—and all this despite a confirmed belief in the legal principle that a man is Innocent until proven guilty. We of unabashed naivete believe our only heresy Is that we gladly assume the burthen of responsibility—to ourselves, our colleagues and our community—which less impetuous persons will arrive at finally, but with greater deliberation. Ultimately, of course, students will simply regard the honor system as a manifestation of implicit mutual trust, and each shall assume, without pause, conformity to the highest standards of good sense and superior character. A descent from the nebulous realm of the ethereal brings us to those buttresses of the honor system which are more easily detected in its design and architecture, but the strength of each is preserved in the resolute foundation suggested above. Thus, some of the problems and possible solutions are the following: 1. Proctors as an unnecessary expense—their presence is ornamental and serves no other ascertainable function than the excitement of increased nervous tension in some students. 2. Law exams do not easily lend themselves to community efforts. They presuppose a definite talent for analytical thinking, and require the sharpest accumen in the application of retained legal knowledge. No auxilliary devices or crafts are substitutes for these necessities. The temporal factor must also be considered a deterrent of some magnitude. 3. A student complains that in- See. 84.86 P L 4 R U. 6. POSTAGE lc Paid BUFFALO, N. Y. Permit No. 311 utable path). This is unfortunate indeed. However, our purpose in the study of law is to acquire a familiarity with the law proportionate, at least to our ability. 4. Let's face it—if we are honestly incapable of passing law exams the chances are extremely slim for either happiness or success in the legal profession. The argu- ment most damaging to this point is a reference to some of the characters who have managed to slip into the field. Our rebuttal is that we are endeavoring to halt this malignant evil that corrodes slowly and fatally an otherwise sound, healthy body. Romp 5. Admittedly, undue importance is placed upon the final writThe Cold Spring V.F.W. Post ten exam. We feel that the honor was the site of the Junior Class's has psychothe beneficial system most successful party to date as logical effect of mitigating the it held a gala Valentine Party on pressure which builds up in the February 16th. The large attenstudent at exam time by aiding dance can be attributed to the efhim in learning to take them in forts of Frank Cuomo and Jerry his stride. Lajacono of the ticket committee. 6. Students complain that They instituted a innovation by should one of our brethren become appointing a ticket salesman for corrupted the sacred grading scale every row in the room. Each Junwould be dashed assunder. Though ior was approached personally, we strongly doubt this, the intima- which resulted in the large crowd Junior's Coming Soon This year's Barrister's Ball committee has started making plans for an evening destined to compete favorably with the outstanding counterpart enjoyed by so many last year at the Brookfleld Country Club. At this time information as to price and place is not yet available. However, the tentative date to keep in mind is around the 18th or 19th of April— the first weekend following Easter. by The committee, headed George Grobe, chairman, consists Ted Desmond, Schell, of Charles Jim Sworobuk—tickets; Don Holzman, Janet McFarland, David Mahoney—publicity; and John Olszewski—orchestra. Start making your plans now to come. Remember, this is this semester's big event and will be semi-formal. tion has its salutary effect in that that attended. it acts as an impetus for each The Connecticut Yankee, Terry student to face squarely his per- Duro, was in charge of the laughsonal responsibility and collective ter department and presented an duty. hour of entertainment, featuring In conclusion let it be said that a comedy team and an original the honor system is to us an in- one act play. The fire water novation, the obligations and re- flowed freely under the capable sponsibilities of which we should direction of Joe Marion, much to gladly shoulder. The superfluous the delight of all, including that authoritarian trappings of other promising Oregon barrister, Lammethods of examination have bert Haley. proved futile in curing the dreaded disease and ineffective for its preBETWEEN AND AFTER CLASSES vention. There is no sounder arguIt's ment in support of the position that only the students can best discipline themselves and their "POR A MEAL OR A SNACK" McMAHON'S fellows. 62 NIAGARA STREET Service to the Legal Profession BUFFALO, N. Y. DENNIS & CO. Inc. Publishers & Dealers JA 'BOW ■ Abstract & Title Insurance Corp. OJ Vi/3' Buffalo Law Books DENNIS BUILDING EiUbllthed 1886 Rochester Lockport 251 MAIN ST. BUFFALO. 3, N.Y. m^CI-iiSo CL*' «ii Phone � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/df33d8b652614b9214b4158728c30374.pdf 37385288b45ca11b9895a054aa814a51 PDF Text Text UNIVERSITY OF Vol. 3—No. 2 BUFFALO LAW SCHOOL OPINION DECEMBER, 1951 Students Presented With Proposal Dean Stevens Speaker For New Student Government Before By SHELDON HURWITZ Niagara County Bar Association Webster Speaks At Golden Jubilee Of Probation Officers An address was recently given Dean Stevens at a On Tuesday, October 16th, 1951, associations; their place in the education and activities of the scheduled meeting of theregularly Niagara Professor Charles Webster was student of law, their value to faculties and to the legal profes- County Bar Association. Dr. asked to speak before the "State sion, and the objective, the feasibility of a student bar at the Stevens spoke on The Changing Conference of Probation Officers," Law School Curricula. At present, marking "The Golden Jubilee of University of Buffalo Law School. the dean is an expert in the field The Legal Establishment of ProWhat is a Student Bar Associa-4 due to his close connection with bation in New York State." The organizations: a student council, the American Bar Association's Conference, which ran from tion? From the understanding of a a Octostudent newspaper, a bookstore, novice of the entangled workings a committee that supervises the Committee on Standards and Cur- ber 15-18, was held at the Hotel ricula in American Law Schools. Niagara, Niagara Falls, New York. of bar associations, a student bar, lunch counter, a Law Review, an He is also chairman of the a Mr. Webster as its name indicates, is an organ- indigent prisoners organization, a Association's the investigating commit- fully prepared deliveredon careaddress "The ization comprised of students pre- moot court program, a student tee on Law School admissions, Evolution of Probation In Ameriparing to enter the legal profes- luncheon club. Some of these or- concerned mainly with the pro- can Law." The speech, brief, in sion and becoming members of the ganizations are completely indeblem of standardizing requirements bar. In the schools that have stu- pendent of the others, some are for admission to accredited 1 law traced the historical development probation system of the (almost financially dependent on dent bar associations, from its each schools. inception through its present day every accredited law school in the other in the most odd manner, form. country has a student bar; from most of them have separate Harvard In his opening remarks, Prof. to Louisiana, from checking accounts, and there is Georgetown to Notre Dame) every no central coordination of their Webster said, "In my understandlaw student is usually an automa- actions. There is no before-hand ing, probation fulfills two primary tic member of his or her student clearing of dates for activities, a functions. First is the pre-sentencThe first round of the annual ing investigation, which is debar organization. The objectives of truism because of the lack of a Intercollegiate Moot Court Com- signed student bar associations are simple supervisory organization and the petition, which yearly attracts the to present to the judge an and worthy. They primarily at- apathy of one group for the best of the future appellate jurists objective, factual analysis of the tempt to bridge the gap between other. Student activities have one from every major law school in delinquent's background, so that student and lawyer by introducing faculty advisor whose job is made the country, was held Novem- the judge may be better equipped students to the professional pro- all the more difficult by the ab- ber 30 at Albany. U. B. Law to determine the proper disposition blems they will face after their sence of any directing student or- School, always well represented of the prisoner. The other function in this contest, sent a for- Is to supervise the activities of admission to the bar. They usually midable team to the state capitol those persons who, the court feels, STUDENT GOVERNMENT work hand in hand with City or in the persons of Bob Liebman ought not (Continued on Page Four) be placed behind bars. County Bar Associations in their and Neal Leavell, both seniors, Probation is not, committee work, and are active in and should not and Don Mahoney, a junior. This as a form of punishconsidered, legal aid programs. Student bars Buffalo Law phase of the competition involved be Review ment different in nature, though assist in after graduation place8., Cornell, and Albany Law not in substance, from incarceraments and summer clerk work. Coming This Month U. Schools. tion Probation must not be They assure every student a chance The case is a complex one, confor participation in some extraThe second issue of volume I cerning the constitutionality of considered as an end in itself, rather as a means toward scholastic activity. They serve as of the "Buffalo Law Review" will the many aspects of the Congres- but a medium for expression of stu- be distributed during the latter sional Investigatory Powers. John two ends—that of the treatment dent views and as a liaison be- part of December. Featured in Doe, the mythical appellant, has of criminals, and that of the abotween the student body and the this issue will be three leading been convicted in a federal dis- lition of crime." administration of the law school. articles. trict court on a number of crimMr. Webster then went on to inal charges arising from a con(The directors of student bars are One is entitled Wartime Security gressional hearing, and has ap- say that even in the early days of English law, such rights as analogous to our present repre- and Liberty Under Law written by pealed to the United States Su- "Benefit of Clergy," sentatives from each class, our Robert H. Jackson, Justice of the preme "Judicial ReCourt. Mr. Doe was repre- prieve" student council.) Student bar as- United States Supreme Court. An- sented by the U. B. triumvirate, and "Right of Sanctuary," sociations besides fostering profes- other is authored by Dr. Arthur who however also prepared were the embryonic stages of what sional activities are in most schools Lenhoff, Professor at the Univer- the respondent's side of the case. we now know as probation. the instrument for social extra- sity of Buffalo School of Lav/, The finals will take place in "The term probation was first curricular doings. and is entitled America's Legal In- New York City, December 13-14, used by John Augustus, who is The Need for Student Activities ventions Adopted in Other Coun- and will bring together the region- generally credited with the inal winners in an elimination-type troduction of the practice as well Co-ordination: Law School student tries. ■ ) bar associations are usually efThe other article is entitled Or- series. The last two teams to as the word." The Prof, told the will plead their case be- group that John Augustus was ficient organizations of student ganization of the Federal Govern- survive fore Associate Justice Harold H. a Boston shoemaker who became government as they bring all stu- ment. For the Current Defense Burton of the United States Su- a consistent benefactor of people dents and all their activities into Production Program and is written preme Court. one coordinated group. With com- by Charles Kendall, General Coununable to pay their fines. It was plete deference to our honest and sel for the Defense Production The Opinion gratefully acknow- largely through the work of this hard working student organiza- Administration, and a University ledges the financial support given Boston cobbler that Massachusetts tions they are not working smooth- of Buffalo Law School alumnus by the V. B. Law School Alumni passed the first legislation appointly together and thus their well (1933). Association and commends every ing a probation officer in 1878. spent labor is not put to its There will also be eighteen stud- active member of that organization greatest utility. For example, we ent contributions, and several for also supporting the Intermural WEBSTER SPEAKS (Continued on Page Two) have at least the following student book reviews. Moot Court Competition, The student council is hard at work studying student bar by U. B. Barristers Argue In Albany . . . 1 . �2 OPINION OPINION OP THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-Chief Morton H. Abramowitz Managing Editor Ben Berger Business Manager John Olszewski Circulation Editor .... Stanley Grossman Advertising Manager....Morris Galplrin Secretary Ann Skulicz Typist Dolores Bogulski Reporters: Lee Benice, Aaron Goldfarbe, Lowell Gross, Don Holzman, Bryant Kurtzman, David Mis, Irving Shuman. Faculty Advisor Charles Webster Vol. 3—No. 2 DEC 1951 .. Editorial: . When in the course of human events The Board of Managers recently gave the Law School a rather thorough lesson in autocratic demagoguery. Through the tight control enjoyed by that body over the disbursement of student funds, it has attempted to dictate policy to a group of autonomous students of the University who have a bare minimum of contact with the campus proper. In effect, the board has decided for the group, namely, the* Law students, that certain of the group's activities are unnecessary. For the edification of those students who fail to understand how a foreign power, as It were, can interfere in the domestic internal affairs of the Law School, and arbitrarily substitute its wishes for those of the group, a word of explanation is in order. Among the fees collected from the students matriculating at the university is one for $13.00, entitled Student Activities. It is from this fee that the power described above is gained, for $2.80 of it is channelled directly to the Board of Managers, to be distributed "for the benefit of the students." Through this control of student finances, The Board has set itself up as a beneficent despot, and through its use of a wide discretion, has managed to extend its power to encompass virtually every student activity. As is true with all despots, enlightened or otherwise, power has brought with it a thirst for more power. Through the "wise" use of its discretion, the Board has brought under its direct control the student newspaper, Spectrum, and has claimed a veto power over the right of any other newspaper to go to press—witness the dimise of the Engineering School paper. That a governing body, such as exists on campus, dominated as it is by special Interest groups, is capable of wielding such power is indicative of an immediate need for sweeping reform. The Law School grievance is simply stated. While it may be true that individual campus students are rarely directly affected by action of the Board, and there- fore are perfectly willing to re- can prsperly be called a newsmain passive under the present paper, the main objection of the iniquities of the student govern- line of reasoning adopted by the ment, the law student, due to his Board runs to things much more lack of contact wih the campus, basic. The concept of a free press is extremely sensitive to an abuse doesrtiot embody and will not perof power when that abuse is di- mit encroachment by would-be rected at him. This is due to an oligarchies which are deluded by inherent resentment of "foreign" visions of their omnipotence. The rule. It should be remembered attitude of the Board of Manathat for law students the campus gers is as viscious an attempt at holds little attraction, and situ- thought control as any attempted ated as he is in downtown Buf- by fascistic or communistic forms falo participation in student activ- of government. It strikes at the ities on campus is, as a practical very roots of our democracy, and matter, impossible. In the past, the cannot be permitted to go unBoard, in its enlightened des- challenged. If it is the considered potism, has recognized this fact opinion of the members of an by returning to the Law students autonomous body, such as exists the entire amount contributed by at the Law School, that their them to the student activity fund. funds be used to provide a means This year, however, the board has of expression for their own arbitrarily decreed that 25% of thoughts,alien no super governing the funds contributed by the law body has the power to gainsay students shall be Tetained for their desires. To permit it could campus use. In addition, after only result in the destruction of graciously agreeing to return 50% certain inalienable rights guaranof the fund, the remaining 25% teed by the Constitution of the has been placed in trust, to be United States. withdrawn only upon a showing, In the final analysis, the preto the satisfaction of the Board, sent system of control is intolerwisely be that the funds are to able to the law students. The used. The net result of this ac- only alternative appears to be only not tion is that the board withdrawal from the oppressive substantially reduced the hierarchy of the Board of Manahas law student gers. As was so eloquently said amount available for but has also effectively 177 years ago, "When in the judgsupplanteitthelaw'students' course of human events it becames ment by its own as to when the necessary for one people to disfunds are to be considered as well solve the political bands which spent. That this state of affairs have connected them with another, is absolutely ridiculous was clear- and to assume among the Powers ly shown at a recent Finance of the earth, the separate and . Committee meeting (Board sub- equal station to which the when a law school Laws of Nature and of Naapplication for funds was turned ture's God entitle them, a descent down for no better reason than respect to the opinions of manthat the desired withdrawals were kind requires that they should defor projects "administrative" in clare the causes which impel them nature. And what were these ad- to the separation." ministrative projects? A student a Indigent Prisoner Program, Webster Speaks student Buffalo Law Review and (Continued from Page One) James McCormack a student Mitchell Lecture Series (the last speaker was the honorable Jack- "There is little doubt that the son, Associate Justice of the Su- convincing factor of the whole preme Court). Each of these pro- thing was its economy. You can grams is student run, and what preach all you wish of the deis more, an integral part of every sirability of a reform, but the law school of note in the country. language, unfortunately, that the That the Board of Managers does businessman and too often the not understand what these pro- legislator understands is the langrams mean to the students does guage of the dollar." not excuse the action. It merely At one point in his address, provides added reason for denying Mr. Webster attempted to show the Board any right to manage the unreliabilty of statistics, in the student funds of the law the field of social science, and school. What right does a govern- he was inspired to relate the foling body have to kill student pro- lowing incident: "It seems that jects the value of which they a hotel in my home state of know nothing about? Wisconsin had a sign in its lobby In addition to denying the use which read, 'Statistics prove that of funds for the above worthwhile in a well-sprinkled building there projects, the board also paralleled is little or no loss by fire. We its action with regards to the are glad to notify the guests of Engineering School by denying our hotel that every room has funds for the Opinion, the student a sprinkler in it.' The sign inpublication of the Law School, for spired one of the guests to comno more valid reason than that pose the following verse:" one paper (Spectrum?) is enough Now I lay me down to sleep. for any school. While many law Statistics guard my slumber deep, students doubt that the Spectrum If I die t am not concerned, committee) I may get wet, but I won't get burned. Later in the talk Prof. Webster pointed out that much of the value in any progressive system, such as probation, is lost because of the lack of proper counsel for the indigent prisoner before arraignment. "But let us consider an indigent person arrested for the same crime. He is held in jail until his trial comes up. In the September Criminal term of the Supreme Court of Erie County many of the prisoners tried had been indicted in May 'or June for crimes committed in April or May. Sq. for those who have no money, it has meant that they have been confined in the Erie County Jail for a period of four or five months awaiting trial. Isn't this helping to defeat one of the primary aims of probation? Isn't the stigma of the Erie County Jail as bad as the stigma of any other penal institution? Aren't the bad associations forced upon the prisoner in the Erie County Jail as harmful as associations with third and fourth offenders in the state institutions? It seems utterly illogical to me that a man who is found to be fit for probation after he is found guilty, should have been confined four or five months while this determination is made. In this regard, the processes of justice will always work more slowly for the poor than for the rich." Another area of contention in the field of probation, which Prof. Webster commented on, was the lack of proper training in the law schools for themen who will someday be on /"fne Dench and pleading at the bar. The Prof, found the textbooks used in such a basic course as criminal law totally lacking in any sections devoted to the social and scienti- fic approaches to the subjects of sociology and penalogy. Mr. Webster then quoted from Judge Jon- who said, mind that the law student without social vision becomes the attorney and judge without social vision, we should see to it that he is trained to deal with social service problems connected with the administration of the law, while yet in law school." The address, in closing, warned athan G. Goldstein, "Bearing in of the danger in any widespread use of such devices as the in- determinate sentence. Prof Webthat while we may-/ be dispensing with fixed sentences in some areas as progress, we should be very careful that this great discretionary power is not abused. The closing sentence, directed to the probation officers in attendance, warned, "You people will have a great voice in the future of criminal punishment in this country. Use the power wise- ster commented �OPINION Legal Capers; Freshman Dance The only unhappiness concernheld by the Freshman Class last November ing the recent party 3rd was lamentedly expressed by those members of the class who for one reason or another were unable to bring a date and join in the festivities. Of the approximate one hundred persons attending it would not be a gross exaggeration to say that everyone enjoyed Tiimself immensely— including those members of the faculty who were present. Illustrative of dormant class talent which was unleashed were the fancy caperings of presumably sober students on the dance floor,, and the ""lavish decorations. Ex- amples of the cleverly interpretive cartoons generously displayed were: a convict clinging to prison bars, labeled "a term for years;" a seal resting contentedly on a contract, entitled "a contract under seal;" and, a tombstone bearing a touching inscription to the Dean's faithful and unflagging colleague, engraved "Here lies Keikwin." The evening was climaxed by the presentation to Mr. Lubick, real property instructor, of a bundle of sticks—emblematic of the physical conveyance of seisin from lord to tenant in feudal times. An absolute fee simple was not granted, however, in as much as one of the sticks was removed from the bundle, thus depriving the tenant of the advantages accruing to a freehold estate. McDonald Addresses Law School Luncheon The annual Law School Luncheon was held on Monday, November 19, at the Park Lane apartments. Prof. McDonald of the Cornell Law School faculty was the principal speaker. Speaking with a force and vigor rarely Witnessed by the students, the professor enthralled his audience with an inspiring talk on "Change and the Law." By the time he had completed his talk, he had managed to breathe unexpected life into such previously lustreless cases as Slade's Case and Matter of Halpern. Those in attendance who recalled Slade's Case as a four-line insert in a casebook were intrigued when for the first time they became acquainted with its historical background. Imagine a case in which the Queen's attorney represented the plaintiff and Sir Francis Bacon appeared for the defendant to argue a case over 40 shillings before all the Lords and Barons of the Privy Council. What more classic example of the ingenuity of the English Courts could be presented? Prof. McDonald was Introduced to the students by Dean Stevens. The chairman was Morton H. Abramowitz, ably assisted by Morris Galpirin, John Olszewski, Bill Argentine, Anthony Rottella and Anthony Leone. .. The AVENUE GRILL FOR FINE FOODS COCKTAILS TELEVISION 70 DELAWARE AVENUE 8914 WA Buffalo, N. Y. Across from B. A. C. The first year students inspired by Don Holzman and his committee, are to be heartily congratulated for their splendid cooperation and the essential cohesive spirit they have demonstrated in this their first venture in the promotion of a purely group function. ARTHUR I. YELLEN Qett&ial 9*tU*tatice 16 E. Mohawk Street Buffalo, N. Y. MO 1514 Classroom Profile 1 j «' o 3 SEARCHES 0 TITLE INSURANCE I|CL 0737 93 FRANKLIN ft THE STUDENT LUNCH COUNTER "Good Food at Reasonable Prices" Law School Lounge Open Daily 8-2 Mrs. Ardelle Fowler, hostess A. N.Felice, Mgr. connected serve Bank of Dallas from '43 to '44, and vyith the Securities Exchange Commission from '44-46. Mr. Gregory is also a Certified Public Accountant, and a member of the International Accountants' Snyder Village. TAX and TITLE 1 with the Federal Re- is married and the Mr. proud father of three children. He is at present a resident of 0 o and at Northwestern University. Blending well with his college career is a practical knowledge of the business world gained while Gregory fi Monroe Abstract i° &Title Corporation !U ! ST.| s The election for the Law School seat on the Board of Managers to fill out the remaining portion of the term to which Marvin Marcus was elected last spring was held on November 1, 1951. Marvin Marcus resigned from the position A newcomer to the teaching staff of the Law school is Robert H. Gregory. Mr. Gregory has been associated wjth the University of Buffalo ~tef the last two years, last May and until November the teaching Advanced Accounting, law school seat was vacant. Accounting System and Advanced Candidates for the position, all Accounting Problems for the of them Juniors, were Richard School of Business Administration. English, Thomas Fortunato, NorThis year he was engaged by the man Kuehnel and Roger Stickney. Law School to teach a course in After a campaign complete with Beginning Acounting for the bene- posters, lapel buttons and stump fit of those embryo lawyers whose speeches, balloting was held in the college backgrounds are strangely Student Lounge. Norman Kuehnel barren with regards to this im- was elected according to the final portant subject. tabulation by a plurality, of 8 Gregory brings to Law votes. Mr. the School a rich and varied background. He spent his undergraduate days at the University of Texas, graduating with a Bachelor of CROTTY'S PEACE PIPE Science degree in Chemical Engineering. He stayed on at Texas BAR & LOUNGE after graduation., receiving a MasLUNCHEONS ter of Business Administration degree and finally in 1944, his PhD. 47 NIAGARA ST. BUFFALO N. Y. Prior to coming to U. 8., he taught at Texas, at Texas Christian, at the University of Chicago, Society. 0 0 Robert H. Gregory 3 Kuehnel Elected Bookstore now has: Roettschaeffer on Constitutional Law Prosser on Torts " Prashker on Practice Bogert on Trusts Goodrich on Conflicts Richardson on Evidence • Legal I'nc fillers • Your Student Book Store Saves You Money Hours Posted MARIE'S RESTAURANT "FOOD AS YOU UKE Tt" HOME COOKED MEALS 68 DELAWARE AYE near EAGLE Hours: 7 A M.-6 P. M. SHERMAN'S LIQUOR STORE 9 W. Eagle Street Phone WA 1800 For Prompt & Efficient Service HANNON Real Estate Co. Real Estate and Insurance John P. Hannon office FA 3914 809 Abbott Rd. Buffalo, N. Y. PROFESSIONAL PROCESS SERVICE at NEW LOCATION 515 WHITE BLDG Buffalo 3, N. Y. Mo. 9697 �4 OPINION Student Government (Continued from Page ; One) It is hoped that a student bar association will effectively pyramid all the student activities and organizations under one association. The Financing of Student Activities: Every student is charged $13.00 for General Activities when paying tuition and fees; $10.20 of which is for the athletic book of tickets, the remaining $2.80 is deposited with the Student Activities Committee, (S. A. C), on campus from which the student councils of the various divisions of the University draw on by voucher. This year the Law School Student Council was allowed to reclaim $2.10 for each enrolled law student. Every voucher for a law school activity must be approved by the S. A. C. It is obvious that this method of financing the student activities in the Law School is cumbersome for the University and not altogether just for the School of Law. It is possible that a student bar association being devoted primarily to professional legal activity would not be classified as the common University student council and therefore the fee the student now pays would go directly to the student bar replacing the present ganization. grant-in-aid system. The American Law Student Association (A.L.S.A.): The A.L.S.A. is a nation-wide organization of student bar associations at 82 law schools. It is sponsored by the American Bar Association and the Junior Bar Conference. Its purpose, is to provide a national organization of law students so to exchange ideas with students from all parts of the nation. It attempts to achieve this purpose through a national conference held annually and periodic circuit conferences. A student bar association at the University of Buffalo would qualify it for active membership in the A.L.S.A. Organizing a Student Bar: A committee will go to Cornell to observe the workings of their student bar which previous information indicates is a strong student organization with all students members and all participating in the student bar program. This will enable the students at our law school to be presented with a tentative working plan to aid in deciding whether we should have a student bar. A referendum of the entire student body will be conclusive of ratification or rejection of a student bar association. The student council unanimously feels a student bar association is needed at the Univeristy of Buffalo School of Law; an organization that will allow every student access to the training indispensible in the practical business of being a lawyer, and will expedite coordination of student organizations at the Law School. Mobile Blood Unit Comes to Law School On Tuesday morning, November 1951, a Mobile Red Cross Blood Unit set] up operations at the Law School. 107 members of the student body participated in the donation of life-giving blood so badly needed in these critical times. The Student Lounge was completely taken over by the blood bank operators for the occasion. Angelo Felice good-naturedly gave up a day's profits from the lunch counter, in addition to a pint of blood. Even the card players grudgingly assented to refrain from "eating hearts", so that a few American fighting men might have a few additional pints of blood to keep their hearts pump20, ing. The man responsible for supplythe impetus for this patriotic endeavor on the part of the law students was Sheldon Hurwitz ably aided by David Mahoney, Joseph Tisdall and John J. Callaing han. Sec. 34.66 P L & R U. S. POSTAGE lc Paid BUFFALO, N. Y. Permit No. 311 visioned, there would be no informers needed for the students would take care of their own. As an example, suppose B and C were communicating during an exam. A, sitting in the back of the room, glances up for a second and observes the machinations of B and C. Immediately, he points out B and C to his classmates and orders Ihem to cease and An Honor System A concrete proposal has been placed before the student council with regards to an honor system for the taking of exams. For the first time in the two years since the debate began, the students are to be presented wih an opportunity to pass on the merits of the system from a background of know- desist. The embarrassment alone ledge of what the system will should be enough to stop the neentail. In brief, Dean Stevens is farious activity. If, however, furstrangely in favor of an honor ther action seems to be in order, system run and regulated by the than A, in the company of a few student body. As he points out, classmates, could take the wrongan honor system is only as good doer, or wrongdoers, behind the as the students are willing to mess hall, as it were. Such action make it. Without the cooperation would guarantee that there would of the students, any honor system be no repetition of the related would soon degenerate into a events in future exams. ridiculous farce. Consequently, Dean Stevens is in favor of a system whereby each and every student, and no one else, would provide the check on a chiseling classmate. Under the system en- BETWEEN AND AFTER CLASSES It; McMAHON'S "FOR A MEAL OR A SNACK" 62 NIAGARA STREET Service to the Legal Profession The beauty of the system lies in the fact that enforcement would rest solely in the student body. A great deal of the sordidnessjnherent in an informer system is thereby removed. BUFFALO, N. Y. DENNIS & CO. Inc. Publishers & Dealers Abstract & Title Insurance Corp. Law Books DENNIS BUILDING Established 1886 Buffalo Rochester Lockport 251 MAIN ST. BUFFALO, 3. N. Y. <C „. . Phone r CMl™» � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1951-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a580ca1db20b6ffa0f3ba462774759f8.pdf 8f4c07c0f93ea5634ad652fae0988634 PDF Text Text LLIBRAAWY UNIVERSITY OF BUFFALO LAW SCHOOL MOFIAMI UNIVERSTY Vol. 3—No. 1 OPINION OCTOBER 22, 1951 Efficacy of the Jury System A Trial Judge Looks at the Jury By LEO J. HAGERTY Justice, Supreme Court Student Council Prof. Lenhoff Elections Held; Returns From Officers Selected European Trip The annual student council elections were held on Wednesday, September 26. Jack Gruber was elected President of the council by the Senior class. The Seniors also sent to the council as their repreis system sentatives Mary Ann Killeen, Editorial Note: This in the sixth and la«t article dealing with the efficacy of the jury system. The serleft has included the viewpoints of a juror, a trial lawyer, a sociologist, a psychologist, an appellate justice and now a trial judge. The author received his LXJI. from the University of Buffalo. He was engaged in private practice for six years and served as District Attorney of Erie County for nine years prior to ascending to the bench. My opinion as a trial judge in respect to the jury necessarily the product of my experiences in several other capacities too. The steps that led me to the bench could not have been taken without having some effect on my present opinion. Years as a newspaper reporter found me in the courts, federal and state, listening to trials of many kinds of cases. Then as an assistant prosecutor I tried hundreds of defendants for various crimes. Six years—l 932 to 1937—were spent in private practice when I defended persons charged with crime and also got into civil trials. Then I was nine years district attorney before < ascending to the bench. My present opinion of the jury system is not at all what it was at times as I trod the road that brought me to the point where I wear a black gown. I imagine that I was no different from other lawyers who spent much time in courts trying cases, particularly in my early days at the bar, when I gave vent to opinions about individual juries or jurors or about juries and jurors in general that were probably unprintable and uncalled for. Right now I firmiy believe that there is nothing which may be considered as anywhere near a worthy substitute for the jury system. The jury system Is not perfect but that is one of the chief reasons why it is so perfect for) deciding justice among us humans. We probably would not comprehend or be in sympathy with perfect justice. That is what we expect to get in the next world. Juries possess all the frailties of human nature and therefore naturally have a tendency to make all the mistakes that humans make as individuals. It is just great to watch juries struggle and pretty generally succeed in avoiding sympathy and prejudice, which are attitudes that are so common among all of us. I started to learn about juries and how much smarter they can be than they look when I was an assistant district attorney. Probof the most interesting ably one JURY SYSTEM (Continued on Page Four) Students Advised To Submit SSCQT Applications Now Applications for the Decem- ber 13, 1951 and the April 24, 1952 administrations of the Col- lege Qualification Test are now available at Selective Service System local boards throughout the country. Eligible students- who intend to offer this test on either date should apply at once to the nearest Selective Service local board for an application and a bulletin of information. Following instructions in the bulletin, the student should fill out his application and mail it immediately in the envelope provided. Applications for the December 13 test must be postmarked no later than midnight, November 5, 1951. According to Educational Testing Service, which prepares and administers the College Test for the Selective Service System, it will be greatly to the student's advantage to file his application at once, regardless of the testing date he selects. The results will be reported to the student's Selective Service local board of jurisdiction for use in considering his deferment as a Qualification student. James Leising, David Mahoney and Morton Abramowitz. In the Junior class Sheldon Hurwitz, Marion Tizzano, Frank Cuomo and Joseplh Marion were chosen. In accordance Professor Arthur Lenhoff, noted author, teacher and lecturer, recently returned from a successful speaking tour of the European Continent. Taking advantage of his sabbatical leave from the Law School faculty, Dr. Lenhoff planned his trip in response to lecture invita- tions from legal circles in Belgium, Austria, Sweden, and Germany. The Professor took leave from with precedent, the council, at a his teaching position at the end of special meeting, selected Robert the first semester of last year and Lanigan, Frank Darlato, John Cal- delivered his first lecture in Bellahan and Leo Lyenette as repre- gium on American Labor Law. An sentatives from the Freshman unusually large audience turned class. These appointees will serve out to hear the Professor's disuntil February, when the Fresh- sertation, along with many noted man will hold their own elections. international labor leaders. They The student council chose as its included such men as Joseph N. Vice-President Morton Abramo- Bryan, labor attache' of the E.C.A., witz. Joseph Marion was elected and chief of the labor division of Treasurer and Frank Cuomo was our Embassy in Belgium, Paul elected Secretary. Henri Spaak, former prime minThe student council will con- ister of Belgium and Spiritual head tinue to supervise the Co-op Cafe- of the movement to unify Europe teria in the student lounge. Gerard under the European Council, Paul Walters has been appointed head Finet, General Secretary of the of the lunch counter commission Confederation of Free Trade and Angelo Felice was confirmed Unions, of which the ■ C.1.0. and as the new manager. Richard Pfeif- A.F. of L. are members; and fer will take over in the book- Thomas Coleman, an alumnus of keeping department. Profits, as the U.B. Law School, now working before, will be diverted into a for the European Recovery Plan. variety of student activities. Journeying next to Sweden, Dr. Lenhoff was invited to be a guest professor in the beautiful law school at Lund. "Fair-minded, attentive, and interesting," are traits which mark the Swedish student, according to the Doctor. At Lund Every law student who intends the Professor discussed such topics to practice is anxious to actually as International Jurisdiction and get out and watch the operation International Matrimonial Law. of the legal system which he is The subject, The Basis in Ameristudying. At last just such an can Law of International Jurisdicopportunity has arisen. The new tion, occupied Dr. Lenhoff's folAssistance to Indigent Prisoner lowing lecture at the University of Program is in full swing. LogicalMunich Law School, which is the ly you ask: "What's in the pro- largest school of law in Western gram for me?" Here's your Germany. The students there apanswer. peared especially attentive and Let us take an exemplary case, raised such questions, as the role one which was recently tried un- of executive agreements in Amerder the new system. "X" was in- ican foreign policy. In response to dicted for Burglary first, Rob- their queries, the Doctor cited! bery first and Assault second. A several Supreme Court Decisions, problem of facts had arisen. Now which to his surprise, the students it was somebody's job to ascertain were familiar with and underthe truth. In the case books the stood. facts are given by the Appellate From Munich, Dr. Lenhoff went Court. Rarely, if ever, do they to the University of Vienna as a Indigent Prisoner Program Ready PRISONER PROGRAM (Continued on Page Two) PROF. LENHOFF RETURNS (Continued on Page Four) �OPINION 2 Open Letter Faculty Members OP THE UNIVERSITY OF BUFFALO LAW SCHOOL To Dean Stevens Editor-in-Chief Morton H. Abramowitz Fully realizing that you can Ben Berger John Olszewski marshal an overwhelming arguBill Lawson ment News Editor in favor of a six day school Feature Editor Lee Benice Advertising Manager....Morris Galpirin week, I still feel it is necessary to Faculty Advisor Charles Webster take issue with your stand on so far Vol. 3— No. 1 OCT. 22, 1951 Saturday classes, at least in as seniors are concerned. emoArgument 1. (Strictly tional) The average senior has EDITORIAL been a college student for at least Orientation Day six years. He enters into his last for a profesA little more than a jyear ago, year of preparation achievean orientation program was initi- sional life with a sense of He is mature and sober ated with the express purpose of ment. introducing the incoming students enough to appreciate the realities in life. Yet, he is to the vagaries of law school life of his station a facin such a way that the freshmen treated as an adolescent by longer might assimilate themselves with ulty with an attitude no at a Saturday greater ease. It was hoped that novel. Attendance by creating a friendly atmosphere class is made compulsory. Failure threats of of cooperation and good will, a to attend carries veiled is good many of the fears previously extreme punishment. The senior bland inherent in newcomers would be subtly bludgeoned with the cerdispelled. This first effort, while statement that he will not beNow, for the bar exam. not; entirely successful, gave prom- tified really, Dean, if there must be Satise of much better results to-be obtained by future programs. Sadly urday classes, why make them such enough, the orientation program bitter pills? this year fell far short of the mark Argument 2. (Also emotional):| One thing lacking at the university established last year. It would be senseless to try to is a close attachment for it on the lay the blame on any individual or part of the student body. I subgroup of individuals. While it is mit that the reasons lie in the lack true that the entire program was of traditions. If this is so, then I badly disorganized, it is also true further submit that the beginning that whatever success was obtained of a "No Saturday for Seniors" was due to the effort of a pitifully tradition would be a wonderful small group of enterprising stu- start in the right direction. It dents. It is hoped, however, that stands to reason that certain privian attempt will be made in the leges should be extended seniors future to interest more students in as a reward for achieving their the program. exalted position. The privilege of By way of constructive criticism, freedom from Saturday classes the Opinion suggests that the would be greatly appreciated and planning of orientation be com- would result in reciprocating good pleted in the Spring semester. At will. that Sine a committee of Juniors Argument 3. I am not sure should be appointed to administer what the financial position of the the program. The entering Fresh- average law student was in your men should be divided alpha- day, but I can assure you that in betically into groups of twenty, this day of the 50c dollar, most with one upperclassman assigned students find it necessary to supto each group. Seminar rooms plement their funds with part-time should be set aside for each group, employment. Thus, not only are with signs posted in the halls di- Saturday classes an irritating recting the Freshmen to their nuisance, they also effectively preproper groups. The Upperclassmen vent employment on the one day should be forearmed to answer all when many downtown business questions concerning the school, places are eager to obtain help. Managing Editor Business Manager : with particular emphasis upon the various activities open to the students. The final act of the group leader would be a conducted tour of the school, ending in the Freshman room. There, as soon as all the Freshmen have congregated, the Dean and other members of the faculty could officially welcome them. A sherry party immediately following would successfully conclude a satisfying day for all concerned. It is not expected that the program listed above would remedy all of the ills of orientation day, but It would go a long way ln? the right direction. Let's hope it doesn't get lost in File 13. This inability to obtain extra funds is of dire consequence to the many married seniors. The financial argument is not an idle one. Argument 4. A rumor has been circulating that a major premise for Saturday classes lies in the fear that the senior will otherwise forget his law over a long weekend. The pedantic pedagogue might well reach such a conclusion. But the truth is that even a seven day week would not cause a senior to break study habits formed over two years of torturous grinding. The average senior does not have a scholarly approach to law. He can not subsist on a diet of law alone. He will study only so much as he feels it is necessary to gain enough Pass Bar Exams Associate Professor Clyde SumProfessor mers and Assistant Charles Webster have successfully passed the New York State Bar Examination and have been admitted to practice before the bar. For Dr. Summers, the admission to practice marks the end of a long, uphill struggle against adversity, caused by his refusal to compromise his beliefs and convictions. Professor Summers is a graduate of the University of Illinois with a Master of Law from the University of Illinois, and a Doctor of Jurisprudence from Columbia University. He joined the faculty in September 1949. His vast knowledge of the law is evidenced by the effectiveness with which he teaches such diversified subjects as Personal Property, Agency, Administrative Law and Labor Law. Personally popular with the students, Dr. Summers is a frequent participant in social affairs. Professor Webster holds a Bachelor of Arts degree from the University of Marquette and a Bachelor of Laws from the University of Wisconsin. Extremely popular with the student body, Mr. Webster has actively engaged in many student activities despite a teaching burden which includes Land Transactions and Criminal Law. At present, he is the faculty advisor to the Buffalo Law Review as well as to the Law School Opinion. He is also the SecretaryTreasurer of the Law School Alumni Association. Professor Webster is especially noted for his recent work on the Indigent Prisoner Program, the establishment of which is directly attributable to his diligent efforts. Prisoner Program (Continued from Page One) mention the techniques for obtaining such ephemeral data. "V", the assigned student, proceeds to investigate. He goes to the scene of the alleged crime, examines the physical layout (bearing in mind what the People might try to prove at trial). He interviews witnesses—the defendant at the jail: live, real people who don't give facts like an Appellate Court. All during the Inquiry the practical problem of separating the wheat from the chaff, the dicta from the ratio, presents itself and gives "V" an opportunity for using his insight in developing a defense. When some logical sequence (here it was an alibi) is ascertained the witnesses must be subpoenaed and the case prepared on paper. At this point, the attorney "Z" and "V" work in close harmony. Here "V" learns the technique, the process of making sense out of twenty senseless stories. The case is laid out,; the trial is discussed, debated, re-hashed and finally decided upon. All the legal points must be ascertained. The research is difficult yet there is a certain satisfactions in seeing it operate (perhaps to' "X's" benefit) at the trial. f* Calendar call is answered; the the stage 3 trial is set. Now begin to hum with activity. The impanelling of the jurors (a phase where much can be learned from an experienced attorney) is finished. The case commences. All during the examination, cross-examination "V" is vitally concerned. Here he sees the results of his investigation, he watches his conclusions get a thorough going-over. The state rests, the defense rests, the summations are made, the judge charges the jury (again the research into the law produces knowledge to pass the bar. He is no longer interested in individual satisfaction). The jury retires, (in classes as such. the case of "X" for almost six The record bears up this conten- hours) verdict i They return. The tion. Last year's Senior class, with no Saturday classes to contend is given. At this point "V" has learned with, set what must be a record vary for members of a class passing many things. Experiences each both parts of the bar exam. They with each case, each client, did same without the benefit of lawyer with whom the student such study aids as Saturday may work. But the actual observthe classes. Surely it must be true that ation of a real case dissolves student's fears of courtrooms, given adequate instruction (something obviously existing in abund- gives him a broader understandance here) the average senior will ing of the law's operation and discover for himself the amount of makes him feel the necessity for studying he needs to put in. Why careful and competent representanot leave him alone? tion. It seems that an opportunity to In conclusion, I should like to state that the Seniors have accept- learn by using the tools instead of ed Saturday classes with as good reading about the results of their grace as is possible under the cir- manipulation is a far more incumstances. But I warn you that structive and beneficial experience if the strict disciplinarian attitude than reading a dozen cases on a displayed by your office is a por- defunct doctrine of the law. One tent of things to come, you can live case Is worth a thousand 1-xpect more than just a few dis- jtext book cases. You accomplish gruntled alumni when you come to two admirable goals: a service to deal with them in later years. the community and the bar, and Sincerely, a service to yourself as a future attorney. A Disgruntled Senior. �OPINION 3 Freshmen Welcomed Indigent Prisoner By Dean Stevens Club Established On Monday, September 17, one In conjunction with the Indigent hundred and thirty-five unoriented Prisoner Program, an Indigent and eager new students, enthusi- Prisoner Program Club has astically prepared to face the grind been established. The first meetahead, filed into the Freshman ing was held in the FreshClassroom that is to be a second man room on October 9. Mr. home for most of them for the Webster presided. Assistant Disnext three years. The orientation trict Attorney John Dwyer «»adproceedings as in previous years, dressed the assembled students on were calculated to direct the en- the importance of personal integthusiasm into the proper chan- rity to the criminal lawyer. He nels, and to give the new students drew extensively upon a rich backa working knowledge of the fun- ground of practical experience, damentals of Law School proce- gained as both defender and prosecuting attorney, to drive home his dure. The highlight of the brief cere- point. Following the address by Mr. mony was an address by the dean, Dr. George Neff Stevens, also in Dwyer, the election of officers was his first year at U. B. Law School. held. Salvadore Capecelatro, senAfter good naturedly conceding ior was elected Chairman, Neil that he too was a freshman, Dean Farmelo, Junior, was elected to Stevens informed the recruits that the position of Vice-Chairman and the policy of the faculty will be Alfreda Wilczek, senior, was chosen not to try to fail anyone. Upper- as Secretary-Treasurer. The four classmen, survivors of previous positions on the Board of Directors axings, will be relieved to hear were also voted upon, with William Argentiere and Charles Desmond this. the successful Junior candidates The Dean admonished them to and Angelo Felice and Morris Galplay not to to study hard, cards pirin being chosen from the Senior excess, not to heed the "advice" class. of upper classmen, and not to run around too much at the expense of their studies. Failure to ad- Former Student here to this code, he warned would Cited For Bravery lead to the very result that the faculty was actively trying to Master Sgt. Anthony DeMarie, a avoid. Dr. Stevens then introformer U. law student, stationed duced the professors 3o the new in Korea B. since December, has been students. twice cited for bravery and Mr. Hyman gave a short talk on awarded the Bronze and Silver "How to brief a case." Represen- Star Medals. tatives of the various student On one occasion, Sgt. DeMarie organizations then spoke'brief ly>w graved the hail of enemy gun fire behalf of their groups. Jack Qui and pulled two wounded men from ber represented the Student Cpan/ the battlefield to safety. Then too, cil; Alvin Glick explained the inunc- during a Red offensive he delayed tions of the Buffalo Law Review; the enemy by destroying an entire and Morton Abramowitz did the machine gun crew single-handed. honors for the Opinion. This allowed his sectidn to'reasThe Freshman were then es- semble and to rout the oncoming corted on a de luxe tour of the enemy. building, conducted by Messrs. Sgt. DeMarie entered the Armed Services in November, 1950 from Alvin Glick and George Grobe. the Reserves. - Q**< >"' >"< >"' I0 ARTHUR I. YELLEN ij Monroe Qe+t&ial O+tAulG+tce MO 1514 CROTTY'S PEACE PIPE BAR & LOUNGE LUNCHEONS 47 NIAGARA ST. BUFFALO N. Y. >n« I i ! 1 fl i . ... 1Q Abstract (i n s TAX and TITLE S SEARCHES TITLE INSURANCE 9 ."' >"< 93 FRANKLIN >m M»< %m wn 8 S J i ST.Q ft inr*J Class Notes Gerald Lankes is reported doing nicely in the Navy. He is stationed in Georgia and has already been The latest joined by his family on Edward O'Shea is that he is attending night school at N. Y. U. while undergoing treatment for . .. . .. his wounds received in Korea. The television set in the lounge was due to the efforts of Spero Ylanilos and the student council Bob Lelbman and Fred Washburn are mainstays on the U. B. Fencing Team. Bob is also teaching fencing nights For those statistically minded, latest counts list 135 Freshmen, 115 Juniors and 74 Seniors. The Juniors have proven that there is no correlation be- .. . . irrepressible Mr. Webster insists on creating a twenty-five hour day for himself. One wonders how he finds time to teach classes. His latest effort in the Indigent Prisoner Program has local law circles buzzing. The faculty welcomes three new members into the fold, Messrs. Daley. Del Cotto and Zimmerman. MrA Daley holds forth tween the room capacity and the in Evidence, while Mr. Del Cotto number of students left at the post Take heart, ye quivering and Mr. Zimmerman are at present A note for those working in the Freshman Seminar Freshmen already weary—Thanksgiving reProgram. cess begins at the close of classes Wednesday, November 2l; but don't relax too much Opinion Classes resume Monday, November 25 The school Is justly proud of the This year the OPINION is inirecord posted by last year's Seniors tiating a policy of sponsoring two —61% passed the Bar Exams dances a year, to be held In the Take a bow, faculty. early part of each semester. Plans In Personam Jurisdiction: Morfor the first dance have been com- ton Abramowitz, James Sherman, pleted. The dance is to be held Sat- Robert Liebman, John Wick, Salurday, November 10th, at the Adam vadore Capecelatro, Jerome RosenPlewacki American Legion Post. thal, Charley Rand, Frank Papa, Tickets are priced at $2.40 per and Richard Pfeiffer were married couple. Negotiations are now un- since last semester Angelo Federway to provide the best orches- lice is passing out the cigars over boy. the a Congratulaarrival of tra in Buffalo for dancing pleastions, Marge Phylis Hubbard ure. and June Sworobuk have anMorton Abramowitz and Morris their respective engageGalpifin will direct the sale of a nounced ments The entire student body hoped for total of 150 tickets. join with the seniors in welcomAgents will be appointed to handle ing Carmelo Parlato . . . .. . .. . . Dance ... .. .. .. . .. . . .. back into the the ticket sales for the various senior class. classes. John Olszewski, chairman of the dance committee, promises Indigent Program: Attention Atan affair comparable to the Barrister's Ball. It is hoped that the torneys: Contact Mr. Webster for-' student body will give this venture assignment of students. the support it deserves. Your Student Bookstore Saves You Money • Complete Line of nCL 0737 "" .. »e> >n< &Title Corporation 16 E. Mohawk Street Buffalo, N. Y. >rt< . . Faculty Notes Professor Clyde Summers is the proud father of a bouncing baby boy. His name is Mark Walgren. The professor celebrated the event by purchasing a home this past summer. . Professors Jacob Hyman and William King Laidlaw were honored at the close of last semester at the Senior banquet. For Mr. Laidlaw, it marked the successful conclusion of twentyfive years of service to the Law School. It appears that the Casebooks, Hornbooks PROFESSIONAL PROCESS SERVICE 500 BRISBANE BUILDING Buffalo 3, N. Y. MO 9697 MARIE'S RESTAURANT "FOOD AS YOU UKE IT" HOME COOKED MEALS 68 DELAWARE AYE near EAGLE Hours: 7 A. M.-6 P. M. and Supplies Supplies sold at cost Hours Posted SHERMAN'S LIQUOR STORE Eagle Street Phone WA 1800 9 W. �OPINION 4 Jury System (Continued from Page One) invention could possibly be discovered later to be a contribution to See. 34.66 P L & R U. 8. POSTAGE relieving suffering humanity." That explanation of that particular jury's verdict made quite an impression on me. Ever since then I have respected jury verdicts even if I disagreed with them. I believe they are generally the result of the1 conscientious consideration of the subject by twelve minds who are trying to do justice. My experiences have taught me that the jury system is one of the institutions that engenders continuous respect for our liberties, and no substitute for it has ever been suggested that is worth considering seriously. lc Paid cases I ever tried was one involvBUFFALO, N. Y. ing an Indian (Asiatic) who had Permit No. 311 invented a light machine that I referred to throughout the trial as a magic lantern. The light coming through colored discs supposedly cured anything from corns to cancer. The defendant who was a graduate of Oxford, defended himself. He was under indictment for getting money under false pretenses, that is, selling these machines and getting good money for them. He did quite a, job on the doctors and other experts whom I called to give their opinions about the efficacy of the so-called magic lantern. Of course, they agreed it was no good. The complaining witProf. Lenhoff Returns ness who had purchased one of the (Continued from Page One) defendant's machines for a sum the Austrian Bench were very lectures in Vienna it was especially that brought the transaction into much impressed by American flattering to receive the following the grand larceny bracket used it guest professor for a stay of five methods of cross-examination. letter: weeks. On April 30, 1951, Dr. only a brief period of time. While in Austria and Germany, "Dear Professor: delivered Lenhoff his first lecture jury promptly acquitted the The privilege of there, which is bound for world- the Doctor had the Will you allow me, being the defendant. addressing the Bar Associations of wide attention. He chose as his spokesman for the class of VienIt was quite a mystery to me topic, The Role of America in the Vienna and Salzburg on The Status of law, who had the until I met one of the jurors some Legal The Attorney In American Life. nese students Universe. In speaking the of an invitation good fortune to attend your considerable time afterwards. He Doctor attempted to Vienna also extended Legal show how Dr. Lenhoff to speak over the classes on the American asked me if I would like to know System, to express our most reverhas always been known for why the defendant was acquitted. America radio, which the Doctor accepted for its world-wide technological Interest of the ent thanks." When I signified I would he said: leadership, but too little attention and spoke on The "We all know about things which, American People in Bench and "I may say, at this writing, that has been given to its immense conwhen they were originally brought Bar. the impression of your lectures on tribution to the legal field. Drawforth as cures, were laughed down On the social side, Dr. Spalding, the American Legal System has ing an analogy, the Professor comas ridiculous even by those who pared the drafting of the head of the Educational Division not faded away; but on the conUnited trary your lectures have stimucould be considered as qualified to States' Constitution with the works of the American Legation in Vithose new and know. Subsequently their true genius as Beethoven and enna, gave a large party, which lated us to discuss of such value appeared and they were problems which you of that period. A leading Mr. and Mrs. Lenhoff attended valuable Goethe found to be blessings for mankind. review for public law, the Zeit- climaxing the Professor's stay. raised." We did not believe in this machine schrift Fur Offentliches Recht, is Likewise, the ■ law faculty of the "I really hope, my dear Profesbut the prosecution could not prove scheduled to publish this lecture University of Vienna, gave a party sor, that you will have a most that it was worthless. We just did honor of and Mrs. Mr. Lenhoff. pleasant summer and will wpfl shortly, as well as our own Buf- in not want to convict a man whose In summarizing his trip, Dr. remember your Viennese students. falo Law Review in its next issue. The Professor also lectured on ILenhoff felt it had been a stimu- Allow me to express my deepest such topics as. Private Interna- lating and rich experience. Six respects." tional Law, American Procedure, weeks after the completion of his Hans Yon Heeger. Evidence, and The Rise of Equity. The talks on evidence were atBETWEEN AND AFTER CLASSES tended by Dr. Strobele, Chief JusIt's tice of the Austrian Supreme * PUBLISHERS;' Court, several presiding justices, PRINTERS and the Interior Minister, Oskar "FOR A MEAL OR A SNACK" 125 BROADWAY CL4919 Helmer. In the discussions that followed these talks, members of 62 NIAGARA STREET BUFFALO, N. Y. BUFFALO DAILY LAW JOURNAL 1 Service to the Legal Profession McMAHON'S DENNIS & CO. Inc. Publishers & Dealers Abstract & Title Insurance Corp. \\ Buffalo 1886 l Established Rochester Lockport Law Books DENNIS BUILDING 251 MAIN ST. BUFFALO, 3, N. Y. H^cl/mio Phone iii CLl � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/19ac341a9c6ad5c32f762f010e5f7150.pdf 8fc75e406535f04946aeb3f04e0147d7 PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION Vol. 2—No. 5 APRIL 30, 1951 Efficacy of the Jury System Conference On Civil Liberties Held On Cam pus Senior Honored The Jury System As Seen By An Appellate Judge By CHABLES 8. DESMOND Y. State Court of Appeals Associate Judge. N. On the afternoon and evening of Friday, April 20, 1951, a conference on Civil Liberties was held in the student union at the University of Buffalo. The program was divided into the opening plenary session Editorial Note: This is the last of the articles on the efficacy of the jury system. The subject has been covered in previous issues from the personal viewpoint of a juror, a trial lawyer, a psychologist, and a so- ciologist. The author received his A.B. from Canisins College, 1917. and his A.M., 1918; also an IX.B. from the University of Buffalo, 1920. He is the author of "Sharp Quillets of the Law," 1949. He is a member of the New York State Supreme Court, 1940, and was elected associate judge, Court of Appeals, State of New York, for the term IMI-1954. A Judge of the New York Court of Appeals, constrained by Constitution and Statute to inspect jury verdicts as to legality only, is officially ignorant in respect to their fairness or reasonableness. But we do read (literally) thousands, of records of jury trials, and we remember earlier tours of duty as lawyers and trial judges. Out of that amalgam of experience come the im4 pressions here set down. Effect of a Juror's Background Law Review Elects The jury is a truly democratic New Editorial Board institution Jefferson said that "trial by Juries impartially selThe Law Review wishes to anected" was one of the principles nounce the election of Alvin M. forming the bright constellation Click as Editor-in-Chief and Tom which guided the steps of an infant Kelly, John Wick, Morree Levine America. The jury system brings and Sam Misrendeno as Associate into the courtroom the men Editors. Miss: Phyllis Hubbard and and women who own and pay for Miss Mary Davey comprise the reBoard. and control the government, lets mainder of the Editorial for next year them take part in, and scrutinize Tentative candidates the workings of, their judicial sys- will be chosen from the following tem. But the jurors bring with list of Juniors and Freshman: Gruber, Spero Yanthem their human foibles and can- Juniors—Jack tankerousness, too. Shakespeare, ilos, David Mahoney, John Krull, Sherman; who had his eloquent say on al- John McKee and Jamesi Freshmen—Robert Blaney, Hilary most everything, remarked that: "The jury, passing on the Bradford, Neil Formelo, Ralph Halpern, Sheldon Hurwitz, Emil prisoner* life, Kratzer, Maynard Schaus, Joseph May In the sworn twelve Taddio, Robert Thompson, and Johave a thief or two, seph Tisdall. The total munber of Guiltier than him they try." ultimately\be exSince the aberrations of juries Freshmen will to fifteen. In order for make better telling thanj the good, pandedalready named to remain jobs they do, the former are the those a more celebrated. Everyone knows candidates they must maintain satisfactory academic standing. the stories: the juror who- <in a case where a unanimous verdict The first volume of the Univer-^ was required) remarked on the sity of Buffalo Law Review has stubbornness of his eleven asso- been completed and will be pubciates; the juror who, putting what lished and distributed in the very he thought was a very low figure near future. The first issue shall on his slip of paper in an effort to contain an interesting article on bring down the resulting average, res ipsa loquitur by Professor found that hist guess was the high- Louis L. Jaffe, Byrne Professor of est of all. Likewise, the jurors who, Law at Harvard Law School, a are interested mainly in free meals fomer dean of this school. In adat the county's expense, seem to dition there will be eighteen stuhave been with us throughout the dent notes and comments dealing two centuries since Pope wrote: with recent cases in the courts, "and wretches hang that jurymen with emphasis on New York law. may dine" (the preceding line's re- The issue shall also contain eight ference to "hungry judges" stricken book reviews by members of the out as scandalous and irrelevant). judiciary, bar, and faculty. I had my own experience, in the This is a queer world. While the so-called civilized people prepare JURY SYSTEM (Continued on Page Four) for war, the savages are at peace. — . at 1:45, where the keynote address was delivered by the Honorable Charles S. Desmond, Associate Judge, New York Court of Appeals. Following this, at 2:30 and 4:15 a series of six panel discussions were held which included such prominent men as Mr. Samuel P; Capen, and Mr. Barton ROBERT FLEMING Bob Fleming Receives Research Scholarship The University of Buffalo Law School may wejl be proud of Robert Fleming who was recently appointed to research assistantship in Patent Policies and Practices at the University of Wisconsin. The work is to be integrated with that of the Agricultural School. This type of an appointment is only bestowed on those who show an exacting ability and drive. The recipients are selected after an extensive screening process which weighs students from all the major law schools in the country. Bob is particularly qualified for this honor not only because he possesses a degree in engineering from the University of Minnesota, but also by his background and qualities as evinced by his student activities here. He stood as one of the toe men in his Freshman and Junior classes receiving the Box Scholarship, the Adelbert Moot Scholarship, and the Clinton Scholarship. Bean, who discussed the role of academic freedom in democracy. The panel on the legislator's role in protecting civil liberties brought together Mr. Justin C. Morgan, chairman of the judiciary committee of the New! York State Assembly, and Mr. David Diamond, former justice, New York Supreme Court. Other speakers included John E. Leach, president of the Erie County Bar Association and attorney Jay T« Barnsdall Jr., who spoke on police protection versus civil liberties. The panel on labor brought together Edward F. Gray, regional director of U A W-C I O, and Joseph Shister, chairman, Dept. of Industrial Relations at TJ. B. Clarence M. Maloney, former New York Assistant Attorney General and Charles P. Livermore, executive director, Board of Community Relations who discussed minority groups. Covering the religious field were William Thomas Heath, Rector of Trinity Church and Robert Brill, Director of social services, Buffalo Council of Churches. The evening session, beginning at 8:00 o'clock, brought the prominent and colorful attorney of the American Civil Liberties Union, Mr. Arthur Garfield Hays. Mr. Jacob Hyman, chairman of the Erie County Civil Liberties Committee made the introductions. For the past three years Bob has been a member of the student council and is presently the president of this organization. In addition to the other activities he has been concerned with, Bob Is Editorin-Chief of the newly formed BufAin't It The Truth? falo! Law Review. Recently, in recognition of his endeavors, he was Climbing to success over the elected to the Bisonhead, further evidence of the respect that he has misfortunes of one's fellowmen Is a slippery ladder with many brokearned here. en rungs. Not everyone can do great There never was a sermon yet things—the secret is to do small things in a great way. that beat a good example. �OPI N.I O N 2 CDINIDN one on the Board of Elections must have reached the conclusion BOOK REVIEW Social Highlights that all law students were by By PHIL TWEBSKY Junior Beer Party OP THE UNIVERSITY OF BUFFALO nature ballot-box-stuffers supreme. LAW SCHOOL "The Nine Young Men," Wesley Certainly the safeguards attendHarper Brothers, 275 Co-Editora-in-Chief On Saturday evening, the 21st ing our casting of ballots were McCune, Morton H. Abramowitz pages, 1947—53.50. of April, 1951, the Junior Class Robert Liebman entirely lacking on campus. On are As law students, all of us Managing Editor will hold a beer party and dance E. J. Murty campus, the high and mighty voted Business Manager John Krull keenly aware of the paramount at the Maxwell Post on Ferry Benny Berger by flashing Norton Union Cards. Newa Editor Supreme near Grant. Lou Del Catto will Phyllis Hubbard Feature Editor At law school, not only were position that the U. S. Advertising Mgr Morris Galpirin Court occupies at the apex of our furnish music for dancing pleasure Mary K. Davey Norton Union cards of no use, but Circulation Mgr too system. all However, and beer in inexhaustible quanCopy Editor David M. Teilen even sworn affidavits, perfectly judicial American public— tities will be served for drinking proper in courts of law, were many of thestudent, Class Bepresentatlvea lawyer and layman, law pleasure. Harvey Rogers (Senior) sneered at by the ballot collector. Spero L. Yianilos (Junior) alike—have come to regard this The faculty has been invited to Either you had a driver's license or august body Ben Berger (Freshman) awe such and join the Junior Class in the evewith you had a Social Security card, IN ABSENTIA Pity the poor reverence that psychologically we ning's festivities. During the course you or vote. didn't Jr. Edward K. O'Shea, have clothed the Court with a of the evening toasts will be * Albert B. Mugel soul that had forgotten his identi- judicial halo of sacrosanct knowl- drunk to the victor of the late fication, or even worse, had never STAFF edge and righteousness that preelection to the BoaiM of Managers, J. Lee Benice, lAlvin Glick, William driven a car or worked a day evaluation and ob- Marvin Marcus, and to "senator" Lawson, Janet MfrFarlane. in his life; that unhappy misfit cludes critical its work- Dave Mahony. jective investigation into Faculty Advisor Richard Arena just d|dw't vote. Can it be that is detriThe price is low; the pleasure those wno would control elections ings. Such an attitude functioning Leffnm Cnpidae luventuti of a afforded out of all proportion to so sure of their campus bal- mental to the were society. APRIL 30, 1951 lots that restrictions there were dynamic democratic the cos>-"n Vol. 2—No. 5 Recently I had the opportunity John Olzewski and Morris Galfelt unnecessary? to read Wesley McCune's book, perin will accept payment of asEDITORIAL "The Nine Young Men!" In this sessments immediately. Mock Trials Success volume, the author has ripped Hail and Farewell aside this illusory veil and preJunior Prom On Tuesday, April 3, four mem- sented to the reader a picture of The annual Junior Prom of the We of the new Opinion staff bers of Mr. Arens' Evidence class the Supreme Court as it really ex- University of Buffalo was Held Saturday, March 10th at Kleinwish to extend our farewells to took part in one of a series of ists. In a frank, outspoken, sprightly hans Music Hall. The prom was the old staff. Under their guid- mock jury trials designed by Mr. ance and labor a new tradition Arens to provide the students1 with manner, tinged at times with the iargest in the history of the has been born at the U B X,aw some practical experience. Mr. ironic witticism, Author McCune school. Phyllis Hubbard, a member School. We can only say we hope James Sack acted as presiding has applied himself diligently to of the Junior class of the Law the tradition will grow with the judge. The suit, based on the record the task of an "objective" evalua- School was chosen as attendant to University. of an actual case, involved an ac- tion of the Court when it sat dur- the Prom Queen. She also was tion for personal injury resulting ing that hectic decade of 1937- elected to Cap and Gown, the honAction or Words from an automobile accident. At- -1947, a period which witnessed orary women's society of the Unitorneys for the plaintiff were Her- the hightide of the New Deal and versity. Ed Spector, Tom Troy The Opinion is \ not interested! bert T. Shaeffetz and Alfred F. Roosevelt's abortive attempt to and Bob Fleming were elected to it is inter- Cohen, Jr., and the defendants in, "pack" the Court. This critical Bisonhead, the men's honorary in personalities; ested in action. The few who place the action were represented separ- period he aptly terms as being society. The members of both Bitheir interests above the group ately by Jack Dillon and Michael lone of "judicial revolution." sonhead! and Cap and Gown are must by now realize the group is Lolly. On a motion by Attorney The book is divided into two chosen on the basis of leadership demanding action. Dillon, Judge Sack dismissed the main categories. The first com- and scholarship. CONGRATULALet us not have eyes and see suit for no cause of action with prises an evaluation of the work- TIONS! not, nor ears and hear not. The respect to the first defendant. Mr. ings of our judicial process on students and the Opinion want to Lolly's client was awarded the jury this highest level; the legal prob- sights into the judicial process, and know what happened to the honor verdict by a vote of 11-1. lems that face the Justices, and an appraisal qf the Court's judicial system. The time has come for The last of these mock trials the manner in which they resolve decisions on such pertinent issues definite action. A crystallization took place on Tuesday, April 17, them; the force of stare decisis as: civil liberties, the embrace of of the issues and a vote are cer- with Mr. Arens presiding. Tom Mc- and the pioneering efforts in the commerce clause, the war tainly called for. How about hav- Mahon and Eugene Burke for the breaking new judicial ground. Al- powers of Congress, etc., and such ing the student council propose proponents opposed Mike Beilewech ternating with such legal aspects highly controversial subjects as various honor systems and call and Ed Kinney, in a suit involving of the judicial system are chapters the Japanese relocation movement; testamentary capacity. The jury giving graphic sketches of the the Nurenberg trials, and the war for a referendum? The sooner the problem is clari- found unanimously for the propon- Justices who sat on the bench trial of General Yamlshita. during this period. These vignettes fied and the solution voted upon, ents. At the outset one will recognize are highly revealing as to the that any such book which attempts the sooner the goals of the maextent of (or lack of) formal legal to present such a-plethora of injority wiU be satisfied. Lawyers Club Fetes education enjoyed by the Justices, formation, especially as to the From Queen Elections U. B. Late Seniors their legal experience, prior gov- effect of judicial decisions, must ernment service and private prac- of necessity give a summary treatOccasionally, circumstances proMembers of the Senior Class tice, their judicial outlook, tem- ment. The author surprisingly enough seems to have the knack vide a basis for a legitimate gripe. were guests at a cocktail party perment, and foibles. The Opinion feels that the unrea- and reception in the Bar AssociaOne sees at close range the of presenting the essentials withsonable action of the Board of tion headquarters given April 23 scholarly Frankfurter, fully cogni- out apparent distortion or noticeElections in the recent balloting by the Lawyers Club of Buffalo. zant of the eye of history on him; able bias. To the curious, the book for Junior Prom Queen justifies William R. Brennan, chairman of the liberal Black who had to ex- will serve as a stimulant and a such a gripe. No one has to tell the club's membership committee punge himself of the taint of guide for further study. The book law students that they are mem- introduced John H. Dittman, pres- Klanism; the politically wise will undoubtedly serve as a means bers of a larger entity sometimes ident of the Club; John E. Leach, Byrnes; the ambitious, hard-hitting of enjoyable review for those who called the University of Buffalo. president of the Bar Association of Jackson. The reader will recognize have a background In constituEach semester our checks for tui- Erie County; Raymond T. Miles, anew such diverse landmarks as tional law and a welcomed introtion are, made payable .to the president of the Marshall Club, Erie Railroad, Grey v. Powell, the duction to those who have not as University. There are times, how- and Miss Ina Alt, president of the two Williams cases, the Jehova yet been initiated into this most pleasant Witnesses, Bridges, McNabb and exciting of fields. ever, when our uptown cousins Women Counsellors. seem to forget all are members Also present were Judge Charles Schneiderman cases to mention profitable reading it Is highly recof the same big happy family. S. Desmond of the Court of Ap- but a few and how the Justices ommended. How elsei can one explain the per- peals, Justice R. Foster Piper of voted on these and other challengThe spring offensive for many fectly assinine insinuations implicit the Appellate Division and Su- ing issues. The 275-page documentin the rules governing the casting preme, County and City Court ed book is a veritable cascade of millions will begin when the umpithy observations and historic In- pire cries, "Play Ball." of ballots for Prom Queen? Some- judges. rather �OPINION Preventive Medicine Section 973 3 O'Shea Wounded Barrister's Ball Rose Receives Signal Honor LT. EDWARD K. O'SHEA, JR., (Class of 1951) Co. C-7th Regiment, On Saturday, March 31st, amid By JACK GEIXMAN Ist Marine Div. was recalled to the flashing of camera lights arid The appointment of Henry Rose the noise of raucous laughter inDistrict Attorney, Niagara County active duty in October, 1950. After to the position of Teaching Fellow termingled With gambling becoming one of training at Quantico, Virginia, Lt. with tinkling glasses, at Northwestern University School the nationwide illegal business O'Shea was assigned as a replace- the 1951 Barrister's Ball moved of Law for the academic year beoperations, it is more important ment officer and left the States on to a crashing climax. ginning in September has just been Despite the fact that many of announced. than ever that every section of the January 26, 1951, Destination: The appointment culthe 180 couples that attended had Penal Law be closely scrutinized Korea. minates a successful and distindifficulty their in applying legal to assist law enforcement agencies the bitter action In guished college career. A Navy around in the stamping out of this vicious Chongchon, a mortar shell burst training to map-reading, the ma. veteran, Henry Rose obtained his about 5 feet from O'Shea, dealing jority of participants reached the bachelor's degree from the Uniracket. Section 973 of the New York him severe wounds about the face Brookfield Country Club within versity of Buffalo under the comPenal Law makes it a misdemeanor and the body. He was evacuated to a reasonable time. bined curriculum program. While for anyone to knowingly and will- Taegu for surgery and then to The faculty attendance was on campus he was elected to the fully allow gambling to exist on Japan. This information was con- heartening and their company Board of Managers, was president any premises of which he is the veyed to the law school in a letter well appreciated by those who of the Hillel Foundation and was a owner or agent. The landlord who from O'Shea dated March 22, 1951. established rapport with them. At 2 a. m. Jay Maran and his member of Beta Sigma Rho fraternity. At present he is the is aware that such practices take Lt. O'Shea is the head of a family Orchestra concluded their playing vice-president the student place on his premises, and permits of four, including his wife Hallie, of counby general which concensus was and 2 children, a boy age 3 and a it to continue, shall be placed in cil having been a member of that highly satisfactory. months body for the past three years. He the same category as the petty girl 8 old. He attended St. Mike Beilewech and his commit- is racketeer who physically operates Joe's and has a B. A. from the tee, also an associate editor of the who for the responsible were of the establishment. In Niagara University North Carolina. O'- organization Ball, are to be Buffalo Law Review. of the January, Shea was the ManaCounty, in the month of Among the student body, Mr. first Business highly commended for the success- Rose we served a letter on the land- ger of the Opinion. is probably best known for ful effort they put forth to make profitable operation and manlords of known gambling establishthe the function the object dart that agement ments that had existed in the past. of the Student Bookstore, to Speak it was. the success of which has resulted This letter explained Section 973 in the establishment of, among of the Penal Law, and in addition, Through the courtesy of Mrs. Blood is thicker than water and other things, brought to the attention of the James McCormick Mitchell, a moot court prizes and relatives are continually punching a student's small loan fund. landlord all prior convictions that fund has been set up in honor of on the nose to prove It. each other pertained to his premises. He was her husband, James McCormick Many a man's nose is kept on further advised that if there should Mitchell, to enable the student If you think money doesn't talk, the grindstone so be a subsequent conviction, the body of law school to hear a just his wife can turn try to telephone (without a hers up at the neighbors. landlord, as well as the gambler, prominent lecturer each year. The dime. V would be prosecuted. first speaker we will have the We have learned by this time Many of the landlords were pleasure of hearing is Justice Many people have a good aim in that you can't clean up the world honest businessmen, and had only Jackson of the Supreme Court of life, but too few of them know leased the premises because of the the United States. Following the with soft soap—it takes grit. to pull the trigger. when additional rent that they might be speech on May 9, there will be The person who lives in the past able to charge because gambling a social hour in the Bar Associaor future can't do justice to the operations existed there. When tion Rooms. Chairman of the compresent. PROFESSIONAL they realized that they themselves mittee handling the arrangements became subject to prosecution, in is Bob Fleming. Serving on the PROCESS SERVICE almost every instance they im- committee will be: John Kelly, 500 BRISBANE BUILDING mediately served eviction notices Mary Davey, George Kassman, BUFFALO DAILY on their tenants, forcing them to Dave Risman, John Krull, and Buffalo 3, N. Y. MO 9697 Ralph Halpern. move out. LAW JOURNAL Naturally, there are certain bookmakers who have succeeded © in purchasing their own property. FRANK STRAND Your Student Bookstore PRINTERS ask You might how Section 973 PUBLISHERS Saves You Money 805 Walbridgo Building affects them. In the past, where an 125 BROADWAY CL4919 arrest had been made, the real 10% Discount on these items: party in interest would merely General Insurance Praslcer—N V Practise have one of his workers enter a plea of guilty, and would not come CROTTY'S PEACE PIPE Appleton (3rd Ed.) into court himself. Consequently, Richardson on Evidence some of these gambling landlords BAR & LOUNGE Crane on Partnership have never been found guilty, alLUNCHEONS thougfr'Tn'f.act they are the real ■ Simes on Future Interests operators. By invoking Section 973 NIAGARA ST. BUFFALO N. Y. 47 Stevens on Corporations we get a double shot at that gamblVoid on Sales ing establishment. Even though attempts to put up a dummy to take, To Secure These Rights the punishment, the owner himself MARIE'S RESTAURANT And many other texts is subject to further prosecution n "FOOD AS YOU LIKE W Cordially Invites for allowing gambling to exist on —open HOME COOKED MEALS his premises. of its to Monday Wednesday Friday This section has almost entirely 68 DELAWARE AYE mit EAGLE eliminated gambling at the present I:I5- l:30 /-\Hour«: 7 A. M.-6 P. M. visit its time in the County of Niagara, and it would seem that if a constant New Offices vigil is kept, it could eliminate any. future gambling operations. If you desire real tailored clothes, up to date, of law Invoking this section the at reasonable prices, see is our method of using preventive medicine in the elimination 93 Street SAMUEL BLOOM, INC. of one of the most cancerous conBUFFAIOy NEW YORK 256 PEARL STREET ditions that exists in the country Jackson j Monroe Abstract j ! & Tide Corp. | I | Q all Friends today. I I I | (] Franklin | - — - �OPINION 4 si ■ B« the courtroom watched, carefully R wrote into the book, what must have been the plaintiff's figure just testified to, and\ then, slowly days when civil verdicts required | dramatically, snapped the book and reunanimity, with a juror who shut, returned it to hisVjocket, and for many hours, to join In looked up at the clock, with a fused a verdict for the holder of a yawn. The trial had nit been on promissory note. This determined for more than five mimites, but it citizen had somehow gotten the was all over for one juror. idea that such a note was unenSuch instances are available in forceable unless made payable at a wholesale quantities, but they bank, a contention advanced by no prove no more than that the man party or witness, and unmentioned or woman wh6 takes a seat In a in the court's ' charge. But he jurybox, does not, thereby and stoutly maintained the correctness automatically, take on the charactot his proposition until worn down er of a "Daniel come to judgment!" by the other eleven good men and But the prejudices, the social, entrue. vironmental and other biases, the Benefit of a / generosity and1 the stinginess, the Less-Than-l Jnanimous Verdict credulities and the cynicisms, the A lot of the difficulties which nobility and the baseness, of the on presence the used to arise from twelve, tend to cancel each other the jury of a crackpot or two have, out, just as they do in any other disappeared with the it. It is significant that most of Marcus course, of board or committee or congress. Elected to authorization, in our State in. civil What results is a concensus repre- the complaints and criticisms come from feature writers whose concases, of less-than-unanimous ver- senting, roughly Board of Managers but as near! as we dicts. So it came as somewhat of a can get at it, the community opin- tacts with juries are limited, insurprise when I heard my honored ion on the rights and wrongs of the deed. Disappointed litigants and Marvin M. Marcus of the Junior friend Judge Harold Medina, at dispute. No one is so lawyers damn the verdicts up and class has been elected Law School particular the 1951 New York State Bar Asdown. But those very lawyers, representative on the Board of naive as to think that jurors use larger view Managers for the coming year. sociation dinner, announce, somemethodology of scientists. But when they take the the what cryptically and without speci- democracy is not scientific or per- and survey long years of jury He will succeed Tom Troy who are almost unanimous (at graduates this year. fications, that he was strongly opfectionist. Democracy is self-gov- trials, posed to 10-vote verdicts. We will ernment least those I talk to) that, on the The election, which was held on the and of the weak await, with interest, his promised strong by the learned and the whole, the device serves its purpose Wednesday, March 14, brought bill of particulars, but, in the stupid, of the wise and the virtuous, well. My own belief, given for out one of the largest votes in the meantime the change has made by the what it is after thirty years Law School's history. The Freshdull and the wicked, of all as lawyer worth, and Judge, is that trial men candidates, Norm Kuennel, it impossible for one Gromyko-type by on not Democracy is based all. "agin the government" juror to re"by jury is worth preserving. It is Shelly Hurwitz, and Bob Gottesa childlike belief in the wisdom vel in the free, proud and irrational and goodness of the multitude, but an adequate instrument of justice man, withdrew from the race to an imperfect world. It protects put their support behind Freshman use of his individual veto. on the idea that it is in the end in One more illustration from my Charles Desmond. multitude govern the individual citizen. It works. the better that lawyer days. I was representing itself, inefficiently and clumsily, a defendant alleged to have so a man on horseback <%> negligently used a blow-torch, in than that JOE'S BARBER SHOP with heartless skill. A. repairing an old wooden steamer it for them Preserving Students, Lawyers, Judges Trials Are Worth Insurance lying at a Buffalo dock, as to have Jury General Jury trials are expensive and caused the ancient hulk to burn "We Serve Them All" 700 LIBERTY BANK BLDG. lawyers was trials over-lengthy. In jury to the water's edge. Negligence CL. 7965 NIAGARA and FRANKLIN Sts. in dispute, and the value of the are prone to obfuscate and obscure, New York Court and Buffalo, Probate Bonds jurors, to theory more our and flatter the so, wheedle craft much being that, if we had indeed caused lay smoke-screens and becloud the the fire, we had thereby done a issues. Jurors complain of wasted BETWEEN AND AFTER CLASSES service to the merchant marine in time, of hanging-around and waitridding it of this rotting antique. ing, of poor pay. Brisk and modern Ifs The owner, on the other hand, de- and business-like a jury trial is not. scribed his ship as a trim, hand- Are the verdicts sound? Some of "FOR A somely appointed queen of the in- them certainly are not. But the A(SNAC/?—~^-— land seas. Taking the stand as a system has in general, the approval 62 NIAGARA STREET witness on his own behalf, the of the people who know most about Jury System (Continued from Page One) ■>£ 11l WILLARD FINTON McMAHON'S WS^PH TUFFAIoTN. plaintiff, questioned as to value, named, without a blush, a figure probably three times as high as he ever hoped to get. One of the jurors in the front row of the box thereupon, with much ostentation, drew a pencil and a note book from his pocket, and, as everyone in Abstract & Title Insurance Corp. EST. 1886 ForFineFoods... ...And CocktaUt It's Publishers & Dealers TITLE INSURANCE Law Books TAX-TITLE DENNIS BUILDING Grill 70 Delaware Buffalo, N.Y. WA.8914 Across From The B. A. C. DENNIS & CO. Inc. SEARCHES Television Buffalo Rochester Loclport 251 MAIN ST. BUFFALO, 3. N.Y. pu«na ri CL/Sio Phone 1 "11 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b280a42e13b6f176a86ca88b27191e19.pdf 97327127de3c871fb959765e6e79ec1d PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION MARCH 12, 1951 VOL. 2—NO. 4 Efficacy of the Jury System A Psychologist Looks at the Jury By CAKLETON F. SCOFDXD Chairman, Department of Psychology This U the fourth in the scries of six article! on the efficacy of the jury system. The subject has been covered in previous issues from the personal viewpoint ola juror, a trial lawyer and a sociologist. In future issues a trial judge and an appellate judge will give their The author received his BA from Wesleyan, 1921, and his Ph. D. from Tale, 1928. He was an operational planning officer for the OSS during the war in the India-Burma theater and South eastern Asia Command, specializing in psychological warfare. He is perhaps better known to the citizens of Buffalo as Moderator of the III! Bound Table on WBENTV. He is Professor of Psychology at BB and Chairman of the Department. To contribute to a series of articles on the efficacy of the jury New Dean Named Students Aid In Criminal Defense Plans are presently in progress for the establishment of a Criminal Legal Aid Bureau to be oper- ated under the joint auspices of the Erie County Bar Association and the Law School. At present the amount of time required to adequately assist in the defense of penniless defend- ants in criminal actions, and the lack of any compensation for such work have discouraged many able attorneys from offering their as- sistance to the courts in the matsystem implies appraisal. I have not the temerity to attempt any ter of securing counsel for insuch appraisal—not even a psychological one. I shall therefore digent prisoners. try only to indicate what a psychologist may see in a jury: what The purpose of the proposed psychological forces may be operating in it, what psychological Criminal Legal Aid Bureau is to the wise for me to confess at perhaps, presents. it It is, problems remove these obstructions by placing qualified junior and senior start that my discussion must be essentially academic, for I have the have never law students at the disposal of movies, I never served on a jury; indeed, outside appointed by the Court < been present at a jury trial! GEORGE N. STEVENS Iattorneys to defend these indigent prisoners. There is a sizeable amount of will assist in legal reI It is expected that when the Students evidence from experimental research and interviewing of prisformalities have been necessary search to confirm the everyday obcompleted that George N. Stevens oners. It is planned that students servation that certain advantages be the new clean of the Uni- will also engage in restricted facProfessor Jacob Hyman has will accrue to group perception, critiversity of Buffalo Law School. Mr. tual research for counsel. to cism, and judgment. The errors of recently returned from his trip Professor Charles Webster, facStevens would succeed to the post did conobservation or recall (of testi- Washington where he vacated by Dr. Louis L. Jaffe last ulty member of the committee of Slaughter on the mony, for example) of one indi- siderable work three which will administer the June. vidual are compensated by others Control Regulation for the Office is a graduate of plan, has announced that juniors The new dean of Stabilization. Price in the group, and thus the group Cornell Law School and is pos- and seniors who are interested tends to give a more complete and Mr. Hyman commented that sessed of great experience both in may make immediate application More accurate account of details. the government was very relucacademic and practical phases to him for participation in the the to a a wider and problem, prices approaches program. Approximately twenty tant to freeze wages of the law. He has been admitted range of criticism, and a greater even though they had the power to New York, Kentucky, and students will be chosen each year the suggested apparsolutions are do When variety of to so. it became bars and has taught at the for this work. Ultimate selection likely to arise. On the other hand, ent that the government would be Ohio University of Louisville, Univer- will be with approval of the facit is perfectly clear that these ad- forced to take action to curb the sity of Cincinnati, and most re- ulty and grades will play an imvantages of group judgment may rising prices, the newly formed portant part in such selection. cently at the Western Reserve be quite lost in an overwhelming Office of Price Stabilization found University where he is at present It is hoped that the plan will tide of persuasive force deriving itself inadequately staffed. A call professor of law and assistant be in full operation by the opening from a dominant personality with- went out to the former employof school next Fall. dean. in the group or in the power of ees of the OPA. Mr. Hyman reBackground Wide suggestion inherent in a majori- ceived word by telephone on Satty. But these facts are all readily urday night, Feb. 10, requesting Mr. Stevens received his Bache- j Abstract & Title Co. presence in Washington, lor-of-Arts degree from Dartobservable and appreciation of his To Entertain Seniors them requires no specialized psy- where he arrived Monday morn- mouth in 1931, his law degree from Cornell in 1935 and his chological knowledge. Let us look ing. The seniors and the whole school more closely at what the psycholMr. Hyman also commented Master-of-Arts degree from Louisin 1941. He has actively en- received a very pleasant surprise ogist may see in a jury. that his entire stay in the capitol ville gaged in practice in New York last week. The Abstract & Title InJury & Psychologist's Approach was spent in working long hours War II served surance Corp. extended to Bob First of all, he sees a psycholog- which ranged from early morning and during World for six months as an attorney for Fleming as president of the stuical group—that is, individual per- until late into the night. However the fats and oils unit of the Price dent council an invitation to the sonalities in a more or less spe- he did have, the pleasure of meetSection of the O P A in Wash- Senior class to be their guests at cific psychological interrelation- ing John Hollands who is acting ington. He later served with the a social affair. ship with each other. Then he sees in the capactiy of General Counsel special services division of the The affair will be a luncheon at that group functioning in its role to the National Production Ad- Navy. Upon discharge in 1946, the Buffalo Athletic Club on March as a jury. In the courtroom it en- ministration. It will be recalled he joined the faculty at Western 14, 1951. The lunch will be followed gages essentially in perceiving the that Mr. Hollands taught the CorReserve and became assistant by an informal talk on the proevidence and testimony, the argu- porate Problems Seminar here dean in 1949. blems involved in the title inment, and the charge as they are last year and had been scheduled Confirmation of Mr. Stevens' surance field. presented. In the jury room it elab- to teach Corporations this year. appointment is expected to follow orates what it has perceived, It quickly upon the heels of the offer Morris Galpirin has a date for BON VOYAGE of the position to him by Chanthe Barristers' Ball. JURY SYSTEM DR. I.KNIIOIT (Continued on Page Four) cellor T. Raymond MCConnell. Do You? Hyman Consulted On Meat Controls �OPINION 2 branch, why cannot the school in conjunction with local practitioners set up a similar course? SureOP THE UNIVERSITY OF BUFFALO ly the lecture preparation cannot LAW SCHOOL frightening. No one pretends Editor-in-chief Edward Spector be Managing Editor Harvey Rogers to give exhaustive lectures on the Thomas V. Troy law. A local bar cram course Business Manager News Editor Hubert Crean Feature Editor Edward W. Kinney would save the average student James M. Whytock two hundred dollars in travel and Copy Editor Advertising Mgr George N. Kassman living expenses and also void the Circulation Mgr Kenneth Hodosy tempting possibility of giving up CLASS REPRESENTATIVES class attendance entirely for a David Reisman (Senior) Spero L. Tianilos (Junior) few evenings on the Great White Ben Berger (Freshman) Way. At least it is an idea worth Summouns Co-operative Store Reveals Its Plans The Committee for the Barrister's Ball: To: Student Body, Greetings: We Command You, that all business and excuses being laid aside, you and each of you appear and attend the annual Barrister's Ball given by and for the student body of the University of Buffalo, Law School, to be held in Clarence, New York, at the Brookfield Country Club on Saturday, the thirty-first day of March, 1951, beginning at 9:30 o'clock in the evening of the aforesaid day and lasting until 2:00 o'clock in the morning of the first day of April, 1951; to dance, drink and thoroughly enjoy yourselves to the music of Jay Moran and his band, then and there to be dressed semi-formal; for a failure to attend, you will be deemed guilty of a contempt of the law school and liable to pay all loss and damages sustained thereby to the Committee While the Law School Co-operative Book Store has been in existence for only one year, it has proven a rousing: success and benefit to the students and the school itself. Much of the credit for the success of this student venture is OPINION IN ABSENTIA K. O'Shea, Jr. Albert B. Mugel Edward thinking over. Wanted . . . alumni news STAFF Morton H. Abramowitz, Michael BeiIt was the intention of the lewech, Jr., Lee Benice, Mary K. Davey. Phyllis Hubbard, Thomas A. Kel- Editorial Board of the OPINION to ly, John Krull, Robert Liebman, K. reserve a column for the use of J. Murty, Winthrop Phelps. Donald the alumni, such column to have Serotte, David M. Yellen. its inception in the present issue. Faculty Advisor Richard Arena However, extensive efforts by the Cupidae luventuti staff to induce one of our many Legum to write the column have MARCH, 1951 alumni met with failure. It is not now our intention to abandon our efforts in that direction. We sincerely feel EDITORIAL that the alumni has as much at System? Honor Who Killed the stake in the OPINION as the presently constituted student body. It We thought it had been suffi- has long been our hope that the ciently publicized in the last is- OPINION would serve the double sue that the student body was in function of a student organ and favor of the honor system. Nat- an alumni bulletin, with the ultiurally the next move was the mate goal of achieving a closer student council's. Even if that contact between the school and its august body begs to differ with alumni. In line with this goal we this paper and the students con- are now suggesting that each incerning the efficacy of the honor dividual alumnus take it upon himsystem it was thought that its self to send in personal information members would have the common which he thinks would be of sense to call for a referendum on interest. This information will be compiled by members of the the issue. Apparently we overestimated OPINION staff in an alumni your convenience we something or somebody. As we column. For suggest such personal items as understand it, one representative, a Senior, voiced opposition, even births, marriages, engagements, hinting that some students would military service, etc. as well as of more noteworthy merit, c. not co-operate. The others flinched news g. appointments to government before this spark of resistance positions, the bench, winning a big and courageously shelved the case etc. It should be unnecessary scheme for another year. to point out that the success of this Now come, fellows, let us not venture depends upon the wholebe naive. Of course, some people will refuse their co-operation. But hearted cooperation of each and everyone of you. Address all surely this fact should not toll to: the death knell of even an inno- material Alumni Editor cent little old referendum! The Law School Opinion student council is here to repreV. of B. School of Law sent the students and to reflect 77 Eagle Street their views. In a matter such as Buffalo 2, N. Y. this the pale cast of publicity has P. S. Don't be afraid to let others already reflected a student desire for the adoption of the honor known of your achievements. We system. A referendum would not all want to share in your successful consume either too much time or accomplishments. expense, or tax an already overworked council. What are we Let Beer Flow waiting for? Committeemen.. John Olszewski Why All the Way to New York? and Morris Galpirin announce a beer party for Juniors the third As June draws near most Sen- week in April. The class is given iors are shuddering with anticipa- this advance notice so that the ention as they think of the weighty tire body of the class of '52 and expense account entailed In the their friends can prepare for a three week PLI bar refresher rousing evening of merriment. Sugcourse. Maybe a few students gestions are welcomed by Messrs. have asked themselves why New Olszewski and Galpirin for a suitYork is the only place offering able site convenient for the masuch a service. Why cannot Buf- jority of members. A more definite falo get in on the act? If the PLt announcement will be forthcoming is not amenable to a Buffalo after the Barristers' Ball. Vol. 2—No. 4 ' the * due to Henry Rose, Chairman of The Book Store Commission. Among the various gifts which were madß--4p the Law School from the Bookstore profits were: a paper cutter, a postal scale, a postal mimeographer, a metal storage cabinet, two coat racks (one for the girl's lounge and one for the student office), a large bulletin board, and a College Dictionary. The Law School Library is also slated to receive various copies of the most popular primary text books. MOOT COURT PRIZES For the first jkiae iji Freshmen Moot Court, prizes will be awarded for the best prepared case and argument in each Seminar Group. The faculty advisor agrieved. and student judges will judge the Wherefore witness my hand this arguments weighing both the brief day: and the oral argument. Hon. Mike Beilewech STUDENT LOAN FUND Effective March Ist there will Chairman, Barrister's Ball be available to the students a Committee. | petty cash loan fond. Any student or faculty member may make Arens Speaks a short term loan of from one to ten dollars. These funds may be On Wednesday evening, February| procured from Henry Rose, Chalr21, Professor Richard Arens pre- iman of Hi,, Book Store Commissented a comprehensive picture of sion. the political system of Israel to an interested audience at Norton Crofts Union. This lecture, held under the Professor auspices of the Hillel Foundation, Year Tenure Ends 20 explored the subject, "How Democratic is the Government of George D. Crofts, comptroller Israel?" Professor Arens generalof the University ized that the Israeli government is and treasurer 1921, recently announced democratic, although some incon- since June. Mr. sistencies exist due to the percu- that he would retire in Crofts is a professor emeritus of liar circumstances in which this the LAW SCHOOL. nation was engendered. A native of Buffalo, Mr. Croffs degree from In re: The case of Kalben C. received his law University in 1903 and Allett v. Marvin Mar Velons as re- Cornell lecturing in the Univerported in 19 Upper Canadian started sity of Buffalo Law School in Queen's Bench 51; 4 Hammurabi 1904. During the 20 years that Code, Ann. 1. It appeared at the he was associated with the law trial that Marvin Mar Velous uxand Conor ejus querunt de Kalben C. Al school, he taught Torts tracts and in addition served as lett de co quod Idem X.C.A. anno, secretary and treasurer of the &c. pend K. in ipsam M. insultum Law School from 1904 until 1920, fecit, et ipsam verberavit, &c, and when the University was reorganX.M.V. pleaded not guilty. ized. In 1921 he assumed the And the case came on for ver- post from which he is now redict before Imneverwrong, J. at tiring. was the Spring Assizes. It then held by a unanimous court of one that Rex non potest peciarl and Law Review Subsidy non quod dictum est, sed quod factum est, inspecetur. We see no ANY STUDENT WISHING TO reason for over-ruling the decision PURCHASE A COPY OF THE for this is a case of Volenti non FIRST ISSUE OF THE U. B. fit injuria and not one of et sic LAW REVIEW WIIX BE REnota. Judgment for defendant af- QUIRED TO PAT ONLY 20c firmed. FOB HIS COPY. THE BOOKPer Curia: Iwlshlnu, C.J. STORE IS SUBSIDIZING EACH P. 8. lies Ipaa loquitur! STUDENTS COPY FOR sOo| k ' �OPINION Evidence Class Presents Trials 3 Ansmer Legal Eagles Lead Basketball League Class Notes What?— The biggest event of Playing with little fanfare and Probably the most dramatic the year, THE BARRISTER'S even less student WEDDING BELLS: Juniors support, a small glamorous phase legal of and BALL. group of Law School basketeers Russell Osborne and Frank Papa practice is found at the trial court When?—Saturday night, March have been making their presence] are going to be married this June stage. In line with advanced edu- SI, 1951. a big way in the strong | on the same day (to different felt cational belief that doing is learnWhere?—The Brook field Coun- eightin o'clock intramural league on girls, of course). ing, Mr. Arens' Senior Evidence try Club in Clarence, New York. campus. Playing under the style of IN THE RACE: Phyllis HubClass presented the first "mock" Tlmo?—9:80 until 2:00. the Legal Eagles this well bal- bard, '52, is the Law School's cancriminal trial on February 27. Dress ?—Semi-formal. anced quintet has swept to five didate for Queen of the Junior With Mr. Justice Clyde SumMusic?— Jay Moran and his consecutive victories with nary a Prom. Lots of luck and votes, mers presiding, defense counsels band. loss. In their last outing, the Phyl! Mike and Bill Dillon successfully Price?—s3.oo Eagles vanquished their closest riopposed Bert Sarles and Mary Corsages ?—No. TRANSFEREE: Everybody up vals, the Baby Bulls, by an imBreskin, prosecuting attorneys, in pressive 68-37 margin, culminat- here wants to go to Florida but getting a hung jury on both ing an early season drive which Frank Wagner, a transfer student counts of the indictment. The trial New Additions Made left them astride the league from Miami U. prefers the local was complete with bailiff, clerk, To Law School Library has standings at the end of the first clime. Oh well, it takes all kinds a jury of picked Freshmen, and a round of an extremely rugged of people. lively audience. Other dramatis Sam Fleischman, prominent lo- schedule. MILITARY DEPT.: Senior John Betty were Freer, personae Dave cal trial lawyer, has donated a The heart of this winning com- Collins has his civvies and Buch, Hugh Crean, Gene Burke, complete set of the new Federal bination, the playmaker around donned the shed uniform of a naval Herb Herman, and Joe McNa- Digest to the UB Law School Lithe team revolves, is the lieutenant again. Lt. Charles Inmara, who ably played their roles brary. There are 81 physical vol- whom veteran all-around athlete from Al- glesia, USMC, dropped in to envy as witnesses. umes to this set and it is one the fred University, one of Alfred's all- us civilians on his recent fulough The case was People v. Maler, library has long needed. time greats, Freshman Bill Argen- while Lt. Edward K. O'Shea, 298 NY 852, which dealt with the Miss Crissey also announces tieri. Working with Argentieri at USMC, after a few days hereJr., in crimes of forgery second and ut- that a one hundred dollar gift the forward post is the prolific Buffalo, is well on his way to the tering under sections 881 and 887 from the class of 1947 has been scorer of the Eagles, Ken Cooper, Far East and more serious things. of the New York Penal Law. wisely converted into a set of Cor- sporting a sensational 22 point Counsels for the defense and the bin on Contracts (8 vols.) Other game average to ATHLETIC DEPT.: The Law date. The remain- School prosecution questioned directly, valuable additions to the library ing boasts two stalwarts on members of the starting five the varsity fencing team. They cross-examined, and re-examined have been made by Fred Wagner, are drawn from a bench which inall of the witnesses following tha the Accounting Instructor, and lo- cludes Bob Schauss, Dan Roach, are Bob Liebman, a Junior and Freshman Fred Washburn. procedure and decorum of a regu- cal attorneys T. H. Burke and Don Bauer, Matt Wagner, Bill lar criminal \ trial. Judge Sum- Ulysses S. Thomas. MUSIC MASTER: Lou Del CotFitzhenry, Nick Parino, Morton mers did an excellent job and obAbramowitz, and the inspirational to and his trio perform every servers were not without respect player-manager of the team David Saturday night at the Hotel Hamfor his careful and judgelike burg. Suggestion: Get together a Mahoney. handling of the objections and moparty of friends and drop in there Junior Class The sponsors tions. this weekend for a miniature BarWe think that plaudits are in rister's Bail. PROFESSIONAL order to all who participated, and especially to Mr. Arens who menPROCESS SERVICE for the Board of Managers tored the whole presentation. This 500 BRISBANE BUILDING effort represents the first in a Vote For MO 9697 3, N. Y. Buffalo series of such trials. Student atNORM tendance is urged. The OPINION will report on for each of the trials in coming isLaw Representative, MARVIN M. MARCUS KUEHNEL FRANK STRAND sues. Notice To, Alumni Note to Alumni: Any alumni class of the U. B. Law School wishing to hold a class reunion will find a fund available at the Law School, covering the cost of notifying the class members. JOE'S BARBER SHOP Students, Lawyers, Judges "We Serve Them All" NIAGARA and FRANKLIN Sts. Buffalo, New York BUFFALO DAILY LAW JOURNAL 0 PRINTERS PUBLISHERS 125 BROADWAY CL 4919 Your Student Bookstore Saves You Money 805 Walbridge Building General Insurance Monroe Abstract jj & Title Corp. g Cordially Invites | o all of its Friends to 0o U visit its New Offices at s 93 Franklin Street % 10% Discount on these items: Prasker—N V Practise Appleton (3rd Ed.) Richardson on Evidence Crane on Partnership Simes on Future Interests Stevens on Corporations Void on Sales To Secure These Rights And many other texts - —open — - Monday Wednesday Friday I:IS- l:30 Board of Managers CROTTY'S PEACE PIPE BAR & LOUNGE LUNCHEONS BUFFALO N. Y. 47 NIAGARA ST. MARIE"S RESTAURANT "FOOD AS YOU LIKE TT" HOME COOKED MEALS 68 DELAWARE AYE near EAGLE Houri: 7 A. M.-6 P. M. If you desire real tailored clothes, up to date, at reasonable prices, see SAMUEL BLOOM, INC. BUFFALO. NEW YORK 256 PEARL STREET �OPINION 4 Jury System (Continued-from Page One) interprets, i{t evaluates, it judges. The psychologist is interested in neither the legality nor the logic of the judgment. His interest is in the psychological forces which are operating within the group to determine the pace and direction in which the group moves. He is interested in what he calls the group's dynamics, its moving forces. What are these psychological forces? The behavior of any group is the resultant of the behavior of the individuals who compose It. Psychology has long since discarded any such concept as that of a "group mind." The behavior of any individual in any situation is determined by a composite of forces which Includes: Ms perception (the meaning for him) of the objects or person or event to which he is responding, his intelligence, such knowledge and skills as he may have acquired, his needs or desires, his attitudes or prejudices. Moreover, of significance for this particular discussion is the fact that the operation of any of these forces in the determination of an individual's behavior is subject to influence by the individual's group-membership . at the moment. Juror Reacts to his Behavior The moral of this story is that the behavior of the jury, both in the courtroom and the jury room, comprises nothing more than the combined behavior of the individual jurors; that the behavior of the individual juror is determined by his perception of the testimony, the argument, and the charge, by the degree of comprehension his intelligence permits, by the frustrations to which he must adjust, by his prejudices; and further, which is most important of all for our understanding of the group's dynamics, that the behavior of each juror also derives from his membership on the Jury—that is, from such forces as his perception of the function of a jury, of the function of this Jury in particular, of his own role in this jury, of the attitudes and motives of the other jurors. Juror Reacts to bis Colleagues It is this last factor which gives us insight into the problems of group dynamics. To understand For Fine F00d5 .... and, ultimately, to predict the behavior of a group it is not enough to understand, independently of that group, the dynamics of the individual personalities which compose it. My attitudes and motives as understood (however accurately) by my family or my psychiatrist are of no significance in the dynamics of a psychological group which does not include my family or my physchiatrist. The dynamics of such a group derive only from my attitudes and motives as they are perceived (however inaccurately) by each of the other members of the group and from what I in turn perceive to be their attitudes and motives. The dynamics of a jury's behavior lie only in the attitudes and motives and perceptions of the individual jurors as jurors on this . . _ prestige, she perceives a reactionary attitude will inevitanot just as Mrs. Jones, bly be reflected in behavior. But that is not enough, because the bejury of which the other members juror, but as Mrs. Jones, repre- havior of the jury is not merely middle-class businessmen or skilled laborers. She takes her jury duty seriously, listens intently throughout the trial, feels that one item of evidence casts some slight doubt on the defendant's guilt. Yet she perceives the other jurors as serious, honest people, two of them housewives like herare self, perceives her own role, as just Mrs. Jones, and so responds, unconsciously perhaps, to the majority influence, and votes for con- viction. Thus, the perceptions, attitudes, motives of Mrs. Jones as psychological forces have tended to coincide with the other forces operating in the group and have moved the jury along rapidly in the direction of conviction. Suppose a different situation: Mrs. Jones is the only housewife on a jury which includes an unmarried successful career woman, an industrialist, several successful business men, and a labor union executive. Mrs. Jones is equally serious in her intent and feels the same doubt of the defendant's guilt. But now a slight sense of social inferiority influences her perception of the other jurors. To compensate this and gratify her Abstract & Title Insurance Corp. 70 Delaware Buffalo, N.Y. WA.8914 Across From The B. A. C. sentative of housewives, and her doubt of the defendant's guilt becomes the doubt of the housewife, to be championed against the vested interests which she perceives the other jurors to represent. Thus, the perceptions and attitudes of Mrs. Jones, and hence the psychological dynamics of this group are totally different and quite likely to move it at a different pace and in a different direction, perhaps even to Irreconcilable disagreement. From this very sketchy treatment of one of the more complex areas of modern social psychology, I hope It may be clear that for the psychologist the jury is a problem in groups dynamics. To understand its dynamics it is necessary, first of all, to know the basic attitudes and beliefs of the jurors. An anti-negro prejudice, or the sum of the behavior of its components, but rather the result- ant of their psychological inter- action with each other. Hence, it becomes necessary to see how those basic attitudes may be influenced by membership in the jury group and how behavior may be altered by the individual jurors' perception of each other and of their own roles in the group. Perhaps the efficacy of the jury is dependent upon the degree to which the group's dynamics are such that perception coincides with reality. WILLARD A. FINTON General Insurance 700 LIBERTY BANK BLDG. CL. 7965 Court and Probate Bonds BETWEEN AND AFTER CLASSES Ifs McMAMO N"S "FOR A MEAL OR A SNACK" 62 NIAGARA STREET BUFFALO, N. Y. DENNIS & CO. Inc. Publishers & Dealers TITLE INSURANCE Law Books TAX-TITLE DENNIS BUILDING (Jrill Television lc Paid BUFFALO, N. Y. Permit No. 311 .. for Let us suppose that Mrs. Jones need is one of three housewives on a her role, Jury- EST. 1886 ...And Cocktails 34.66 P L & R U. & POBTAGE Sec. SEARCHES Buffalo Rochester Locltport 251 MAIN ST. BUFFALO, 3, N. Y. purtno ri 2310 CL/jlow Phone � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1951-03-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 2 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/12/1951 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d6087f6bcbfaedf71e2ca8fc46b23c82.pdf e93a76d7fa76d9bd91eaa64fc8264412 PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION VOL. 2—NO. 2 DECEMBER 11, 1950 Efficacy of the Jury System A Trial By (Editorial Not.-.: Luncheon Speaker Lawyer's Viewpoint MB. BOBEBT H. HITCHCOCK This is the second in the scried of six articles on the "Realism and continuity from will be the main objectives," said Mr. Clyde W. Summers, the new faculty head of the freshman moot court program, in inaugurating a new system for the coming year. The new plan calls for the establishment of eight "Appellate Divisions" as much like the intermediate tribunal of the state of New York as possible. To this end, the one man senior judge system of the past has been scrapped in favor of three and four judge courts composed of both juniors and seniors. This, it is felt, will provide a more or less continuing membership in these courts, which, under the old system, was impossible. Court rules as much similar as possible to those_of the state appellate courts will be used and an attempt will be made to secure local courtrooms in which the cases may be heard. It is hoped that the realism thus created will stimulate additional interest on the part of the students and at the same time serve to familiarize them with the efficacy of the jury system. The subject will be covered from the pera juror, a trial lawyer, a sociologist, a psychologist, a trial judge, and an appellate judge.) (The author received his Alt from Georgetown in 1925: an 1.1.H from year to year sonal viewpoints of Fordham In 1928; Stall of the V. S. Attorney for the Western District of New York, 1935-1943; Special Assistant to the Attorney-General, Department of Justice, Washington, D. C, 1943-1947. At present, he is a partner in the firm of Kenedck, Bass, I.etchworth, Baldy and Phillips, of Buffalo, N. V.) The terms of the topic fortunately require little definition. In the context efficacy to me means "the capacity to produce the desired results." The desired result, albeit not always so to the litigants, is the arrival at truth in the trial of actions, both civil and criminal. Trial by jury is the best known and most generally utilized method of resolving disputed matters of fact. Matters of law are properly within the realm of those trained in the law. The scope of our discussion does*' not embrace the history of trial by jury. It suffices here to say that it has existed in the United States continuously throughout our history. Professor Albert R. Mugel, comThe Constitution of the State of New York provides for trial by bat veteran of World War 11, was jury "in all cases in whi^h it has recalled to active duty with the been heretofore used," and the Third Armored CatfalKy Regiment Sixth and Seventh Amendments to at Ft. Meade, Md. oh Nbvember 27 the Constitution of the United at his reserve rating~of-<Saptain. During the last war Captain MuStates preserve trial by jury respectively in criminal and civil gel also served with armored units for his 4% year tour of active duty. cases. Mention of the constitutional At Normandy he landed on D-day provisions is made so that our plus six. Five battle stars were topic may be viewed with a real- earned for campaigns in the Euroistic perspective. To amend the pean Theater and one for North State or Federal Constitution is Africa where he served as an observer for the British Eighth Army. no little undertaking. Most of Capt. Mugel's time was A jury, with some exceptions, as used in both Constitutions, means spent with the 717 th Tank Bn. as a jury of twelve. As a conse- a tank platoon leader. He also quence, any discussion of other trained and served with the famous methods of ascertaining facts in 4th Armored Division. While in the court room, even assuming training the Captain was often their merit, is somewhat aca- called upon to act as a prosecutor for the Armored Command. demic. Commenting on his recall by the Bar's Responsibility Apart from this practical diffi- reserve, Mr. Mugel stated, "I beculty, there is yet another con- lieve that most reserve officers feel sideration that is of increasing a large responsibility which, perconcern to members of the bar. haps, we all overlooked in our Troubled and alarmed as we are postwar adjustments. I feel we owe by the real and present menace of this responsibility not only to the world Communism, anchored as it country as a whole but in particuis to a concept of society, civil, lar to the troops such as those of domestic and religious, that is the 24th Division which have borne foreign to and a denial of individ- the brunt of the fighting in Korea. up ual rights constitutionally secured Those men should be backed though it does interfere greatin America, we Shrink from ev- even erything and anything having the ly with one's personal life. "Despite these facts I believe tendency of curtailing those rights and the exercise of them by our many reserve officers will have psychological difficulties in adjustpeoples. Ever conscious of the threat of ing because of certain inequities in Professor Mugel Recalled To Duty JURY SYSTEM (Continued on Page PROF. MUGEL Two) (Continued on Page Four) Summers Reveals Plans For Revised Moot Court System Mr. John F. Dwyer, First Assistant District Attorney of Erie County, was the guest speaker at the annual Law School Luncheon held December 6 at the Hotel Buffalo. Mr. Dwyer received his pre-law education at U.B. and Canisius and was graduated from the U.B. Law School in 1932. After graduation he became a successful practicing attorney specializing in negligence. During the course of his workings of an appellate court. career Mr. Dwyer obtained the In order to remedy other delargest personal injury recovery ficiencies of the old system, closer recovin the area with a $114,000 supervision of the research of the ery against the now defunct I.R.C. freshman counsel is planned, with took The assistant D.A. office the judges aiding in the developin January, 1947, and in the course ment of the argument so that betof his duties tries most of the ter methods of research and a homicide cases for the office. better grasp of the problems may be attained by the freshman stuX dent. These innovations\are expected to make moot court of greater value not only to the freshman, Soundproofing of the telephone but also to the junior, who works an actual record? booth, the library's smoking room from and the student office adjoining the lounge will be undertaken in Moot Court Team the near future with university funds. The "Rainmaker" was the subThis will allow students to voice ject for argument when the Unigreat force and versity of Buffalo team of Hugh their opinions with still not be disturbed! by the proc- Crean, Richard Wozniak, and Altors or bother those who are study- ternate Ed Spector invaded Aling. bany in the Interschool Moot Court Competition. The Albany Law The OPINION acknowledges School won close victories over (Last Buffalo and Cornell to emerge as the thank-you note of Mr. Stand) and Mrs. Robert Kuster, regional champions. The case concerned the right of who wish to thank all the Law the Plaintiff to enjoin the DefenSchool Students for the waffle iron they received as a wedding MOOT COURT Booth, Smoking Room To Be Sound Proofed gift. (Continued on Page Four) �OPINION 2 «)■ INHJN Jury System would appear that the legislature was under the impression that important and intricate cases arise in but three counties of the state. Either that or the suspicion the whole, it does this. No lawyer that in those three counties the citizen suffers by comparwho participates in trial work can average or does fail to summon specific ison of his intellectual capacity with those of citizens in the reinstances to the contrary. There are times, it is true, when mainder of the state. It is only jurors are prone to depart from by the narrowest of margins that the evidence and take the law into the Supreme Court of the United their own hands. However, while States has held in two cases with-^ courts act with cautious reluc- in the past few years that neitance in invading the jury's func- ther the statute nor its administion of deciding issues of fact, tration is violative of the Fourthey do not hesitate to act when teenth Amendment. satisfied that the verdict unduly Most lawyers are satisfied with reflects sympathy, prejudice or oth- the jury system. True, they aper considerations apart from the preciate the difficulties associated evidence itself. Orders and judg- with it but, more significantly, ments setting aside verdicts and they are cognizant of greater difrests without warrant, wire tap- granting new trials are not un- ficulties were something substiping, third degree and similar in- common. It is routine but by no tuted for it. ducements to self-incrimination, means perfunctory for defeated There are those who propose trial by jury or even trial at all. counsel to move to set aside the that the judge decide the facts in to The sacred liberties secured verdict. On an appeal from a all cases. This assumes their suthe individual by the Constitution judgment entered on a jury's ver- perior ability to perform this and particularly by the Fourth dict the point is made invariably function. There is no assurance and Fifth Amendments are "tech- that the verdict is contrary to the that judges are any better qualinicalities" to quote their recent weight of the evidence. fied to decide questions of fact characterization by one of our Courts have and exercise wide than is a fair cross section of laywell-known columnists. At times, discretion in such instances, as well Indeed, many judges with unfortunately, courts have taken as in correcting verdicts by, inter men. their lives devoted to the law are the same position. At times, un- alia, reducing or even increasing far less capable than laymen to fortunately, members of the bar the amounts of money awarded a appreciate the realities of every echo the heresy.. party to an action. day occurrences and understand The bar and the bar alone can the probabilities of the actions and Proposals for Improvement to Lest we stop a it. debase put Critics of the jury system con- thoughts of the persons involved. our nation and our profession by Judges themselves tell us that identified tend that the ordinary layman they do not desire the responsipermitting practices lacks the intellectual capacity to with a form of government which decide bility of deciding factual issues in we loathe, the bar must put a understand and accurately and involved addition to their obligations in stop to it. "Those," said Franklin, difficult, intricate questions do ex- pronouncing the law. Trial law"who would give up essential lib- questions. Such proportion yers,) generally, appreciate that erty to purchase a little tempor- ist in some trials. The rec- weeks and sometimes months pass appreciable. Lawyers not is ary safety, deserve neither liberty and provide for them. after a non-jury trial is comnor safety." We of the bar ap- ognize them pleted before a decision is rendered. preciate, as did Webster, that: The usual situation is for the law- Jury verdicts come within a few yers to agree to waive a jury and "God grants liberty only to those : the court or a referee to hours. who love it and are always ready permit resolve such questions. Far and Another suggestion closely apto guard and defend It." away the greater number of trials proaches the blue ribbon idea. The Purposes Accomplished involving", difficult and intricate composite suggestions along that Trial by jury, both by Consti- questions \of fact are in cases line are to the effect that there be tution and tradition, is one of the wherip there is no right to a jury selected in some fashion a group great bulwarks of liberty in our trial in any event, such as equity, of people of superior formal eduAmerican society and our Ameri- patent and admiralty matters. cation in each county who will can jurisprudence. The jury is just New York State has attempted make a career of jury -service; as much a part of the administra- to make some provision for "bet- that that will be their sole occupation of justice as is the judge. ter" and "more intelligent" triers tion. The theory is that such peoWho, better than they, can sift of the fact in cases of unusual im- ple are less likely to be fooled and the truth from the mass of con- portance or intricacy. They are are more likely to understand and flicting, mistaken, perhaps per- popularly known as "blue-ribbon properly evaluate the evidence. jured testimony from parties and juries." The Judiciary Law pro- There is no assurance that the their partisans? vides for such "special jurors" in theory is sound. There is no basis Drawn from as many walks of those counties only having one for assuming that disagreements life as their members; of equally million or more inhabitants. This among them would be any less varied experience, occupation, ed- immediately confines such panels prevalent than at present. Moreucation and economic status, they to but three counties of the state. over, with such a group it would are in a peculiar and superior po- The law further provides that the not very long for trial lawsition to arrive at truth. They court may order such trial of a yers to "spot" which are plaintiffs' draw upon their individual back- civil or criminal action upon ap- and which defendants' jurors. In ground and discuss witheach other plication by a party in a civil ac- all likelihood panels so constithe probabilities, the reasonabletion or by the district attorney or tuted would be the darlings of ness and the justice of a situation, defendant in a criminal action, if prosecuting attorneys and those or otherwise ap- satisfied that the case is of such representing corporate defendants. and consciously ply the instruction of a young importance or intricacy as to reStill another proposal is that Tennessee judge, Andrew Jackson, quire it. To most lawyers the one or more sociologists or psywho admonished hig juries to "Do very concept of a special or blue chiatrists sit at the hand of the what is right between these par- ribbon Jury is repugnant. On the judgeand tell him what the facts ties. That is what the law always whole, they are defendants' Juries- -areTThe argument appears to be means." in civil) actions and convicting that these scientists can reduce the (Continued from Page One) OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Communism as destructive of all Editor-in-Chief....Michael Beilewech, Jr. liberties, many of our well inManaging Editor Edward Spector tentioned, patriotic and loyal citiBusiness Manager Thomas V. Troy News Editor Hubert Crean zens take the position that in the Feature Editor Richard Wozniak investigation, apprehension and Advertising Mgr George N. Kassman Circulation Mgr Kenneth Hodosy trial of those suspected, rightly or Secretary Edward W. Kinney wrongly, of criminal conduct, it CLASS REPRESENTATIVES is dangerous, ridiculous, wrong, Harvey Rogers (Senior) even un-American, that they Spero L. Yianilos (Junior) Ben Berger (Freshman) should be accorded any rights at all. ABSENTIA IN Guilt by due process of law has Edward K. O'Shea, Jr. Albert B. Mngel given way to guilt by association and that in turn is giving way to STAFF Morton H. Abramowitz, Mary K. guilt by accusation. Why be bothDavey, Phyllis Hubbard, Thomas A. Kelly, John Krull. Robert Liebman. ered by such things as, for exE. J. Murty, Winthrop Phelps, Donald ample, searches of homes without Serotte, James M. Whytock. warrant or legal process, seizures Legum Cupidno luventuti of personal or other effects without like warrant or process, arVol. 2—No. 2 Dec. 11, 1950 EDITORIAL Progress Report What the UB Law Freshman 1950 accepts as long established, ivy clad tradition, the Senior may remember as grandiose castles in of Spain. Just two Short years ago the present seniors shivered in drafty Millard Fillmore, straining to catch the pearls of wisdom being cast before them by the Oracles far below. The sink or swim philosophy, aided by acoustics of another age, was then in full flower. To the left and to the right the students thrashed furiously with their Eversharp3. In the midst of this maelstrom of hysteria, a few paused a mo- ment, maybe two, to dream dreams. They knew a new building was going up. They did not relisn visions of three more years of excruciating, boredom in the midst of architectural splendor. Instead, they envisioned how those years could be profitably spent. This was a varied crew. Some could think only of food, others only of parties, and some, the practical ones, only of the law. But there were others who paused long enough in their hysteria to snicker at dreams of comaraderie, and to tap foreheads knowingly at mention of student bookstores and cafeterias, newspapers and law reviews, coke machines and beer parties. Today the OPINION, the Law Review, the Cafeteria, the Frolics and Balls are with us to stay. The ones who snickered and chided? Many of them are gone. The dreamers? No one has paused to count the survivors. But all of us can look about and count their dreams. It Is my conclusion, formed both juries in criminal actions. They from my own experience of liti- are the prosecutors' delight. It gation and from conversations with judges and lawyers of greater ability and experience, that, on the whole, the jury system accomplishes its purpose. We say, on �OPINION ascertainment of truth to somethingapproaching an exact science —test-tube justice. They, we are told, need but read the lie detector, or similar mechanical aid as the engineer reads the slide rule. The result in both instances is equally exact. Professional experts are suspect to trial lawyers. Whether they be doctors, scientists, psychiatrists, so-called mental experts, or of other calling-, trial lawyers recognize the virtual impossibility of getting them to agree upon anything. In the or- 3 Law Review Asks Yuletide Cotillion Student Assistance At the election of officers dur- ing the Nov. 20th meeting of the Law Review Staff, E d wjo. r d Schwendler was elected as editor to replace David Buch who was forced to resign for personal reasons. Richard Wozniak was chosen as business manager. He will be assisted by Jack Gruber and Spero Yianilos. Buch will continue dinary garden variety negligence as a member of the Editorial action two doctors of equal education and training will make a physical examination of a plaintiff. One has no doubt but that there are serious permanent disabilities. The other, with equal freedom from doubt, will testify that there is no such thing. Two alienists will examine the same defendant. The one testifying for the prosecution positively swears that at the time of the homicide there is no doubt but that the defendant understood the nature and quality of his actions. The other, with an equally imposing list of degrees, says upon his oath that the poor fellow neither could nor did understand. This could be extended indefinitely. It would be difficult to convince trial lawyers that the administration of justice would function better with them as triers of fact. It is doubtful that there will be found a trial lawyer who will agree with Mark Twain that "The jury system puts a ban upon intelligence and honesty, and a premium upon ignorance, stupidity and perjury." There are times, however, when each of us feels with the Greek philosopher more than five hundred yearswho before the birth of Christ cortplained that "Wise men ~1,-jul causes, hut fools decide ttuxnJr November 21, 1950 associate Board. The Review is anxious to make clear to all students that all contributions by Juniors and Seniors not on the staff are welcome and will have the same opportunity for publication as any other article. The criteria in any case will be quality. It is especially intended to invite work by a student on a specialty with which he has more than the usual familiarity. Seniors are asked to keep this fact in mind when writing seminar papers, for HUBBARD MOTOR SALES EST. 1922 HUDSON MOTOR CARS Sales, Service & Parts 164-172 W. FERRY GA. 0267 Buffalo 13, New York BUFFALO DAILY LAW JOURNAL ® PRINTERS PUBLISHERS 125 BROADWAY CL4919 whichever is the sooner. Music to the point of superfluity will be supplied by Lou Del Cotto and his joint tortfeasors. So come, all you jolly debu- It's students. Therefore, all contributions, letters, arid suggestions are hereby sojjcited. All those interested are requested to contact any member •'of the OPINION staff or the class representatives, or leave the material in the OPINION office next to the Students' OUR ADVERTISERS! Your Student Bookstore Saves You Money • Discounts Range Up To STRAND 40% — open — 805 Walbridge Building Monday, Wednesday, Friday General Insurance ° Monroe Abstract ! & Title Corp. Cordially Invites y I all of its Friends to visit its 0 0 New Offices 1:15- 1:30 n jI f] o ~, 93 Franklin Street n 0 | | LEDGER-DEM A IN: Expression of thanks to Senior Jim Edwards for setting up the books for the students' snack bar and book store. COMMON CARRIER: Harvey ("Sparkplug") Rogers, '51, fur- nished the transportation to Albany for the U B Moot Court Team. EXECUTIVE: More power to Junior Mary Ann Killeen, who recently became the President of the Buffalo Chapter Trinity College Alumni Association. NOVEMBER NUPTIALS: Congratulations to Jim and Tom McMahon of the Class of 1951 on SERGEANT: Anthony J. De Ma- rie, '53, will answer to this title now, instead of "Struggling Young Law Student." Reservist De Marie is now stationed at Camp Hood, Texas. WELCOME: To the new Librarian, Miss Lois Crissey, from Ithaca, N% Y. Miss Crissey is a graduate of Cornell and a member of the New York Bar. To Messrs. Littleton H. Smith and John Hollands, who have joined the faculty, and who will administer the courses in Estate Planning and Corporations, respectively. A SPEEDY RECOVERY: To Senior Carm Parlato, who has spent the last five weeks in the Veterans' Hospital. Lounge. FI^ANK Class Notes permeates the entire atmosphere on this evening of beerful enchantment. The stipend: nominal only $.50 per couple; the place: at the Knights of Columbus club on Delaware Avenue; the time: Friday, December 22 from 10:00 their marriages. P. M. to eternity or 2:00 A. M., in some cases the two projects may tantes, "debutees", juniors, senbe correlated. In any event, the iors, etc., get your reservations staff will be glad to assist students now before it is too late! —Lady Lucy Duff Gordon in finding proper topics. P.S. Get your tickets from George Kassman, Hugh Crean, Your OPINION! Tom Troy, Spero Yianilos or Ben Berger, or ask me and I'll tell The OPINION is fundamentally you where to go. a students' newspaper. It was designed primarily for the expresPATRONIZE sion of news and views of law NOTICE Anyone interested in becoming manager of the Student Bookstore for the year 1951-52 please contact Henry Rose. There is a nominal compensation attached to the position. OPEN LETTER TO OPENMINDS Dear Editor: "The Law School Frolic -is an affair that no ardent and sincere law student can afford to miss." —N.Y.— ;—N.Y.S. 2d—. The Frolic, an informal dance proclaiming the new social season, is traditionally the occasion for the Freshman class to make its official, debut. "Bacchanalian" is a poor word to describe the hilarity and conviviality which MANY THANKS: The folding chairs in the Student Lounge, a welcome sight to the eyes of weary, footsore' lunch eaters, have been transferred from the campus the auspices of Comptrol- through ler George D. Crofts. MARIE'S RESTAURANT "FOOD AS YOU LIKE IT" HOME COOKED MEALS 68 DELAWARE AYE near EAGLE Hours: 7 A. M.-6 P. M. IF YOU ARE PLANNING A CHRISTMAS PARTY OR GET-TO-GETHER AT THE OFFICE OR STORE... We are now prepared to offer you complete catering service including everything. Deluxe Tray Service. Cold Cuts, Sliced Turkey, Baked Ham, New York Style Corned Beef, Delicious Home Made Salads, Kosher Dill Pickles, etc. Also cold Soft Drinks as well as cold Beer and Ale. Sandwiches of all kinds. '■ Delivered When You Want It ! ! To Your Store or Office ! ! NEW YORKER SANDWICH SHOP WRIGHT'S DELICATESSEN! 44 WEST CHIPPEWA ST. MO. 7643—CL 9446 461 ELMWOOD AYE. GA. 2465 ; �OPINION 4 BOOK REVIEW COURTROOM, by Quentin Reynolds, New York; F&mr, Ktrcuss & Co., 1950; PpXrV. 419 $3.75. "Courtroom", the story of the famous Judge and criminal lawyer, Samuel Leibowitz, by Quentin Reynolds, presents a definite men- ace to law students who have in- tentions of glancing at a book for a few minutes of relaxation and then going on to read their assignments. It's almost a sure bet that once this bit of living America is started, only the most case conscious will lay it aside to delve into the grave problems that faced Helen Palsgraf, Beulah Crane, or Ethel Sea Carr Havely, (contingent remainder and all). The contrast between the book and the legal material to which we are being at present exposed is, of course, tremendous, and certainly a refreshing change. It is a peek into the operation of the actual legal mill, rather than a glance at the stockpile of raw material lying outside and waiting to be used. The excellent treatment given by the experienced reporter and ex-law student to the various phases of the career of Judge Samuel Leibowitz would be hard to excel. It seems an almost ideal matching of\wrije/r and material. Since the facts alone are lurid and absorbing enough to be written by anyone and still make a good book, the end result is nothing short of terrific. Revelations about the monumental "Scottsboro" cases, which helped pave the way to the use of Negro jurors in the South, will put a lot more meaning into those cases than the decisions found in the casebooks. There is also an excellent opportunity_to get behind the scenes information on such well known characters as "Scarface Al" Capone, 'Richard Bruno Hauptman, "Mad Dog" Vincent Coll, and the highly publicized psychopath, Robert Irwin. There are many other less famous cases which are just as exciting. In describing the cases, no punches are pulled and there are several sections and passages which will prove shocking to those who are on the sensitive side. To one of a suspicious nature, it might appear that if Mr. Reynolds is not trying to clothe Judge Leibowitz in a halo and white gown, he is, at least, using copious quantities of whitewash on his past in the legal profession with the result that there is somewhat of an angelic tint to the whole affair. Such purity, industry, altruism, and desire to see a better world on behalf of criminal lawyers are, of course, qualities to be greatly admired; but some might not be so readily inclined to take everything said at complete face value and give full faith and credit to such a completely rosy picture. However, people of such suspicious natures are inclined to doubt many things. This book will certainly increase the law student's scope, and may prove to be of .great value even though questions from the text won't appear on the bar exam. — H.N.K. Moot Court (Continued from Page One) dant from "seeding" the clouds in such manner that the rain which normally fell on the Plaintiff's land fell on that of Defendant, leaving the former without sufficient rainfall. The Buffalo Team ably argued the case of the Plaintiff appellant in the Appellate Division of the State of Jefferson. The consensus of the judges was that the Buffalo representatives argued well, but were surpassed in the form of their brief. The team was sponsored by the University of Buffalo Law School Alumni Association, which paid all . OUR ADVERTISERS! It's EST. 1886 Television 70 Delaware Buffalo, N.Y. Across. From The B. A. C. the present system. For instance, to clear up their personal affairS" people deferred because of their Professor Mugel received his law occupations in the last war are and pre-law training at U. B. from now beyond the age limit of the which school he received his T.T.R present draft. To remedy this situation the draft age should be in 1941. Since January, 1948 he raised to coincide with the age has been teaching Personal Propgroups of the reservists now be- erty, Estate Planning, Equity and ing recalled. Taxation at the Law School. The "The selective service system should serve the dual purpose of raising men and equitably distributing the burdens of service. Also, every effort should be made to give latter is the field In which he specializes. Professor Mugel is also associated with the law firm of, Kenefick, Bass, Letchworth, Baldy and Phillips. If you desire real tailored clothes, up to date, at reasonable prices, see SAMUEL BLOOM, INC. 256 PEARL STREET BUFFALO, NEW YORK BETWEEN AND AFTER CLASSES It's 62 NIAGARA STREET BUFFALO, N. Y. Publishers & Dealers TITLE INSURANCE Grill WA. 8914 Page One) DENNIS & CO. Inc. BUFFALO N. Y. ... And CecktaiL from "FOR A MEAL OR A SNACK" PATRONIZE I those being recalled every consideration possible as to notice so that the men will have sufficient time Prof. Mugel (Continued McMAHON'S LUNCHEONS For Fine Foods lc Paid BUFFALO, N. Y. Permit No. 311 expenses. CROTTY'S PEACE PIPE BAR & LOUNGE 47 NIAGARA ST. Sec. 34.66 P L & R U. S. POBTAGE Buffalo TAX-TITLE Law Books SEARCHES DENNIS BUILDING Roch.ster Lockport 251 MAIN ST. BUFFALO, 3, N. Y. PhonaCLifa" Phone CL 1 "1? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1950-12-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 2 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/11/1950 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ea2a01d591ef780fee497fb3ae683a55.pdf e3733d17ba52630459ccc8f09f455fbe PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION VOL. 2—NO. 1 OCTOBER, 1950 Efficacy of the Jury System Draft Situation, Readmissions, efflcjcy fiw™"- January Tests Are Revealed Note: This i» the first in the series ol nix articles on the of the jury system. The subject will be covered from the of a Joror, a psychologist, sociologist, a trial yer, a trial judge, and an appellate lodge.) a (Editorial •onal viewpoints A Juror's Viewpoint The first reaction of most citizens when called to qualify for jury duty is a feeling of incompetence and a dread of getting mixed up in something they know nothing about. This is particularly true in the case of women, and after they have gone through the preliminary examination which emphasizes the few points that would disqualify them, they are very much in the dark a\ to the many qualifications they possess which would make them very valuable on a jury. I am sure many conscientious < women exempt themselves from this civic duty, which they would like to perform, because they do not understand what will be required of them, whereas their experience in household affairs or in business together with their own common sense are ample qualifications. When a juror enters upon his duties the unusual surroundings and activities (or rather, apparent lack of activities) which confront him increase his feeling of futility. To the man in the street, or the woman in the house, knowing nothing about the problems of court procedure, it seems as though the jurors in the "bull pen" as well as the court officials and lawyers were all involved in a sort of conspiracy to waste time and money. Many of the jurors gradually find out what much of it is all about, but some, I am afraid, never get out of a very confused state of mind as to their A juror, specific responsibility. unfortunately, does not get much impartial information to help keep him on the track until a trial is all over. Perhaps this is as it should be, but after serving on juries and associating with other jurors over a period of many years I still believe that a little more enlightenment from the Law Review Staff Functioning At UB At long last it is possible to say that there will be a law review at U.B. Law School. The present tense would be even more accurate as there is now a review staff already functioning. This has come about by reason of a considerable demand on the part of many parties, and more important, through the actual efforts of more than a few of the students and the faculty. The faculty has chosen five students to comprise a nucleus of the editorial staff: Robert Fleming, editor-in-chief, and David Buch, Philip Erickson, Henry Rose and Burton Sarles, all as associate editors. This group in turn has named the following seniors as members of the editorial board: Michael Beilewech, Frank Greune, Edward Schwendler, Edward Spector, and Henry Wojciecki. In addition, several members of the junior class have been chosen as, candidates for the review, and these students will, in another year, come to head up the review themselves through leaders of their own choice. The primary purpose of the re- cij>urt Student Council Officers Selected Council Revises. view is to give students experience Cafeteria Setup in legal writing and analysis. To complement the student material and to aid in achieving the requicourt authorities would have been site stature for the review, leading a good thing. articles by outside authorities and One panel on which I served specialists will be solicited and pubwas addressed by a Buffalo judge lished. But to say, as we do, that on their opening day. He ex- the work of the students and their plained why so many jurors had resultant gain therefrom provide been called, what our responsi- the justification for our review is bilities would be, and knowing just a beginning; a review needs that we were sure toNbe critical morexthan/ justification—its need of the seemingly^ unnecessary Wist be a highly competent pubprocedure, lication, aMe_to make its way in a slawness of the JURY SYSTEM (Continued on Page Four) The present international crisis with its attendant increase in the number of men required to maintain the military establishment of the United States has provoked much discussion among the student body as to the probability of studies being interrupted by military service. The following material is intended to assist in clarifying the situation: � Policy of the Law School in Readmisslon of Returning Veterans: Every effort will be made to accommodate the returning veteran. The student be readThe representatives to the stu- mitted if space can will be found for dent council for this school year him without requiring already were elected on Wednesday, Octo- registered students to withdraw ber 4. Robert Fleming of the Senior from school. This problem will class was elected President. Other haunt only the returning FreshSeniors elected are Lou Del Cotto, man. The request for readmission must be received within a reasonTom MacMahon, Joe McNamara able time after the beginning of and Henry Rose. Alvin Glick, Jack the term so as to allow the reGruber, Phyllis Hubbard and Spero turning veteran the maximum Yianilos were chosen to represent benefit from his courses. the Junior class. The number of The law school, for the first representatives from each class time, is inaugurating a plan was increased from three to four whereby students will be required in order to cope with the increased to take January examinations in burdens resulting from the addi- all courses. This plan serves a tional services to the students that two-fold purpose; first, to give tne have been assumed by this body. student the benefit of whatever At its first meeting, the new coun- credit the military service will cil, following established precedent, accord him because of the greater appointed the following represent- number of credit hours he has atives from the Freshman class to completed and secondly, to elimserve until February when the inate the possibility of a returnclass shall make its own choice: ing student repeating the first Ben Berger, John Lanigan, Dan half of any year he has comRoach and Maynard Schaus. In pleted. addition to President, the Council Rule lIIA of the Court of Apelected Henry Rose, Vice-President, peals Act Is Still Effective. Under Jack Gruber, Treasurer and Spero this rule the requirement of passYianilos, Secretary. ing the bar examination before admission to practice is waivedffor anyone who has completed two years in an accredited law school and has spent twelve months or more in the armed forces. The aspirant, however, to avail himself The Co-op Cafeteria operated in of this privilege must return to the Student Lounge under the di- an accredited law school and finrection of the Student Council has ish that part of his studies inrecently undergone reorganization terrupted 'by military service. through the efforts of a special Under the present selective sercommittee headed by Joe McNa- vice law enacted in 1948 every mara. man between the ages of 18 and; Under the new setup the Cafe- 26 must register and keep his teria will be operated under the draft board informed as to all general supervision of a student changes in address and military committee of five which will have status. Unless specifically exempt full power to set prices, secure em- by the law all men between ployees and set compensation for ages of 19 and 26 are liable the to services. The Student Council will continue to have advisory control DRAFT SITUATION (Continued on Page 2) of the student board. very crowded and competitive field to be worthy of our school and worth the effort involved. |if it is �OPINION 2 OPINION Dear Editor Draft Situation (Continued from Page 1) OF THE UNIVERSITY OP BUFFALO LAW SCHOOL Editor-in-Chief....Michael Beilewech, Jr. Managing Editor Edward Spector Business Manager Thomas V. Troy News Editor Hubert Crean Feature Editor Richard Wozniak Advertising Mgr George N. Kasaman Circulation Mgr Kenneth Hodosy Secretary Edward W. Kinney CLASS REPRESENTATIVES Harvey Rogers (Senior) Spero L. Tianilos (Junior) Ben Berger (Freshman) call for a period of 21 months of training and service. The Act specifically exempts certain classes of registrants from training and service. 1. Ex-Servicemen: (A) who have served in the armed services for at least 12 months between 16 Sept. 1940 and 24 June, 1948, IN ABSENTIA (B) who have served in the Edward K. O'Shea. Jr. armed forces for over 90 days beFaculty Advisor Mugel .Albert H. tween December 7, 1941 and Sept. Vol. 2—No. 1 OCTOBER, 1950 2, 1945 (i. c. during the shooting war) Editorial (C) who have served from 90 I am writing this letter on behalf of my senior partner who, regrettably, is unable to do anything for himself anymore since his com- Freshmen approached the building to appeal to reason, but I thought your publication might be able to publicize the plight of the elder lawyer who has been plagued by the present product of the law schools of America, known only by that homely diminutive, "the legal scholar." We have had a veritable parade of these "legal scholars" in the past few years and I am afraid the strain has been too much for my senior partner. These creatures are all cut from the same cloth. The eyes are dull and listless and of their sophisticated and possibly a bit sadistic friends in the upper classes, they were plagued by tales of fifty per cent mortality rates and blood-thirsty axeman traveling under the pseudonym of pro- .. under the present law if their marriage took place before they Anyone interested in becoming manager of the Student Bookstore for the year 1951-52 please contact Henry Rose. There is a nominal compensation attached to the position. received their induction notice. This provision of the present Selective Service Law is presently undergoing much criticism and may be amended when the new Congress meets in January. Once upon a time, law school mittee was appointed. You prob- ably are wondering why I should at 77 W. Eagle with tongues be writing to you. Well, so am I. parched and hearts pounding. Left They tell me it will do no good completely to the tender days to 12 months in the armed forces between 16 Sept., 1940 and A wager: Eighty-five per cent of June 24, 1948 on the condition the fervent vows of last Spring, that they enter the reserve commade by law students while cram- ponents of the U. S. military ser- surrounded by blue shadows. The ming for final examinations, are now slightly berit if not completely vice and remain there until their mouth is turned down at the corsmashed. At that time it was found twenty-sixth birthday ners, the clothes out-of-date and (D) who are honorably dis- tight-fitting that certain phases of a course and the ties are diswere sketchily noted; that four or charged subsequent to June 24th mal. And whenever they speak five cases in a row were not read; 1948 after completing three or they drown you with buckets of and that time was growing short. more years in the armed services. clear, cold logic. Bedlam reigned as a frantic scurMembers of Organized They seem to be completely obrying for the necessary information Reserve Units livious of the presence of women took place. Men who were members of the in this world. The opposite sex has In the midst of this confusion National Guard or other military been reduced by these fellows to said students paused and assured reserve units when the present only two classes, both completely themselves there and then that selective service law became ef- statutory, widows who can elect to such a situation would never arise fective are exempt from induction take against the will and minors again. Clutching a copy of the CPA if they continue to be members under eighteen who must produce in both hands, student X swore and participate in scheduled drills corrobative testimony. We manage that he would be prepared for each and training periods. to tolerate their eccentricities, even and every class; that no case, even smile patiently at citations like 11 joined Men who reserve units the most remote citation, would effective date of the Act Hammurabi Code (Granite Ediafter the go unread; and that the remarks (June 24, 1948) are not exempt tion), but we find it rather diffiof the lecturers would be carefully unless they are World War II cult to restrain ourselves when notated. The phrase, "this will veterans. (The 1950 Amendment they speak longingly of installing never happen again," was the esgas lamps and roll top desks for sence of the vow, made during the to the Act gives the President what they call "atmosphere." It has authority to order all reserve cramming crisis. forces to active duty for a maxi- become almost impossible to allow During the first few days of mum period of 21 months as long them any discourse with the clients. this term X probably did follow as the authorized manpower The last one dealt an irreparable his narrow path, but soon found strengths of the armed forces are blow to the firm when he informed more attractive~sldeways. A perusal our best client, one Doherty, that not exceeded.) of his notes would show an incomour boss knew nothing about renDeferments plete citation or two, and his voi, jurisdiction and the doctrine of brochure of briefs would be lackA student who is in the upper shifting uses. Shocked, Doherty ing. He comforts himself with the half of his class may be deferred packed his Teapot Dome stock and thought that "he will catch up" to the end of the school year. left in a huff. during the next week-end. Letters of certification from the What do we want, you ask? Of course, people who live in school must be presented to the Comparatively little. We might be stone houses should not throw draft board for approval. Any able to tolerate a simple fellow glasses, but a word of warning to other student may secure a de- who occasionally wanders in brazX and his associates. ferment to the end of the semes- enly wearing a loud tie or maybe That week-end will be sometime ter in which he is called. In the even one who leers lecherously at during January. At that point an- case of students a limited discre- the secretary in between drawing other frantic scurrying for infor- tion is left to the draft board. complaints. mation will take place and you will Each case is considered on its inBut how long must we go on not have the time to "catch up" dividual merits in determining smiling patiently when, after we you will be busy cramming and whether a student should be de- mumble, "Good Morning," the making vows. Library hours are ferred for a longer period than clerk leans back, snaps his suspenlengthy, there is a smoking room the law specifies. ders and rasps in a nasal twang, provided for, and the proctor on non sequiMarried Non-Veteran Students "Well, yes and no duty will do everything in his tur" etc. ? power to aid you in your legal Married men, non veterans, are —Attorney's Name Withheld. not eligible for military service research. .. Orientation Day For Law Freshmen Sets Precedent . ... mercies fessors. Now, thanks to a few farsighted people, a new era hag been ushered in. The class of '63 was initiated into the mysteries of the law with pomp, circumstance, good sound advice and valuable information. As our principal speaker, we were fortunate in having the University's new Chancellor, Thomas R. McConnell, who emphasized that the I/aw is a social science and that the attorney has a three-fold duty, i.e., to the client, the community and the Emphasizing profession. that these duties are of equal importance, the Chancellor called further for attorneys with a broad general education in addition to specialized learning In the law. Professor Hyman outlined the basic freshman curricula and pointed out that only three years of hard work can qualify one for the legal profession. He then explained that large numbers failed to satisfactorily complete the Freshman year because at this time there is no scientifically valid method of pre-determining whether a prospective student is qualified to pursue the study of the law. The Professor then exploded the prevalent myth which asserts that a predetermined number of freshmen must be axed to fit the remainder into the Junior classroom. A few upper classmen flashed incredulous grins as he hypothesized that if all previous records were smashed and 150 first year men did survive the ordeal, they go to second year classes in what is now the Freshman classroom and in two shifts if necessary. The Editors of the Law Review and the OPINION, Robert Fleming and Michael Beilewech respectively, delivered short summaries of the purposes and organization of the two publications. Following this, enterprising upper-classmen conducted tours and answered questions. If the OPINION may be excused for editoralizing, we strongly urge that the Class of '52 take over and continue Freshman Orientation INTENT Day as an integral part of the Lawyer, reading client's last Freshman's introduction to the will and testament to circle of school. _j expectant Telatives:—"And so, being of sound mind and underSpero Yiardlos is going to the standing,! spent every damn pen- Greek Ball on November 4th; ny I had before I died." are You? �OPINION Law School Pedagogy By PROF. I. C. BVTLEOOE University of Washington School of Law I The student who writes a long rambling brief which somehow manages to comprise all the facts and, given a char- itable construction, says what can be said about them: him; you may someday have to read his opinions from the bench of the appellate court. H The student who produces a brief which ignores the facts and fails to mention any socalled rules of law: Be lenient with him; but do not let him waste his talents studying law because the characteristic first aforesaid may mean that he will have to undergo the vicissitudes of a politician's life. 111 The student whose brief is a concise statement of the pertinent facts with a clear resume of the judge's reasoning: Confuse him. If the brief is his own, he can stand it, and he has the makings of Endure a lawyer. School Bookstore Proves Successful The Law School Bookstore rethat its first large operation has been completely successful. About 250 students and alumni, Manager Henry Rose estimated, were serviced in some way by the student-staffed and supervised venture. The used book service was especially popular. Many upper classmen and alumni took advantage of this department to sell their old books for substantial sums. The demand for these used volumes by thriftminded students exceeded the supply of those consigned. For the first time new required books were available for sale to the students. This supply also failed to meet the demand. The personnel, all volunteer students who have been reimbursed for their services, received valuable experience in the recent operation. Suggestions for any improvement in the service, are solicited from the student body. As mentioned last year in the OPINION, the proceeds from the Bookstore will be expended in the interests of the student body and the law school. The exact disposition of the sum and its amount has not as yet been ascertained. A full financial report will be available in the ported unofficially IV The student whose brief contains the facts well stated and a critical analysis of the law applied to them: Avoid him. He probably future. knows more than you do, and besides, he may become Appointments Made a subverter of society. V The briefless student: To Moot Court Team Stay on good terms with "May a landowner cause rain to him. If he can hang on without briefs, you may in fall on his own land by artificial future years be asking him means in such a way that his to supplement your endow- neighbor suffers?" This is the question to be dement. cided by the appellate "judges" in \Yes, but what about People v. the second annual Inter-Law School Moot Court Competition. Seniors Jaffe? Richard "R. Wozniak, Hubert Crean, and Edward Spector will represent the UB Law School unBUFFALO DAILY der the sponsorship of the Alumni Association. The first round will LAW JOURNAL be held in Albany in ber. UB will meet the, winner of ® the Cornell-Albany argument and, PRINTERS PUBLISHERS if successful, will go to New York City for the finals. Other out125 BROADWAY CL4919 standing law schools competing include Yale, Harvard, and Chicago. WILLIAMSON'S I A Uf BOOKS »> » BLANKS ** STATIONERY 43 NIAGARA STREET BUFFALO, NEW YORK BETWEEN AND AFTER CLASSES Ifs McMAHON'S BUFFALON^Y.- "FOR A MEAL OR A,SNACK" A 62 NIAGARA STREET 3 Two New Members Added To Faculty Among the new part time in- structors at UB Law School is Donald C. Lubick, a recent Harvard graduate. Mr. Lubick is a product of local schools (Lafayette High School and the University of Buffalo). While in the Air Corps he traveled around the country lecturing servicemen. He has held two previous teaching assignments, one as a language teacher at Lafayette High School and the other as a teaching fellow at Harvard Law School last year. While a student at Harvard he worked on their Law Review and was President of the Harvard Legal Aid Bureau. At the present time he is teaching Legal Institu- , Class Notes BEST OF LUCK: To Edward K. O'Shea, Thomas Isaf, George Francis, William May, and Francis Vance, who have interrupted their legal training to enter their try's coun- service. IN PERSON AM JURISDICTION: Seniors Burton Sarles, David Buch, John Klocke, Ray Wylegala, John Goodell, and Charles Globnick were married since last term. Congratu- lations! INTRODUCING: Mary Jane Booth, the newest addition to the office staff. Barely do we learn her surname and a lucky fellow named Robert Kuster is about to change it (on October 28th) The inKuster's Last tions and is associated with the evitable pun firm of Hodgson, Russ, Andrews, Stand! HAIL AND FAREWELL: To Pat Woods and Goodyear. Klaus, Librarian and instructor in Richard Arens Legal Bibliography, who will wed Mr. Richard Arens is the new Victor Magistrate on November full-time member of the Law 11th. School faculty. Following his gradDEPARTURES AND ARRIVALS: uation from Yale (1948), he re- Professors Arthur Lenhoff and mained there as an instructor for Charles Webster; Once again, Dr. one year. He is a member of the Lenhoff was an expert witness in District of Columbia Bar and has New York City in comparative law, shown an expressed interest in the while Mr. Webster.. conferred with relation of psychiatry to legal the New York Law Revision Comproblems. In two forthcoming is- mission of which he is a member. sues of the JOURNAL OF CRIMVESTED INTEREST: Congratuappear there an INAL LAW will lations to Edward W. Kinney on article Jrfy Mr. Arens on "The Use his recent engagement to Miss of . .. ... Psychiatry in Soviet Criminal Beryl O'Mara. Proceedings." He also co-edited the Genocide Convention and the Con- stitution appearing in 3 Vanderbilt Law Review 683. At present he is teaching Evidence, Wills and Introduction to Real Property. MARIE'S RESTAURANT PATRONIZE OUR ADVERTISERS! 68 DELAWARE AYE near EAGLE 7 A. M.-4 P. M. "FOOD AS YOU LIKE IT" HOME COOKED MEALS "\Jomt4: PAID POLITICAL ADVERTISEMENT FREEDOM IS YOUR BUSINESS! Every voter should make a study of the issues and the candidates. Let those who are for a social welfare state, get in that corner and support the Truman Administration. And give those who are for the free competitive system, a chance to come into the Republican corner where they can vote for candidates who will stand foursquare on those principles. In the crucial test of 1950, make freedom your business! Vote Straight Republican Nov. 7th �OPINION 4 Jury System from Page 1) (Continued showed us that many cases are started and then settled out of court and that though this causes delay and upsets the program, in the end it saves both time and money. He went on to say that many of these settlements would not be made did the contestants not know that there were jurors ready and waiting to try the case. Every one on that panel felt that they appreciated and profited by that judge's good sense and courtesy! Even with this introduction the average man and some women come to the end of the two weeks service indignant at the waste of time, money and energy that goes on for what seem very futile cases. Why should John or Jane Doe disrupt their normal busy lives because Richard Roe and some other party cannot agree on some business transaction which does not in any way affect the community at large? Many jurors feel that negligence cases causing serious harm to some one or criminal cases involving a man's life or liberty are a different matter and should have a trial by jury. Although every one dislikes serving on a criminal case they do feel that it is a job that some citizens must perform. During the long process of selecting twelve satisfactory persons to serve on a case, the prospective jurors get their first impression of the opposing lawyers and they begin to use their ears and minds. They dislike condescension or flattery and respect the lawyer who shows that he considers them capable of intelligent, independent action. At least this has been my impression. When the Jury is chosen and the trial begins the Juror hears from each lawyer a conflicting outline of the case. At this point it might be helpful in directing the Juror's attention to the cvi- denoe if he could have from ttie CROTTY'S PEACE PIPE BAR & LOUNGE ForFine Foods . BUFFALO N. Y. EST. 1886 ... And Cocktails It's that exists in a small room with twelve persons who cannot get away from one another (you cannot walk out of this Security Council) does tend to create a very earnest common desire to arrive at some verdict and not cause the whole trial to be wasted. So the man who had tried to get over in a corner so that he wouldn't have to listen comes back: some one else who seemed cock sure at first really wasn't sure at all and now is anxious to hear what others think et cetera, et cetera. Of course, aftea* a prolonged session when the jury remains definitely divided about half and half it is probable that the testimony was very conflicting and made a decision without reasonable doubt impossible, but when finally one or two jurors find that the other ten or eleven have all agreed in their opinion about the testimony, they do not feel so sure about their own opinion, and usually, though not always, will decide that they may be wrong. Of course the old joke persists about the jurors who hold out just long enough to get a free dinner, but it wastes about two hours to go out for dinner and the juror today wants to get into his car and get home before dark —especially if he is a farmer and lives about twenty miles away. What often happens is that, after a long wrangle when all the Jurors are tired and hungry, they •get into a deadlock and are in no frame of mind to listen to anyone. A good dinner and two hours of rest change the atmosphere and often when they come back a short period of reasonable discussion results in ah agreement. After such a session most jurors come out with a carefree sense of relief and when asked what went oh are glad enough to pass it off with the remark, "Oh, we just flipped a coin." If I were accused of criminal action, although very familiar with the shortcomings of jury procedure, I should want the determination of what I had done intrusted to a jury. Perhaps the truth about a past event can never be discovered, but the attempt must be made. A jury bases its verdict on the impressions made upon twelve persons by the conflicting accounts or biased statements of the witnesses. As for the best way to sift the wheat from the chaff, "Well, if you knows of a better 'ole, go to it!" —A. .117 808 Publishers & Dealers TITLE INSURANCE TAX-TITLE SEARCHES Grill Television 70 Delaware Buffalo, N.Y. WA.8914 Across From The B. A. C. lc Paid BUFFALO, N. Y. Permit No. 311 DENNIS & CO. Inc. LUNCHEONS 47 NIAGARA ST. Sec. 34.66 P L & R U. S. POSTAGE judge an impartial explanation and summary of what the lawyers have said they propose to prove before hearing the witnesses, instead of having no impartial instructions from the Bench until the testimony is all behind him as is now the case. During the trial my ooservation has been that the great majority of the jurors listen to the proceedings to the best of their ability and although many are unable to concentrate or think objectively and remember all of the testimony during a three hour session, between twelve listeners each point of the testimony is pretty sure to get a hearing in the jury room. The average juror sets himself quietly to form his own opinion to the best of his memory and understanding of what he has heard with very little comment to other members of the jury as to what he is thinking. The jury room to those who have lead a fairly honest life, affords an introduction to what incarceration in a locked room feels like, only in this case, it is far from solitary confinement. Whether a juror has formed a very definite opinion of what he thinks about the case or whether he goes into the jury room very much in doubt, it is rather an exciting moment when the first trial vote is taken and he finds out, for the first time, how the other men and women have reacted to the evidence they have all heard. Now the argument starts, very much like any serious argument in a mixed group of people who are not acquainted with one another. If, by luck, a foreman has been chosen who knows how to conduct and control ■ a meeting the particular points on which there is disagreement soon become well defined. Otherwise much time is lost and a very tiresome and annoying situation often develops. However, no matter how hopeless an agreement may appear after an hour or,sp of argument between jurors with opposing opinions, the peculiar situation Buffalo Rochester Law Books DENNIS BUILDING Loclport 251 MAIN ST. BUFFALO, 3, N. Y. , _, Phone n CMJ2309 f$ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1950-10-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 2 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/1950 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/13c92e40b0afba1db9440aea78494321.pdf 330b010806c2fb8ee6c6a1e1eaaf89da PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL , * OPINION VOL. I—NO. 4 U. B. Law School Placement Service Booms In 1950 On May 28, 1950, at Boulder, Colorado, James P. Gifford, associate law dean at Columbia University, declared in a speech at a conference on legal education and admissions to the bar that the placement situation for the 1950 law classes "is now and is going to be very difficult." The Columbia dean went on to say that the post war era saw law schools flooded with students and that those graduating this year are reaping the cumulative effects of the 1948 and 1949 overproduction. In viewing the work of the University of Buffalo Law School's Placement Service, Prof. Albert Mugel declared that, "the general statement made at Boulder did not apply to the Buffalo area in that our Placement Service has accommodated more graduates of this year than in 1949. Working in conjunction with the Law School Alumni Association, the service attempts to broaden the field for the young lawyer in that opportunities in government, business, and other related areas, are brought to the attention of the student. Business, trade, and industry are contacted to acquaint them with the potentialities of the graduating law student." Mitchell Fund Created The OPINION on behalf of the student body wishes to extend its appreciation to Mrs. Lavinia A. Mitchell who recently donated a gift of $28,000 to the Law School for the establishment of a UB Lecture Fund in honor of her late husband, James McCormick Mitchell, attorney and Chairman of the University Council from 1937 until his death in 1948. Civil Rights ... JUNE 2, 1950 New York --By PROF. JACOB D. HYMAN With the passage of the Austin-Wicks Bill prohibiting discrimination in publicly assisted housing, the siate of New York again asserts its leadership in the protection of civil rights. Since the advance has been a steady one over the course of many years, it is easy to overlook its magnitude. For this reason, a review of the constitutional and principal statutory provisions protecting civil rights in New York may be of some interest. As early as 1787, the laws ofs employment, education, and now New York included an extensive housing1. bill of rights, many of the proviIn the case of public accommosions of which were then or later dations, Section 40 of the Civil incorporated in the Constitution. Rights Law reflects the modern These cover substantially the same flowering of the old common law grounds as the first eight amend- duties of inn keepers and common ments to the Federal Constitution. carriers. Nine times in this cenAs now set out in Article I of the tury, and five times in the last New York Constitution, they in- few years, Section 40 has been clude: the procedural rights of amended to make more concrete habeas corpus, jury trial, indict- the principle that "All persons ment, the assistance of counsel, within the jurisdiction of this state notice of the charge, confronta- shall be entitled to the full and tion of witnesses, protection equal accommodations, advanagainst double jeopardy, self- tages, facilities and privileges of incrimination, excessive bail, cruel any places of public accommodapunishments; the personal rights tions, resort or amusement, subof freedom of religion, speeclC ject only to the conditions and press, assembly and petition; th| limitations established by law and right not to be deprived of prop- applicable alike to all persons." erty except for a public purpose Specifically, denial of accommodaand upon payment of compensa- tions on account of race, creed, tion, and the general right to be color or national origin is now free of restraints other than by prohibited. And "public accommothe law of the land and according dations" are defined to include to due process of law. The most almost every conceivable type of recent addition is Section 11, public "facility: eating places and adopted by the Constitutional Con- bars, stores and service establishvention of 1938. Guaranteeing the ments, places of amusement and equal protection of the laws, it recreation, all manner of public specifies that "No person shall, conveyances, operating1 by land or because of race, color, creed or re- water, and public halls or buildligion, be subjected to any dis- ings occupied by two or more tencrimination in his civil rights by ants. The single important excepor by the tion relates to institutions in their any other person or subdivision of the "nature distinctly private." state state." This provision is more than the It is the principle involved in declaration of a principle. Section this last clause that is being con- 41 of the Civil Rights Law authorsistently made more effective by izes a person discriminated against the legislature. The major areas in to sue for a penalty of between which action has been taken re(Continued on Page Three) cently are public accommodations, ... ... �OPINION 2 OUINIDN A Letter OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-chief....Michael Beilewech, Jr. Managing Editor Edward Spector Business Mgr Edward K. O'Shea, Jr. News Editor Hubert Crean Features Editor Secretary Richard Wozniak Edward W. Kinney Class Representatives Donald Jaffey (Senior) Thomas V. Troy (Junior) George Grobe, Jr. (Freshman) Staff Louis Del Cotto, George Kassman, Spero L. Yianilos ... April 27, 1950 To The Students of the Law School: The editors of the Opinion have asked me to make a farewell statement to the students of the Law School. It is a sad thing to say goodbye to you because in this School I have had the most deeply satisfying experience of my professional life. But I welcome the opportunity to proclaim once more the purposes of this School. We are engaged here—the Faculty and the Student Body— in a joint enterprise. Together we undertake to prepare the student for the everyday practice of the law, and, incidentally, for the Bar Examination. The State of New York demands that those who seek a license to practice law have a certain competence based on certain information and for that the Faculty accepts responsibility. But our educational aims are much more inclusive. All of them derive from the grand premise that the law is one of the Faculty Advisor Albert H. Mugel prime guardians and promoters of our way of life. Our education should include a constant and cooperative search for the values June 2, 1950 Vol. I—No. 4 which we most cherish, and for the means of effectuating them by the method of reason in a constantly changing scene. Here at the threshold of your mature life we undertake this exploration Editorial together. To be truly educated, to be truly devoted to the law is to be dedicated to this exploration not merely for the three years By this time, all of us, like of your formal education but for the rest of your life. We do not Belshazzar, have been weighed in always succeed in our aims. We are apt, I am afraid, to set our the balance. Let us hope that, unlike that unfortunate ancient, none sights not too high but too low. But let me'assure you that we of us will be found wanting. Tak- have established a fine reputation throughout the country for ing the cue, even the OPINION has devotion to high standards of legal education.^/ tinkered with scales of introspecYou will go out from here very much concerned for your tion. It is our humble opinion that, livelihood. Your mind will be taken up by title searches and negliwhile meteoric success has not gence suits and bill collections. It must be so. It should not be been ours, we have attained our forgotten that the law deals with all of the concerns of human initial objectives, foremost of which beings; nothing touches them more nearly than the integrity of and the most obvious being the birth of a U B Law School journal. their person and their property. No, it is not what is done but Not only the student body but also the manner and spirit in which it is done. It can be done as part the alumni have received the fact of a shoddy game; it can be done with fairness and dignity. with comforting words and enBut even the practitioner whose conduct is absolutely correct thusiastic support. But do not may become bound to the narrowest professional interests. He imagine that the paper you see may come to see legal education entirely in those terms. He may before you is the sum total of our resent the Law School's dedication to broad social concerns and aims. Plans have been carefully wide educational perspectives. He may yearn to make it his laid for next year, encompassing expansion to a paper twice present instrument, his servant. My parting hope is that you will not size and contributions by the na- become narrow professionals; I hope that you will share my view tion's leading legal scholars. Such that the Law School makes its greatest contribution to the worth plans necessitate selection, of stu- and the dignity of the Bar when it insists finally on an independdent editors and staff members on ent interpretation of its role. The Bar and theLaw School, workthe basis of merit. It is contem- ing together for the high ends of the Law, each its own way, each plated that selection by the with due regard and concern for the function of the other, can OPINION and its faculty advisor fulfill and strengthen each other. As students and as future memwill be a badge of distinction. But absolute assurance that it shall be bers of the Bar, I pledge you to these ends and pray for your good such ultimately rests with those of fortune and success. us who will be designated members LOUIS L. JAFFE, Dean. ' of the staff. WANTED PAY Emu *10C»« School. «JJ the *•«••«• first part of next semester. "Anything For Parties" SARLES DELICATESSEN Flint. MiehlKut 1480 HERTEL Aye. DE9595 Agfreaaive YOUR ALUMNI DUES NOW law ntudent—To »*• farther details write: For TelT*» I*w Publishers, Inc. 829 Marcmret Street sell "Where Cornbeef I* King" �• OPINION Civil Rights. (Continued from Page 3 .-. New York One) plaint, the Commission is author- the-Education Law (Section 313) ized and directed to investigate. If declares it to be an unfair educa$100 and $500 any person who the complaint proves well-founded, tional practice for a postviolates Section 40 or who "shall the (Commission attempts to elimi- secondary school subject to state aid or incite the violation." Viola- nate the practice by conciliation inspection to exclude or discrimition is also punishable as a mis- and persuasion. If that fails, for- nate against any applicant or studemeanor. Section 514 of the Penal mal hearings are to be held. If dent on the grounds of race, creed, Law to a substantial degree rein- they result in a finding of viola- color or national origin. Certified forces the Civil Rights Law, by tion, the Commission orders the religious and denominational making it a misdemeanor if any practice discontinued. Only if that schools are excepted from the law. person "denies or aids or incites order is disregarded does the case If violations are alleged, informal another to deriyXo any other per- reach the courts. discussion precedes any public adson because of race, creed, coldr The Commission's reports indi- ministrative action. Only if the the full cate quite clearly that even or national origin ). in the violations continue may orders, enenjoyment of any/of the accom- short period since the passage of forcible in the courts, be issued by modations" of pktces of public re- the law it has been effective the Board of Regents. Here again, in sort or amusement. broadening the employment oppor- th^example of New York has been . . While the very nature of the tunities of minority groups. And followed in other states. Both and New Jersey, factual evidence difficult, doubts instrumental in the passage of however, have gone somewhat furhave been expressed about the effi- similar laws, since 1945, in seven ther by making their laws appliccacy of private penalty suits and states. able to all schools which accept criminal prosecutions to achieve New York in 1948 extended the applications for admission from the goals. That the legislature same type of control to colleges shares the doubt may be inferred and universities. An amendment to (Continued on Page Four) from the adoption in 1942 of a provision (Section 45) authorizing the Industrial Commissioner to exercise investigative and subCLYDE W. SUMMERS CHARLES W. WEBSTER poena power in order to enforce the Civil Rights Law. As we shall Clyde W. Summers, Associate Charles W. Webster, Assistant see, several of the latest statutes Professor of Law was born in 1918. Professor of Law at the U.B. Law provide a complete administrative He received his collegiate and procedure for enforcing this kind legal training at the University of School, and-Jroulty Advisor, Erie of law. Perhaps a similar pro- Illinois, B.S. 1939 and J.D. in County Bar Bulletin was born ijL^ cedure may be necessary to make 1942. After in teaching for three 1920. fully effective the State's declared years at the University of After receiving the degree of policy to end discrimination in Toledo College of Law, Mr. Sumplaces of public accommodation. from Marquette University Ph.B. mers did graduate work in law at In contrast to the gradual Columbia receiving a LL.M. in in 1942, Mr. Webster went on to strengthening of the protection of 1946. In 1949 Professor Summers the University of Wisconsin Law access to facilities open to the joined the faculty of the U.B. Law School where he received the depublic, an abrupt advance was School. gree of LL.B. in 1948. In his senyear Mr. Webster ( served as made with respect to employment Among the subjects he teaches ior in 1945, with the the at the present time are: Wills, Editor-in-Chief of the Wisconsin Law Review. State Commission against discrimAdministrative Law, Personal ination. The statute (Executive Property Agency He has been on the faculty of and Partnership. Law Sections 125 ff) declares it to the Law School since 1948 and in a Summers has had Professor be an unlawful employment pracwas made a Consultant for number of articles published in 1949 tice for employers to refuse to outstanding the N. Y. Law Revision Commis-i law reviews: \j hire any person, or to discriminate "Fair Procedure before the sion. against any person in terms of Michigan Law Review; Professor Webster teaches CrimN.L.R.8." employment, because of the per"Sources and Limits of Religious inal Law, Real Property Law and son's race, creed, color or national Illinois Law Review; Land Transactions. origin. Upon the filing of a com- Freedom," "Admission Policies of Unions," He is a member of the WisconQuarterly Journal of Economics; sin State Bar and a Lieutenant in and "Right to Join A Union," the U. S. Coast Guard Reserve with three years of active service. Columbia Law Review. problem makes the collection of this demonstrated success has been Massachusetts REVIEW OF FACULTY / creation^f BUFFALO DAILY LAW JOURNAL 0 PRINTERS 125 BROADWAY PUBLISHERS CL4919 USED CARS...NEW CARS WHATEVER YOU NEED Our Law School Representative is Edward K. O'Shea 808 JOHNSON MOTORS KENSINGTON near BAILEY "Where dealt are OFTEN BIG but NEVER too SMALL" �OPINION 4 Gvil Rights ... Sec. 34.66 P L & R U. S. POSTAGE New York lc Paid the public generally, not only postsecondary schools. And now a similar step has been BUFFALO, N. Y. Permit No. 311 taken with respect to housing, al- though it does not relate to discrimination in wholly private undertaking. The need for action arises from the vast increase in housing developments owned or aided in some manner by the State or its subdivisions. Under the Public Housing Law (Section 223) discrimination has been pro- hibited in state operated^low-rent projects. The existing laws were held by the Court of Appeals, in Dorsey v. Stuyyesant Town, not to prevent discrimination in privately owned housing developments which had received substantial state or local assistance. This gap became serious with the passage of the Federal Housing Act of 1949 and the certainty that large-scale, public-supported including segregation in any houshousing would be constructed. To I ing development which received prevent the discriminatory pat- any public aid, whether by tax terns which are being corrected in exemption, reduced land cost, asso many other areas from becomsistance in assembling the land, or ing deeply imbedded in housing, direct grant of funds. Damage the legislature acted promptly and suits by persons discriminated decisively. Introduced, like most against and taxpayers' actions for recent civil rights legislation, with an injunction are the methods of bi-partisan support, the Austin-1 enforcement authorized. The Bill Wicks Bill prohibits discriminationI passed both the Senate and the housing introducing ... The Sensational New Reinforced Paper No Pages to Patch • Inexpensive •• Time Saving and declares that practices of discrimination against any of its inhabitants because of race, creed, color or national origin are a matter of state concern, that such discrimination threatens not only the rights and proper privileges of its inhabitants but menaces the institutions and foundations of a free democratic state." The progress thus far made is ample proof Assembly unanimously. that the goal can be fully achieved The reason for all the legisla- if the people of New York will tion reviewed here has been clearly cooperate in the enforcement of expressed in the findings of the the legislative standards they have Legislature in the Law Against themselves set. Discrimination in employment: Note: Subsequent to this writing the legislature hereby finds Gov. Dewey has signed the bill. ". . . DENNIS & CO. Inc. Publishers & Dealers Law Books DENNIS BUILDING STRONGLEAF PAPER Inc. 988 Saw Mill River Rd. Yonkers, N. Y. 251 MAIN ST. ki v DiiccAirt Y. BUFFALO, •>3, N. . DL n 2310 Phone CLi/"OS 2311 ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1950-06-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 1 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 6/2/1950 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/48b679991356170f886e86d298a112be.pdf 70c37714368c48a8c80057cfaafb0163 PDF Text Text UNIVERSITY OF BUFFALO LAW SCHOOL OPINION VOL. I—NO. 3 APRIL 10, 1950 Student Letters UB LAW SCHOOL HONORED WITH U. S. SUPREME COURT CLERKSHIP Score, Defend Honor System Signal Honor A signal honor was bestowed on the University .. .. of Buffalo Law School as well as on the recipient of it when C. George Niebank, Jr. a senior, was appointed one of two law secretaries to Supreme Court Justice Robert H. Jackson. Mr. Niebank, an alumnus of Phillips Andover Academy and Yale, will receive his L.L.B. from the University this June, whereupon he will leave for Washington to take up his duties. Each Justice has two secretaries who usually serve for one year. To The Editors: Their duties are diversified but inFurther comment seems in orclude a large amount of preliminder concerning the honor system ary work on petitions for certiorari. for examinations. The system, as Each secretary will handle those usually considered, is possibly petitions originating in the home misnamed, as each student is not circuits of each justice. Other tasks only honor-bound not to cheat; he include the endless delving into the is also obligated to report any per"tomes" to find authority for difson he observes cheating. The ferent points of law which the dual nature of the safeguards is Justices use in their opinions. Mr. the essence of the system. ProC. GEOKGE NIEBANK, JR. Niebank will be well acquainted tection of the individual, whether with this type of research as it accused or accuser, is provided by coincides with his work as one of having thorough confidential prothe three student editors of the ceedings before an elected tribunal Erie County Bar Association Bulleof students. Simply stated, we stutin. dents—well recognizing our defiIt has been the practice in, the ciencies—^would look after ourpast for Harvard to present the selves/ as befits grown-ups. Plans for the annual class parties nominees for these coveted posiThe; present system of hired proctors proclaims us as childishly have been underway for the past tions, although Yale and Chicago irresponsible or worse, and must few weeks by representatives of the University law students have octherefore nearly eliminate person- three divisions. As of this date, casionally received appointments. al freedom. The honor system the Frosh are the only ones who Now, for the first time, the University of Buffalo can lay claim to would allow us to act and be have crystallized said plans. Chairman John Olszewski an- a Supreme Court law secretary. treated as adults —surely1 a tremendous gain with nearly un- nounces that the Freshman affair This is, indeed, fitting as a climax limited freedom the result. More will be a dance to be held on Fri- to a year which presented us with important, the honor system will day, April 28, 1950, at 9:30 p. m. at a fine new building and ushered in hay among new clasthe Riverside VFW Post at 1005 a bright new era for the Law ses entering the school, and as the Tonawanda Street in Buffalo. Each School. present system can never have— couple will be assessed $1.50 to | Many other U. B. Law School a potent and cumulative educa- defray expenses of entertainment i Alumni have entered government service leaving splendid records,betional effect, serving in no small and refreshments. way to raise the ultimate standThe members of the committee hind them. Others are at present ards of our conduct. To deny this are: Phyllis Hubbard, Archie Hun- in Washington working in the legal ter, John Gruber, Spero Yianilos, ■*- SCHOOL HONORED STUDENT LETTERS SCORE John-Wick, Alvin Glick, and Hack (Continued on Page Two) (Continued on Page Four) Connelly. EDITORIAL NOTE: Because of the furor raised by the recent referendum on the changing of the system of examination, the OPINION is omitting its "Concurring and Dissection and presenting senting" hereunder two letters to the Editor, pro and con, in substitution. Messrs. Fleming and Crockett, members of the Junior Class, express most of the arguments that usually arise upon the discussion of honor systems. The whole idea has been tabled by the Student Council and the OPINION wonders: has it become a moot question? Perhaps the presentation by the council of a carefully formulated plan would answer the question. Frosh First To Set Date For Annual Law Class Parties — �OPINION 2 REVIEW OF FACULTY CPINION OF THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-chief...Michael Bellewech, Jr. Managing Editor Edward Spector Business Mgr Edward K. O'Shea. Jr. News Editor Hubert Crean Features Editor Richard Wozniak Secretary. Edward W. Kinney Class Representatives Donald Jalfey (Senior) Thomas V. Troy (Junior) George Grobe, Jr. (Freshman) Staff Louis Del Cotto, George Kaasman, Spero L. Yianilos Faculty Advisor Albert H. Mugel Vol. I—No. 3 April 10, 1950 gel's Editorial The pros and cons of the^much maligned honor system have been ably stated by the Messrs. Fleming and Crockett. Of course, limited space prevents PROF. MUGEL Albert R. Mugel, Professor of Law at the U. B. Law School and expert in the fields of property and taxation law, was born in 1917. He received the degree of bachelor of laws in 1941 from the University of Buffalo. Mr. Mugel was admitted to practice in New York in that same year and became associated with the Buffalo firm, Smith, Kendall and Pedersen. Since 1941, he has been associated with the firm of Kenefick, Cooke, Mitchell, Bass and Letchworth of this city. From 1942-1946, Professor Mugel served in the U. S, Army, being Trial Judge Advocate, Armored Command, in 1943-. Among the subjects in Mr. Mu- their argu- ments from being exhaustive. But inasmuch as no detailed plan was presented to the student body, both sides have been left to grope aimlessly for a framework upon which to drape their arguments. The result has been that the real issue debated, both in print and in the corridors, has not been the honor system, but honor itself. Too often during the recent bull sessions, the words, honor and ethics, were bandied about as if leprous or at the most, some monstrous joke. The newspapers, radio, and movies have characterized the lawyer as an evil, grasping Shylock without soul and a money bag for a heart. The disturbing aspect of this adverse publicity is the effect it has even within the profession and particularly as to the attitude of prospective lawyers. We do not mean to imply that the honor system is the way to salvation. We merely question the wisdom of those who smile knowingly at the mention of honor and ethics. History has taught us that law can either be used as a weapon to enslave society or to protect it. The traditional guardian of the law has been the lawyer. It is not a responsibility to be taken lightly. teaching background are: Trusts, Future Interests, Personal Property, Taxation and Estate Planning. He also conducts an advanced seminar in Taxations Problems. He is a member of the Erie County Bar and New York State Bar Associations. In the classroom, Professor Mugel effectively combines the best aspects of both case method and lecture systems of teaching. As a result of his facility in presentation his classes are among the most enjoyable the student is likely to encounter at the U. B. Law School. Practice Symposium Offered to Students A series of panel discussions is being planned by the Alumni Association to aid the graduating student. Prominent members of the profession will lecture on various phases of getting started in practice, the opportunities offered to the young lawyer in business, governmental agencies, law enforcement, and politics; the general problem of office management; legal ethics and bar associations. The sponsoring of this symposium is in keeping with the objectives of the Alumni Association, one of which Is aiding the student and recent graduate. The OPINION views this project as a worthy one in providing effective teaching and' preparation for practice. It Is hoped that such a symposium will become an annual event at the University of Buffalo Law School. PROF. LAIDLAW William King Laidlaw, Professor of Law at the U. B. Law School since 1931, was born in 1900. He received both his prelegal and legal education at Cornell University, receiving his A.B. in 1922 and LL.B in 1924. After admission to the bar In 1925, Mr. Laidlaw practiced in Ellicottville, N. Y. before coming to U. B. as a lecturer in law in 1926. Among the subjects he has taught are: Bailments and Carriers, Contracts, Personal Property, Agency, Bills and Notes, Partnership, Sales, Wills, Trusts, and Future Interests. In addition Professor Laidlaw has also written articles for the Cornell Law Quarterly and the Lincoln Law Review; and in 1940 published his edition of "Cases and Materials on the N. Y. Law of Succession." He has held the position of Research Consultant for the N. Y. State Law Revision Commission and is a member of the Erie and Cattaraugus County Bar Associations. As a professor Mr. Laidlaw has shown great ability to gather together the isolated cases into concise but broad principles for the benefit of his students. School Honored (Continued from Page One) departments of the multifarious boards and commissions. Among this large group of past and present "Capitol" men are: John Lord O'Brian, '98, who was General Counsel of the War Productions Board and is still active in Washington legal circles; David Gray, '99, Minister to Ireland; Robert McNulty, '25, who was Chief Attorney of the Enforcement Division of the War Productions Board; Manly Fleischmann, '33, who was Assistant General Counsel of the War Productions Board and General Counsel of the Foreign Liquidations Commission of the State Department; Charles Kendall, '33, General Counsel for the Natural Resources Board; David Adams, '37, who was Assistant to the Chairman of the FCC; Jean Cowper Allan, '41, Assistant General Counsel for the Office of International Finance of the Treasury Department and Jack T. DlLorenzo, '48, Attorney with the Postmaster General. �OPINION 3 LIEBOWITZ, J.; CAVEATS FOR THE YOUNG CRIMINAL TRIAL LAWYER Last month at the annual dinner As a rue, if the adverse witness' testimony has not harmed the case or if one has other witnesses present to contradict him, there is no point in cross-examination at all. York lectured on the 'do's and As in the case of objections, crossdon't's' of criminal trials. examination is of value only when the witness' testimony may prove The Judge's first commandment was that the young lawyer never embarrassing. The aim, in such an event, is to prove the witness could be too observant. If necessary a shameless liar, a hopeless exaghe should not hesitate to re-enact gerator of trivialities or, at the the crime at the scene itself to remistaken. But if the testifresh the memories of witnesses or least, mony such that it cannot be to give himself a better grasp of shaken,is the witness should not be the problems involved. allowed to repeat the damaging At the trial, the lawyer should facts. He should be cross-examined restrict his objections only to the only on collateral matters. admission of evidence he feels will Judge Liebowitz summed up by damage his case. Judges frown uppointing out the rather discouragon the practises of some over-zeal- ing fact that criminal law is not ous practitioners who badger the as lucrative a field as some other court with pointless objections branches of the law, but this is every time a question is asked. more than offset by the fact that Often these delaying tactics will the lawyer is playing a part in a, so infuriate the bench that even drama involving, as Judge Liebolegitimate objections may be over- witz aptly expressed it, "Flesh and an exasperated presiding Blood." To those who feel that ruled by judge. musty ledgers, yellowed parchThe most important phase of the ments and quill pens are not for trial, Liebowitz feels, is the cross- them, criminal law may very well examination of witnesses. Legal be their field. graveyards are glutted with cases —DON JAFFEY which foundered upon the rocks of poorly phrased questions. Often a winning cause of action cannot survive a poor cross-examination. Notice meeting of the Young Lawyer's Section of the Bar Association, the Hon. Samuel Liebowitz, judge of Special Term, King's County, New . BUFFALO DAILY LAW JOURNAL 0 PRINTERS PUBLISHERS BROADWAY CL4919 125 As explained in the headnote to the Letters Re Honor System article, the Concurring and Dissenting feature remains a permanent fixture in the OPINION. All student contributions are more than welcome, in fact they are heartily encouraged. Class Notes CONGRATULATIONS TO: Alexander Cordes C5O) who received the annual Gold Key Award presented by the Erie County Bar Association to the student who has contributed the best work to the' Erie County Bar Bulletin. The winning article, "Evidence, Due Process, Search and Seizure," appeared in the January '50 issue. To Thomas V. Troy '51, Law School's new representative on the Board of Managers and to Freshmen Spero Yianilos, Archie Hunter and Jack Gruber who were elected to represent their class on the Student Council. A WELL DONE to Tony Renaldo and his Committee for their efforts in presenting another successful "Barristers' Ball." TAPPED for Bison Head, UB Honor Society for students contributing the most to the University's extra-curricular life, were Mike Beilewech C5l) and Henry Rose C5l). The honors were well deserved. ". FORECAST THEIR SHADHarvey Rogers ('5l) OWS" whose picture appeared in the Inquiring Reporter's Column of another local paper, has already been approached by prospective clients. A prisoner at Attica State Prison, on the strength of Rogers' statement to the press, took the liberty of writing to him in hopes of receiving legal aid. And while one was trying to get out, Winthrop H. Phelps C52) was putting another one in. Phelps, a policeman when not taking law notes, nabbed an escaped prisoner last month In front of the Law School. This was extra-curricular activity for Phelps who was off-duty from both oc- ... . . cupations. USED CARS...NEW CARS We Specialize! In what you like . Hors D'oeuvres ... Salads in Quantity . . . Cold Cuts "Anything For Parties" SARLES DELICATESSEN .. "Where Cornbeef is King" 1480 HERTEL Aye. DE 9595 WHATEVER YOU NEED Our Law School Representative is Edward K. O'Shea 808 JOHNSON MOTORS KENSINGTON near BAILEY "Where deals are OFTEN BIG but NEVER too SMALL" BETWEEN AND AFTER CLASSES Ifs McMAHON'S 62 "FOR A MEAL OR A SNACK" NIAGARA STREET BUFFALO, N. Y. �OPINION 4 Student Letters Score, Defend Honor System (Continued from Page One) is to forego even modest hopes for improvement. We are presently studying to enter a profession that, among more than few, carries a bad name because many of its practi- tioners debase its ethics. We should wish for no better task on entering practice than to vindicate those ethics by our conduct. This effort must start now or be foreclosed. Some of us are prone to dismiss any mention of ethics with the easy arguments of cynicism and an emphasis on what is termed "being realistic;" we do so to our ultimate regret for there is nothing more real than the necessity to recognize and face moral problems. Especially is this true in a law school, for the law is nothing less than the practical expression of society's moral standards, and each of us must eventually take part in the continuing development of the ls*§__ The training of lawyers able W fulfill such needs is exactly what legal education means; nothing less will do. The honor system* offers us the introducing The Sensational ... New Reinforced Paper No Pages to Patch •• Inexpensive • Time chance at least to gain a great deal at the risk of losing almost nothing; I submit that we should give it a thorough trial at the earliest possible time. Robert B. Fleming To The Editors: The purpose of a professional school is education, not the development iof character. Though the honor system for examinations might be used to advantage in some schools, nothing could be more inconsistent with the entrance requirements in our school. We were not selected on the basis of our honor; the requisites are " basically scholastic. There is a rumor (which is" not irrebutable) that the legal profession boasts a high standard of ethics. Certainly the reason for this does not lie in the screening process by which only the worthier applicants are admitted to our school of law. Most of ius were admitted on the basis of/Wir written application; we were not interviewed—many of us had never even seen a member of the fac- — <f ulty. out honor now, will certainly not be changed by a system that affects him only twice a year. Just what freedoms are allegedly denied by the proctor system is none too clear. It would appear that the only freedom to be gained by the abolition of that system is the freedom of movement. An argument such as this is hardly worth rebutting. Those among us who nave weak kidneys or who need more than one smoke during the morning, had best make special arrangements with the judge so that sufficient recesses may be granted. That the honor system (if properly instituted) might add prestige to our-school is hardly to be doubted. But such a system to be effective, must operate among a class of students who are equal to it. If the effect is to minimize cheating, then it would seem that we have erred in admitting this class of student to the school, and the premise, in fact, denies the question—are we of sufficient character to 'honor' the honor system ? And, too, it seems a little late in life to attempt to mold moral character, if this is the purpose. To eliminate the use of dubious tactics in law school would havejhe effect of a miracle drug, (relieving the symptom while it fails to check the disease itself, Le., the availability of an Lib. to some who are not worthy to practice. Chas. Crockett An honor system will not create honor where none exists—it is merely a device for manifesting virtues which already exist. The institution of the system in a school where galoshes become missing, where books are mutilated, could be nothing but a^arce. If more desirable anplicants for the bar is the objecfie in view, may I suggest a more critical investigation of the applicants to our law schools. He who is with- PATRONIZE OUR ADVERTISERS — Saving DENNIS & CO. Inc. Publishers & Dealers Law Books DENNIS BUILDING STRONGLEAF PAPER Inc. 988 Saw Mill River Rd. Yonlcers, N. Y. 251 MAIN ST. BUFFALO, 3, N. Y. PkOM CI(M?c Phone 23?? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1950-04-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 1 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/10/1950 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:40:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d9e6a606a9004fae605019092eb32700.pdf 3b4d61a1411046e770e94114517f4fcc PDF Text Text UNIVERSITY OF WFFAIO LAW SCHOOL OPINION • VOL. 1-~nO. f.iIHOAWY 3^ MiQ Historical Survey UB LAW ALUMNI ASSOCIATION Shows Changes In POWERED BY FRESH INTEREST Admission to Bar Notice The object of tMs association shall be to engage la activity deEDITORIAL NOTE: The procedure followed in being admitted to The OPINION Invites all Inter- igned t* extend the reputation practice a* an attorney and counsellor today generally involve* the obested parties to participate is Its and mHoeace of the Unlvwrtlty of taining of a decree from a law are Buffalo School of Law as an tasttschool and then Seine examined by operations. The qualification* the SUt* Board of Law Examiners. relatively simple: you must be tutton devoted to Urn highest Ail mission to the New York Bar Is sympathetic with the ideals and standards of learning and ethics controlled by the Rules of the Court or Appeals for the Admission of At- aims of the OPINION as set forth In Urn Law; to co-operate with the torneys and Counsellors-at-Law, the in its first issue, you must be Councfl of the University of BufRule* of the State Board of Law Ex- willing and alert, and, of course, falo; to assist the Law School In aminers, Rule one. Rules of Civil Practice, and Section 465 of the Juyou must be able to afford the providing effective teaching and diciary Law. An interesting contrast U offered by Professor LsldlaVi time. For the sake of life with preparation for practice; to assist article. continuity, the OPINION specifi- worthy student* In the study of cally Invites thoie of the Fresh- law; to facilitate employment of ty Prof. WILLIAM K. LAJDLAW man Class. graduates of the school; to stimuA new abuse of admissions to The members of the staff have late Ike interest of the Alumni ihe bar made Its first appearance been Instructed to report to the and the community In the law in New York State in 1855, wear- OPINION the names of those who School, and to create a dose ining a cloak of respectable purpose. evince a genuine interest. Ergo: tellectual bond between the AlumThe court was authorized to ap- all those who wish to participate ni, facility, and students." With this in mind, approximatepoint v committee of counsellors can do so by contacting a staff to examine the candidates for the member and by attending the next ly 100 alumni present at the gendegree of bachelor of laws in the general meeting which will be an- eral meeting of January 30, 1950, vigorously began the reactivation law department of Hamilton Col- nounced in the near future. lege. When a certificate of- the of interest in the UB Law School Alumni Attention. degree was granted, the court members might admit its bearer to admiswere notified and the representation was true, as a special effort sion as attorney and counsellor Saturday, without further examination. This was made to insure the attendprovision was defended as a reaChairman Anthony Renaldo of ance of at least two members sonable attempt to eliminate the toe Senior Clati announces that from each graduating class since inconvenience to the student of plans lor the annual Law School's 1891. traveling to the place of exam- Barristers" Ball are nearing comDean Louis L Jaffe addressed ination and is said to have made pletion. Due to the great success the gathering on the function of possible the opening of the law of last year's affair, the commit- such an organization and outlined department of Hamilton, since tee has acquired a larger site for its objectives. By-laws were then Hamilton was at Clinton, N. V-, a the 1950 ball. proposed and unanimously adopted. village from which the courts The new officers and executive The UB Barristers' Ban will be could not be reached conveniently. held on Saturday, March 11, 1950, committee are as follows: President, A similar, but greater conces- from ten to two, in the ballroom Robert Lansdowne, '25; Vice-presision was made in 1859 to the of the Hotel Buffalo. The orches- dent, Gilbert J. Pedersen, '33; Sec. Albany Law School. The members tra of Sandy Kulick and His Col- retary-Treasurer, Albert R. Mugcl, of its own faculty were made the legians will be featured and the '41; .Executive Committee memexaminers and the bearer of its price per couple will be $3.00. bers (2 years), John Naples, '47. diploma had a right to admission. Members of the dance committee and Lester S. Miller. "32; ExecuThe diploma could be obtained are representatives of the three tive Committee Member (1 year), upon attendance at the school for LeGrand Kirk, '25, and Edward L. classes and are: Seniors Norman three terms of twelve weeks each. Zeis, Wells Knlbloe, and Dan Book- Robinson, "35. The following year the same privi- binder; Juniors George Kassman. The! dues were set at $2.50 per Thomas Troy, and Michael Belle- year. Notices are being sent out to wech, Jr.; Freshmen George Grobe, an Alumni and the committee exSURVEY SHOWS CHANGES pects a good response,^-—— (Continued on Page Four) Tom Kelly, and Dick Good. Barristers' Ball Due March 11th *" —~-~^^ �OPINION 2 ©EPSNEON o» not or REVIEW OF FACULTY imnmsxTT bottalo lAW MHOOfc DR. LENHOFF PROF.HYMAN Dr. Arthur Uahoff. «Mrgatfc Jftcob 0. Hymen, ProfMtor Of •ad zealous Profeasor of Law and I*Uor-ifr4*M Miduei B*ll.wtch. Jr. Law. specialising la the field of Mawunav Editor fUwmrd Spwtor native of Austria, received his doc public and governmental law, was 8i_...-.».! ..» M*r._.E4w»rd K. OShea. Jr. torate in law from the University born in 1909. He received his acaN« wa KUitor ._ Hubirt Crc»n Kcaturea Ertitor ....Richard Woxniik o( Vienna in 1908. From 1915-1938 demic and legal education at Harhe practiced in Vienna and also vard University, being awarded a C'..i«» R •prr"'-ir.i>t;viii er.joyod a widely dlv*nUl«d ca- BA In 1931 and a LLB in 1934. )>M.4ii| J»iiy (H-ni.ir) rter m iawyar, •flucater, flMlti. H» wu a4mltU4 to «rwU«* tmUrnrse ilrobe. Jr. (Fre»hman) man and judge; thus bringing to fore the New York Bar In 1935 and the law school perhaps the widest the general practice of Staff cultural and legal background con- engaged in Louis Del Cotto. Gcore* Kinmin, law in that city until 1939. From tributed member the by any Edward W. Ktnney. of fac- 1940-1946, Professor Hyman deulty. \k voted his energies to practice with Faculty Advisor Albert H. Mufel He Joined the law faculty of his the Federal Government, being Elma mater in 1916 and was uniattached to the Office of the Soliciversitaetprofeaor from 1927-1938 tor, U. S. Editorial Department of Labor also professor of the Law being from 1940-1942. and later with the It is with mingled feelings that School for Women, Vienna, during Office of Price Administration with we note the departure at the end of this year of Dean Louis L. Jaffa, the year 1918-1919. A member of which agency he was Associate for examinafor Harvard. We feel that Harvard theState Commission General Counsel during 1945-1946. law students from 1917could not have made a wiser choice tion of In 1946, Mr. Hyman was aphe by -1938, was honored elevation but we are equally positive that pointed associate professor of law the bench in the capacity of to U3 will rind it difficult to replace at the U. B. Law School and was Dean Jalfe either as an adminis- Judge of the Austrian Court fpr raised to full professorship in Matters, which po- 1948. trator or a professor of the law. Constitutionalfrom 1930-1934. Durhe held The Dean's inimitable teaching iition At the Law School, Mr. Hyman techniques have long been a stim- ing the year 1937-1938, he was has become especially noted for for the codification of draftsman ulus and a challenge to the new his tactful but effective method of UB law student who, in his under, an Austrian Labor Code. After coming to this country producing the desired student regraduate days, probably had found in 1939,Dr. Lenhoff was appointed action of thought by the question little use for the thinking cap. method. By encouraging student the faculty of the U. B. Law his During tenure of office the to participation in class discussions, School, becoming 1944. in professor Dean has been faithful to the He is Professor of Labor Law, he has been able to effectively Imschool's liberal tradition. He has Workmen's Compensation and So- press the subject upon the student. balanced amazingly well the inMr. Hyman is a member of the Security, cial Conflict of Laws, terests of developing good legal National Lawyers Guild, the Ameritheorists with that of supplying Equity, Legislation, Domestic Re- can Bar Association, and the Erie the area with young lawyers well lationsand Insurance Law. Dr. Lenhoff has also been ac- County Bar Association. grounded in local law and proceMr. Hyman's avocation*! intertive as an author of legal articles dure. Be has always been in dose are really vocational contact with the local bar so that both in Europe and the United ests as they include he has been well qualified to know States. His monumental casebook in character, Legislation indicates his crea- a strong and active participation the area's current needs. Indeed on the civil liberties' movements; he has always been ready to ex- tive ability in a field of legal edu- in fitting interest for the lawyer in periment to that UB could be a cation which is still relatively new. a To the subjects and students he his capacity as a social engineer. better law school. Dr. Lenhoff imparts his teaches. But now the Chancellor must PLEASE PAY find a new Dean. There are own boundless enthusiasm for the ALUMNI DUES capable candidates in the school law. itself. Undoubtedly there are equal. ly capable candidates outside of Concurring and Dissenting Buffalo. In the selection of a Dean f* _ , in the post, quality not geographical residence has been the deciding factor. But whoever receives the honor, the new dean will be undertaking a responsibility that will increase over the years. For the sturdy foundation laid by Dean Jaffe and his talented predecessors, the beautiful new building, and our liberal tradition insures Buffalo's destiny as one of our nation's leading law schools. PATRONIZE OUR ADVERTISERS TO THE EDITOR: On behalf of the staff and myself, I wish to welcome the OPINION into the fold of University newspapers. such an endeavor is always worthy of note, for an outlet for students' views is a healthy and conCongratulations. structive factor ROBERT FRASIER Editor Of The Argus (No Brickbats?—Ed.) Address all letters to: THE OPINION UB LAW SCHOOL 77 W. Eagle Street I ... .. Buffalo, N. Y. �OPINION 3 Bookstore Surplus to Dr. Lenhoff Named Benefit Law School, Committee Chairman Lenhoff. University of Student Activities Dr. Arthur professor of tow, has been The Law School Bookstore, a new service to students, concluded it* i'irst week of operations with a Uo'.'.ir volumo business just short Of 200. Of this, Henry Rose, the n.-,c^Ktor« CommlMion'i chairman, repartee! Just ever 325 to be aur. plus. Rose and his associates (Spero YianUot, Frank Croune, Phil Eiickson and Charles Gaughan) stressed the point that the Bookstore is a student venture and can Buffalo appointed to the position of chair- man of the Committee on Euro- Class Notes OFFICE MEMO* Marjorle Crupp became Mr*. John Hovorka and exchanged her duties as the dean's secretary for those of a New York City housewife. The OPINION extends Iti heartiest congratulation* to me b*ld» and groom , Miss Betty Frier was promoted to fill vacancy of the Dean's tecretary and the office staff was brought back to full strength with the addition of Miss Sue Frucht- .. pean Law of the American Bar Association's Section of International and Comparative Law. The general purpose of tnu com* mlttee Is to examine tendencies and trends In European law, to handle special problems on this subject, and to develop such related projects that will familiarize American lawyers with the progress of Eurosucceed only with student coopera- pean law. taUßL tion. The store's existence will be LIFE ESTATES: Seniors Merjustified only by the amount of wini Schwartz, John Crehan, Richmoney students can save by patard Swanaon and Donald Jaffey. Fred Catalano utronizing it and not by any InciSHARP QUILLETS OF THE LAW, and Freshman dental benefits that may be de- by Judcr Charles S. Dnmrad of the tered, "I do," since the last issue. e( York Court Appeals; DeaaU The OPINION extends its best rived from its operation. In the NewComp*«v. and IMS. event of surpluses, however, even One of the latest additions to wishes to the happy couples and those will be returned to the stu- the lighter side of legal literature may they soon be eligible for addents in varied forms, either as is Judge Desmond's recent) book, mission to our ■ exclusive subsidies for student projects, as SHARP QUILLETS OF THE LAW. STORK CLUB: Future lawyers contributions to the library, or as It consists of a collection of deci- were born to the Bob Flemings honorariums for bringing in speak- sions rendered by the Court of CSD and the BUI Dillons C5l). ers, or maybe even as a fellowship Appeals during the last one hun- Even the Faculty was delighted and scholarship fund. But to be- dred years of its existence. Each by the patter of little feet. Progin with, the communications con- decision selected is imbued with fessor and Mrs. Hyman also are scious Commission recommended that peculiar quality which smacks celebrating the arrival of welthat the initial surplus be utilized of early Americana. The earthy come little trespasser. for sound-proofing the telephone remedies used, the oddity of each booth. All Commission members factual situation and the witty donated time and services to this annotations which follow make project without compensation, but for entertaining reading for lawit is expected that next year volun- yer and layman alike. The huteers will be reimbursed for their morous results of looking at anyThe annual Junior Prom of the efforts. thing irt retrospect is used to ex- University of Buffalo will be held cellent advantage by Judge Des- co March 4, 1950, at the Hotel from 10 to J p. m, fea|mond and leads to a somewhat Sutler the orchestras of Hal Mcsmug attitude on the part of the turing 'reader in appraising the applica- Intyre and Jay Mann. tion of the law in his own generaTicket salesmen appointed for tion. The end result is a picture the Law School art: Wells Knibof just what the "hoppers" of the loe. Senior; Henry Rose, Junior, courts emit as law when justice and Eugene Heidenberg, FreshPRINTERS PUBLISHERS must be mixed with precedent. man. Tickets, at $5.70 per couple, E. KINNEY. are available now. BOOK REVIEW . .. a. Junior Prom Tickets Available At Present BUFFALO DAILY LAW JOURNAL 125 BROADWAY CL4919 USED CARS...NEW CARS We Specialize/ In what you like ... Hors D'oeuvres ... Salads in Quantify . . Cold Cuts "Anything For Parties" . SARLES DELICATESSEN "Where Cornbeef is King" 1480HERT£L Aye. DE9595 WHATEVER YOU NEED Our Law School Representative is Edward K. O'Shea 808 JOHNSON MOTORS KENSINGTON near BAILEY "Where deals are OFTEN BIG but NEVER too SMALL" BETWEEN AND AFTER CLASSES Ws McMAHON'S "FOR A MEAL OR A SNACK" 62 NIAGARA STREET BUFFALO, N. Y. �OPINION 4 Sarret Shows s Alumni-Sponsored (Continued tram rat* Om> Moot Court Team Returns With Report ten was contend on two «Umt Change upon the original granting of tMs privilege to graduates of Hamilton, could not by any stretch of the to law schools In the dtles of Albany and New York. The University of Buffalo Law faculties. At tht University of tIM diploma of the reAfter the privilege had been City York, New Moo: Court recent! School's Tc2.11. twelve three terms of extended to one school in the quired j ly returned from nat.onal compe- I tition ir. New York City, is to be iweeks each, or wo such terms1 state, it was impracticable to with, conqrruuiatcd on its fine showing. |with one year's study of law else- hold it from others. It involved The team, composed of Seniors jwhere. At the law school of Co- unseemly competition among the Alexander Cordes, C. Georse Nie- lumbia College attendance of law schools, based not upon bar.k, Jr., and John H. Gridley, re. eighteen month* was required. For the next decade the student { their merits, but upon the concesports that the project was of great value and eonVldtr* it a worthy ir.ijht study in an office and take sions they had beer, able to obtain annual function of the Law the risk that the examiners might from the legislature. Graduates of School. give a $ev«te examination, as they Hamilton were not required by The OPINION, in behalf of the occasionally did, or he might at- the statute to study for any parstudent body, extends thanks to tend one of the law schools with ticular length of time and could be the Law School Alumni Associa- a high probability of graduation, admitted whenever they were able which this of the tion made endeavor thus talcing advantage stat- to pass the examination for a possible. Representation In such ute for the protection of Infant diploma. Graduates of Albany and competition serves both to further industries which practically guar- the University of the City of New the reputation, of the school anj anteed him admission. York were required to attend for to gr.in ideas on Moot Court work But changes of a different na- nine months only. Graduates of generally. ture began in 1871 when the leg- Columbia were required by the The OPINION suggests that a islature conferred upon the Court statute to attend for eighteen manual or handbook on Moot of Appeals the duty of establish- months, but Columbia construed Court be made up incorporating ing rules for admission of persons that to mean eighteen academic certain concepts and guide posts as attorneys and counsellors, re- months, or fifteen actual months. so at to aid the student in his quiring that applicants should be Moreover the privilege was InconMoot Court project The past ex- examined at a General Term of the sistent with the three-year clerkperience derived from such work Supreme Court. The privilege of ship which the Court of Appeals at this school, ideas from the fac- the graduates of the Albany and was trying to introduce. Students ulty, and other informative agen- Columbia law schools was, how- who were able to attend law cies (such as the New York com- ever, continued and the privilege schools naturally hastened to them petition) are suggested as possible of the graduates of Hamilton and to accomplish in one or two acasources of information. the University of the City of New demic years that which their less York was restored the next year. fortunate brethren would not acIn 1877 an attempt was made to complish in less than three years. It Introducing not until the diploma privijdeprive the graduates of those law was but It lege was finally abolished In 1882 The Sensational New Ischools of their privilege, extended from year to year that the court was able to make Reinforced Paper was until 1882. The argument of geo- the three-year requirement effecgraphical convenience, advancedi tive. No Pages to Patch I ... * Inexpensive * Time Saving * DENNIS & CO. inc. Publishers & Dealers gW £>©Oi£S DENNIS BUILDING STRONGLEAF PAPER Inc. 988 Saw Mill River Rd. Yohlcers, N. Y. 251 MAIN ST. BUFFALO, 3, N. Y. , . f»» a, n Phon* CL"IS? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1950-02-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 1 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/20/1950 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:39:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/154ca9028fe4c2e7fbfb96df0924f9f6.pdf b5c8375bc7bb831d00cb061a5e3e1235 PDF Text Text UNIVERSITY OF BUFFALO LA\V SCHOOL VOL 1- VOL OPINION 1- NOVEMBER 29, 1949 Dr. Lenhoff Scores LAW SCHOOL, BAR MERGE IN Law Preparation GRADUATE PLACEMENT PLAN Of U. S. Students In keeping with the University's 'Ye Shall Know' ... ... Beginner's Difficulties; Explanation; and Solution? ity, a graduate placement service has been inaugurated at the School of Law. The faculty committee, consisting of Messrs. Mugel, Hyman, and Webster, in cooperation with James P. Higgins and Robert Grimm of the Bar Association, have formulated plans which are expected to'bring the ... By DR. ARTHUR LENHOFF When the OPINION asked me for a feature article for its first issue, I was delighted to comply with the request, although it is not easy to touch on such an important subject where the writer is warned that brevity is of the Two questions are frequently asked by lawyers present as well as prospective: first, are the European students entering law schools better equipped for the study of law? Second, what, if any thing, can you suggest for making the DR. LENHOFF lot of law students happier, cast as they are upon a wild sea of conceptions entirely unknown to them? at Lamm Post The first question can be anGeorge The F. Lamm Post on swered with a "Yes." The test for education is still best expressed in Wehrle Drive will be the site of the words of the Evangelist: "By the second annual Law School their fruits, ye shall know them". "Barristers' Frolic" on Friday, DeIf an educational method succeeds cember 2, 1949. Lou Delcotto and in producing facility for the for- orchestra will furnish the necesmation of an independent judg- sary fhythms for dancing, which ment, ability for grasping of mean- will last from nine to two. The cost is amazingly low coning and the intellectual stimulus for some fields of science (and sidering the fact that free renot only for football fields), it freshments are being offered. The must be considered a good one. price per couple is one dollar, the The requirements for admission to student council assuming all exa law school in Western Europe penses not covered by such revare very severe. The classical edu- enue. eight years, each alcation Chairman Norman Zeis reports lowing only for eight weeks vaca- that an "Amateur Hour" will be tion, and each based upon a six presented to liven the evening's day school week makes for a festivities. The participants will be far greater selection of the fittest volunteers from the audience. Since this school is loaded with talent, there is no reason why the DR. LBNHOPP response should not be great. (Continued on Page Four) Barristers' Frolic To Be .. .. . into closer touch with the job opportunities in legal and allieaXfjelds. A file of recent graduates has been compiled and local practitioners and businessmen have been contacted through the efforts of the committee to relate the school's objectives to the community's professional needs. Realizing that many graduatesmay prefer to utilize their legal background in various business fields, efforts have been made to bring together these aspirants and businessmen who wish to train recent law graduates for executive graduates essence. . tradition of maximum service, both to the students and the commun- positions. ~\ To assist senior students in their search for positions, a series of lectures have been planned which will survey the various fields open to law graduates and shed some light on the job opportunities Jn each field. While it is still too early to ascertain statistically the degree of success in placing the most recent graduates, members of the committee feel that the project has every indication of becoming a valuable asset both to the school and the community. The cooperation which has been received from the Erie County Bar Association is, as will continue to be, a major factor in this plan, and in the opinion of the OPINION, the members of the faculty and the Bar Association deserve a large round of applause. < �OPINION 2 CPINICN OP THE UNIVERSITY OF BUFFALO LAW SCHOOL Editor-in-chief....Michael Beilewech, Jr. Managing Editor Edward Spector Business Mgr Edward K. O'Shea, Jr. News Editor Hubert Crean Features Editor Richard Wozniak Class Representatives Donald Jaffey (Senior) Thomas V. Troy (Junior) George Grobe, Jr. (Freshman) Staff Louis Del Cotto, George Kassman, Edward W. Kinney. Faculty Advisor Mailing '. Subscription Albert H. Mugel $1.00 per year Editorial This is a law student's newspaper and as such must maintain a certain aura of decorum not exhibited by the ordinary campus publication. Our columns, necessarily limited in this issue due to the customary evil, finlances, are dedicated to the presentation of any news or views of interest to the law student, the alumni or the faculty. We do not intend to poach upon the domain of the Bar Bulletin nor do we aspire to rival the nation's law reviews for sheer learnedness in our articles. One of the aims of the Bar Bulletin is to supply the organization necessary for a UB Law Review, a publication that is sorely needed if this Law School hopes to take its rightful place among the nation's leading legal institutions. But we cannot overlook the fact that these leading schools also j>rovide for student newspapers which, besides leavening the daily Jaw bread with a little levity, .serve as organs of student opinion. Yet we do hope to bring articles dealing with the law and its study to the students if there is a demand for their publication. At the present, our immediate purjsose is to imßue the, student body with the camaraderie necessary to people with a common vocational aim; We hope to publish, with the proper cooperation from the alumni, news of alumni interest. And now that the Bar Association is housed in our new building, we hope that the alumni will take note of our opactivities and see in them the portunity to work more closely with the students and faculty in the development of a better law consequently, better school, lawyers forMhe service of this and\ area. . ' *- REVIEW OF FACULTY DEAN JAFFE Louis L. Jaffe, Dean of the U.B. DR. ALDEN Dr. Carlos C. Alden, senior member of the law faculty and disLaw School and professor of law, tinguished professor and legal was born in Seattle, Washington, scholar, was born in Wilmington, and raised in San Francisco. 111. in 1866. He received his legal He has been associated with the education at New York U., relaw school faculty for some thir- ceiving his LLB in 1892, LLM in honorary JD in 1904. teen years. His history has been 1893 and an Before coming to Buffalo he was one of unusual breadth in education and experience. In 1925, Mr. associate professor and later proJaffe received his AB from Johns fessor of law at NYU. Hopkins and before that he was a He was appointed Dean of the student at Stanford. He achieved UB Law School in 1904 and con-, notable success in his law studies tinued in that capacity for 32 at Harvard, being associated with years, the longest tenure in the the HARVARD LAW REVIEW school's history. It was under his from 1926 until his graduation in administration and guidance that 1928. In 1933, shortly after receiv- the law school developed to enjoy ing his doctorate from Harvard, the prominent position that it toMr. Jaffe was appointed law day has in the field of legal educaclerk to the late Supreme Court tion. In 1936 he resigned as dean Justice Brandeis, an unusual dis- to pursue a career of teaching and tinction even among honor gradu- writing. ates. From 1934 until 1936, he In his 45 year associatiort with was an attorney with the AAA the law school, he has also held and the NLRB and even today is many important state appointoften called upon as arbitrator in ments: counsel to Governor (later labor contract disputes and con- Chief Justice) Hughes; Commissultant to various governmental sioner of New York State on Uniadministrative boards. form State Laws and counsel, Under Dean Jaffe's leadership a Decedent's Estate Commission. As policy of firmer alumni-student an author he was equally active, relations has been actively pur- producing such works as ABsued. Mr. Jaffe's philosophy of le- BOTT'S FORMS OF PLEADING, gal education would seem to be a STUDENT'S HANDBOOK OF fluid rather than dogmatic one CIVIL PRACTICE, and ABBOTT'S which is in harmony with practi- PRACTICE AND FORMS. cal present day needs; witness the To those of us who have been interesting and significant changes fortunate enough to sit before Dr. in the curriculum designed to sup- Alden in his classroom, he represervice plement and correct felt deficien- sents an ideal of cies in law courses. To Mr. Jaffe to a noble profession, an example must go a large portion of the of SbTMty to express difficult legal credit for solving the law school's ideas and situations in clear and most pressing problem by the unambiguous terms and finally the erection of a splendid and fully permanent quality of the law itself. equipped law school building. unselfish Concurring and Dissenting (Editorial Note): It is not too hard to understand why there are not printed herein letters from readers as is the purpose of this column. This is our first issue; no doubt there are many comments, good and bad, forthcoming. We request that these remarks be put into the form of a letter to the editor and signed by the writer. Since this is primarily a student publication, partly supported by student funds, we feel that all should participate in this venture. Constructive words will be greatly appreciated and those letters that heap abuse upon our heads will result in editorial introspection. Address all letters to: THE OPINION UB LAW SCHOOL 77 W. Eagle Street Buffalo, N. Y. �OPINION Luncheon Speaker Praises Profession Under the able leadership of Joe Runfola and Tony Renaldo, members of the Senior class, the University of Buffalo's 1949 Law School Luncheon took place af the Hotel Touralne. The speaker was Stanley Falk, one of the foremost members of the Erie County Bar. Mr. Falk delivered an inspiring message to the assemblage of embryonic lawyers concerning their place in American society. fFhe^ point stressed most was that the future lawyer should become a civicminded individual and a participant, as much as possible, in his community's affairs. Mr. Falk went on to say that the lawyer has always been one of the bulwarks of American democracy and that ever since the signing of the Declaration of Independence has continually stepped forth in answer to his country's needs. A very interesting fact that Mr. Falk mentioned was that the average U. •S. lawyer earned $8,100 per year, which sounded quite encouraging to all present. The speech was concluded with a few, old-fashioned "Law School Luncheon" jokes. Our illustrious council president, John "The Pontiff" Beich began the after-dinner speaking with a very few well-chosen words. ' A REAL DEAL... IN CAR APPEAI ... 808 JOHNSON MOTORS KENSINGTON at BAILEY 3 New Organization of Constructive Aid to UB Law Student Body Class Notes Congratulations To: Lee Jones, In surveying the freshman moot '51, who holds the honor of being court trials last year, it was the first man elected to office in noticed that many excellent briefs the recent elections. Despite a serwere submitted. They showed a ious operation which severely cur- great deal of intensive research andl diligent study. However, when it came to the oral presentations cf the cases, the overall result was poor. Most of the participants labored under a burden of inexperience in public presentation of material. To combat this, a Law School Debating Society has been organized to instruct the students in the techniques of oral argument. Opportunities to speak before a group are afforded to the members &f the organization and in this way, poise and confidence as well as the ability to "think on your feet", are made available. It is the opinion of Prof. Hyman, the faculty advisor of this group, that time spent taking part in the Law School Debating Society's activities is time well spent. Since this society has been so recently organized, most of the meetings to date have been concerned with organization. Will Trammel, '52, has been elected president and David Lund, also of the class of '52, is the secretary. The next meeting of the society will take place on Wednesday, November 30, at two o'clock in the afternoon. The place of the meeting will rtpe announced. All students interested are urged to attend. The tentative topic of discussion will be "The Legal Criteria for Criminal Insanity". tailed his campaign activities, Lee defeated his Republican opponent to become Erie County Supervisor for the Fifth Ward. His victory was complete within one half hour after the polls closed. Phyllis Hubbard, '52, who, with great Law School support, polled the highest' vote in the recent Homecoming Queen contest. Consolation To: Vince Gaughan, '50, who, in the recent election, was campaign co-ordinator for Judge Hillery in his race for the office. Vince was at Georgetown Law School but spent his first year at U. B. Welcome back, Vince! And: A Hearty Welcome To: Transferees, Dsnn McCarthy (A. B. Canisius College) from St. John's Law School; Melvin Breskin (A. B. Ohio State) from Notre. Dame; Francis Vance, Minnesota Law School; Bernard Saumby from Mayor's Marquette. Best wishes To: Seniors Alexander Cordes, C. George Niebank, Jr.,sand John H. Gridley who are on their way to New York to represent IT. B. in the Moot Court Competition. Sports Department: Bill Fitzhenry is to be commended for his handling of the Timon High foot- ball team which placed second in the Catholic League. Bill, clajra^or '51, was head coach. And hot on the heels of the Timon aggregation was the Canisius High team, It's easier to get ahead than to which placed third in the \same league. keep ahead. STUDENT NEEDS! COMPLIMENTS BUFFALO DAILY LAW JOURNAL 0 1 PRINTERS 125 BROADWAY LAW BOOKS FILLERS ... RING BOOKS ...PENS ... FOUNTAIN BRIEF CASES CO. DAVID F. WILLIAMSON BUFFALO, 43 NIAGARA STREET V N. Y. BETWEEN AND AFTER CLASSES PUBLISHERS CL 4919 . it's McMAHON'S "FOR A MEAL 62 NIAGARA STREET OR A SNACK" BUFFALO, N. Y. �OPINION 4 Dr. Lenhoff (Continued from Page One) than our present day high school and college systems. A provocative new study by the American, Bernard Iddings Bell, (CRISIS IN EDUCATION: A CHALLENGE TO AMERICAN COMPLACENCY, 1949), corroborates my statement founded upon my personal experience as law professor on two continents. The classical education is no newcomer in this country, but it was deported when the cult of materialism was at its peak. Bell remarks that the classical schooling in America did better in the training of boys and girls in the "trade of thinking" than the secondary school common among us today. According to hjm, the subjects cultivated" in those old classical days are, "the only ones ADEQUATELY designed to prepare men and women for the college, the university, and the professions or effective work generally". The fact that the great men who founded this nation, who wrote the Constitution and inaugurated its interpretation were brought up with classical studies has been forgotten, for in this country the belief in the importance of a classical education for the professions has died out. This remark ushers in the second question. Upon his admission to an American law school, the student is bewildered and befuddled. The cases throw him into a labyrinth of rocks. The only "sesame" to open it is to learn thinking. First, he must learn to distinguish between the "is", the facts, and the "ought", the legal rulei and principles. How? The student has to take a "case" apart, a "case" consisting of a bundle of sentences mingling at times facts with reasons. Obviously, the first thing to do is to carve out the facts, the story. Then he has to take thinking pains to discover the legal problem or problems which are brought about by the facts. Thus, he has to scrutinize the "reasoning" of the case. He has to find out what is the "holding" (ratio decidendi), and what is "dictum". The separation of the "holding" from the "reasoning" might not always be child's play even for an analytical mind, but it is quite a problem for a student whose mind was not ground for exercises which require one's own thinking. The "holding" includes not only the ultimate principle or rule of law controlling the decision, but all the intermediate legal ideas necessary to reach the ulti- Finally, reading of texts (books or articles and Notes in our law reviews) is very helpful. A discussion (with friends) com- paring the analytical approaches to a case constitutes an excellent means to cut across obscurities and confusions. The case method has also the' great value of familiarizing the student with the method by which the American lawyer has to handle his cases. An educational system in a professional school should be keyed to the professional methods. Sometimes, J[ have one student take the plaintiff's side in a case and another student plead defendant's side. The freshman must see from a case that every fact situation viewed in the light of the law has at/ least two sides. He must also forget about dogmas. Why? The situations with which the mate principle. cases deal are not the law but the I have found that, first, briefing objects reflected in a variety of of the facts helps somewhat. But legal views. The lawyer's task is, the student strikes snags in his therefore, a twofold one. He has reading of cases; he becomes con- to reconstruct j>ast events (the fused because he does not under- "situation") thru^ judicial or adstand every sentence. The best ministrative proceedings. And then means for him to overcome such he has to give them that legal difficulty would be to make a aspect which is most favorable for note and as for the remainder, to his client. One calls the latter task go on. In the. class, the\ professor, legal reasoning; it is a technique discussing the case, will remove not to be learned overnight. When the student's trouble or, if he King James said to Cook that he, fails to do so, the student may the king, by virtue of his reason ask him in class or after class. had judgment, Cook is said to have And, furthermore, my experience answered: "Law presents an artiis that a second reading of the ficial perfection of reason gotten case after class, if possible, on only by long study, observation, the same day, helps immensely. and experience". ... For Pine Foods . . Grill 70 Delaware Buffalo, 8914 N. Y. WA. Across. From The B. A/p- Television & CO. Inc. Publishers & Dealers ... And Cocktails It's DENNIS Law Books DENNIS BUILDING lUttSfeVv BUFFALO, 3, N. Y. Phone CL-f^ 12311 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1949-11-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 1 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/29/1949 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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