100 100 60591 https://digital.lib.buffalo.edu/files/original/50edcd1bae0b2adff1764644e662bc26.jpg 29c316d27b58250fef45f36d08c403db 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/. Description An account of the resource Colored illustration of the Pan-American Exposition's "Electricity BLDG." in Buffalo, N.Y., with visitors and vehicles on the grounds. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition Buffalo, New York: Electricity BLDG., undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.16 Description An account of the resource undated A colored illustration depicts the grand "Electricity Building" at the Pan-American Exposition in Buffalo, N.Y., as indicated by text at the top and a sign near the building. The ornate structure features multiple domes, towers, and arched entrances, with US flags and other colorful flags flying from its pinnacles. People are seen walking, and others ride in horse-drawn carriages and early automobiles on paths through the landscaped grounds. Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/eed135a0cb3d1fd6dc6944f8cd824ad3.jpg c66d5dd9257ba7dfa2c3340a4f194b5a 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/. Description An account of the resource An illustration of the grand, domed Temple of Music at the Pan American Exposition in Buffalo, New York, with people in the plaza. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition Buffalo, New York: Temple of Music., undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.17 Description An account of the resource undated A colorful illustration depicts the elaborate Temple of Music, a large domed building, at the center of the Pan American Exposition. Surrounding structures include towers adorned with flags, and many small figures of people gather in the plaza and by a body of water in the foreground. Text labels identify the event as "PAN AMERICAN EXPOSITION BUFFALO, N.Y." and the main building as "TEMPLE OF MUSIC." Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/896a15d960a9918786229048f8d83089.jpg 277b0b4ec5ce36b117f852cb20c8c2b2 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/. Description An account of the resource The Manufacturing & Liberal Arts Building at the Pan-American Exposition Buffalo, NY. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition Buffalo, New York: MF'R & Liberal Arts BLDG., undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.18 Description An account of the resource undated A color illustration depicts the long, ornate Manufacturing & Liberal Arts Building from the Pan-American Exposition in Buffalo, NY, under a light blue sky. The building has a central dome, many arched windows, and multiple flags. The plaza in front features people walking, two fountains, horse-drawn carriages, and an early automobile. Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/d67093c44fb6555b70bc9005f0c4f93d.jpg c6b01c8b6bc49c136b5d18ec5295a356 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/. Description An account of the resource Illustration of the Government Building at the Pan-American Exposition in 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition Buffalo, New York: Government BLDG., undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.19 Description An account of the resource undated A colorized illustration depicts the ornate Government Building at the Pan-American Exposition in Buffalo, N.Y., with a large central dome and flags. In the plaza before it, people walk and several horse-drawn carriages travel. Trees frame the left side, and a rectangular body of water lies to the right. Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/1617f6e5e183f76a48b4e3af2b086725.jpg cf04a648915893e0e4b33bd99a6f9a15 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/. Description An account of the resource A color lithograph of the Pan-American Exposition's Machinery & Transportation Building in Buffalo, NY, featuring ornate architecture and many people. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition Buffalo, New York: Mach'y & Transpn BLDG., undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.2 Description An account of the resource undated A color lithograph shows the ornate Machinery & Transportation Building of the Pan-American Exposition, Buffalo, NY. The multi-towered building features red roofs, patterned facades, and American and other colorful flags. People stroll on paths in the foreground, where two horse-drawn carriages also appear. Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/401e5b025410316dc50d8fc0bc9472d3.jpg 278690658c6eca748bfed8557affd4ff 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/. Description An account of the resource Illustration of the Pan-American Exposition in Buffalo, N.Y., showing ornate buildings for Forestry and Mines, Horticulture, and Graphic Arts. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition Buffalo, New York: Forestry and Mines, Horticulture and Graphic Arts., undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.21 Description An account of the resource undated A colorful, stippled illustration depicts a grand exposition complex under a cloudy sky. Ornate, tan-colored buildings with red roofs and numerous flags are arranged symmetrically around a central, domed structure with a fountain. Landscaped pathways and green lawns lead to the buildings, where small figures of people are strolling. Text above the complex reads "PAN AMERICAN EXPOSITION BUFFALO, N.Y.", and a banner below lists "FORESTRY AND MINES", "HORTICULTURE AND", "GRAPHIC ARTS". Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/4e0ccca39f159ea93ae53e0c594f88e0.jpg f4ad5c5cda0c959593a824e763f21d23 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/. Description An account of the resource Color illustration of the Pan-American Exposition's Agricultural Building in Buffalo, N.Y., with flags and people by a waterway. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition Buffalo, New York: Agriculture Building, undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.22 Description An account of the resource undated A color illustration depicts the Pan-American Exposition's Agricultural Building in Buffalo, N.Y. The large building features a red tile roof, a central arched entrance, and numerous smaller arches along its facade, all adorned with many flags. It stands beside a waterway with a decorative railing and small figures of people, with lush greenery on the right. Text above the building reads "PAN AMERICAN EXPOSITION BUFFALO, N.Y." and below it, "AGRICULTURAL BUILDING." Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/963245fe25ae760e8d25eb5bb876d1c9.jpg b43b573c20b63534d53259de3b3fe265 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/. Description An account of the resource A vintage red and blue poster for the 1901 Pan-American Exposition in Buffalo, featuring a bison on a globe with lightning. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition 1901: Buffalo the Electric City, undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 14.51 Description An account of the resource undated A vintage poster with a dark blue bison standing on a blue globe. Red rays, some jagged like lightning bolts, emanate from behind the globe. Red text at the top reads "Pan-American" and at the bottom "Exposition," with "1901" in red across the globe. Below the main design, blue text states "Buffalo the Electric City." Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/90b46fa36f291e82093a6f3d83c8d8bb.jpg b22a13b9432569db708dfb73ec5d6110 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/. Description An account of the resource A vintage advertisement for Buffalo Pitts Road Rollers, featuring a detailed illustration of a steamroller. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Advertisement: Buffalo Pitts Road Rollers, undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 14.64 Description An account of the resource undated A vintage advertisement printed in green ink on a light background. It features a detailed illustration of an antique steamroller with a large front roller and two spoked rear wheels. Text at the top reads "BUFFALO PITTS ROAD ROLLERS" followed by a description of their widespread use. To the left, the manufacturer "BUFFALO STEAM ROLLER COMPANY, BUFFALO, N. Y., U. S. A." is listed. Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/a5f9386b6150041347e00914c88a1461.jpg bb0539f2605ddc53d9615f3207f87d36 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/. Description An account of the resource Aerial monochrome view of an urban area with a large park, lake, grand building, and extensive residential neighborhoods. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Photo: Aerial view of former Exposition grounds. 1927 Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.13 Description An account of the resource 1927 An aerial sepia-toned view depicts a diverse urban landscape. The left side features a large park with a prominent lake, a grand architectural complex, and several baseball fields. The right and upper portions display numerous grid-patterned residential streets lined with houses, alongside open fields and other buildings. Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/b08eb5e1cb0037880984fda6c3b70642.jpg 9a39ead7259bfd4a4e3c94a5679e5eb5 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/. Description An account of the resource An illustrated historical infographic summarizing key events during the McKinley administration from 1897 to 1901. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Administration of McKinley 1897-1901, undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.14 Description An account of the resource undated A grayscale historical infographic titled "1897 ADMINISTRATION 1901 OF MCKINLEY" features six distinct panels, each illustrating a significant event or location. These include a map of Cuba with its flag, the wrecked USS Maine, an early wireless telegraphy tower, and a map of the Hawaiian Islands. The bottom section displays an illustration of Grant's Tomb and a map of Alaska marking gold discoveries. Each visual is accompanied by descriptive text specifying the event and year, such as "Intervention in Cuban Affairs, 1898" and "Grant's Tomb Dedicated in 1897". Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg https://digital.lib.buffalo.edu/files/original/99f2f29d33046b9124d51a3ce867a2fd.jpg 71bd8df313543d6a6c499aa7dfe89ffa 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/. Description An account of the resource An ornate Electric Tower with fountains at the Pan-American Exposition in Buffalo, New York. 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 Pan-American Exposition of 1901 Description An account of the resource The Pan-American Exposition was held in Buffalo, New York from May 1 to November 2, 1901. Buffalo was chosen as the location because of its size (at the time it was the eighth largest city in the U.S. with a population of approximately 350,000) and also because of its well suited railway connections. The grounds spread across 342 acres and were located between Delaware Park Lake to the south, the New York Central railroad track to the north, Delaware Avenue to the east, and Elmwood Avenue to the west. The Exposition included educational exhibits as well as a Midway. The educational exhibits showcased the latest advancements in technology, most notably electricity. A major feature was electric lighting which utilized hydroelectric power generated in nearby Niagara Falls. Many of the Exposition buildings, including the prominent Electric Tower, were covered in light-bulbs creating a beautiful and unprecedented sight. The Pan-American Exposition also hosted some of the top engine manufacturers of the time. These companies provided “working exhibits” that actually functioned in the day-to-day operation of the Exposition. The Midway at the Pan-American Exposition provided visitors with entertainment and consisted of more than 42 exhibits. Some of the main attractions of the Midway included the “House Upside Down,” “Cleopatra’s Temple”, and the “Foreign Villages.” The Pan-American Exposition is most widely known as the location of President McKinley’s assassination. On September 6, 1901, while in a receiving line at the Exposition’s Temple of Music, President McKinley was shot twice by anarchist, Leon Czolgosz. McKinley was taken to the Exposition’s hospital where he was operated on by a number of prominent Buffalo surgeons including Roswell Park. The President was then taken to the home of John Milburn, head of the Exposition’s Board of Directors, to recover. After his condition appeared to improve, McKinley eventually died on September 14, 1901 in the Milburn home due to infection and gangrene from the gun shot wounds. Identifier An unambiguous reference to the resource within a given context LIB-005 Subject The topic of the resource Pan-American Exposition (1901 : Buffalo, N.Y.) Source A related resource from which the described resource is derived State University of New York at Buffalo. University Archives Publisher An entity responsible for making the resource available State University of New York at Buffalo. University Libraries Format The file format, physical medium, or dimensions of the resource image/jpeg Type The nature or genre of the resource Image Still Image A static visual representation. Examples of still images are: paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type "text" to images of textual materials. 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 Pan-American Exposition Buffalo, New York: Electric Tower. undated Publisher An entity responsible for making the resource available University at Buffalo, The State University of New York Identifier An unambiguous reference to the resource within a given context 18.15 Description An account of the resource undated A color lithograph shows the tall, elaborately decorated Electric Tower at the center, topped with a winged figure. It stands in a body of water with multiple fountains, flanked by classical-style buildings flying flags. The text labels it the "Electric Tower" at the "Pan American Exposition Buffalo, New York." Source A related resource from which the described resource is derived Kerry S. Grant Pan American Exposition Collection Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/NoC-US/1.0/">NO COPYRIGHT – UNITED STATES</a>. The organization that has made the Item available believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries. Please refer to the organization that has made the Item available for more information. Format The file format, physical medium, or dimensions of the resource image/jpeg 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. 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/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/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/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. 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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/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. 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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/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/. 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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/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. 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, 1951-10-22 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. 10/22/1951 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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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. The Opinion Newsletter Vol. 3 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1951 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. 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. 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, 1952-02-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 3 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/1952 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/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. 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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/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. 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/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/1fd9c8610c9652dc81356505307f9984.pdf b450c07fb3573735126531c44b0eb5e4 PDF Text Text MORITURI TE SALUTAMUS Vol. s—No. 2 UNIVERSITY OF BUFFALO LAW SCHOOL OPINION MAY, 1954 Dean Cowen Gives Mitchell Lectures Pres. Comments Law School By JOHN P. MacARTHUR The of our new Alumni Urge On Friday and Saturday, April 23-24, the school and local administration marks my initial members of the Bar were fortunate in hearing a series of three foray into the strange new Closer Ties world lectures by professor Zelman Cowen on "A Comparison of the I have inauguration of politics. never before held an elective post, having alConstitutions of Australia and the United States." 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. 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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. 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. 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/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/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. 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. 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/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. 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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. 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/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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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/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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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/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. 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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/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. 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/eaf4ab250ccf4483bc1713d2d24ec41d.pdf ff55393d41071feab726ad8a45e9ad49 PDF Text Text OPINION LIBRARY EXPANSION Page 4 VOL. II - of the VMVERSITY OF BUFFALO LAW SCHOOL NO. 2 A Publication of the Student Bar Associatto, CANON Law Study Encouraged by Dill Scott School Enrollment Freshman School Total Law Year 1949 1950 1953 1961 131 153 145 80+ 316 319 312 200+ A glance at the table will reveal that our Freshman classthis year is rather small compared to the enrollment in some previous years. This seems to be the general trend throughout the nation. Fewer and fewer students enter law schools each year. 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/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. 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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. 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/5388a99682bd79e869e4f8cbb812a61d.pdf 45c12ab049b773065bac0cf5bab693c1 PDF Text Text OPINION LAW LIBRARY JUN2 1965 msma of the LAW SCHOOL OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO VOL. V. NO. 1 A PUBLICATION OF THE STUDENT BAR ASSOCIATION MAY, 1965 William K. Laidlaw Presented The St. Thomas More Guild Professional Achievement Award By Thomas Whissel Seated, left to right: Kenneth Joyce (advisor), Stephen Ambroselll (freshman representative), Peter Crotty (vice president). Standing: Joseph A. Massa (president), Timothy O'Mara (secretary-treasurer). Missing: Thomas Andruschat (junior representative). 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. The Opinion Newsletter Vol. 5 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/1965 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. Opinion Newsletter Vol. 6 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/1966 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. 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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/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/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/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. 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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/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. 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/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. 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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/a06f5e1b42aab1c1efce61a202b6ba19.pdf d60933d8b465e923cd64ed2c99b5b058 PDF Text Text THE Vol. IX, No. OPINION 1 State University of New York at Buffalo, School Moot Regionals to Be Held Here k v. ,?" lioV,ln?be^ l6' Scho 1 '" The case 1968' the regionals of the National Moot Court Competition will Cornell, Syracuse, and Albany are competing along with U. B. Law involves a suit by a U. S. Army private who is seeking to enjoin the Secretary of Defense and the Army from sending him to Vietnam. The soldier claims that he is a selective conscientious objector, that the Vietnam war is immoral and illegal and that it violates the U. S. Constitution as well as various treaties to which the II s' is a party. Buffalo and Cornell are defending the soldier, while Albany and Syracuse are arguing for the government. Buffalo is pitted against Albany in the first round. Moot Court Board Chairman Michael Gallagher feels that "we have a good chance of winning the regionals this year. Last year we lost a very close decision to Cornell in the regional finals." The winner of the regionals will go to New York City to compete in the pre-final elimination and then the finals. JosephSpaeth and Michael Gallagher are arguing for Buffalo. Bert Hargesheimer is the alternate. Coming Events This Spring, Buffalo will host the Niagara International Competition, which was instituted last year with Osgoode Hall Law School of Toronto. Buffalo won this first competition. This year, plans are being made to expand the competition to include Syracuse and the University of Western Ontario. The annual Charles S. Desmond Moot Court Competition of Law November, 1968 Scholarship Committee to Review Procedures me by Norm Alvy L,aw School scholarship Committee, under the chairmanship of Professor Kenneth Davidson, has begun its work this term by undertaking a review of previous practices and procedures in order to determine if it is functioning at optimal effectiveness. The student members of the committee, Thomas O'Neill and Arthur Freedman, have been given the task of collecting opinions from the student body and reporting back to the full committee. Last year's committee, headed to need. The completed forms are acted upon by the Main Camwas responsible for granting about pus Financial Aids Office which $6000 in scholarship funds. Emthen submits its recommendaphasis was placed on student tions to the Law School Commitneed by the committee and this tee. The committee in turn acts policy was pursued by granting upon the names submitted. The as many scholarships as possible introduction of a new, more simwith the limited funds available. plified form to be used by the Fifteen to 20 awards of $200 each Scholarship Committee without was thought to be more beneficial the need for Main Campus action to the general student body than has been suggested. This would larger $500 grants available to present a great many practical a considerably smaller number difficulties however. of students. The aforementioned Setting up its own full time policy will probably be followed staff to process the forms and this year, unless of course sev- carry out some type of verificaeral thousand dollars more is tion procedures would appear made available to the committee necessary. The committee does and that is highly unlikely. not have the required personnel Gallagher, Michael chairman of Moot Court Board, who is looking While some law schools grant for such a venture and the Law forward to the November 16 Regionals in Buffalo. individual scholarships as large School itself cannot provide them. as the total amount availablehere The committee was given an all of last year (c. g., University additional task last year as a for U. B. Law Students will also their having a Moot Court probe held this spring. Although gram this year. Members of next of Chicago), Professor Davidson result of the Jaeckle-Abrams this competition has traditionally year's Board will be chosen from stressed that this is not the case Trust Fund. It was to suggest been open only to juniors, the among the competitors in the at U. B. Law. No public money ways to best utilize the income is available presently to the comMoot Court Board is considering Desmond Competition. If freshfrom this gift. The final determinopening it to the freshmen as men are allowed to participate, mittee despite the fact the Law ation however is left to the diswell. Whether or not freshmen they will also be eligible for School is funded by the State of cretion of the Dean. The commitNew York. Private sources such tee also makes recommendations can participate will depend on membership on the Board. as the Law School Alumni As- to the Law Wives for the awardsociation, individual unsolicited ing of their yearly $100 Book gifts, the Trial Lawyers AssociaScholarship and the Legal Section, etc., are the only funding retaries Organization of Buffalo for the granting of their award. sources. Law students will have the by One policy change which may Student comments on the funcopportunity to join the newly Sandy Meiselman come about relates to the use of tioning of the committee should formed chapter of Phi Alpha Federal Loan form for collection be directed to the student memLaw Fraternity for the This Fall the UB Law School has begun a program Delta time of relevant financial data necesbers of the committee or Profesthis year. The nationfirst sary to make a determination as which endeavors to add to the number of minority group al sor Davidson. which has chap-1 tersorganization, lawyers in the county. at 107 law schools throughA program of this nature was first proposed last out the country, was contacted March by the newly-formed ABA-connected group, Council by a group ofto U. B. law students in an effort establish a chapter of Legal Education. The objective of CLEO is to bring 300 here. In an open meeting with Dean William D. Hawkland new lawyers into the profession by 1973 from Negro, Phi Alpha Delta's roots exand Associate Dean George P. Smith, members of the Spanish-speaking and Indian groups. tend back to 1902 when it was senior class were given an opportunity to directly conAlthough they make up about founded in South Haven, Mich. front Dean Smith and to hear his side concerning certain Today, it is an active and esone-third of the nation's population, these groups only account teemed national professional allegations about his activities in the Placement Office. fraternity with 107 active chapfor from one to two per cent The meeting was the culmination of a petition preof the nation's lawyers. An inters and 59 alumni chapters, and sented to Dean Hawkland by Michael Stephens and Michael creased number of minority has more active chapters than McGee calling for Dean Smith's removal as placement group lawyers would serve to any other law fraternity in the officer. The petition was signed by approximately 50 per world. Its chapters are restricted increase representation and comThe Student Bar Speakers Promunication within the group and gram represents one of the most to law schools accredited by the cent of the senior class. encourage still more members beneficial functions of the StuAmerican Bar Association, a dent Bar Association. The Prohigh standard peculiar only to of the group to enter the profession. Finally, CLEO proposed gram is unique in that it is spon- Phi Alpha Delta. that the additional students be sored and conducted solely by The founding members of the admitted on the combined basis the student body under the or- U. B. chapter intend to utilize LSAT scores that would other- ganization of the Student Bar all of the facilities and services wise be too low for admission. Association. In respect to law of the fraternity's national organThis idea first took shape at schools, the Speakers Program ization in order to benefit the law State University at Buffalo when at Buffalo is one of the few in school students and the university. Among the services to the President Mflfyerson announced the United States. the designation of a Select ComThe financial aspects of the _stydent are: national professional mittee of Equal Opportunity last Program concern the payment of*ft..affiliation, student loans, student April. In seeking to enlarge the an honorarium and expenses fiifcLgMdiolarships, faculty assistance, number of minority group stuthe guest speakers. During the alumni contacts and advice, dents the Law School was of current year, the honorarium has job preparation and placement, course included. It was with this been set at $100, and including admissions assistance as well as implementation in mind that expenses, tbe total expenditure leadership development. Dean William D. Hawkland as he makes some opening statements to Professor Jacob Hyman proposed per speaker would be in the vaThe fraternity also offers such members of the senior class. that the Law School "Admissions cinity of $190. This year's pro- benefits as the PAD Directory of occasions had actually worked gram has been financed by funds all active and alumni members Committee be authorized and enAt the beginning of the meetcouraged to seek out minority allocated by Sub-]Krd 1 located throughout the country for refering, Dean Hawkland stated that against students whom he did not group students who appear to on the main camjoK ence and contact. The free PAD a change in the placement office like. quarterly publication, The ReDean Smith categorically dehave the capacity for legal trainThe Program hasoeen successwould be in order if "there is ing but whose academic and ful in that a number of interevidence of either malfeasance in nied the charges against him. porter, is received by all memLSAT records fall below our adesting and highly competent peobers for life. The organization also office, or of widespread discon- Speaking to one of the charges missions standards." Coupled with ple from the legal profession offers service to the profession tent." The Dean then cautioned against him, he stated that he this admission policy would be have participated. The main through its insurance programs the students not to think that never put a letter of censure in discontent in other areas would anyone's files, but had merely an agreement on the part of the shortcoming, and in turn most and annual conventions. faculty to privately tutor the studiscouraging part of the ProApplications for admission are have the same effect. In this inquired if it had ever been gram, has been the relatively available at the Eagle Street of- instance, discontent is more reldents so admitted. done. Dean Smith termed this Professor Hyman is now chair- small attendance by the student fice along with pertinent infor- evant since the placement of- accusation a rumor started by a man of the seven-member Ad body. In an academic community mation about the fraternity. One ficer has to work very closely confused and emotionally unbalof the founding members, Charles with students. Hoc Committee for Special Stu- such as the one we have at Bufanced person. He furtherdeclared dents which is administering the falo Law School, it would be McFaul Jr., hopes to see active Charges Alleged that the time had come for the assumed, and indeed expected, participation on the part of most The essence of the charges accusers to put up or shut up program. Therei are "approxithat a speakers program should students "for their benefit in- against Dean Smith was that he by presenting evidence, not rumately half-a-dozen" students did not carry out his duties in an mors. now enrolled at the Law School be a contributing part of that dividually as prospective memcommunity. objective manner, and on some (Cont'd on Pg. 2) bers of the legal profession." under the program. by Professor James B. Atleson, Program Begun for Disadvantaged Students — Speakers Program - PAD Formed Placement Office Stirs Controversy . •- ~ �November. 1968 The OPINION 2 Editorials Just Looking Around Opinion Becomes A Modest Proposal Independent By E. Hargesheimer 111 Now that the freshmen are fully integrated into the system, The Opinion has recently be- this tend wish Progress has been minimal of late in the field of come a fully independent publistudent-facultyrelations. Legitimate student grievances have cation, no longer being dependent resulted in too many student-faculty confrontations. Bitter- on the Student Bar Association. Along with most other campus ness and diatribes on the part of all factions concerned have publications, The Opinion now become prevalent at these events instead of constructive receives its money from the Pubcriticism. Faculty communication is thought by some to be lications Board on the main camat a complete standstill outside the lecture hall. (There are pus. The Opinion is also one of those who would be so bold as to suggest that it is even the voting membersof the Board, approves budgets and colacking there, but that must be wrong). Our Law School which ordinates the disbursement of has the advantage of being a smaller academic community funds to the various publications. than most and should use this fact to its utmost advantage. In a further step toward indeOne step in the right direction has been the recent coffee pendence, the Editorial Board drafted a written constitution hours where faculty and students have managed to comwhich was subsequently approved municate. by both the Student Bar AssociMore activity along these lines should be encouraged. ation and the Publications Board. Taking a faculty member to lunch might be one way to Commenting on the new relaLee Mondshein accomplish this. Taking a faculty member to dinner might tionship, Editor stated that "being associated with home a Taking might faculty a member be be another. has done Publications Board the third. The faculty might try the same approach and take a lot to enable The Opinion to students to lunch, or to dinner or to their homes. These publish on a regular basis. But suclatter methods would seem to be much preferred over whether or not we actually upon ceed will eventually depend those where each group takes the other to the cleaners. Delay in Grading Revisions Last Spring, the Scholastic Standing Committee accepted student participation Law School." here at luck. like ingly captured this bastion higher education. It is to be the scene, of which the present freshmen are the entree, the of the new dawn so to first blush speak. Rarely has a class been more representative of society, not to say that it is representative; but a more palatable mixture, racially and sexually, has doubtless not been seen here before. Lets give Admissions a rousing BLEAT for yes, sir, the their good work University of Mississippi has nothing on us, but tell me why .. something Bar Examination Applications have to lems during the summer and Fall semester. Throughout the summer, the committee met only twice, and it has met infrequently this semester. Those meetings which did take place did not produce anything of significant value. Procrastination and inaction on the part of the committee's chairman in refusing to call meetings is inexcusable. If he does not take this responsibility seriously, or perhaps does not feel that the problem is worthy of consideration, we suggest that he resign and make way for others who do. It is one thing for the faculty to recognize student complaints about the grading and probation systems; but mere recognition of the problem is not enough. Action must be taken to isolate, and then rectify whatever inequities are discovered. Should the goals of this committee be allowed to pass into oblivion, not only the student body, but future student-faculty relations will suffer. Cooperation between students and faculty is a necessity for the successful functioning of any academic institution. Cooperation, however, is required of all parties and not just the students. THE OPINION Editor-in-Chief: Lee the LL. B. Once the date of the Bar Exam is announced, the Registrar, Mrs. Marion Dean, will call a meeting of the senior class at which she will pass out an instruction sheet and answer any questions. There is no immediate rush for the applications since they from P. lot of by 1) little things that had hap- pened to cause a loss of confi- of Law, 77 West Eagle Street, Buffalo, N. Y. 14202. , Associate Dean George P. Smith 111 answering charges raised him at a recent senior class meeting/ against out to campus and stop washing; if you're intrigued with learning, take a course in law from the LaSalle Correspondence School; if you're determined to have take your blue men's room; if a good loser, vote in the Presidential election; if you're concerned with broadening yourself, head out to Buff State; if you seek a better tomorrow, stay in bed today; if you're worried about race relations, go visit your uncle at the track; etc., etc. But BE ACTIVE, do what you want to do, but do it! These are the last years we all have to really concentrate on dabbling in those things that are somehow important to us, here and now. your say, crayon into the you're Arthur Freedman in the specialized areas of Civil Rights and the Federal System, Commercial Law and Problems, Anti-Trust and Related Matters, Smith. According to Stephens, Dean Smith had called a law firm after it had hired a student, and gave them his standing in the class. In his Joint Comparative Law Seminar. The program was a joint one rebuttal. Dean Smith stated that the employer had called him not only in the sense that two requested and the student's rank. universities were. participating, Other charges against Dean but also in its having 25 EuroSmith were: after a student V pean students in addition to those (whose name had been on a*7 from U. B. Law School. Countries to the previous petition) had accepted represented in addition Belgium, States were: a clerkship, and another offer United England", Greece, Ghana, Austria, was received, Dean Smith re- Italy and the Netherlands. jected the second one without During the initial two weeks even informing the student involved; a statement that the Law of the course, the students were separately in that sysReview had best do things as lectured lawApommon or civil, they ought to be done or the tem of *_ftey had not been with which faculty would take over; and previously acquainted. In the folthat the school itself was the lowing four weeks, the students object of ridicule by Dean Smith. Again Dean Smith categorically jointly participated in seminars deniedthese accusations, and put but at that time Dean Hawkland forth different interpretations of had asked Dean Smith to stay on. what was alleged to have occurThe Dean, also stated that his red. acceptance of the resignation was In a letter to the student body, conditioned upon his finding anDean Hawkland stated that Dean other placement officer with comSmith had tendered his resignapetent administrative capabilities. tion effective as of January 1, Dean Smith had tendered his 1969. Dean Hawkland was care- resignation last year because his ful to point out that the resignaposition as placement officer was tion was offered last January to interfering with his teaching take place this coming January, duties. dence in Dean The Opinion is published during the academic year by the students at the State University of New York at Buffalo, School tating, go On July 3, 1968, approximately 33 U. B. law students who had just completed their junior year, departed from Kennedy Airport in New York for a program of Summer Study Abroad. The program was initially conceived in the Pall of 1967, and under the auspices of Professor Thomas Burgenthal a program was developed to acquaint law students with the varied aspects of Common Market law and related problems of international law. Although the course did not begin until August, arrangements were made whereby those who wanted, could leave for London on July 3, obtain further transportation to Brussels on July 9, and then be free to travel on the continent as they wished. On Aug. 5, the students were to meet in Brussels to begin the six-week Speaking for those who prepetition, Mike Stephens stated that there were a Sandy Meiselman Larry Shapiro .. Disappointing to Students a separate form for each applicant, hopes to have everything ready by April so that seniors will have plenty of time to meet the deadline. Seniors planning to take the PLI Bar Review Course, may write for further information to: PLI 20 Vesey Street New York, N. Y. (Cont'd here at Law U. Our most recent petition, recently brought to a somewhat inconclusive head in debate, however, merely represents the disgruntled and the consensus and should be interpreted as so doing. As a doddering senior, my advice to the freshmen is only BE ACTIVE. If you're interested in participating, compete for Law Review and the Moot Court Board; if you're interested in tokenism, join a faculty-student committee; if you're a joiner,sign up for the Student Bar Association; if you're interested in isolationism,be secretly inducted into the Blackstone Society; if you're interested in capturing the attention of the student body, plan an armed holdup of the book store; if you're interested in agi- Brussels Study Program cannot be filed earlier than 60 days prior to the exam. However, they must be filed no later than 30 days before the exam. Mrs. Dean, who has to fill out sented the Staff Arthur Freedman Elbert S. Hargesheimer 111 be filled out and reThe state is printing new forms in January which will list the J. D. degree instead of turned. Placement Office Mondshein Managing Editor: Norm A Ivy Photography Editor: Douglas S. Cream . it has taken until the 81st year of this school to do so. Admissions, in another respect, sheer numbers, is unfortunately too zealous. Big law schools are nice, but hell, man, someone should be notified that so many cats will be going to school with me! If classroom space is limited at an outside maximum, well, limit classes to that maximum. Don't say that too many freshmen were accepted, the problem, extends to the Juniors also, and that couldhave been prepared for this summer. Take some of the electives; Wills and Trusts is a case in point. Now its a real elective. You can elect to bring your sleeping bag and stay overnight to insure a seat, or you can elect to sit in the hall on your camp stool. Lets face it, be done to correct the inequities in the present grading and probation systems. Student-Faculty Ad Hoc Committee under the chairmanAn In order to take the Bar Examship of Professor Fleming was created to study the prob- ination this July, applications will student suggestions that of be- lieved that they thoroughly outnumber their upperclassmen. In this sense at least, and in the prognosis for the future, there is a new law school appearing on the this is a professional school, so lets try and be a little more professional in our foresight; 600 writer would like to ex- students do not, will not, and can his warmest welcome and not fit into 27 seats, therefore them the hardiest good .its time to do something about it. As per usual, our activities are We all need it. Lemmingthe freshmen have seem- active and our pacifists are pacific Civil Procedure and Enforcement of Foreign Money Judgments. Professors W. Howard Mann, Adolph Homburger, Saul Touster, and David Gifford represented the Law School. Most of the European professors were from the faculties at Brussels, Ghent, Liege and Lourain, Belgium. It appeared that the majority of American students were not particularly satisfied with the presentation of the courses in general, and with the atmosphere of the University of Brussels. The program itself was not very intellectually stimulating, and the European professors were having substantial difficulty communicating with the American students. The lucid, well adapted lecturing of the American professors was the only possible redeeming portion of the entire academic program. Contact with the foreign students was very rewarding, but most of the American students felt that the University of Brussels was the sort of place which could only be beneficial to the most stolid of minds. It is my opinion that in the future this program should be instituted at another university, such as the Sorbonne in Paris. At such a university, the students would be better aware of the fact that they are in Europe. Dean Hawkland stated that in his own opinion, no charge of malfeasance had been substantiated. Professors Laufer and Giffordwho were also present at the meeting, also found no need to investigate. Dean Hawkland felt that it was "perfectly proper to have the meeting," but that the resignation had made Moot any question concerning the issue of no confidence. �November, 1968 The OPINION 3 Law Wives Plan Year's Activities know that approxistration as well as speakers on mately 140 out of the 385 stuinvesting in the stock market; dents at the Law School are experiences as a counter-spy for married? Many of the wives are the F. B. I.; and child psychology. members of the Student Law Judge Killeen presented an enWives Association. joyable talk about her experiences as a City Court judge. The purposes of the organizaThis year, Program Chairman tion are to raise funds for a Mrs. Walter J. -Mahoney Jr. has scholarship which is presented an array of interesting topics annually to a husband of a "Law Wives" member, and to provide and speakers, but is waiting to social activities for the wives of hear the opinions of the other members before setting up a married students. program. The association meets once a definite The this year are Mrs. month, usually at the home of a Josephofficers W. Bennett, president; faculty wife. Faculty wives who Mrs. Michael Brown, vice presiare opening their homes for dent; Mrs. John Livingston, remeetings this year are Mrs. Wilcording secretary, and Mrs. Richliam D. Hawkland (honorary facard Heffern, treasurer. ulty advisor), Mrs. Adolph HomThe association's first activity burger, Mrs. Thomas Buergenthal, of the year a tea to welcome Mrs. Jacob Hyman, Mrs. Joseph the wives ofwas freshmen newLaufer and Mrs. Milton Kaplan. ly married students. It and was held Meetings consist of a business in the student lounge of the Law meeting, and an educational proSchool. gram and coffee hour. Last year The first money-makingproject, the association had a wig demona Christmas auction, will be held Did you FRESHMAN GRADING _ Contract. A Torti A - - -- I - Prof. Davidson Pro). Hyman 111 -Pfol. Angus- Property -- I P.0.. II - 1968 Grelner (Finalsome) Prof. Goldstein 1 2 6 717 13 1126911111011441 11 113 910 9 911 6 5 44187565232 97 99 1 97 99 1 73 72 I 62 1 211 1382 968 12 4736214 221588534612221133 111 151 34 10 5631654122 1111 2 81 59 62 - 36 3 210 611121112736653 1 71622 10 7 8 2 3 1 1 1 I 2 1 1 97 99 59 1427583134211412 JUNIOR 8 Prof. Schwarti Total Number GRADING RANGES-SECOND SEMESTER 1967-(968 (Failure) (Equivalentlo D| (Equivalentto C) (EquivalentloB) (EquivalentloA) 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 75 77 78 79 80 81 82 83 84 85 86 4 3 913 4 5 8 7 3 3 11 ! ] 1 4 954444254632212 1 Taxation A-Prof. Del Cotlo B-P.rol.Joyce 25 4653382663231 3 6145565114121 2 Groded 62 63 1 23 61 52 I" 143664666752121 1221843692132313 61 52 1 PERSPECTIVES - Cont. Int. law Prof. Buergenthal LegalHistory-Prof. Mann Legal Profession- Prof. Swarlr Philosophy oflaw -Prof. Franklin - , . ,_ , , Cc. Pt.& Tr. Marks Prof. Goldstein Senior. 37467 13324 I Mr. Monak Juniors JUNIOR (Failure) AND SENIOR ELECTIVES - 59 60 61 62 63 64 - Juniors - 65 66 67 68 69 70 71 72 73 74 75 2 3321 2 2 16 14 1 2 1 1 1 8 8 12 1 Prof. Sworti 2 27 81 82 83 84 85 86 87 Graded 4 3 7 12 2 2 12 1579 12 116 3 11 20 [ola| (Equivalent lo A| Number 112 2 53 10 (Equivalent to B| 76 77 78 79 80 .21 3 8 11 633 2 48 15 Prof. Alleion 12 Spies Seniors - 1 1 12 TradeRegulations Prol. Gifford juniors Seniors Willi-Prof.Joyce Juniors 437 8 3 2 7 B - AppellatePractice JudgeDesmond Collective Barg. -Prol. Alleion Corporate la,-Prof. Del Cotlo E-tolePlonnlng-Prof.Muoel Federal Juris.- Prof, (torn N.V.Practice Dr. Homburger Proctice Mr. Blair Mr.Fr.y 1 (Failure) 59 60 61 62 1 Mr.Schau. Mr.Slengor Mr.Walentynowlcz Co.Sm.Bu.ines.-Mr.DePonc.au Mr.Zlmmermann - - —- —— SEMINARS 1 1 Ccn.-Am.t.Legal Probs Prol. Angus Civil Right. Prof. Monn Crlm. low & Proc. Prof. Schworh Evld.8> Sclencei Prof, Korn Int.Oral, Human Rl.. Prof. Buergenthol low& Economic. Prol. Gifford Public Schools Prof. Hyman Tan,of For. Income Prol. Davidson legalClink -Mr. Monak 1111 132 44 5 2 412 11 3 63 SECOND SEMESTER 1967 - 4 1.1 59 29 1 25 1 34823 23223332112 - 6 1 123311 10 SENIOR ELECTIVES AND SEMINARS GRADING RANGES -- 12 2 4 13532132 12 1111 1 Seniors Trloi 3 SEMESTER 1967- 1968 Seniors N. 1.1. Prof. Juniors 2 2 8 (Equivalent lo C| Seniors Juniors 2 13 2 2 2 SECOND (EquivalentloD) Develop.Planning Probs. Prof. Kaplan Junior. Senior. Professor Joseph Laufer who recently returned from his sabbatical at McGill. university. It was felt that this would make McGill a more truly national Canadian law school. "My function was to teach a feeling for a practice." They put much less emphasis, in Canada, on taxation and procedure. "After three years, our students are in common law torts to more sophisticated about law." students who have been trained There is also a program in in the civil law of Quebec." He French Canada, Professor Laufer also gave a seminar, in French, explained, which does away with with Professor Paul A. Crepeau, the usual four year degree needin "Comparative Law of Conflicts ed to enter law school. They have recently started a system where in the Field of Torts." In addition, Profesor Laufer taught a the student will go to a two-year second seminar on "Comparitive community college and then enter Family Law," with Professor law school. "The first crop will Robert Hahla. be on campus next year." Professor Laufer helped in the This two-year pre-law system actual implementation and plan- was instituted mostly because of ning of this new national school financial reasons. It was felt that program. The full program went only the rich could afford to pay into effect on Sept. 9, 1968. The for seven years of college. program is designed to "bring about a closer understanding of Professor Laufer also stated civil law and common law thinkthat McGill and Canadian univering in specific fields and stimusities in general are having the late reseach and understanding same type of student upheavals of comparitive law." as in the United States. In fact, After their third year, law stu- a group of Students for a Demdents at McGill can choose beocratic Society, at McGill, occutween a civil law degree or a pied the president's office, demdegree in common law. Those onstrated throughout campus, who wish can take a combined etc., in their "totalitarian fashdegree. This combined degree reion." It lasted less than a week, quires an additional year beyond at which time the police were the third. called to the campus. "To call the The McGill program differs organization Democratic Society from the Buffalo system in that is to me a perversion of words." Buffalo students are trained in It is the desire of Professor common, not civil law. Laufer to establish closer links During the year at McGill Unibetween American and Canadian versity, Professor Laufer was aclaw schools. This is because: 1) tive in the Canadian Association there is an increasing interdeof Law Teachers. He was a pan- pendence between the United elist on "Tort Liability Problems" States and Canada; 2) there is a at their meeting in Alberta. He great deal to learn from them also attended the annual meeting and they from us; and 3) a lot of Quebec Law Teachers. of the disagreements with Canada How do the students at McGill would be alleviated with better differ from U. S. law students? knowledge between the peoples "They are used to the continental of the two nations. It is truly a tradition of teaching. That is, the worthwhile goal. course FINAI TAXATION A-Prof. DelCollo B- Prof. Joyce Labor Law culture. Thelaw school at McGill, which has about 250 students, had previously been one which taught the civil law. During his stay there, Professor Laufer participated in a program to institute a system of teaching both the common law and civil law at the 104 99 1112 3 5 1523 Piol. Goldstein Criminal Procedure A-Mr. Blnon FamilyLaw vides training in such diverse fields as arts and science, medicine, law, engineering and agri- professor comes in, gives his lecture, and leaves. The student can attend or not as he pleases." Professor Laufer didn't use this method. He used the system that is used at Buffalo and most American law schools. At times, he had to convince the students to prepare for classes. He found that the Canadian law student, upon entering his first year, was generally better read than the American law student. But "our students get more intensive training and a better GRADES Dean Hawkland B-Prof. Fleming legalClinic- University. McGill University is an Englishspeaking Canadian school in Montreal. It is a school that pro- Total 914 6 2 7 4 2 1256111678711 4533131 2 II Contract. A Property II SEMESTER 1967 of law at McGill friendships. Anyone having any questions may call Joyce Bennett 431119 988114433111211 4 6 8 12 14 18 10 5 9 2 I I 1 1 1 2 1 12 2 12 111 -DeonSmith (Final same) VEARIVFINAI 11 2 I I 1 Prof. King B-Prof. Kaplan II SECOND by Larry Shapiro "The law school at Buffalo has a special obligation to establish close links between American and Canadian law schools because it is so close to Canada," says Prof. Joseph Laufer. In his desire to do just that, Prof. Laufer, upon invitation, spent this past year as a member of the faculty at 826-2367. / 1 7 5 6 11 22 '8 16 11 10 2 1 3 4 997 22 778243 112224 Pro). King Dean Hawkland B-Prof. Fleming Admin, taw - Prof. Laufer Returns from Sabbatical the Erie County Savings Bank in the Northtown Plaza. Objects to be auctioned are a variety of handmade Christmas, decorations and gifts, which make excellent and unusual Christmas presents. 'A case of liquor will also be raffled off at the auction. Proceeds from the auction will go into the scholarship fund. There are tentative plans for a card party during March. More definite plans will be announced at a later date. The year's activities will close with a luncheon or dinner honoring the Senior Law Wives. At this time they are awarded their P. H. T. degrees (Putting Hubby Through). The newly elected officers are also installed at this event. As a result of these meetings and fund-raising projects, many members form lasting 3 at Nbr. (Failure) (Equivalentto D| (Equivalentto C) (Equivalent tofl| (Equivalent loA| 59 60 6/ 62 63 64 65 66 67 68 69 70 7/ 72 73 74 75 76 77 7B 79 80 fit 82 83 84 85 86 87 Graded Civil Procedure A- Dr. Homburger B RANGES on Dec. at 8 PM 2 7 11 1968 59 28 loln , Number (Equivalenllo D) (Equlvalenl toCI (EqulvalenlloB) (EquivalentloA) 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 90 Graded 112 3 2 111 12 2 3 13 15 3 111. I 1 1 I I 12 2 2 4 4 112 2 2 4 3 21 112 2 1 1338684 19 84446111 1112 111 12 2 11 . 1 12 3 , I 1 1 7 8 8 8 .- - . . .... 1,13 1 - 4 2 2 1111 2 I 3 1 1 3 1 3 ■ - ,,, 1 .1112 2 ," 3 2 6 115919 2 ' 18 24 72 8 12 11111 2 111111 4 1111 1 1' 14 3 15 15 7 4 8 ._ II o 111 3 2 3 Graduation Graduation Is not as far away as you may think. In order to make certain that all seniors get diplomas with their names spelled correctly, order forms will be distributed in the near future, possibly after the Evidence Exam. S. B. A. - presents a STUDENT FACULTY COCKTAIL PARTY DECEMBER 6th The Plaza Suite 1 M&T Plaza �Law Review Budget Cut The Ombudsman Report In November 1967, the Ombudsman Demonstration the City of Buffalo began to function under a grant from the Office of Economic Opportunity. Four neighborhood offices were eventually established. These were each staffed with a neighborhood aide and 11 participating law students, who worked in the offices on a rotating basis. Although the Ombudsman is United States. It is also one of to act in the interest of the the few examples of a local Omentire community, he has an budsman in the world, and the affirmative obligation under the only one that employs neighborgrant to open up and maintain hood offices in the core areas. channels of communication with The table below lists the comthe poor. Establishing effective Editor-in-Chief communication with the poor has plaints docketed during the first Michael Stephens, of Law Review proved to be harder than was nine months of the project. originally anticipated. It was only during the fourth month of the project that a substantial number of complaints began to come in from this source. The Sex and law, two topics of interest to most law students, reason is due partly to distrust, were combined in a lecture by Dr. Robert L. Sadoff of the which has not yet, and may never, Temple University Schoolof Law. The subject of Dr. Sadoff's be overcome. Equally important is the lack of information in the lecture was "Psychiatric Aspects of the Sexually Deviated poverty areas about the project Offenders." Although excellent publicity was Dr. Sadoff began by stating several common beliefs received, it takes time for it to about sex crimes, which he later disproved. These fallacies filter down to the poor. are: sex offenders are lustful and over-sexd; minor sex Much of the previously mentioned distrust has its origins in crimes progress and lead to more serious ones; effective the tension between Negroes and treatment methods are known and utilized; sex offenders whites. Based upon the activity are usually recidivists. of the past months, it is the beperson is under the influence of lief of the directors "that an He defined sexual deviancy drugs alcohol. The original purOmbudsman's office can reduce as a pattern of sexual behavior pose oforsexual psycopath laws—to the tensions to some extent. The that does not encompass penilechannel offenders to places where degree to which this can be dine vaginal relations. According to can be helped—has failed shouldn't be exaggerated. The Dr. Sadoff, "we are hung up on they they and should all be repealed. Ombudsman is no sure antidote labels in both law and psychiThe rate of repetition in sex for riots." atry." The law has to define an crimes is actually lower than in The typical rioter, according to offender by his behavior, but the report of the National Ad- psychiatry should use a person's non-sex offenses. In a group of given psychiatric criminals treatvisory Commission on Civil Disdynamic individuality instead. ment, the repeat rate for sex orders, is "a Negro, unmarried per 2 cent as offenders was comages today laws unfairly between of and Sex are male the 15 24." Only a few of the Ombuds- enforced since we do not fjjj&h or pared with 8 per cent for nonprosecute all sex offenderepThe sex offenders. The rate in the man's complaints have come from which did not receive any this group. male is usually deemed to be the group treatment was 8 per cent for The Ombudsman does help reoffender said Dr. Sadoff. For sex crimes and 25 per cent for duce interracial tensions. By act- example, if a man looks at a ing as an independent intermedigirl undressing, he is a peeping non-sex crimes. According to DrL Sadoff, a Tom. But if it is the girl who ary, a certain bond is sometimes forced rape is usually the reestablished between the Ombudsobserves the male, he is an exsult of a combination of emotionman and the citizen. ibitionist. al frustration and sexual hostilPsychiatrists have no good ity. Thus, most exhibitionists, etc., The project is important not answer for treating sexual of- are not dangerous, for their probmerely for Buffalo, but as a general test of the adaptability of fenders. Thus, the profession lems are of a different nature. the Ombudsman concept to local should be careful since they can Persons on marijuana are not goernment. As a large, industrial be abused by the courts, as well overly sexually stimulated. In city, the problems facing Buffalo as being tyrannical themselves. fact, they actually have less of are fairly representative of those Not all sex crimes are directly a desire to be together. facing other urban areas in the caused by psychological disorders. Dr. Sadoff believes that there United States. Presently, this is Many cases of pedophilia, for ex- is a relation between hardcore the only such experiment in the ample, are committed while the pornography and a person who commits sex crimes. Such pornography can have an effect on those are already disturbed and 11/17/672/17/68 5/17/68 Cum. who already have a predisposition to2/16/68 5/16/68 8/16/68 Total ward committing such crimes. Abandoned cars 0 3 8 11 Another contributing factor to Building permits 2 0 2 the commission of sex crimes is 0 Civil service 4 5 the existence of a distorted view 110 Condemnation of sex; the so-called Playboy 7 14 0 21 Philosophy that it is always read3 46 36 Demolition 85 Dogs 0 4 2 6 ily available. This is "fallacious to disappointment and can lead Dumps 2 0 0 2 mental problems Employment 0 5 8 and subsequent 3 doubting such as one's manhood. 7 22 Garbage removal 7 36 People with a propensity toLandlord and tenant 7 5 32 20 ward the commission of sex Licensing 2 5 2 9 crimes can often be spotted early Paving 5 59 34 20 in life. Excessive bed-wetting, arPolice, traffic 1 18 21 40 son, and cruelty to animals can Police, other 4 20 13 37 be indicative of future sexual Probation 1 4 16 problems. A child who is a continual loner and is unable to subPublic health 1 25 75 49 may also Public housing 2 59 18 79 limate his sexual drives have such tendencies. 2 Recreation 4 24 18 All of us have deviant imSchools 3 14 7 24 pulses, but most of us learn to 12 Snow removal 6 19 control them. 1 Social Service 6 46 44 96 0 4 Street cleaning 5 9 Street lighting 2 16 8 26 Project for Sex and The Law , * Taxes, income Taxes, real estate Traffic engineering Trees Urban renewal Water charges Zoning Miscellaneous Correction Total complaints handled Complaints rejected Complaints withdrawn Complaints referred elsewhere Total complaints not handled Total complaints docketed November, 1968 The OPINION 4 2 4 2 2 0 2 5 10 (14) ■ 2 4 6 7 0 15 0 8 2 10 15 24 11 11 10 3 2 18 14 36 12 104 430 302 836 10 3 1 5 16 31 1 6 10 440 44 2 20 66 120 0 9 40 342 902 The Buffalo Law Review, dependent on the state for financial support, has found itself the victim of a one-third budget cut this year. Each issue costs approximately $8000 to print and distribute and with three issues scheduled each year the $13,000 allotment presently available is totally inadequate. Already scheduled for this Fall is a special project on New York's experience under the new Penal Law. In the preliminary stages is a study highlighting air and water pollution law to be published next year. Because of the budget slash, that and future special projects may have to be shelved. fessorRobert Kessler of Fordham This term the Review has offered 28 Juniors the opportunity Law School. An unusual commenon The Medical and Legal its tary to become candidates for staff. Law Review, which usually Aspects of the Post Prostatectomy accepts about 20-25 memberseach Urinary Incontinence Suit profall extended this slightly larger vides some useful information in number of invitations due to ex- the area of medical malpractice. treme closeness in grading. The new members will be required A timely casenote on compulto publish at least one Casenote sory Civili Commitment of Narand one Comment, before being cotic Addicts by Kenneth Weiss elected to Senior status. Each '69 is also worthy of note. Other candidate will work under the student commentary and caseaegis of a Review staff member notes on Constitutional Law, Doand a faculty advisor. mestic Relations, Federal TaxaAs might be expected, last tion, Labor Law and Torts round year's Review graduates have out the issue. done well in landing full time The Spring 1968 Edition which legal posts. The editor-in-chief, still has not come off the press Peter Brevorka, is now clerking because of administrative and for Associate Justice Jasen of the mechanical difficulties is due to New York Court of Appeals. Two appear shortly. It will contain other members of Review joined articles dealing with Conglomerthe staffs of Federal District ate Mergers, aspects of ManageCourt Judges; one in California ment Fees of Mutual Funds and and the other in the nation's a work on the Game Theory Apcapital. With the addition of two proach to Legal Analysis. The more Review men to the Fourth Recusation of Federal Judges is Appellate Division of the Suanother topic which will be covpreme Court of New York, four ered. clerking positions there are now filled withBuffalo Law graduates. The new candidates are: James Allen, Alan Chase, WilLast year's Winter issue of the liam Dixon, Howard Fenton, Sam Review which has just recently Hester, Ted Kantor, Robert Kelbeen made available contains the ler, Lawrence Lioz, David Manch, Nathan Burkan National CopyWilliam Mitchell, Robert Pierce, right Prize awarded by the AmerCharles Shabsels. ican Society of Composers and Also Daniel Seamens, Robert Publishers. It is entitled "Copy- Scalione, William Shevlin, Jefrighting the New Music" and frey Steinitz, William Stibel, Harwas written by Assistant Profesry Sushek, Harvey Sussman, Gersor Paul Goldstein while attendald Toner, Jeffrey White, Thomas ing Columbia Law School. Wojciechowski, Edwin Wolfe, The issue also contains an artiJerold Yale. cle on "Setting Up a Close CorMichael Stephens '69 is the poration in New York" by Pro- editor-in-chief. C/oseup A Schedule is Born Preparing an exam schedule is more than just picking courses out of a hat and matching them with a date. Numerous problems must be overcome in order to obtain thebest possible schedule. The greatest difficulty is having to schedule a total of 17 exams in just 11 days. Four year students pose a special problem because they take courses that overlap the freshman and sophomore years said Mrs. Dean, who makes up the schedule. ' hardship. By scheduling all of the required junior courses during the second week, only four juniors were faced with back to back exams. Another factor taken into consideration is the difficulty of the courses^ Thus, courses such as Federal "Taxation and Corporate Taxation are not placed back to back with any other exams. Altogether, only 24 students out of 420 have back to back exams. Increased Electives a Factor As the student body and the of the first things that number of electives grow, it will Mrs. Dean does is to group to- become increasingly difficult to gether all of the electives to work out a good schedule. Fursee if any can be given on the ther complicating the problem same day. There are no students is the difficulty of obtaining comtaking bothLabor Law and Trade petent proctors, and the shortage Regulations, so both can be schedof seating. "Although it is hard work, I uled at the same time. The most important consideration is givlove doing it," said Mrs. Dean. ing back to back exams to the "It is a triumph to me to be fewest number of students posable to get a workable schedule. sible Only six students are taking As long as I can, the prime conInterests, and only two are taksideration will be to harm the ing Future Interests and Labor fewest number of students." Mrs. both Wills and Trusts and Future Dean also pointed out that there are some law schools which have I—Bar Leadership and Civil Law. As a result, it is possible Disorders Section on Criminal to schedule these exams back to students taking two exams on only, back with a minimum of the same day. Law. American Bar Association, 1155 East 60th St., Chicago, 111. 3—The Twentieth Annual Anti60637. Schools. Proposed by the Section trust Review 1967.'(Valuable on Legal Education. A.B. A., 1155 2—Law in Action—A monthly for Trade Regulations Juniors East 60th St., Chicago, HI. 60637. account of the Legal Services and Seniors). The July 1968 ABA Note: The object of this column Program. This is a very informaJournal says these lectures are is to inform the students and tive and useful tool for those compulsory reading. Reprints are faculty of publications available interested in legal aid work, pov- available from Professor Hand- at no cost which may suppleerty programs and poverty law, ler, 425 Park Aye., N. V., N. Y. ment classroom instruction or be consumer protection and com- 10022, with his compliments. of general interest to the legal munity action programs. OEO profession. Suggestions for this Executive Office of the President, A—Standards for Legal Educa- column from the students and Washington, D. C. 20506. tion and for the Approval of Law faculty would be welcomed. One For The Asking — — — � 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, 1968-11-01 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. 11/1/1968 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/6587062347e6879450b9c4a7fe78e3e8.pdf 8e5490c7b6c842599a231fe036cce52a PDF Text Text OPINION VOL. IX, NO. 2 State University of New York at Buffalo, School of Law DECEMBER, 1968 NEFF ELECTED S.B.A. PRESIDENT Bill Neff was elected President of the Student Bar Association by an overwhelming vote. Mr. Neff had a total of 210 votes, while his opponents, Tom Casey and Joe Bennett, had 57 and 53 votes, respectively. At the S. B. A. meeting of Dec. 13, Norm Alvy was elected Vice-President, Larry Schapiro, Treasurer, and Michael D'Amico, Secretary. (Following is the text of a message to the student body from Bill Neff.) I would like to take this op-portunity to thank all those who faculty to ascertain their views, A draft counselling service has supported me in the recent elecand to conduct open hearings in been established to afford stution. I would also like to congratto obtain the views of the dents needed informationand adulate the newly elected officers order student body. After all of this in- vice about this problem. and representatives of the Stuformation has been compiled, a dent Bar Association. The new code The S.B.A. Newsletter, which will be drafted and put to representatives have shown great a vote. Assuming an affirmative has already made it debut, is designed to keep the student body interest in working for a better vote by a student referendum, the law school. My fellow officers code should be put into effect by informed of all relevant matters. are extremely qualified individuIt will be available weekly, exMay, 1969. cept when the Opinion is being als with a great desire to work published. for and with the student body. I have appointed Tim Dwan as Chairman of the Orientation A student Book Exchange will I wouldalso like to thank Herb Committee. Its purpose will be be set up in the near future. Its Siegel for the fine job that he to improve and conduct the main purpose is to makeit easier has done this past year. He has Freshman Orientation Program. for students to buy and sell used set foundations in many areas textbooks. which will make it easier for us Tom O'Neal has been appointto build future programs. I have ed Chairman of the Freshman AdAn athletic committee is bebeen asked to discuss the provisory Committee. The commiting in order to accomograms to be pursued under my tee's main function will be to date formed those students who are inadministration. establish a program of informaterested in participating in the tion and counseling for first se- intramural program on the main A committee to investigate and campus, as well as in other outmester freshmen. draw up an Honor Code for the side leagues. The committee, unlaw school has been established. A Law Student Directory will der the chairmanship of Ken DiaThe committee will be chaired be available to all students at mond, will also be responsible by Dick Clark. It will be the comthe beginning of next semester. for setting up inter-class compemittee's job to analyze the honor codes presently in operation at The Speakers Program has been other schools, to consider the revamped, and the list of speakcomments of students under these ers for next semester will be codes, to consult with our own available after exams. UB Defeated in The University of Buffalo Law School was defeated by Law School in the Regionals of the National Moot Court Competition. The arguments were heard on Nov. 16, 1968, in the Federal Court Building. Michael Gallagher and Joseph Spaeth argued for Buffalo. The judges were Mr. Manley Fleischmann, Mr. Reid Moule, and the Hon. John T. Curtin, Federal District Judge. Albany case involved a U. S. Army private who was seeking to enjoin the Secretary of Defense proach, confining itself to the from sending him to Vietnam. procedural posture of the apBuffalo argued for the soldier. peal, and the issues raised on the While Albany, Cornell and Syra- record. From their comments after the decision, it was apparent cuse argued the case on its merits, Buffalo used a different ap- that the judges did not favor The Joseph Spaeth arguing for U.B. in the Moot Court Competition. His Buffalo's approach. For example, Mr. Fleischmann felt that Buffalo should have argued the merits and the effect of the SEATO treaty. is seated behind him. After the judges handed down their decision, each one made a few comments on tthe presenta(Cont'd on Pg. 2. the gavel over be announced soon after examinations. cussed. Announcement problems will be issued A Law Day, held in conjunction with the newly formed PAD fraternity, is tentatively planned for the Spring Semester. mester. There will be a Christmasparty in the student lounge this week. All faculty and students are invited to attend. There will be no charge for admission. Major problems involving cur- riculum, grading, placement, the Bookstore, and the Library, are presently being analyzed and dis- STUDENT CLEARED OF BAIL FOUL UP Moot Court Regionals teammate, Michael Gallagher, titions, and competitions with the Medical and Dental Schools. The coffee hours will continue on a regular schedule, which will Outgoing S.B.A. President Herb Siegel (left), hands to his successor. Bill Neff. A recent newspaper article in The Buffalo Evening News gave the impression that an "unidentified law student" had followed unauthorized procedures in an investigation under the John Howard Society Release Program and that this had resulted in an improper release. The article quoted Donald Dade, convicted of any previous crime, President of the John Howard and (2) he had always appeared at court hearings he was reSociety, as saying student investiquired to be at. Hence the supergators "evidently failed to follow instructions" relating to the visor's release was technically checking of a defendant's past proper although perhaps ill adcriminal record. This quote was vised in light of the notoriety inaccurate and a further- statewhich had accompanied those ment by Mr. Dade indicated that court appearances, of which he it was the newspaper that had was not aware. erred and not the "unidentified The defendant had previously law student," or any law students involved in the release project. been acquitted of the fatal beating of his mother and had reAt a meeting following the ceived a "no bill" indictment publication of that report, held from a grand jury for participaunder the auspices of Dean Wiltion in a shooting incident last liam Hawkland, Mr. Dade dis- April. closed that he had been grossly Mr. Dade explained that had he misquoted and that there were been in the courtroom before the many inaccuracies in the published material. The student in- arraignment he would have taken volved had completely investi- the John Howard Society completely out of this particular case gated the defendant and had conducted an interview with him. He but when he arrived the matter was fully aware of certain facts was already in the Judge's hands. It was made clear, however, that relating to the defendant's backthe City Court Judge who preground and this led him to recommend no release to the super- sided at the initial preliminary hearing on the charges of asvisor of-the Release Project. sault was completely aware of (The actual report of the law this defendant's prior history, student was produced at this knew his family personally for meeting and it clearly specified many years and also was not a no release recommendation.) bound by any Society recommen"Exceptional timehad been taken dation. The Judge elicited a to investigate this matter," said promise of return from the boy and his parents and was placed Mr. Dade. in their custody for a further preliminary hearing. The supervisor involved rechowever, release, ommended a Further investigation showed and overruled the law student's determination. He did this based that the Judge followed the recon certain independent factors: ommendation of the JohnHoward (1) the defendant had not been Society in making the final de- on these upon the commencement of the second seFinally, I would like to remind that we are always open to suggestions and constructive criticisms. We are also looking for interested students to work with the S.B.A. If you wouldlike to work on some particular problem, please contact me, or any other member of the 5.8.A., either personally or by leaving a message in the S.B.A. office, located in the lower level, opeveryone posite the Bookstore. Program Rewarding Report Cites Brussels The StudentExecutive Committee composed of six students who served as professor's assistants and two who were elected by the program's participants, have tendered their evaluation of the summer program to Professor Buergenthal. The committee stated that it was their unanimous opinion that the program was highly beneficial from both an educational and social viewpoint. The experience was cited as highly rewarding for a variety of reasons among which were that it provided valuable insight into many of the problems in the civil law as well as in our own common law system. The opportunity to travel and to live and study in a European University was described as an experience which broadened the student's horizons. Many of the members of the committee reported making close friends and important contacts with present and prospective international lawyers. Several changes in the. gram were recommended in the belief that constructive criticism was the primary function of the executive report. The topics discussed were the introductory lectures, topic selection, seminar effectiveness, professor perform(Cont'd on Page 4) cision, thus cooperating with the Society. Following the disclosures made at the meeting The Buffalo Eve- ning News did publish a follow-up statement by Mr. Dade clearing the "unidentified law student" and all law students from any possible wrongdoing in the matter. �YOU CAN FIGHT CITY HALL Editorials Lift December, 1968 The OPINION 2 up thine eyes The S.B.A. proposal that seniors be allowed to substitute a Bar Review Course for an elective has been returned to the Curriculum Committee by the Faculty. This decision completely ignored a unanimously approved request by the Committee that seniors should be permitted to drop a course. Most people who receive a traffic summons, adhere to the philosto pay the man the money than fight." Even those few hearty souls who do take their case to the traffic court usually quit after having been found guilty, and walk away ophy that "it is better grumbling about the inequities of prosecution minded traffic a It is obvious by now that the Faculty is playing the age old game of procrastination. Their strategy is to delay a decision on the issue until we are either away on vacation, or too involved in exams to care. There is strong opposition within the Faculty to a Bar Review Course. Some professors are afraid that we will become too Bar oriented and lose our prestige. Others do not see any merit in the course altogether. These rather shallow reasons, however, are nothing more than attempts to escape rality. They represent a refusal on the part of most Faculty members to admit that something is lacking in the education we are presently receiving. The Bar Review Course is not the long sought after cureall. At best it is only a stop-gap measure. But until the Faculty wakes up to the numerous deficiencies in our curriculum and takes steps to remedy them, it is the best we have. Suggestions that we flunk out more students, be more selective in our admissions policies, or permit only the upper 75% of the senior class to take the Exam, are not only ridiculous, but erroneously assume that the problem lies with the stu- dents. We suggest that a student-faculty committee be formed to study the present curriculum in order to ascertain its deficiencies. Included in such a study should be an examination into the quality of instruction we are receiving in our courses. We further suggest that until such time as the study is completed and corrective measures taken, the Bar Review Course should be offered as an elective to all seniors. The Rocky Road Ahead Now that our elections are over and a new Student Bar Association has been chosen, we would like to extend our congratulations to President Bill Neff, as well as to the other new officers and representatives. Among the" numerous problems which the new Student Bar has inherited, two stand out as being in need of immediate attention. The first is the consistently poor showing of this Law School in the State Bar Exam, and the second is the increasing inadequacy of our present facilities. Both of these problems, by the mere fact of their existence, cast serious doubt on the quality of the education we are receiving. Mr. Neff has already demonstrated that he possesses the ability to deal with these, and other problems in an aggressive, yet responsible manner. We strongly urge the entire student body to actively support the Student Bar Association in its attempt to cope with these problems. Moot Court from P. 1) tion. Mr. Fleischmann thought that there should be less of a reliance on the briefs in the oral (Cont'd argument, and that spontaneous rather than prepared arguments were best. Judge Curtin stated that an efective advocate must be able to get the court's attention. He felt that all of those arguing were deficient in this respect. Their presentations lacked the necessary emphasis, and color to attract and keep the court's attention. Mr. Moule noted that the tions were very difficult and com- ques- plex. WhileBuffalo and Albany were arguing in round one, Syracuse and Cornel lfaced each other in round two. Syracuse overcame a weak brief to defeat Cornell. After a lunch break at the court. Just Looking Around 111 draws to a close, perhaps a closer look at recent gripes and developments is in order. The S.B.A. has elected a new President and to this discerning eye it looks like the same guy who was elected last year, and the year before, and the year before, ad nauseum. That is to say that the winning candidate has always mouthed guarantees of wondous things that he shall work,but never has it gotten further than that. Perhaps Mr. Neff will prove the exception. We can By E. Hargesheimer As the semester little guy who can't hit back, because someone "responsible" screwed up. It's academic whether the John Howard Society or Judge Trammel is to blame for the Freeman release, probably both parties. But notice the vigor with which they leapt forward to shoulder responsibility. Wow! Scheduling, per usual, is really something to behold. 98.6 per cent of all required courses are at 8:30 a.m. Why not schedule electives at that hour when there wouldbe a little incentive to get up at 4 a.m.? Senior Law Student Clifford J. Steele, however, did not give up. Convicted of the Tightness of his And another thing Trial cause, and his own innocence, he Practice for seniors is limited refused to accept a verdict of only hope. in enrollment. It is one of the guilty after a trial for speeding Speaking of the 5.8.A., the few courses that many students before City Court Justice Luwant to take because it is chowski. Mr. Steele took an ap- Siegel administration has made really in an area of study that some law at least one solid achievement— peal to the County Court. a water fountain!! Well, at least students plan to make their caThese students have waded After several months of inten- it looks like a water fountain. It reers. all these long, dreary sive research, Mr. Steele served has solid'gold pipes, but it has no through of study, only to be told, years suppose it. that it is 15-page I a brief on the Corpora- water in no, no, the administration has tion Counsel for the City of Buf- like drilling for oil, sometimes only a certain numfalo, and the County Clerk. Al- you get a dry hole and that's all decided that take ber can the course. Furthermost one year after the first you can do about it. v more, those chosen few will be judgment was entered in City only the throwing While we are it selected on basis of first Court, the appeal came up for argument before a County Court around here, there's the glorious come, first served, rather than Evening News, with its interest in career choice, class Buffalo Justice. emphasis on accuracy (also known rank, or whatever. Not to menin the John Howard Society as tion the ideal way of making the Following Mr. Steele's oral arStudent). It is what course available for all those gument, the attorney for the city, Stick The Daniel J. Lynch, conceded that the trade understands as hit the who want it. How about it? the people had not sustained their burden of proof at the trial. He then consented to a reversal of FIRST SEMESTER 1968 1969 the conviction. EXAMINATION SCHEDULE Mr. Steele stated that while the entire proceeding was interesting Date & Hour Junior Senior Freshman and rewarding, his greatest satLand Trans. Land Trans isfaction came when Mr. Lynch Fit, Jan. 3rd 9 a.m. Jan. 3rd 1 p.m. Fit, Procedure A&B during argument stated the that he was extremely impressed with Sat., Jan. 4th 1 p.m. N.I.L. N.I.L. the calibre of Steel's trial and appellate work. Mr. Lynch then Mon., Jan. 6th 9 a.m. Contracts A&B stated, for the record, thatwhen Mon., Jan. 6th- 1 p.m. Const. Law A&B Mr. Steele graduates, he will Tues., 7th 10 a.m. Jan. Evidence make a worthy addition to the Wed., Jan. Bth 9 a.m. Legislation A&B Bar, and a capable attorney in Wed., Jan. Bth 1 p.m. Taxation A&B Erie County. Thurs., Jan. 9th 1 p.m. Corp. Tax Fri., Jan. 1 oth 9 a.m. Torts A&B Fri.,Jan. 10th- 1 p.m. Corporations A&B Sat., Jan. 1 Ith 1 p.m. Conflicts Conflicts — --- - . - - Committee Members Selected -- 13th 9 a.m. 13th- 1 p.m. Tues., Jan. 14th 1p.m. Wed,, Jan. 15th-9 a.m. Mon., Jan. Mon., Jan, Dean WilliamHawkland has announced the addition of three more members to the newly Wed., Jan. 15-1 formed Visiting Committee which Wed., Jan. 5th will be chaired by Associate Justice ofthe Supreme Court William J. Brennan. 1 The new appointees are Robin Fleming, President of the University of Michigan and a Professor of Law; Leon Liddell, Profes- p.m. p.m. -1 Wills Wills Future Int. Future Labor Law Labor Law Trade Reg. Criminal Law A&B Property! -II Int. 111 IV & V Trade Reg. Summer Bar Courses Available Following is a list of the variBar Review Course ous Bar Review Courses which 25 Broad St., New York 4, N. Y. fore- may be taken during the summost Law Librarians in the naMarino Bar Review Course mer. Empire State Bldg., tion, currently at the University 350 Fifth Aye., New York, N. Y. of Chicago School of Law, and Sparacio Bar Review Course 66 Court Street, Brooklyn, N. Y. Reid S. Moule, President of the Practicing Law Institute (P.LI.) Law School Alumni Association 20 Vesey St., New York, N. Y. Plaza Suite, the final round was and presently a Justice of the Berkman-Schweyer Bar Study Group argued between Syracuse and Al- Appellate Division of the New Edward T. Welch, Esq. 44 Court Street, Brooklyn, N. Y. bany. Since both of these schools York Supreme Court. 93 Eighth Aye., had argued for the government Kass-Canudo-Thornton Brooklyn, N. Y. 11215 The Committee will provide an in the first round, a coin was tossed, Albany lost, and had to external examination of our Law change its position and argue for School curriculum and facilities the soldier. Albany, however, was and will be directly responsible able to overcome this handicap to President Meyerson. and defeat Syracuse. The judges for the final round were the Hon. THE Matthew Jasen of the Court of Appeals, the Hon. Harry Goldman and the Hon. John Marsh, Editor-in-Chief: Lee Mondshein both of the Appellate Division. Managing Editor: Norm Alvy [•Partners' f-'reiA, Jfnc. After the final round, an Photography Editor: Douglas S. Cream dinner awards was held at the Park Lane. Cornell received an SrSmllk Printing Staff award for the best brief, and Robert Krengel F. Dane Buck from Syracuse, won the best speaker award. 1881 KENMORE AVENUE Sandy Meiselman Arthur Freedman Elbert S. Hargesheimer in Larry Shapiro The Bookstore will be open Phone 876-2284 Tho published everyday from 8:30—5:00 for Opinion ia during tho academic year by tho students at tht Start University of Now York at Buffalo, School the first two weeks of next of Law, 77 Wost Eaglo Strut, Buffalo, N. Y. 14102. sor of Law and one of the OPINION JHfM semester. �December, 1968 Tho OPINION 3 Special Interview FEDERAL JUDGE JOHN T. CURTIN Federal District Judge John T. Curtin graduated from Buffalo Law School in vtdt. He has just completed his first year on the Bench. Previously he was the United States District Attorney for Western New York. The Opinion would like to thank Judge Curtin for taking time out of his busy schedule to grant us this interview. By NORM ALVY The argument has been made that recent Supreme Court decisions are actually favoring the criminal and hindering the effectivenessof the police officer. How do you view these decisions? come actually I'm here early every day. Each case presents its own distinct public. problem. to the attention of the Prof. Del Cotto to Take Sabbatical in Spring Professor Louis Del Cotto will property through purchase and duties for sale, or gifts. in order to Professor Del Cotto, although go on sabbatical. looking forward to taking the sabbatical, has mixed emotions Professor Del Cotto is not yet about leaving. It is hard for him certain how he will spend the to give up teaching, and he also regrets having to leave the tax time. He has an offer to go to the University of Parma in Italy, course he is currently teaching where he would teach a course in mid year. On the other hand, in comparative tax policy. If he Professor Del Cotto feels that decides not to accept the offer, the sabbatical is necessary beProfessor Del Cotto will remain cause it will give him an opporin Buffalo and write an article tunity to think about new probabout tax avoidance of mortgaged lems and methods of teaching. give up his teaching the spring semester State Judges stack with judges anywhere in the nation and they are placed on that Supreme Court Judges serve 6 or 8 year terms and the ballot by the political parthen go before the Senate for ties. There has always been this reconfirmation. Do you feel notion of removing politics from These decisions—Miranda, Escothis would weaken the indethe judiciary but that is not alpendent judiciary? bedo, Mapp, etc., while having ways easy to accomplish. Even a made it more difficult for the polce are certainly not the cause There should be some way of, committee of non-partisan citifor the increase in the crime let us say—checking up on the zens is going to accept only those rate. These decisions affect evgeneral work, physical condition eryone charged with a crime not and mental health of the Judges whose political thinking they apjust a "criminal" Better pay, from time to time. But if you prove. more equipment, advanced train- make the rules too stiff you are There is no system which is ing seem to be several ways to taking away from their indecombat the increase in crime, not pendence. The system has worked perfect. One good thing that has attacknig the Court's decisions. out pretty well so far. Some happened is that the law schools changes might be all right but are putting forth better gradumajor changes without full conHow would you distinguish sideration would not be a wise ates and this in turn leads to an or characterize the different improved judiciary. Aiso more experiences you have encountthing to do. and more people have become inered as UnitedStates Attorney and as a Federal Judge? Should Federal Judges be terested in the workings of the elected for long terms as New court system and this in itself York Judges are and then run There is a difficult transition will bring about improvement in period between the two. again? Professor Louis Del Cotto the selection process. The temptation as ask too many This would present a problem. you Do a fee there is need questions is a problem. You sonje- Federal Judges can be assigned to reform the Electoral Coltimes forget that the lawyers in- anywhere in the country. That lege? volved in the litigation before system would therefore prove unyou know the case better than workable on a national scale. In There should be some change, you do, or that certain material certain circumstances the elecbut just exactly what it should tion of Judges is a good syswill be covered by another witI couldn't say at this time. I be ness in the case and so on. Our tem. It depends again on the What does it take to be one of the foremost experts court system is based upon the constituency which the judges haven't done any independent around in physical planning of the Republic of the Philipstudy on the matter. adversary system and the judge serve. pines? Professor James L. Magavern doesn't claim to be must allow the parties to present Do you believe a case is one, but after spending all last year working on the physical What do you feel is the best the case. As U. S. Attorney I judge better tried by a alone or planning problems of the Philippines at the University of naturally had the opportunity to method for selection of Judges? a judge and a jury? by many investigations. You Philippines Law Center, he could be called just that. lead Should the Bar Associations put forth the recommendations? miss that as a judge. a great believer in the vT'msystem. The goal ofProfessor Magavern Professor Magavern feels that jury Jurors are called in and his colleagues was to conIn the federal system nominees the students there aren't as Also, there is the realization from all walks of life. They are siderand propose revisions of the alienated from the system, their that I must now care for all of under consideration are submitmore flexible than a judge might entire national and local system parents, etc., as in this country. the court's problems. The run of ted to the American Bar AssociWhile a judge may feel one of physical planning which would "The students, in general, are the mill case must be given equal ation which makes a report. For be. way on a contributorynegligence include urban and community less rebellious," although there time. the most part the President issue a jury could come to a development of housing, public are many students who are active names individuals who have redifferent result. Of course this is facilities, land, and aspects of in politics and in demanding reHow would you view the received ABA approval. all within the framework of the general economic development of forms. "A lot of the more agfusal by the Senate to take up law. the nation. Thus, it can easily gressive students are against the the confirmation of Justice There is a lot to be said for be understood why he considered United States government." Fortes as Chief Justice. Was it the New York City system. There, There is no magic in the num- it not only an interesting and This anti-U. S. feeling of these ber 12, or even six for that matenjoyable task, but highly chalstudents can be traced back to ter. The jury system has not lenging. when the Spanish left the Philipclogged the calendars. The nonTo accomplish the objectives, it pines. In the place of Spanish jury case means very often that was necessary for Professor Marule, the United States estabmonths later the judge gets to gavern to continuously travel its own authority. The reread the transcript, the attor- throughout the country, read its lished American government did help neys must submit briefs, there history, read its newspapers, and country but built a colonialist the are further motions, etc. In the talk with its people. While doing type of economy. jury system the parties may get all this, he found time to teach a More damaging than that was a decision right away, sometimes course at the law school and the American demand after as quickly as a few hours after another at the Institute of Plan- World War 11. In order to get the close of testimony. ning. aid and war damage payments, He also spent two months in government had Philippine the Gov. Dewey has said we could Korea working on their physical put a provision in its constieasily do without the Fifth planning problems. Through his to tution giving U. S. citizens equal Judge Henry Amendment. work and studies in Korea, he Friendly would like to put produced a 54-page report for rights in exploiting the Philipeconomy and natural resome restrictions on it. What the Korean Housing, Urban and pine sources. It was not so damaging is your view? Regional Planning Institute. economically but the people conWhat are some of his observasidered it extremely insulting. We must apply all the laws tions during his year in the for student proOther reasons country equally. Philippines? The has "a tests against the United States more authoritarian educational are them to conpressures for disagree couldn't with Gov. system" I than the United States form to U. S. foreign policy, Dewey more on this. The Fifth and therefore, the students are Japan getting much more money Amendment should not be much more conscious of the auafter World War 11, thousands changed. People do things we thority of the teacher. The studon't like. If we look at the dents were not as aggressive in of American soldiers on the isall times, and United other side of th eocean we would stating their ideas as American lands at companies enjoying a dombe appalled at what goes on students. "I tried to get them to Statesposition inant in the economy. there. The sacrifices we would themselves more, not just to acJudge John T. Curtin The country is run democraticchallenge me more and assert have to make is not worth it. ally. "Its political system is much cept all I had to say." Some of the people who would Education is very important in like our big city politics with its a group of eminent citizens proan attack on President Johnson object any most to proposed the Philippines and receives a patronage, alliances and personpose the names of persons for and his policies or was the al relations." Few countries with change in the structure of the very strong emphasis. "The counjudgeships when asked by the Court itself under attack? a per capita G. N. P. so low (about try is supposed to have more colmayor. Usually he follows their Fifth Amendment would prob$150 per year per person) can Dewey's of ably lege graduates, be size some of Gov. for the To recommendations. This is in the past now. than population, England, clients. We can't claim to be a democracy. The Wall Street the rehash it wouldn't serve any people "participate in the govhave two systems of Justice. The France or Germany." The Executive official, howpurpose. Evidently Justice Fortas year Philippine stuernment all the way down the general, 19 old car thief and the the In ever, should have the right to has forgotten about it too. line, in pursuit of patronage if reject candidates put forth by a corporate executive must he dent will make tremendous sacnothing education. Profeselse." There is a proban treated alike. rifices for panel. He must run on the recIn your first year on the sor Magavern remembers one of lem that continues, in that the ord of his appointments. If he bench what has been the toughowning aristocracy is still travel, Goldberg has summed his students who would land this should be Justice makes bad ones est problem you have had to it up best in that the Fifth every Saturday, eight hours by very powerful, sometimes getting known and made an issue durface? and at times ing election time. If he makes Amendment reflects one of our bus to attend* a three hour class votes with economic and then travel eight hours back. more drastic pressures. Getting to work on time. No, good appointments this too should fundamental values. The suggestion has New York been made up by some political commentators .. Prof. Magavern Returns From Philippines - �IN THE OTHER CIRCUITS U.C.L.A. SCHOOL OF LAW— Student Bar Association efforts have resulted in law students sitting as voting members of each faculty committee. The law school paper, The U.C.L.A. DOCKET, claims this participation is unequaled at any other law school in the nation—But what about the student faculty committees here at SUNYAB LAW SCHOOL? Perhaps clarification from our Committees will be forthcoming. University of Texas School of Law—A Job Placement Institute was set up "to assist the vast segment of the law school who are not courted by the larger firms or groomed to the choice clerk- ships to which seemingly only Law Review, students may aspire," and to assist their overburdened understaffed placement office. The institute consisted of a day long session of seminars and discussions with representatives from major firms, governmental agencies and private corporations as well as small frim recruiters. In a banner headline the law school's newspaper the Texas Law Forum noted, "Even Lower 90% invited December, 1968 The OPINION 4 to attend." in order to allow local judges to reduce bail in some instancesand to permit defendants to be released upon their own recognizance in others. It was noted that without the Law Students aid the parole boardand the courts could not have handled the temporarily increased caseload and that thanks to the student lawyers constitutional rights to reasonable bail were not violated. Many per- sons entitled to release were detained only a short time and were able to return to employment while awaiting trial of the charges against them. Columbia Law School—Heads of three law school student groups at Columbia declined to take part in a study under the auspices of the President's Commission on Violence aimed at rooting out the causes of last summer's Chicago convention disturbances. (This is the now famous Walker Report). The Survey of Human Rights Law, The Law Students Civil Rights Research Council and the Student Lawyers Gulid refused an invitation to help conduct interviews which were to be included in the now Library Budget Reduced Currently plagued by a severe manpower shortage and generally overcrowded conditions the law library faces even more difficulties in the near future.' Financial belt tightening practices by the Bureau of the Budget in Albany have eliminated $60,000 from the book buget allotment for this year and staff positions have been frozen at their already low levels. The first victim of the finance International Law. Negotiated contracts with foreign publishers had to be cancelled and only the UnitedNations Publications Office material will supplement the present international Law section. Secondly and perhaps even more crucial the library staff will not be increased at all this year according to Joseph Pascucci, Acting Law Librarian. The Law School's Seven Year Plan for the library called for a full time staff of 28 by 1968-69. Presently only 9 employees comprise the entire library staff. Library aides were added last year but the all important Law Lbirarian positions were not filled. Law School Hoopsters has recorded two straight successes since play begain earlier this month in hte Lincoln Filedhouse Unlimited Division League and should have several more before the season ends. Though the margins of victory were not large, The Law's players were just beginning to hit their stride at the end of the the second contest proving what a great physical conditioner attending law school can be. The team is led by such stal- warts as Charles Davis, an ex-Buffalo State star and Bruce Norton, the famed phantom dunker of Southern Illinois. The floor captain is Dan Holley, and under his astute leadership the team has a fine chance to take the League Brussels (Cont'd The United States civil Service Commission has recently raised the grade levels of new lawyers entering government service. Law School graduates holding a J.D. or an LL.B degree will now enter government service at grade GS-9 or $8,462 per year rather than the previous $6,981 per year. GS-7 or addition, the new entrance levels allow a lawyer who completed law school in the upper third of his class or earned a second professional law degree, LL.M, or showed "superior academic achievement in other ways," to enter GS-11 or $10,203. In exceptional cases new attorneys may enter at GS-12 or $12,-174. In We Buy and Sell USED LAW TEXTS BRIEFS - OUTLINES FOR ALL U.B. LAW SCHOOL COURSES OUT rrILU 3610 Main Street textbook 7r.'-^r 14226 stores, inc. ParkFreeNextDoor Dean Monrad Paulsen of the University of Virginia Law School, addressed both students and faculty on the "Privilege Against Self-incrimination" on December 5, 1968. Dean Paulsen is a noted authority in the field of criminal law, and has written numerous articles as well as co-authoring a casebook in this field. and Presently the law school has only one full time qualified Law Librarian. That post is filled by The Obiter Dicta of the UniJoseph Pascucci, but even that versity of Missouri Kansas City that information gathered by the post will be vacant at the end of Law School reports that 18 of its canvassers could be incriminating the term. Mr. Pascucci has accepted Directorship of the Philastudents aided in the Jackson or serve as a basis for prosecudelphia Bar Association Law LiCounty Parole Office after sumtion of those who were in Chibrary and will assume his new mer disturbances by verifying in- cago during the Democratic Naduties in January, 1969. formation interviewing prisoners tional Convention. A search committee consisting title and move into the City wide of Professors William Angus and Thomas Buergenthal of the Law playoffs. School and Erich Meyerhoff of the Health Sciences Library was Other outstanding members of responsible for coordinating efthe team include Fred Garwood, forts to fill the Law Librarian Stu Gartner, Jerry Hesch, Teddy post. A recommendation has been By DAN HOLLEY Kantor, Jason Karp and Alan made to the full faculty and an announcement will be made by Keiler. During a period of inspired creDean Hawkland as soon as the ative thinking a group of stuappointment is made official. dents formed a basketball team to represent the Law School in a local tourney and titled themselves "The Law." Thankfully the Report team's ability to play basketball has proven far superior to their verbal inventiveness. The squad The Privilege Against Self-Incrimination cut was the planned expansion in Foreign completed study. The primary reason given by the groups was Lawyers' Salary Scale Raised Speakers Program from P. 1) ance, student participation, student selection, housing, materials and class hours. One of the suggestions made was that the relatively unreward- ing introductoryperiod should be limited and the function of giving the American students some preliminary instruction in the civil law system should be accomplished by an elective given at our law school in Community, Public, and Private Law of the European Legal Systems. The Committee expressed its appreciation for the excellent effort of the administrators and all those associated with the In- stitute of European Studies at Brussels. The Committee hopes that many of their fellow students will have the opportunity to participate in the program in years to come. r———————■■■■-"—.'-——.——~-—«■.—m Dean Monrad Paulsen of the University of Virginia School of Lew. tablished that a prisoner was to be informed of certain rights prior to interrogation,and placed limits on what couldbe done during the interrogation, caused great controversy. It had a great impact on police because interrogation procedures are usually more important in serious cases such as murder, rape and arson, where there is scarcely any other The first factor is the recent evidence available. Thus, police revolution in criminal procedure, became afraid that Miranda was going to impede their effectivewhich began with Mapp v Ohio ness. in 1960. This revolution has taken two forms: federalization of proThe Supreme Court has limited cedure which was formerly under state control; and the expansion the privilege to what is termed "testimonial evidence," as opof the reach of federal protections, such as a jury trial in posed to physical evidence such cases of serious misdemeanors. as blood tests. The Fifth Amendment has come under attack both in Congress, and by such prominent persons as former Governor Thomas E. Dewey and Second Circuit Justice Henry Friendly. According to Dean Paulsen,part of the reaction against the amendment is due to two-factors which are unrelated to the amendment as such. According to Dean Paulsen, the reason for the existence of the privilege is to preserve the integdecided in 1964. In the course of rity of the judicial system. An expalining its holding in Malloy, accused should not be convicted the court included confessions "unless the prosecutor shoulders within the protection of the fifth the entire load." amendment. The court went furJudgeFriendly's proposed modther and put the privileges against self incrimination in the ification of the amendment has of the Fifth three main points: The amendcenter Amendment privileges. ment should only apply to cases something is visibly or which in Whether or not one agrees wtih physically taken from an acthe present scope of the amendcused; a judge should be allowed ment depends to a large degree to comment on an accused's reupon whom one sees as the vicfusal to answer questions; fedtim: the arch-type criminal or the eral employees should be subject "poor drug-soaked blackman who to a loss of their job for invoking the privilege. Judge Friendly never had a chance." believes that the amendment Since the decision in the Mal- should not be analyzed as a genloy case, the Supreme Court has eral right to privacy, and that the developed a new sensitivity as to need for truth at a trial should what sanctions and methods can prevail. and cannot be used to obtain statements from an accused. For Dean Paulsen is opposed to example, in Garrity v New Jersey, Judge Friendly's proposals. He the Supreme Court held that comfeels that the text of the current pelling a police officer to anamendment ought to stay as simswer questions or face a loss of ple as it is. It is an "undifferenhis job, violated the amendment. tiated expression on a state's power over individuals." -Miranda v Arizona, which esThe second factoris the recent popularity of the privilege which is due mainly to Malloy v Hogan, * f-^arlnars f-^rtii, ."«<. .J1, r ,1l SrSnUlk 1881 KENMORE Prlntinf Season's Greetings AVENUE from the Staff of Phone 876-2284 -40fc»e THE OPINION Bs_--.»_«_air»^l^^^^^^^^^^^^^^^irKsß � 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, 1968-12-01 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. 12/1/1968 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. 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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/42cc739de68a0549a1e738e93c109198.pdf e9e0bfa4790e19b1a08287d2df2b6c7b PDF Text Text THE OPINION VOL. IX, NO. 3 State University of New York at Buffalo, School of Law UB Places Second in Moot Court Competition APRIL, 1969 Students Seek More Power The second annual Niagara International Moot Court Competition, sponsored by the U.B Moot Court Board, was held on March 22 in the Erie County Hall. Buffalo won the first round, but was defeated in the final round by Western Ontario. Four schools competed this falo and sold it at a buyer's wholeThey were Western Onsale car market, where it was Syracuse, tario, Buffalo, and Osby cried The student body overwhelmingly approved the creation of a joint faculty-student goode a crier. The finance comHall. the pany instituted suit against the committee to study the problems facing the law school. The committee is supposed to re- round, BuffaloInarguedmorning as appellee crier and the purchaser, either port back at a convocation to be held sometime in April. against Syracuse, and Western for damages or to regain possesThe creation of this committee came as the result of a Faculty Student convocation Ontario argued as appellant sion of the car. Don Eppers and Ralph Bonielon Friday, March 7, to discuss various student proposals to reform the existing government against Osgoode Hall. Buffalo and Western Ontario won their lo represented Buffalo. Mr. Epstructure. contests, and -competed in the pers and Percy Smith of Western The joint committee consists of final round for the Niagara Inter- Ontario tied for the best speaker five elected students and five national Moot Court Trophy. award, which was presented along faculty members. The student The problem was one in comwith the trophy at a dinner that members are Steve Auerbach, mercial law. A man purchased a evening. senior, Ed Wolf and Gerry Yale, car on credit in Canada. The The Niagara Competition began juniors, Greg Stamm and Peter dealer ga*ve a purchase money last year with just Buffalo and Bush, freshman. The faculty mortgage to a finance company, Osgoode Hall competing, and was members are Professors Louis which gave him cash. The car expanded this year to include Del Cotto, Kenneth Joyce, Joseph was repossessed by the finance Syracuse and Western Ontario. Laufer, Paul Goldstein, and Wilcompany, which entered into an The Moot Court Board hopes to liam Greiner. agreement with the original dealbe able to expand even further A general student meeting was er to permit him to keep the car next year by bringing in two held on March 5, during which on his lot in order to resell it. more American and two more nine proposals were voted upon. The dealer took the car to Buf- Canadian Law Schools. The general intent of these proposals was to give students an equal share in the decision and policy making apparatus at the law school. About 200 students attended this meeting. The proposals were to serve as an agenda for the convocation on Friday. Larry Schapiro, S.B.A. Treasurer, has been elected Dean William D. Hawkland felt Circuit Vice-President of the Law Student Division of the that it was a "terrific meeting, held in a very constructive atmosAmerican Bar Association Mr. Schapiro's successful camphere, with people trying to build paign took place at the Quint-Circuit Conference of the a better law school. There is a A.8.A.-L.S.D., which was held in Williamsburg, Virginia general realization that we have from March 6-9. a good foundation, but that there Sign reminds students to attend the Faculty Student Convocation are areas to improve." John Segreti, MiGbael DlAmico, law school in the circuit. The Bill Neff and Herb Siegel also booklet should greatly facilitate represented the law school at the the interchange of ideas and proconference. According to Mr. jects among the various law The annual Barristers Ball was Schapiro, "it was their hard work schools in the circuit; held on Saturday, March 22 at and campaigning that made my FACULTY EVALUATION COMSchrafft's' Motor Inn, in Niagara election possible." His campaign MITTEE, under the direction of U.B. Law School; Falls. theme was twofold: to increase By NORM ALVY In addition to an evening of the mechanisms by which the varSTUDENT-FACULTY COMMITLast term a group of Seniors The Seniors, all of whom wrote dining and dancing, several ious law schools could exchange TEE, run by the University of research papers on some aspect of awards were presented. Professor ideas and past successful projects; Connecticut Law School. enrolled in Dean William HawkAside from the election of ofland's problems seminar and did consumer affairs and will have Josephine King was given the and to reactivate the circuit orficers, the Conference consisted extensive research and fieldwork their work compiled and edited Faculty Member of the Year ganization. in the area of consumer laws and into a book by Dean Hawkland to Award. Mrs. King was unable to consumer protection. Realizing be published by a state agency, attend, and Professor Adolph the scarcity of data in this newly prepared a well balanced program Homburger accepted the award evolving area of the law, and for the committee and provided on her behalf. the need for further legislative several witnesses. They were Richard Earne was given the action, the students invited Confrom local business, legal aid, Hamilton Berger award, which is gressman Benjamin Rosenthal to women's consumer groups, welawarded to a senior each year. Buffalo for the express purpose fare, the inner-city, state governThe Ball was the most successof conducting hearings in this ment, and education. The scope ful social event of the year, with field. Representative Rosenthal, of the testimony and the ex- 120 couples attending. year. Schapiro Elected Circuit Vice-Pres Seniors Participate In Consumer Hearings Barristers Ball - Law Schools Begin Minorities Program Summer institutes at ten law schools, directed by the Council on Legal Education Opportunity, will prepare about 450 minority group students for enrollment in law schools next fall. Thirty law schools will co-sponsor the insti- Witness gives testimony elected to the House in 1962 from Quens, N.Y., is Chairman of the Special Enquiry on Consumer Representation and the House consumer subcommittee. He1 is an ardent supporter of increased consumer protection and has introduced into Congress a bill for the third time in three years calling for a Cabinet-level consumer affairs department. The Queens lawmaker was planning a series of statewide hearings on governmental agency activity for consumer protection and seized upon the law students' invitation to broaden his inquiry. Hearings were conducted on February 17, 1969 in the Federal Courthouse and proved very informative. at Consumer Hearings hibits presented had been previewed by the law students and their manner of presentation before the committee aided it in its work greatly. Congressman Rosenthal was quite impressed by the caliber of student input and planned to use his experiences with Buffalo Law Seniors as a blueprint for future hearings. He remarked that Ralph Nader also used law students in consumer research and was quite pleased with theircontribution in the area. These particular students. Representative Rosenthal went on to say, had given "magnifcent aid. Their level of performance exceeds all expectations." Larry Schapiro wasted no time in of various workshops and semintutes. The program, created in 1967, carrying out his campaign prom- ars, directed towards the various is designed to increase the num- ises. One of his first acts as Vice- aspects of law school life. Among ber of minority group members President was to set up five cir- the keynote speakers were Berentering the legal profession by cuit committees, each one run nard G. Siegel, Preside nt-Elect of assisting them to meet law school by a different law school. These the American Bar Association, Henry Clay, Director of the admission requirements. Insti- committees are: PLACEMENT, which is run by A.8.A.-L.S.D., and Robert De tutes will be conducted in Detroit, Cotus, President of the A.B.A.New York City, Cincinnati, Dur- Syracuse Law School. This comham, N.C., Charlottesvile, Va., mittee's function is to develop a L.S.D. All of the U.B. participants felt Baton Rouge, La., lowa City, lowa, model placement booklet, and a that the convention was worthSan Francisco, Los Angeles and circuit wide placement list; while. According to Mr. SchapA LEGISLATIVE LIAISON Denver. Each of them will present four to six weeks full-time COMMITTEE, under the direction iro, it "provided a forum to explain the accomplishments and of Albany Law School. Its purintensive study programs covering a variety of legal subjects. pose is to provide an effective progress of our Law School in They will provide training in ver- means to voice the opinions of the past few years. Our present bal and analytical skills needed the New York Law Schools on reputation to many throuhgout in the typical law school program. important legislative proposals; the country is the same we posAdditional special programs will LEGAL AID-PUBLIC DEFENDsessed in the 19505. We exbe conducted in Toledo and Al- ERS COMMITTEE, which is to be plained our great progress and buquerque. run by New York Law School. future goals to the other repreFunding for the institutes will Its purpose is to establish a model sentatives. Most had no idea what by sponsoring we have accomplished here, and supplied legal aid-public defender prothe be schools and the Office of Eco- gram, and to locate financial as- I would say that they were quite impressed, I also noticed that our nomic Opportunity. CLEO is sistance for these programs; seeking funds from foundation, ACTIVITIES BOOKLET COMstudent voice, as expressed government and other sources to MITTEE, run by St. Johns Law through the 5.8.A., was stronger provide scholarships for those School. This committee will pub- and more effective than that of who complete the summer pro- lish a booklet with a brief exmost of the other schools at the planation of the activities of each conference." gram. Larry has �April. The OPINION 2 Editorials 1969 Freshman Group Develops Reform Proposals A Word to the Wise The present campus-wide unrest has resulted in- a commitment to reform the existing government structure within the university. Geographical separation notwithstanding, any university-wide reform has to include the law school. Proposals for a new form of government are being submitted to a joint committee, and will eventually be voted upon in a university-wide referendum. Both the method used in conducting the referendum, and the ultimate type of government chosen, can have dire consequences for the law school. If we are not careful, we may find ourselves governed by an undergraduate dominated system which will be totally unresponsive to our needs Thelaw school, as well as the other professional schools, has interests which are distinct from, and at times adverse those of the undergraduate population. Any new system to, of government must take this into account if it is to be A group of freshman students has developed a series of comprehensive grading, ranking, testing, and probation proposals. The proposals are the result of interviewing faculty, students, Buffalo area. The committee members aTe Joe DiNardo, Joe D'Arco, Ed Riley, and law firms in the ommendation to committee, and guidelines for committee action must be worked out in detail. This will: 1. Allow those who place students on probation an infaced. Grace Blumberg, Barry Gasman, McConnell, John Collins, Jon Estoff, Clarence Gratto, and Miles Kauallen. Following is the text of their proposal which has been presented to the faculty. Nick I Testing We recommend that all final exams be given with an unlimited time to write them. That is, start at 9:00 a.m. and allow the student until 5:00 p.m. to finish. The professor will have the discretion to limit the number of words, pages, or blue books used. This will foster: 1. Clearer more concise analysis and organization by the student. 2. Eliminate much of the irrelevant and superflous material written. 3. Eliminate the unnecessary and added pressure that comes from rushing through an exam. A Worthwhile OPINION Editor-in-Chief: Lee Mondshein Photography Editor: Douglas S. Cream Staff Robert Krengel Sandy Arthur Freedman Elbert S. Hargesheimer 111 Norm Meiselman Larry Shapiro Alvy The Opinion is published during the academic year by the students at the State University of New York at Buffalo. School of Law, 77 West Eagle Street, Buffalo, N. Y. 14202. sor to weigh theexam as a whole by not forcing him to grade it sight into specific problems acceptable to the smaller Faculties. Proposals espousing a polity system or other type of mass democracy, as well as those which randomly divide the student body into voting groups or cells, are totally unacceptable. Should any one of these or similar systems be adopted, the law school would not have an effective, or even audible voice in student government. 2. Allow greater flexibility The same considerations apply to the method chosen than the present system. 3. Foster close cooperation beto adopt a new government. A university-wide referendum tween faculty and students that calls for a simple majority of all those voting, is inand a feeling of equality in herently unfair. We strongly urge that a majority of each a matter vitally important to Faculty voting as a separate entity, be required to adopt any both. We do not believe that this new system. To do otherwise would put the entire Uni- II Appointment and Tenure system will become too lenient Committee Community under of the versity undergraduate the control for We recommend that students the reason that a great restudent population. be allowed a voting position on sponsibility will rest upon student and faculty to function objectivethe committee that appoints new professors and grants tenure to ly and fairly in order to preserve Expense those already here. This will the name of the school. The recent expenditure of $950 by the Student Bar foster: Gradings and Rankings 1. A greater student voice in Association to attend the Quint-Circuit Conference of the Findings: the selection of professors American Bar Association-Law Student Division in Williamswhile not usurping any subburg, Va., has provoked much controversy. stantial authority of the fac- I Law Firms: The student body does have a right to know how and ulty. All of the firms interviewed made one point very clear. At 2. Aid in the elimination of why its money is being spent. Students also have a right the poor by present time some form of professors allowing to know when such allocations are being considered so that student protest to be reason- ranking is necessary. They bethey can make their opinions known. The S.B.A. has passed ably lodged thorugh proper lieved that they could not judge a resolution designed to bridge the communications gap by a U.B.Law graduate without some channels rather than resortproviding that notice be given to the student body when indication of status in class. ing to petition or boycott. Most agreed that a quartile rank3. Aid the faculty in gauging financial expenditures are being considered. This resolustudent opinions „on their ing would suffice. They did, tion can be very helpful as long as the student body does work rather than alienating however, admit to the inequities not revert to its usual role of non-interest one another via separate ac- of a ranking system. It was also The real problem, however, is not one concerning comfound in an interview with a bar tion. munications, but involves a much more basic issue. What Exact standards for election are examiner that rank in class is often used to corroborate one's should the S.B.A.'s role be in regional and national affairs? left open. bar result. Most firms were inIn other words, can active participation provide enough 111 Probation different to any type of grading. benefits to justify the expense? We think so. We recommend the initiation The various conventions provide an excellent oppor- of a student probation committee II Faculty: tunity to learn what other law schools are doing, especially and the abolition of the present Of the faculty members interin such vital areas as curriculum and grading. Reform pro- system. This is-due to the feeling viewed the general feeling is that present system is in need of that the the present system is too posals endorsed by all of the law schools in the circuit rigid, impersonal, and inequitable change. Some feel that it is too and simultaneously submitted to the respective administrastands. Each class will elect consuming. Others that it as it time tions will carry much more weight than if attempted on an a committee itself to review stu- is unfair—too much of a difficulindividual basis. ty to distinguish between 72-73 dents in that class only. A. Freshmen, because of sec- etc. They believe that a change By taking an active leadership role, the S.B.A. can do tions, will elect two memto a leter system or one with much to enhance the prestige and reputation of this Law bers and two alternates several graduations would be acSchool. In addition to attendance by other law schools each section. ceptable. from at these conventions, many highly respected and influential B. Juniors and Seniors will elect 111 Grading: We recommend: members and officers of the American Bar Association four members and four alA. Total abolition of a numerical grading of exams for the ternates from the entire participate. Increased notoriety and prestige can directly purpose of rank or any inclass. benefit every student here, especially through increased C. Each class terschool programs. will elect two projob opportunities. fessors to sit as advisors to Abolition of + or -3 system. B. Greater student awareness of financial expenditures, as the committee. These two C. A change to a Fail (F), Pass well as an increased voice in these matters is a desirable (P), High turn choose a third Pass (HP), Honors will in faculty member. No faculty (H), and distinction (D+). goal. It should not, however, lead to a policy of isolation may greater sit on more emphasis placed member D. A from the academic legal community. Such a policy will than one committee and the upm the total evaluation of benefit no one Deans will be ineligible for the student before giving a election. grade in a course. THE It is understood that each faculty member will devise a system of grading exams that best suits him. This can never be controlled nor should it be. What it does do is to allow the profes- The Dean of Students will then recommend to each respective committee students that he feels shouldbe reviewed. The committee upon hearing the student and examining pertinent material will decide each case on its particular merits. The committee will have the power to place students on temporary probation (e.g. 1 semester, 1 year) as it sees fit. It then would review the case again. The commitee will not have the power to ask a student t:_ take a leave of absence or to expel any student. If this is their decision they will recommend to the Dean thatstich action be taken and give the reasons. This is a general proposal and it is understood that standards for election, guidelines for rec- ' 1. Exam 2. Class Preparedness Class Participation 4. Revelance to material in 3 participating. Explanation Under this system exams will still be marked anonymously. Before any grade is transferred to transcript the professor must go back and examine each student according to the criteria presented. He then has the option of raising the grade one graduation. This will place the responsibility on the student to get to knjw his professor. It places the responsibility on the professor to know his students. Lastly it puts a burden upon the students to be prepared, relevant and to participate, f according to precise points for each question. Rather he may assign the exam a symbol. Most feel that it is easier to determine if an exam paper is an honor or high pass rather than a 74 or 75. Also by placing an emphasis on total evaluation it professors aids those stuednts who preform well in class but do not do exceptional exam work. Since the professor cannot lower the grade it harms no one. - The obvious objections to this are that it is too subjective and thus a. personality contest, and secondly that it will promote excessive and irrelevant discussion in class. We do not agree. There must be reliance upon a professor's objectivity in grading. In a very few cases a non-deserving student may be helped. But surely the professor has expertise enough in his field to distinguish betwen a pertinent comment or discussion and one offered merely for the sake of hearing one's voice. Concerning ranking they all basically agreed that it is pres- ently a necessary evil. Due to U.B.s status, quality of student, and outside demand. One point that was offered was that it is beneficial in giving recognition to those finishing in the top of the class. All faculty interviewed were pleased with the student interest that has been generated and hope that some concrete proposals will result. IV Ranking Being on this system we are forced to mDve to a qualitypoint index system for ranking only. If we do not do this and continue to rank by cumulative averages as we ao now, then professors will be forced to grade exams as they have in the past and thus nothing is accomplished. We would merely have the same system glassed over with symbols. Keeping in mind that ranking is necessary we recommend: A. The top 10% of each class be posted and their exact position made available. This is important because many of these people will be seeking -highly competitive j'bs and will require such information. B. Everyone else will be ranked by quarters. L high 2nd quarter 2. 2nd quarter 3. high 3rd quarter 4. 3rd quarter 5. 4th quarter This will alleviate some of the inequity in being cut off close to the quarter above you. (continued on page 4) �April, 1969 The OPINION Legal Aid: 3 Bail Project A Light in the Dark By JOSEPH MORDINO In Full Swing "Your honor, the Society recommends that the accused be released in his parent's custody." These words (or a reasonable paraphrase depending on the situation) are the culmination of the work of the Pre-Trial Release Project of the John Howard So- The Neighborhood Legal Service Program of the Legal Aid Bureau of Buffalo opened the doors of its first office late in December of 1965. The program was designed to bring legal assistance into the ghetto areas where the only previous contact with the law had either been in criminal ciety. cases, or in civil cases involving consumer suits, whichusualThe purpose of the Project is ly ended up with a default judgment. to secure the release of indigent With the introduction of the during the summer to insure a prisoners who are Unable to make NLS program, people are begincontinuous supply of trained help. bail while awaiting disposition of ning to understand that there are When a student first starts in their case. no second class citizens under the the program, it is as an observer. Law. It is taking time, but little In the first week he learns that in The process begins with indiby little and case by case, they addition to being an attorney, vidual interviews of the prisoners are learning that there is some- one also has to be part sociologist, by UB Law students in either place to turn when confornted psychologist, clergyman," probathe City or County jails. From with a legal problem. tion officer, and family counsel- the information gained in the inEvery attorney and student who lor, among other things. While terview, the student makes a prehas worked in the program knows observing, the student works on piminary recommendation which expreswhat it is like to see the some of the endless paperwork may be one of five alternatives sion on a person's face when he that is necessary. He researches depending on the merits of the is told that he can be helped with problems, draws up complaints individual case: his legal problem; it is a very and answers, writes letters, sends (1) O.R.—Own Recognizance gratifying sight. out summons, petitions for adopThe prisoner should be reIn the first year of the pro- tion, change of name, and numerleased in his own custody existence, gram's the different ous other things. (2) Parent's Custody offices extended services to over Eventually the student gets (3) Reduced Bail 2500 people. Of this number, "his own" clients. This entails (4) Physical or Mental Examinapproximately one-half never had taking the facts from the client ation for prisoner any previous legal counselling. the in initial interview, and then (5) No Recommendation Now, for the first time they were conferring with the attorney as to The interview sheet is then put on an equal footing under a what procedures should be fol- given to another student who atlegal system whichheretofore had lowed. The student can suggest to verify the information been inaccessable In fact, one what he feels should be done, tempts given by the prisoner. This verioffice alone last year had over and is free to disagree with the fication is done with the exnew cases. attorney. 1100 If there is a basis for consent and Eligibility for theservice of the his suggestion, it is often fol- pressed prisoner. understandof the NLS is determined by comparing lowed, but in all cases the at- ingAfter verification, the final the applicant's income to that torney has the final say. necessary for the poverty level for Students are encouraged to fol- recommendation is made and attached to the interview sheet. his size family, as established by low up on all of their clients, seeThe final recommendation is then the OEO. Those below the poving the cases to their conclusion. made to the presiding magistrate erty level are retained as clients, Today this is possible due to the by a law student assigned to while those above or those with granting of a petition by the Ap- either City or County Court. fee producing cases are referred pellate Division which allows a It is at this final step the to counsel through the BarAssocisenior law student to appear in success of the process isthat deteration's Lawyer Reference Service. court and act as counsel in cerEach year the program has tain situations, as long as a qual- mined. Will the judge concur with the recommendation or will hired four law students to assist ified attorney is present. find it wanting in some subin the diferent offices. Last year, The NLS is a great benefit to he stantial degree? large, a legal aid clinic was established all; to the community at to Donald Alessi, According at the law school. This clinic to the ghetto resident, and to the senior UB Law student and Adsupplies students during each students fortunate enough to parministrator of the project and semester, and also runs a program ticiapte. hts assistant, Greg Stamm, the statistics have been encouraging. Out of 65 recommendations made, 49 have been accepted by City Court judges for a batting average of .753. A total of 196 prisoners were interviewed. Prior felonry convictions, violations of parole or probation, false stateBy NORMAN ALVY ments and commission of certain crimes of violence were given as Dr. Adolf Homburger, Professor of Civil Procedure and reasons for a failure to make a recommendation i n Land Transactions, will spend a six month sabbatical be- favorable ginning January, 1970 at the University of Florence, School these remaining cases. by the Giulinano University Law. He been invited to of has Mazzoni, Dean of the Faculty of Jurisprudence, and Professor Mauro Cappelletti, Director of the Institute of Comparative Law, to teach a seminar in Comparative Civil Pro- Summer Study Program Offered at Brussels By ROBERT KRENGEL The University of Buffalo Law mer a seminar in Taxation will be School will make it possible for included. The courses are all law students to earn credit while taught on the problem level, and escaping the confines of the cover broad issues common to Queen City. A four week summer American and Civil Law counprogram will be offered at the tries rather than substantive law. University of Brussels. The Brussels Program also — . Prof. Homburger to Take Sabbatical in Florence cedure. He will also serve as a consulto Professor Cappelletti, who tant is the Editor in Chief and one of the general reporters for the Procedure volume of the International Encyclopedia of Comparative Law. The encyclopedia is now in preparation under the auspices of the International Association of Legal Science which is an organization of UNESCO. Noted jurists from all over the world are involved in the project and Dr. Homburger will collaborate with Professor Cappelletti specifically on the Civil Procedure volCivil ume.'1 Presently Homburger is Chairman of the Advisory ComDr. mittee to the New York State Judicial Conference on Civil Procedure. The Conference is responsible for the state's administration of justice, including innoDr. Adolph Homburger vations in the Civil Practice Law and Rules. Recent changes in York Law. Professor BarNew statute Long Arm New York's of our Law under the bara Kulzer, formerlyextensive were recommended reFaculty, prepared an aegis of Dr. Homburger. The proarea for Dr. Homthis port in posed new legislation concerning burger'. modified committee. A and enforcement the recognition version will appear shortly in the of foreign judgments is the Com-to Buffalo Law Review. mittee's latest contribution Mr. Waelbroek of the University of Brussels hands certificate to Larry Golden during ceremony at the Statier-Hilton Dean William D. Hawkland announced that the program was so successful last summer that it will again operate this year. The group will leave by plane between July 1-3. It will return August 28. There is room for a maximum of 40 students, and it will be possible to have many expenses paid by the Law School, including the price of tickets and most living expenses while in Brussels. Dean Hawkland indicated that there were no limits on the group as of class standing. The Brussels Program itself will not start until August 4, af- fording students a full month to enjoy the sights of Europe. The program will run for four weeks, with classes taking 27 hours each week. Teaching will be in the morning so that afternoons are free. Strict attendance at all classes is expected. "The great advantage of this trip," said Dean Hawkland, "is that the class is evenly divided between American and foreign students. This provides us with a unique opportunity to meet foreign students." Last seeks to give faculty members a chance to gain knowledge of how European law deals with their subject areas. Residence halls are available. Married students are also invited to participate, and the Law School will pick up part of their expenses. for Residence apartments are also married couples available. Students who participated in last summer's program were recently awarded their certificates at a luncheon ceremony Statler Hilton. in the In addition to Dean Hawkland and other participating faculty members, Mr. M. Waelbroek of the University of Brussels was on hand for the ceremonies. Mr. Waelbroek stated that he was "pleased to be here and see the U.B. stuednts who made the program possible." In his opening re- marks, Dean Hawkland expressed the hope that the program will continue well into the future and become a tradition. The Dean also paid special tribute to Pro- fessor Thomas Buergenthal, who played an instrumental role in organizing the program. summer the curriculum consisted of seminars in Commercial Law, Civil Procedure, Trade Regulations, and Common Market and Comparative Law. This sum- Justice Brennan Will Speak at Graduation Civil Liberties Dockets Published A new annual book has just been published by the National Lawyers Guild. Entitled, Civil Liberties Docket 1967-68, it describes 1,523 cases pending in state and Federal courts throughout the country in which an issue The Graduation Committee announced that Mr. Justice was raised concerning civil libWilliam Brennan, Jr., Associate Justice of the United States, erties, due process of law, civil rights or the law of the poor. will be the guest speaker at the Honors, Awards, and Hooding Ceremony for the Faculty of Law and Jurisprudence to be held at Kleinhan's Music Hall on 31 May 1969. Mr. Justice Brennan also serves as chairman of the newlyestablished Board of Visitors to the law faculty. Alumni Association, The Rt. Rev. Plans for the graduation ceremonies and accompanying activi- Lauriston L. Scaife, Episcopal ties are not yet complete. The Bishop for the Diocese of Westcommittee will be -meeting with ern New York, and Dr. Frederick the senior class in the near fu- Burgomaster, senior oragnist at St. Paul's Cathedral in Buffalo. ture to discuss graduation. By order of the President of the University, with assent by the S.B.A. Board of Directors, all seniors will be required to attend the University graduation on June reason for this that the Juris Doctor degree is not officially conferred at the law ceremony, but is .conferred by President Meyerson the following day. Ist. The major requirement is Others expected to be participating in the law school ceremonies will be Justice Re i d Moule, President of the U.B. Law Desmond Moot Court Competition will take place on April 26 Because of its breadth of coverage it is an excellent research tool for law students, moot court briefs and law review comments or notes, The Docket suggests new approaches to affirmative litigation and defenses to criminal charges. It describes causes of rction against government officials, police departments, pri- vate employers, landlords and others for violations tional rights. of constitu- For each case reported the * Docket provides title, court where now pending and docket number, citations to reported opinions, a short chronological statement of facts, legal questions raised, names and addresses of counsel, amici. citations to law reviews and Congressional materials as well as other cross references. Civil Liberties Docket 1967-68 may be ordered from National Lawyers Guild Publications, Box 673, Berkeley, Calif. �The OPINION 4 Int'lLaw Essay Contest Exam Schedule FRESHMAN EXAMINATION SCHEDULE SECOND SEMESTER Date & Hour Wednesday. May 9:00 A.M. 1 4th - MAY Examination Environmental Mgt. Section #1 Section #2 Section #3 Torts Section A AG HZ Section B A-R S -Z Monday, May 1 9th 9:00 A.M. Contracts A-G Section A H-Z Section B A-R S-Z Wednesday, May 21 st 9:00A.M. Admin. Law Section A 'AG Procedure Section A Prud. #1 Prud. #2 Legal Process (continued from Page 2) #110EagleSt. to be made available. our findings this system would be highly acceptable. From Caveat: One must keep in mind that no grading or ranking system #110 Eagle St. .one will or totallyv accept#108 Eagle St. able beto perfect all. It is; however, important that meltable proposals as we believe this to be, are worPrud. # 1 thy of as much support as posPrud. #2 sible. These proposals are meant as guidelines for faculty action #108 Eagle St. and therefore in order to secure Philosophy of Law #110 Eagle Tuesday, May 13th 1:00 P.M. Contem. Prud. # 1 Int. Law St. 1 sth #110 Family Law Saturday, May 17th Sales Monday, May 19th 2:00 P.M. Labor Law Wednesday, May 21 st 1:00 P.M. Taxation AM N-Z 9:00A.M. Friday, May 23rd 1:00P.M. - Section A A Q R-Z Section B A L M Z Criminal Proc. Section A Section B 12th N.Y. A-Q 'A Practice Thursday, May 1 5th 9:00 A.M. Family Law Thursday, May 1 sth Estate Planning Saturday, May 17th Sales 9:00A.M. 9:00 A.M. Monday, May 19th 2:00 P.M. Labor Law Eagle St. - X L-Z AH J-Z Prud. #1 LEE MONDSHEIN The recent turmoil on the main was not without reper- campus #110 Eagle St. #108 Eagle St. action they must carry force. That force comes from your approval. That does not mean you totally agree nor thatother proposals are not welcomed. It only signifies a unity among students of all classes. A unity that may initiate great change. have demanded White Power!" For it's whites that hold the power and it's their power that must be taken—to share, not divide. Is Jesse Nash a Black nationalist? "Well, I don't think things have changed enough for me to be a white one." Perhaps the plainest statement made Was the simple lament: "All I want to be is a Man!" not a Black man. Actually, it seemed Mr. Nash was saying nothing new, or even very radical. All he says he wants is the double standard of being able to seduce your sister regardless of the amount of melanin in her body, while at the same time making damn sure you stay the hell away from his daughter. New Placement Director Sought No placement director has yet ben found to replace Dean George P. Smith, whose resignation is effective as of August 31. Dean Hawkland stated that he has been in contact with several sources, including the Judge Ad- vocate Staff of the U.S. Army. the laitter case, the Dean said that he is looking for a "nonmilitaristic" administrator, recenty retired from the army. The law school is looking for a full time placement administra- cussions here at the law school. Jarred out of its complacency, the law school managed to put forth tor, and it is not which students and faculty could exchange ideas and speak openly on the various problems confronting the law school. This easy to find qualified full time personnel. This is one of the reasons for consulting the Judge Advocate Staff. its own rather somewhat modified revolution. On Wednesday, March 5, a general meeting of the student body was called, and at its peak over 200 students were in attendance. At this meeting, nine proposals # 110 Eagle St. designed to give students an equal #108 Eagle St. share in running the law school were adopted. (The text of these proposals is no longer important Prud. # 1 since no one is opting for their Prud. #2 #1 10 Eagle R-Z 9:00A.M. Instead, what the people there received was a personal railing from a Black individual. After making it clear to the audience (but perhaps ignoring it himself) that he was speaking only for himself, Mr. Nash proceded to deride the white society in this country for not giving him "the equal opportunity to be superior." Thebase of the problem is that today man is not free to love every other person, man or woman, white or Black. This lack, we were told, is due to the fact that America is now moving from an Industrial to an Automated Society and in such a society the Black man, as such, is irrelevant. In briefly discussing incessant demands forBlack Power and enterprise, Mr. Nash said, "If Stokely Carmichael hadn't of been brain-washed he wouldn't have asked for Black Power; he would From Convocation to Committee— What Have We Gained? By Monday, May By SANDY MISELMAN "The following is not a news report. It is the writer's reflections on a lecture he attended with an open mind." In Monday, May 12th 1:00 P.M. Thursday, May 9:00 A.M. Model Cities Program t Reform Proposals #1 #2 Prud. # 1 Prud. #2 MR Jesse Nash and the Mr. Jesse Nash, Director of the Buffalo Model City Program, spoke at the Law School on Thursday, March 13. Ostensibly, his topic was "Equal Opportunity in an Urban All law student membersof the Society." Mr. Nash, seemingly a favoritewith some students A.B.A. are eligible to compete. here, spent the first half hour of his talk haltingly relating The first place award consists of anecdotes and bemoaning his lack of knowledge about the a $500 cash prize. The runner up suggested topic. In addition, Mr. Nash did not explain, as this will receive $300. writer hoped he would, just what the Model City Program majFfte essay asany on The is and what its goals are, if any. pect of international law. It must submitted in quadruplicate and #1 1 0 E»gle St. be cannot exceed 300 words. The #108 Eagle St. deadline for the submission of all entries is June 30, 1969. Prud. # 1 Prud. #2 For more information and an entry form, interested students should write to the Law Student Division of the A.8.A., 1155 East #110 Eagle St. 60th Street, Chicago, HI. 60637. #108 Eagle St. Prud. Prud. 1969 law students. A-R S-Z 12th Prud. #1 #108 Eagle St. AH IN (Plus 6 Jrs) Section B Monday, May 1:00 P.M. Room H-Z S-Z 9:00 A.M. contest. The purpose of the contest is to create a greater interest in international law among C. This is the *enly information Section B Friday, May 23rd sion A-R (Inc. 5 Jrs) #110 Eagle St. S-Z #108 Eagle St. Section #5 Friday, May 16th 9:00 A.M. The A.B.A. Law Student Diviis sponsoring the Henry C. Morris International Law Essay 1969 April, St. sepcific adoption any more.) In keeping with the 'revoluspirit', a cooperative fac#110 Eagle St. tionary ulty cancelled all classes for Fri#108 Eagle St. day in order to hold a faculty- student convocation to discuss the proposals. With the exception of the proposed adaption of a unicameral legislature, none of the proposals were specifically #108 Eagle St. discussed. Rather, the topic of #110 Eagle St. discussion concentrated on general complaints and problems the law students felt #108 Eagle St. which needed attention. One of the major problems discussed was the lack of communication between faculty and students. With the exception of two professors who felt that students Prud. # 1 were to blame due to their lack of interest and input into the various committees, most of those present did feel that a serious Eagle # 108 St. communication gap did exist. Other topics discussed included the areas of administration in which the students felt that they should share control and to what extent; inequities in the present grading system; and therole of the individual student in charting his own academic course. The atmosphere of the convocation was generally constructive. It provided a forum in. Prud. Prud. #1 #2 Support the Speakers Program — LISTEN! Students vote on one of the many proposals put forth at a student meeting type of forum did much to al- leviate tensions between faculty and students. But did it accomplish anything else? Admittedly, a joint faculty- student committee was established to study the ' problems with which we are faced, and it is required to report back at another convocation to be held in April. But in order for a proper study to be conducted, and proper solutions thought of and put into effect, much more time than a month will be needed. More than likely, our moment of concern, of 'revolutionary spirit', will die in committee. Exams will soon be upon us, and none but the few perennial activists will still be concerned enough to follow this through. Summer vacation will come, and of course nothing will be done. And so one class will graduate, another be admitted, and two more will still be oppressed by the numerous in- equities in the present system. Perhaps the present method of a committee study is the best, but what do we have in the interim? Nothing. We have gained no new powers or share of control in the government of this law school. Courses will still be added and others dropped without our having an equal say in the matter. Tenure may be awarded to teachers who cannot teach, and we are the ones to suffer. Policy decisions will be made, and of course, we will have only a minimal say in the matter. It is unfortunate that the student body alloweditself to quickly lose sight of its goals. The law school faculty is generally recep- tive to student requests, if they are pursued with the necessary spirit and enthusiasm. If nothing comes of our dabbling into the politics of reform, we, as students, have no one to blame but ourselves. � 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/4627fca19d781bb123929a3fff63acc8.pdf 645b0f07b4b0430271b0901dc5ed6028 PDF Text Text THE OPINION VOL. IX, NO. 4 Stat* University of New York at Buffalo, School of Law Brussels Cancels Summer Program By MAY, 1969 Referendum Held Today Emil Warchol Cancellation of this year's summer study program in Brussels and the reasons behind that move were formally announced last week by Dean William D. Hawkland More than 17 juniorsregistered to attend the four week session on international law at the UniEmll Warchol versity of Brussels. The group During a student-faculty convocation last March, claims for student power put the law was scheduled to depart by plane schoeol in jeopardy, soon it may be in crisis. For students today and Wednesday are casting July 1-3, enabling stuvotes on a series of between dents to spend nearly a month of recommendations hammered out by the Commission, measures which are intended generally to give stutouring the Continentbefore classdents a greater share in the decision and policy making apparatus at the law school. es opened on August 4. If the proposals are endorsed, then they will be submitted to the faculty for adoption. And faculty action on the proposals may be the crucial move in creating a crisis. Says Steve Auerbach, a member of the Commission and senior: "We have gone through the formal procedure and have exhausted the diplomatic channels. It will be up to the student to press these proposals next year. Auerbach, who was one of the leaders during the faculty and student confrontation last March, adds: "As it stands now, they (proposals) will have to go to the faculty who holds the veto power. Regardless of the faculty's power, Dean William D. Hawkland HAMMERING IT OUT—Junior Edwin Wolf, second from right, offers I don't think seriously they can his opinion on some of the recommendations formulated by the negate these recommendations." "I'm sorry about the whole Commission during a six hour long meeting held in the Prudential. Although the Commission thing," declared the dean in his Waiting their turns are. left. Professor Louis Laufer, Professor Wil- composed of five students and opening remarks before a gathJoyce. liam Greiner, Wolf, and Professor Kenneth five faculty members was to ering of those who planned to report back to a general convocaspend the summer abroad. tion, it decided against such acDean Hawkland placed full tion, saying there was insufficient blame on the University of Brustime to hold both a meeting and sels, saying they lacked both adereferendum. Classes end Wednes- quate funds and perhaps some day, May 7. enthusiasm. "It is our duty to suggest a set The program would have cost of proposals for a referendum. I the University of Buffalo an estimated $15,000 and another Presiding as judges at the final don't think we have time for anJuniors Richard Ascher and Richard Baron claimed victory as rounds were Howard Dawson, jus- other meeting," Jerold Yale, a $7,000 contributed by the Unithe winning team in the annual tice of the tax court and Louis Commission member and junior, versity of Brussels. Students participating in the program were Desmond Moot Court Competition Spector, commissioner of the asserted. many "I think would like some requested to pay part of the held recently. court of claims, both of WashingThe week-long series, sponsored ton, D.C., and Daniel Yorkey, a action before September," Pro- transportation expenses. by the Moot Court Board, is the Buffalo tax attorney and a for- fessor Kenneth Joyce said. The recommendations, a culselection process for next year's mer professor of taxation at Cormination of five separate hearings membership on the board. nell University Law School. During the awards banquet held over the last month, were formuOut of 13 law students entering by the Commission during the competition, Ascher was at the Park Lane Restaurant, Pro- alated six hour meeting held Thursnamed "best speaker." fessor Kenneth Joyce, faculty adday. The secondbest team was com- visor of the board, said: "The real Here in capsule form are the posed of William Shevlin and thing is the experience of students William Worthington. working out their own briefs and basic proposals: The "best brief" submitted was presenting their arguments. It Curriculum: No more than four Professor Josephine King will co-authored by Timothy Dwan gives a real feeling of importance courses or 14-credit hours per leave the faculty of U.B. Law semester in the freshman year. School at the end of this semesand Ernest Ferrillo. and responsibility." Junior James Tylock was preMembership on the board for A legal bibiography course should ter. She will be going to the sented the 'Red Baron" trophy, a next year will be announced at be offered to freshmen, including New York City area, where her matchbox. the end of the semester. Those formal lectures by the librarian, husband has accepted the chairDr. Mostecky, and a research projmanship of department of ect conducted under specially anesthesiologythe at Downstate Medtrained upperclassmen and facul- ical Center. ty members. By a divided vote, Professor King came to U.B. the Commission favors no requir- Law School as a student in 1962, ed courses in the junior and senbringing with her a fine acaior year, except two original re- demic background. She received search papers in seminars. Also, her A.B. from the University of a reduction in credit hours to Pennsylvania, an A.M. and Ph.D. meet requirements for a J.D. de- from Bryn Mawr. She was also gree were recommended. a member of Phi Beta Kappa. Communications: Students While at U.B. Law School, Proshould have voting power on all fessor King was Editor-in-Chief committees, except on theFaculty of the Buffalo Law Review. She Appointment and Tenure-Promo- was the Outstanding Law Gradution committees (advisory capaci- ate of 1965, and also received Legal Oratoy—Junior Richard Ascher presents his team's winning ty). A new commission should be senior awards in Procedure, Crimposition during the final round of the annual Desmond Moot Court created to determine the propor- inal Law, and Evidence. Competition. Ascher, who was named "Best Speaker," and his partner, tion of students on each commitProfessor King has primarily Richard Baron, won first place among It other contestants. William tee. Membership on committee taught freshman Torts and Civil Worthington, left, and William Shevlin placed second In the weekshould be through a committee of Procedure. She feels that "teachlong debates. the SBA. Committee agendas and ing freshmen is very interesting minutes should be reported. and challenging, and that this Personnel: Student evaluation year's class is particularly serious Winners of the semi-finals were: selected are permitted to drop James Tylock, Baron, Ascher, three credithours of course work of professors and courses should and determined." Dwan, Ferrullo, Worthington and each semester during their sen- be made by a professional statisProfessor King feels that there ior year. ticianat the expense of the school. has been a marked change in the Shevlin. Defeated in the first round of The board is in charge of the A Faculty-Student RelationsBoard atmosphere at the law school arguments were the teams of Freshmen Moot Court Program, (FSRB) with equal representation during the past few years. There Margaret Quinn and James Orand the Niagara and Regional of students and faculty should be is more give and take between faculty and students, and the created to hear grievances conlowski; Frank Tessyman and PatCompetitions. rick Rimar, and Howard Berman Senior members of the board cerning all areas of school activi- latter take more initiative in the ty. Donald classroom Epand Charles Foote. are: Ralph Boniello, discussions. Students Grading: There should be homtoday have more of a desire to The hypothetical tax case ar- pers, Michael Gallagher, Elbert gued by the law students dealt Hargesheimer 111, James Harring- ogenous groupings by past college take part in the decision-making with whether moneys received ton, Dennis Repka, Douglas Rowe and L.S.A.T. performance within process in regards to their educaby an employee for moving ex- and Joseph Spaeth. freshmen sections as is now done tion, and Prof. King feels that penses fromhis employer should The law school,represented by in both the senior and junior sec- this is very commendable. The be considered as income under Gallagher and Spaeth, was de- tions. An attempt to eliminatedis- recent faculty-student convocation section 61 of the Internal Rev- feated this year by the Albany parte grading should be made by was very beneficial to the entire enue Code. Students were re- Law School in the Regionals of the use of similar syllabus and law school community, demonquired at times to argue both the National.Moot Court Competiexaminations in the required strating the "concern and tolertion. ance of our community for a sides of the question. courses. The dean outlined three reasons for the cancellation: The University of Brussels had not contacted English speaking students in Europe about participa- by Asher, Baron Victorious In Desmond Competition — — tion in the program; The Univer- sity of Brussels had difficulty in acquiring moneys from schools in Belgium; The overall propor- tion of American program. students in the Hawkland made it clear, however, that the program would be offered next summer despite the cancellation. "It is a very fine program and many of our faculty have said that we must keep it alive," the dean said. Dean Hawkland suggested that he would attempt to give students who had registered this year a "first shot" into the program planned next summer, "because we grieviously defaulted this group." Yet he recognized that seniors would have some difficulty in attending the program because of the bar examination. 'The trip to Europe isn't that pleasant for seniors," the dean said. Dean Hawkland intimated that the cancellation was not objected to strongly by Him because the University of Buffalo would have had some difficulty in meeting an additional estimated share of expenses that was requested by the University of Brussels. "They did a terrible thing, but we think it was a good thing," he stated in reference to Law School's increased contribution in the program. But student reaction to the news was a different matter, Dean . (continued on page 4) Professor King Leaving Law School views," and that "neither students nor faculty represent polarized, antagonistic camps of monolithic positions." Prof. King feels that we should meet as a "town meeting" or "committeeof the whole" Professor King often enough to keep the channels of communication open and informal. Professor King's most memorable events here are her selection as Editor-in-Chief of Law Review, her invitation to join the faculty upon graduation, and her selection last month as Professor of the Year. As to her invitation to join the faculty, Professor King stated that she "will always remember with appreciation Dean Hawkand's confidence in me, his encouragement, and example as a teacher and administrator." Notwithstanding her numerous honors and achievements here. Prof. King's "most lasting impression of the past four years is that of my students, who helped make learning and teaching (which is another method of learning) an enjoyable experience." broad spectrum of individual �May, 1969 The OPINION 2 Letters-to-the-Editor Editorial Curriculum Change Due This semester is rapidly drawing to a close and most of us will soon be caught up in the pressures of exams. For seniors, however, the bar examination looms ominously close, more threatening than finals, and much more important. Seniors this year have a somewhat better chance of passing than previous classes, and this is due mainly to the institution of a Bar Review Course. It is, and always has been the belief of this newspaper, that measures such as a bar review course are at best, stopgap; they evade the real problem which is a misoriented and unrealistic curriculum. We do not advocate that every course be taught solely on the basis of existing New York law. Rather, the curriculum should contain a balance between "public" and "private" law courses, practice and theory. This law school has a twofold obligation to its students: preparing them to pass the bar exam, and to be competent attorneys. Contrary to sentiments exphessed by some faculty members, these obligations are not mutually exclusive. New York procedure is a must for every practicing attorney, and contains many dangerous pitfalls for the unwary and unlearned. The bar examination places a heavy emphasis on procedure in view of its overall importance. In spite of this, the law school only offers one three credit course in New York Practice to seniors which, timewise, is totally inadequate. As a result, much important material is either given cursory treatment, or not dealt with at all. We suggest that the course in New York Practice be extended to cover both semesters, each one worth theree credits, with an mphasis on the practical problems facing an attorney. Consequently, the freshman course in Civil Procedure should be restructured to prevent too much of an overlap, with more of an emphasis on theoretical aspects. Evidence is also another important course, both for the bar exam and practicing attorney. The present three credit course in Evidence is also totally inadequate, both in time alloted and course direction. It too should be extended to cover two semesters, with a better balance between theory and what one must know. Not every student plans to enter private practice. Some may desire to teach, others to go into government service, and still others may prefer a career in business rather than law. The academic needs of these students will vary accordance to their individual preferences. This multiplicity of interests should be recognized by a varied and well balanced curriculum, not ignored. In this respect, the senior curriculum, if one can be said to exist, is the most deficient and unimaginative. Criticizes Nash Report To the Editor: In the last issue of The Opinion, a young law student claimed that he attended a lecture on "Equal Opportunity in an Unfair Society" with what he described as an "open mind." The speaker, Mr. Jesse Nash, Director of the Buffalo Model City Program, also happened to be a black man. Mr. Meiselman, The Opinion writer who covered the lecture, noted thislatter characteristic, lamented it, and evidently became annoyed with it. The direct indictment that Mr. Nash made of the white-minded American society, based upon his own experience as a black man within that society, evidently struck a chord somewhere in the vast open spaces of Mr. Meiselman's mind. Unfortunately, this chord that reverberates throughout his review, has the ugly and ignorant tone of overt racial bigotry. To your correspondent then, one of the most respected thinkers and speakers in this area becomes a latter day black minstrel who stood on the stage "talking haltingly, relating anecdotes and bemoaning his lack of. knowledge." Since anything intellec- more subtle than an apparent "Ten Commandments on What Blacks Really Want" would tually fail to negotiate your writer's spaces, the incisive insights open concerning 'the problem" contained in Mr. Nash's harmless an- ecdotes were beyond his comprehension. Finally, in the first sentence of his paragraph, Mr. Meiselman hits the bottom of the vacuum that serves him as his open mind. Dragging out the most moth ridden but yet revered "bogeyman" of people of his ilk, he ends up his review of The present curriculum is in need of a complete overhaul, and this should be done as soon as possible. It should reflect and provide for student needs, not those of individual faculty members. Mr. Nash's remarks by concluding that Mr. Nash had said nothing new and that what he as all black men wanted from "equal opporiunty" was a chance to seduce or rape white sisters, while reserving the right to with the irrationalism and con"make damn sure you stay the traductions_of our society. We hell away from his black daughcan no longer permit the present ter." Even for your correspon- structure to talk about freedom dent's very open mind, the use of and yet violently suppress the this cliche in the context of Mr. National Liberation movement in Nash's lecture is so highly ludi- Vietnam, and the black liberacrous as to make one conclude tion movement at home. that Mr. Meiselman has taken leave of his open mind. Governor We can no longer passively sit Wallace and other shrewd obby while "our" government spends servers of the "Negro" have all $30 billion in Vietnam and fimade this same observation. So nances an ABM system while 22 join a long line of bigots on the millionpersons in our country are topic of "equal opportunity and classified as below the poverty what it means to the 'Negro.' " level and our cities are decaying. John L. Traylor and Dannye There is no longer a need to R. Holley expressing the view reform America: we want to of the Black American Law transform it into a beautiful society. The United States must Students at this university. support national liberation movements across the world, including the black movement at home. Wants a Beautiful Society We must end class distinctions and racism and equalize our soTo the Editor: cial order by abolishing property and money. We must establish a Due to the sterility in relation totally free society where all will to the student movement that is be able to develop themselves in a mark of our law school, this an environment complete freeof writer would like to pass on a dom. few thoughts that are never spoken in the classroom or broadcast And so you ask: Can we stop over the media. this? No. As Folksinger Phil says: "It doesn't take a seer The question must be asked: Ochs to see that the scene is coming Why the rejection of the Amerisoon." can Society? Jerry Levy, Youth The answer is that the students International Party of America can no longer live (Yippie!) Legal Aid Clinic Offers Experience To Law Students By JOEL WALTER Opened to junior and senior students, the Legal Aid Clinic offers perhaps the only practical legal experience students will graduating from the have before law school. Under the direction of James Manak, an alumnus of the law school and a candidate for a master's degree in criminal law, from Northern Law School, the clinic operates in conjunction with the Legal Aid Bureau, a federally subsidized program under the auspices of the Office of Economic Opportunity (OEA). The Professor Thomas Buergenthal survivor of that camp, being 11M: Human rights is not the only Legal Aid Bureau provides free Buergenlegal services to those unable to leave at in which Professor yeir taking by be a one the time of its liberation area will of absence from his academic duthe allies.) thal has written. He has a book retain private counsel in the Bufties at the law school, beginning American law students today due in August 1969, which is en- falo area. Students are required to work in September. He is going to have an increasing interest in in- titled "Law Making in the InterHarvard in order to complete a ternational human rights, and national Civil Aviation Organiza10 to 15 hours per week in casebook on the International Pro- Professor Buergenthal feels that tion." either of the three divisions of tection of Human Rights, which this is primarily the result of Legal Aid—the appeals division, he is co-authoring with Professor the Vietnam War. The war Professor Buergenthal received the public defender's office and has demonstrated the need to his B. A. from Bethany College the neighborhood offices. Louis Sohn of Harvard. Professors Buergenthal and protect the rights of an individ- in West Virginia, J. D. from In addtion to working in the Sohn have been working on the ual under international law when N. Y. U. where he was a Root- field, the students attend a weekcasebook for the past three years, the domestic law becomes inade- Tilden Scholar, and his LL.M. and ly seminar conducted by Mr. quate due to a nation's strong S.J.D. from Harvard. and the leave of absence will enManak. "The object of the class- Professor Buergenthal To Take Leave ofAbsence able them to get it ready for publication. While at Harvard, Professor Buergenthal does not plan to teach, but will participate in a few seminars. He is also Special Editor of the Symposium Issue of the American Journal of International Law, and plans to write some articles on the comparative problems arising out of human rights conventions. Professor Buergenthal has written extensively in the field of human rights, and as a result of his writings is the only American Member of the FrenchEnglish "Journal of International Law." He attributes his special interest in this field partially to his own 4% year incarceration in the infamous Nazi concentration camp at Auschwitz. (Professor Buergenthal is the youngest emotional and physical involvement in given policy. This is the position in which the U.S. finds itself today concerning issues related to Vietnam. The problem of protecting human rights in an "emotionally involved" country is even more acute where there is no independent judicial system. Professor Buergenthal does not feel that the world-wide protection of human rights is an unattainable goal. It is possible among developed nations, as the Common Market has demonstrated, but such protection will be more difficult to attain in the undeveloped ones. One must remember that it took the United States 150 years to start protecting these rights, and we have only begun to make decent advances since 1945, he said. THE P. Lee Mondshein Photography Editor: Douglas S. Cream Staff Robert Krengel Joel Walter Emil Warchol Sandy Meiselman Arthur Freedman Elbert S. Hargesheimer 111 Jean Holmes Norm Alvy Larry Shapiro Barry Commenting on student reaction to the program, Mr. Manak said: "Many students have informed me that the Clinic was perhaps the most rewarding course they have had in the law school" and added: "The purpose of the course is two-fold—to give practical experience to law students and at the same time, aid the proverty law program." Mr. Manak is currently the assistant editor of the National District Attorney's Association magagine, The Prosecutor, and authors a criminal law case abstract service for the publication. Work in the Appeals Division consists of researching legal problems and drafting appellate briefs. Junior Emil Warchol, who was assigned to the Appeals Division this semester, stated: "The process of researching and writing a brief that you know will be argued in either the Appellate Division or the Court of Appeals is a valuable educational experi- ence, especially when your briefs are checked by competent lawyers in the field." OPINION Editor-in-Chief: room," said Mr. Manak, is to provide a perspective and theoretical base for the experience received in the field and to give substantive law in the poverty area." Gassman The Opinion it published during the academic yeer by the students et the State University of New York at Buffalo, School of Law, 77 West Eegle Street, Buffalo, N. Y. 14202. Students in the Public Defenders's Office interview prisoners awaiting trial. The information gathered from such interviews form the basis of the client's defense when represented by an attorney appointed by the Public Defender's Office. The majority of students work in one of four Neighborhood Offices located in the Buffalo area. Attorneys manning the offices are assisted by students who interview clients and research cases Included among the work performed by students is the drafting of matrimonial complaints, answers, bills of parti(continued on page J) �The OPINION May, 1.69 3 First Symposium a Success Legal Aid page 2) Manak, will be expanded next proyear by permitting students in represent the program to interview prisonclients in court as a result of a ers at the Erie County Penitencourt erder from the New York tiary and handle their cases. Also, Appellate Division. senior students will represent inKurt Frazenburg, a senior, said mates at the Attica State Prison that he had benefitted from his in habeas corpus hearings. courtroom experience, because: The Cinic, in fact, took an ex"a practicing attorney is with pansive move this semester when you and you will be criticized on a "Reachout" office was opened jyour presentation. This experi- at 364 Genesee St., The office is ence is invaluable to a law stu- manned by law students every dent." night during the week and on The Clinic, according to Mr. Saturday mornings. Senior law students in the The prevalence of illegal abortions are an indication of the "inability of the criminal law to coerce men and women to obey the law," asserted Dr. Richard Miller, assistant professor of psychiatry, during a panel discussion on sex and law held recently on the main campus. The panel, "Symposium on Sex and the Law," was co-sponsored by the Student Bar Association and Phi Alpha Delta, the law school's legal fraternity. Members on the morning panel were Dr. Miller, Professor Herman Schwartz, Buffalo Law from (continued culars and bankruptcy petitions. By Jean Holmes The symposium featured two panels, one on the topic of "Abortion and the Law," held in the morning, and another on "Homosexuality and the Law" held during the afternoon. ... ished, he added. The doctor ar- that modified laws may fail because continued restrictions promote narrow interpretation, illegal fees for psychiatric approval, religious tension, and hairsplitting procedures to determine when an abortion is justified. Professor Schwartz said that if gued have to live with its shadow, Dr. Simon explained. He said their mental state is such that "if homosexuals are essentially paranoid, then the ones who aren't are crazy." to gram are permitted . j < "What causes homesexuaity is asked," said Mr. Gigeroff, and answered that attraction be.ween persons of the same sex commonly is a fact. However, the mere labeling of a person as a homosexual brings up reactions of fear, shame, hate and revulsion which even the educated and cultured may feel, Mr. Gigeroff said. He traced the history of homosexuality in the criminal law as it originated in England before being adopted in the United States. The term homosexuality does not appear directly in the penal law but is usually included the biblical reference) or as a under "sodomy" (developed from the biblical reference) or as a The panel on abortion wet pert of the Law Day Symposium: "crimeagainst nature" (per Black(Left to right) Herman Schwartz, Richard Miller, W. Howard Mann, stone). The disquieting thing, Mr. Gigeroff said, is that the terms end Robert Ryan. are open to all sorts of interpreSchool, and Professor Robert we are worried about life we tation. Byrne, Fordham School of Law. should worry about the "mothers The Symposium was the first Those on the afternoon panel who are risking their lives or P. Manak, right, director of the Legal of its kind. It delved into areas LEARNING THE ROPES—James were: Gilbert Cantor, member dying due to these laws." program at the law school, checks over a summons and of current relevance and interest Aid Clinic written of the Pennsylvania Bar, Alex by Senior Robert complaint Pierce. The Clinic offers superto the legal profession and our Gigeroff, a Canadian attorney He described an involved provised practical experience in the legal field to both junior and seniors. andresearcher in social pathology cedure which most women must society. at Clarke Institute, Toronto, and go through to obtain an illegal GRADING RANGES JUNIOR AND SENIOR ELECTIVES FIRST SEMESTER 1988 lHfl Dr. William Simon, a sociologist abortion, raising questions about Total psychological and physical effects at the Institute for Juvenile ReNumber [Failure) (Equlvalenl to D) (Equivalent to CI (Equivalent to B) (Equivalent to A) on these women. Another issue search, Chicago. 59 60 61 62 63 84 85 68 87 68 69 70 71 7Z 73 74 75 76 77 78 7960 61 82 B3 94 65 86 87 Graded During the morning session discussed was the effect on the Mr. Byrn, a member of the Govchild who is unwanted or de- Trade Reg,-Prof. Gifford 19 2 14 8 3 2 1 Junior ernor's Committee for abortion formed. law reform, defended existing 30 Professor Schwartz objected to 16 5 3 7 7 Senior labelling fetus law whichholds that the only perProfessor Byrn's missable abortion is to save a "a human being" with rights, Wills & Trusts-Prof. Joyce pointing out that the concept of 88 mother's life. 1 10 18 4 915 12 5 5 2 4 2 2 1 Junior He argued that the fetus is a fetus having legal rights arose 47 1311 37 11 227121 3 2 Senior a "human being from the time out of tort and property law in of conception," that such a fetus personal injury cases and the has "hunman rights"; and is "our transfer of these concepts to GRADING RANGES JUNIOR AND SENIOR ELECTIVES FIRST SEMESTER 1968 1969 most vulnerable minority." Pro- criminal law is questionable beTot_l fessor Byrn cited statistics from cause the presumptions are difNumber (Failure) (Equlvalenl to D) (Equivalent to CI (Equlvalenl to B) {Equivalent loA] 59 B0 61 B2 83 64 85 68 87 88 89 70 71 72 73 74 75 78 77 78 79 80 81 82 83 84 85 88 87 88 89 90 Graded Japan and Hungary, who have ferent. The consensus of opinion legalized abortion, showing a high ONLY rate of suicide among women. among the panel members was SENIOR 91610 28 6 5 4 85 9 Conflict of Laws-Prof. Franklin He said contraception differs ■that it is unfair to place on the Corporate Taxation from abortion in that the former medical profession both the bur12 1 23 111 21151 Prof. 213 an deciding get Del Cotto den of who shall is preventative and the latter is abortion and the onus of crim"murder." distinguish infan- inal blame. JUNIOR AND SENIOR "How do you The afternoon panel on homo- Future Interests Prof. Mugel z ticide and euthanasia from abor11 Junior tion?", queried Professor Byrn. sexuality was less controversial 13 2 13 Dr. Miller, a director of mental because the panelists argued for 2 2 12 Senior health in Buffalo, described abor- treating homosexuality as either tion laws as "arbitary cruelty." a medical problem or as a private Labor Law—Prof. Atleson 3 1 1 1 12 8 12 2 2 2 111 .28 junior It is estimated that there are privilege and not an area into 1 from 500,000 to one million abor- which the criminal law should 14 Senior 13 13 2 1111 enter. every tions in the United States Mr. Cantor suggested we should Land Transactions—Dr. Homburger year, legal and illegal, Dr. Miller 55 I3 62 17 9823112 Junior said, and added that the law is ask what causes heterosexuality. 55 53 no deterrent but serves to pro- Hereferred to the Quakers as dif2 7 8 514 3 5 3 6 21 1 Senlor religion Dr. their abortions. ferent because of mote blackmarket deviants. Legal Aid Clinic Mr. Manak Miller then attacked the modi- but none calls them laws 16 115 12 2 11 1 1 Junior confied laws (which permit an abor- Questioning the present that they 1 3 3 12 1 11 tion if the risk is high that the stitutionality, he argued Senior child will be born seriously de- invaded the right to privacy and formed—mentally or physically— lacked due process, saying that Legal Prob.s of Metro. Comm.-Prof. Kaplan 18 4 6 2 2 111 1 morality Junior or if the mother would have seri- such laws are based on 4 11 11 are Senior ous mental repercussions) passed and religion and that they "victimless crimes." Mr. Cantor by California,Colorado and MarySeutel N.1.L.-Prof. capriare 12 11 27 land as discriminatory. Some declared: "The laws 2 3 2 11 13 111 113 Junior 1 women cannot afford to pay a cious." 24 2 111 3 8 12 2 12 Senior The vast majority of homosexdoctor to declare them mentally conunfit, he said. Illegal abortions uals (80%) never have any they do with the law but in those states have not dimin- tact GRADING 1968 1969 . - - - - . — — - - JUNIOR AND SENIOR REQUIRED COURSES SBA Holds Awards Dinner The Student Bar Association held its annual awards dinner at the Cloisters, on Friday, April 18th. All SBA members, as well as Chairman of the various SBA committees were invited to attend. Aside from honoring those students who worked for the SBA during the past year, special plaques were given to departing seniors by SBA President Bill Neff, and last year's President, Herb Siegel. seniors who received plaques were John Segreti, E. Brownell Johnston, Lee Mondshein, Douglas Cream, Joseph Spaeth, Herb Siegel, Denis Scinta, Boden Harasym, and Arthur Freedman. Graduating '" Constitutional Law -- A -Prof. H Prof. Mann Newhouse Corporations A B Prof. Davidson Prof. Fleming Taxation A Prof. Del Cotto B-Prof. Joyce Evidence Prof. Frey i 1 2 2' 7 2 6 2 117 6 6 5 21 4 6 2 2 2 6 2 31 11 11 2. c 3 7 - RANGES FIRST SEMESTER (Feilurel | Fquivalenl to l)| Ikquivalenl to CI |Equivalent l" 59 00 61 B2 63 64 85 88 67 68 69 70 7172 73 74 75 70 77 78 79 HO HI I 8 •. 7 111 5 4 5 6 2 1 114 IH 4 4 h 4 H.n.?;11.2 9 !i 7 310 <i 3 3 80.2 3 4 6 501712 16 14 2 l;l 2 1 2 2 1 1 , ........ I- 1 1 1 1 1211 ,1 3 lo A] 82 83 84 8-186 67 88 iKflUhritalU 1 2 J 1 4 2 J 3 433 2 2 2 I 1 1 1 l Number Kraded H5 *' 56 an 6b 61 m &* �May, Th- OPINION 4 Special Interview: Dr. Vaclav Mostecky - Librarian with period. Dr. Mostecky holds tion procedures. Says Dr. Mostecky: "The service students and faculty now receive is inadequate and partially because of the fact that there are presently ten persons on a library staff which should have twenty." The current library budget set by the University is the prohibi- tive factor, Dr. Mostecky says. Even the thought of keeping the library open later than 11 p.m. during week days would be "extremely difficult due to the budget this year," he says. But there are some alternatives, Dr. Mostecky says. And he calls it: "internal tightening." the belief that a trained librarian is required at all times, In Dr. Mostecky is thinking about staggering the hours of the existing staff "so that we might have some regular staff working after 5 p.m." a Purpose commenting on library's state of tee, are formulating a letter setaffair, the goals of the library, ting forth the difficulties confronting the law school library. says: "We have ceased to build a research library, one that will The letter will be sent to Univerattract prominent legal educators sity President Martin Myerson. to the school. The director of the Professor Angus said his comlibrary at the university is dehad sent a letter last year ciding the future and budget of mittee Myerson concerning to our library and yet he doesn't thePresident staffing shortage but there know what the school's needs are was response to the corresno or its goals." pondence. Professor Angus agrees with Dr. Mostecky on the need for Dr. Mostecky's professional exadditional staffing. Says Professor Angus: "We periences include: law librarian at the University of Prague Law have always had a staffing prob- School; member in the Legal and lem. We've been after a night United Nations Division of the manager for a long time, a reForeign Service; Czechoslovakia sponsible person to give some dimember of the State Department rection to students needing help Press Office; inand Publications legal research." in structor of library science at Dr. Mostecky and Professor Catholic University, and was in Angus, along with Professors charge of international legal stuKochery and Buergenthal, all dies at Harvard University School members of the library commitof Law. By JOEL WALTER Dr. Vaclav Mostecky, newly appointed librarian, is a man well quaified to answer the need for changes in the structure and operations of the law school. Appointed last month, Dr. Mostecky fills the vacancy left open by Joseph Pascucci, who resigned in February. Associate Dean Wade Newhouse was acting librarian during the intermin an assortment of educational degrees—a J.D. from the University of Prague, an M.A. in public law from Columbia University and an M.A. in library science from Columbia University. He was formerly in charge of the Public Services and Publication Program at Harvard University. Among the problems requiring immediate attention, according to Dr. Mostecky, is the shortage of personnel, space and circula- 1969 Dr. Vaclav Mostecky was appointed librarian last month, and already has plans for improving the library. The new librarian, in addition, "pledged" that there would be an Assistant Librarian who would be available for student consultation, "hopefully by September." He adds: "I will always be available to anyone who wants anything. And there should be a great improvement in the many types of personalized services to the students in September." The lack of Dr. Mostecky space for books, says, is "beyond immediate repairs," humorously noting, that additional bookcases may cause the floor to collapse. Says Dr. Mostecky: "I will try this summer to select the books which I consider to be essential for a three year law program, move everything else back to storage and thereby relieve crowding and provide room for more books to be moved into here. This would take care of the spacing problem for the next two years." Commenting on the present cir- culation practices. Dr. Mostecky says there are "presently 3,000 overdue books." He adds that the library is now attempting to notify the book borrowers. "A student or faculty member," Dr. Mostecky says, "should be able to get any book within three days, whether we have the book on the shelves or not." But thereis a much largerproblem facing the law library than those mentioned already. Quite simply it's whether the university will a legal research library, as planned some years ago, or maintain a working library for the law school. Says Dr. Mostecky: "Because our library book budget has almost been cut in half from previous years, we are maintaining a 'holding operation,' waiting for a return to the original budget allocated for the library." Professor William Angus, member of the law library committee, Brussels Cancels (continued from page ... sentiments. Here are some of their com- 1) largely because of the predicaments: "I felt this would be the only ment they were left in as a result of the cancellation. time I could go to Europe, even Junior Warren Erickson re- though work would have been portedly sold a camper to finance beneficial for me, Junior Barry the trip to Europe. Webb said. "I'm glad it didn't buy one I just want my $25 Hawkland, Erickson stated: back," Junior'Stephen Lee said. may be off the hotspot, but not "It was a disappointing situame." tion which I would certainly don't know what we can do never like to see happen again, 'I about it; it is one of those things," SBA President Bill Neff. comthe dean replied. mented, and added: "I would have Junior Stuart Gartner lament- purchased a car within a few ed: "I myself have not looked days if I hadn't heard the news." Other students enrolled in the for a summer job because of the program. Would the school help program were: Charles Foote, us to find summer work through Richard Furman, Ralph Fusco, channels other than through the Lanny Horwitz, Jasen Karp, Sandra Kay, Alan Keiler, James Keyplacement office?" "I will do the best I can," the sa, Ernest Norman, Margaret responded. Quinn, Ronald Singer, and Jefdean Other students echoed similar frey Steinitz. Directing his comment to Dean "You (passport). ' SBA. PICNIC all where, welcome Saturday, May 24 RiedVs Grove 4685 SENECA STREET WHY: POST-EXAMINATION RECUPERATION WHAT: FREE FOOD BEER SOFTBALL & FOOTBALL GAMES — — � 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, 1969-05-01 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/eef97641b7517e9be4f876b491acdd81.pdf c9056373c8c8ef2ab1cc9e937bfee186 PDF Text Text SBA Holding Meeting on Commission Proposals Today Faculty response to the Joint Commission's proposals that were overwhelmingly endorsed by students last May and projected committee budgets highlighted the recent Student Bar Association (SBA) meeting. A general assembly is scheduled for today—l2:3o p.m. in Room 110—to explore further steps towards achieving the goals set by the Commission in light of the faculty's reaction. "The ball is back to the students on these proposals," a commission member, Professor Ken- commenting on the changes, "We don't want the recommendations to be dropped now," a stated: "The faculty did not incommission member, Senior Edtend to lighten the load of stuThe main thrust behind the win Wolf said, and added: "The dents. The intention was that we communications vehicle (FSRB) faculty's response was a suggesare going to demand just as much tion that the recommendations— is what we are most concerned as before but expect better ciass which were generally accepted about at this point in time." preparation, greater depth of stuwith the notable exception of perdent understanding of the mitting student participation in A revised curriculum was courses, better performances in the deliberations of the Tenure adopted by the faculty last May class and on the final examinaand Promotion Committee —be which embraced many of the tion." implemented by a continuing, Commision's proposals, having central body—a Faculty-Student the effect of removing three reIn terms of faculty opposition, Relations Board (FSRB) with quired courses in the second and they not only objected to student equal representation of students third years and reducing the numparticipation in the deliberations and faculty to hear grievances ber of hours for all years. of the Tenure and Promotions Committee but also opposed pubconcerning all areas of school activity. (See editorial, page 2.) Interim Dean William Angus, lication of student evaluations outside the law school while reserving judgment on publication inside the school and its ultimate use. neth Joyce said prior to ing. the meet- THE VOL. X, NO. V OPINION State University of New York at Buffalo, School of Law . "We regard our work as an experiment, one that will not set precedence in determining the relationship." "It is more of a team effort. This is prob." ably unique in legal education Reading both quoted statements readily are from they that conveys an impression the same person, about the same subject. Actually, the former was enunciated by Provost William D. Hawkland; the latter by Interim Dean William H. Angus. Each was interviewed separately, by different reporters, and yet it becomes apparent in that both share a special sense of purpose the top slots of the administrative hierarchy of the law school. Provost Hawkland, a noted author and authority in commercial law, officially assumed his currentposition last July, although he was performing a dual function as provost and dean since September, 1967. Professor Angus, an author of an administrative law casebook, became interim dean following Provost Hawkland's elevation and at the behest of the faculty. "I was made provost in 1967 but kept the deanship because we had the smallest of the faculties in the university system and it was felt that we did not need both," the provost says. "Yet there was something missing that namely, objective, was so very important unbiased reviewability of decisions." For example, when the dean of the school sets professors' salaries, ideally the provost would subject the salaries to review, requiring, at times, justificationby the dean. Referring to that hypothetical, Provost Hawkland says: "It became clear that there was a conflict of interest between the deanship and provost position. 1 don't think it's possible to be fair." Provost Hawkland is directly responsible — OCTOBER, 1969 the budgets are finalized at their original estimates, which is expected at the next SBA meeting following today's session. Committee budgets proposed were: Social (Senior Thomas Wojciechowski), $3,200; Orientation (Senior Timothy Dwan), $400; Athletics (Senior Kenneth Dia- mond), $300; Distinguished Visi- tors Forum (Senior Norman Alvy), $1,900; Graduation (Senior Stephen Perrello), $850; Convention, $1,000 and the Black Student Bar Association, $600. Senior SBA Representative Norman Alvy called for a financial report of the downstairs bookstore to determine whether "there was a feasibility of operating it on a non-profit basis." In other SBA business, out of a general budget of $9,500, various Alvy's demand was unanimousschool committees proposed ten- ly endorsed by the SBA after tative expenses for the upcoming Representative Timothy Dwan deyear. A balance of approximately clared: "We already got screwed $1,350 may still be available if this semester. I want action now." to University President Martin Meyerson, replacing the vice-presidents of academic, af- fairs, finance and research, who formerly acted as the liason between the dean of the law school and the university president. Interim Dean Angus described his status as "on of facilitating development of the school's re-organization pending the arrival of a permanent dean and not as one who is making authoritarian decisions." Reorganization of the law school's administration not only includes the addition of ,a provost, but also the chairman of the legal studies program (Professor William Greiner) and a co-ordinator for research and special projects (Professor Milton Kaplan). The chairman of the legal studies program is responsible for planning and initiating non-professional studies. This would in- clude: students within the faculties of the university taking courses in the law school; law students enrolled in courses outside the law school, and a three year program culminating in both a J.D. and Ph.D. degree. "This structure," Interim Dean Angus said, "puts research and special programs with one more person. "It is now more of a team effort. In a sense, we have de-centralized. This is probably unique in legal education, where usually the dean has been in charge of everything." While Dean Angus sees himself as a transient, since a permanent dean is expected be found within two years, he is weatherto ing his new position with enthusiasm. Says Dean Angus: "It's very exciting. 1 am an orchestrator endeavoring to facilitate all the parts so that we can work together under the new reorganization. My functions differ from a permanent dean in that we now have a chairman of the professional program division (Professor Louis Del Cotto) which is normally headed by the dean." �The 2 Editorial: Applause for Faculty Response To Commission Recommendations The law school faculty ought to be applauded for their prompt response to the series of recommendations formulated by the joint student-faculty commission and overwhelming endorsed by students last May. It is, indeed, heartening to sense that the faculty did consider seriously, and in some instances adopted, proposals largely inspired by students who had enough gumption to openly challenge the established ways—ways fondly sanctioned as binding precedence, despite conceded dissatisfaction. Verbal exchanges, occasionally bordering on the brim of personal insults, during the school-wide convocation left many doubt- ing the intentions of faculty members, which appeared to some observers as superficial acquiescense to student demands, that they were not about to consider real change, that they wanted to "burnout" the reformation attempt. What baffled many was the fact that here, in an ideal setting because of the intellectual talent grouped together, change could not be easily realized. Faculty members at almost every opportunity cautioned that it would take time to institute any change. Their outward reluctance perhaps was the spark to the fervor that marked the convocation. But subsequent events have proved otherwise. Much of the substance embraced in the Commission's proposal for a revised curriculum has been adoptedby the faculty—there is a reduction of hours and courses affecting all years of study. While it may be said that such revisions were in the making prior to the convocation, few can doubt the impetus generated towards creating a favorable faculty attitude that ultimately led to adoption of the new curriculum. Editorial: October, OPINION In the realm of grading standards and procedures, labelled so aptly during the final Commission hearing by Senior Edwin Wolf, as the "biggest bitch,' new attention is now being focused upon the problem by the Grading Committee. Their report is expected shortly. Hopefully greater accuracy and fairness can be achieved in such an important area. The only major disagreement is the refusal by the faculty to permit student participation in the deliberations of the Promotions and Tenure Committee, even though students would not have had a voting seat under the original proposal. Distrust of student competency and confidence surely underly this opposition. Theirposition is totally inconsistent to the point of irrationalism, because the faculty has agreed already to permit student representation, with voting power, on each committee in the school. The faculty must view the Promotions and Tenure Committee as a "sacred cow", untouchable by students. And it is here that students will fight, because they know they are right—they should have some say in deciding whether to keep or promote faculty members. The faculty recommends that students should serve in an advisory capacity, with without participating in the deliberations of the committee. Their foolish proposal deserves no further comment by me. Except for the "sacred cow", there is a meeting of the minds on most of the Commissions proposals. It is now up to both groups—students and faculty—to implement the desired ends through a central organization—the FacultyStuednt Relations Board. And it cannot be soon enough. - by EMIL WARCHOL Editor-in-Chief 1969 All Gods Are Dead By Jerry Levy It was a lazy summer morning so I picked up the "Voice" to review the selection of flicks and there on page 39 was "Kong" I brushed my teeth, "put a comb through my hair" and headed for the "D" train which took me to 4th Street and from there I walked across to Lexington Avenue where the Elgin theater is situated. The theater was stoned—packed. Somewhere in the flick, it's hard to remember, Kong appeared, "the monster" of the thirties but in 1969 he is our hero. Kong was making his own way, not hurting anybody—but along comes this white American hunter. All he sees in Kong is money and power. So he sends for 300 Chicago police who beat and gas Kong because he does not want to go. In New York Kong awakens to the oppression. Gaining courage and strength, he breaks loose and begins to fight for his freedom as we all must. .. "Fight on Kong" is yelled. In Miami and the Siege of Chicago, Norman Mailer quotes the Prince of Greed: "let everybody see that their dissent will soon be equal to their own blood; let them realize that the power is implacable, and will beat and crush and imprison and yet kill before it will ever relinquish the power. So let them see before their own eyes what it will cost to continue to mock us, defy us, and resist. "There are more millions behind us than behind them, more millions who wish to weed out, poison, gas, and obliterate every flower whose power they do not comprehend than fewer for their side who will view our brute determination and still be ready to resist. "There are more cowards alive than the brave." So they killed Kong, but not after he freed all of us. It was the same picture, Dick Nixon, but the kids are not. We are free and brave. From the Coast, Phil Ochs sings: "Thomas Paine and Jesse James are old friends and Robin Hood is riding on the road again. We were born in a revolution and we died in a wasted war ... So I pledge allegiance against the flag and for the fall for which it stands, I'll raise it if I can." A Time for Serious Reflection Student Bar Association Election The time is again Hearing when law Neff has worked tirelessly on behalf of the students will be called upon to elect repre- student body, participating on countless comsentatives and a president of the Stuednt Bar mittees, implementing new programs, and Association (SBA). No one should take this efficiently guiding the SBA representatives and committee chairmen. His leadership durresponsibility lightly. For the benefit of the Freshman Class, ing the past year comes as a welcome rethe SBA is the student governing body and prieve from the lackadaisical attitude of is composed of representatives from each previous administrations. class under the leadership of a president The opportunity and obligation belongs elected in his Junior year. Ostensibly, this to you, the student. Take the time to formgroup meets regularly to formulate and im- ulate opinions on the issues concerning the plement projects for the benefit of the stu- operation of the law school and demand exdent body. plicit statements from the candidates. UnIn the past, the SBA has provoked con- fortunately, the procedure in the past has siderable controversy due to what some stu- been for the candidates to present three mindents have considered an impropriety in the ute "speeches" and spew forth promises of management of funds, and a seemingly "bigger beer busts" to come. Certainly, a studied irresponsiveness to student views and more viable presentation and discussion of criticism. The time for concern is now, the issues should, and can, be instituted. rather than after the elections. A vital and efficient SBA is extremely imThere is a need to re-evaluate the internal portant. Due to its large budget and extenSBA structure. Specifically, the new SBA powers, the SBA is not to be equated to president must contendwith committee chair- sive high a school G.O. or college organization. men appointed by the outgoing president at the beginning of the academic year. The ef- As has been demonstrated during the current a functioning and fect that these "midnight" appointments administration, smoothly government is not only a might have on the new administration is ob- responsive student also, necessity, but a reality. vious. Also, under current practice, the repWith a new interaction between students resentatives elected by the Junior Class autoand faculty, what better way to promote and matically become Senior Class representatives the following year. Thus, the accepta- present the views of the student body than bility of the past performance of these reprethrough a competent and receptive SBA. The choice is yours. Make a wise one. sentatives cannot be decided at the polls. William Neff, the current SBA president, by JOEL WALTER deserves recognition for a job well-done. Mr. Associate Editor EXAMINATION RECUPERATION—Professor Kenneth Joyce, left, talks with a potential tax lawyer who is too young and too short to be seen here during the SBA picnic last may. Playing a supporting role in the interview is Professor Louis Del Cotto, right, another tax man. Both professors teach taxation at the law school. THE OPINION Editor-in-Chief: Emil Warchol Associate Editor: Joel Walter Staff: Marge Anderson, Rose Hamlin, Robert Krengel, Stephen Lee, Charles MeFaul, Jerold Yale. Columnist: Jerry Levy The Opinion Is published during the academic year by the students at the State University of New York at Buffalo, School of Law, 77 West Eagle Street, Buffalo, N. Y. 14202. �October, 1969 The OPIN lON Guest Speaker Blasts Political Institutions in American Cities A downstate assemblyman blasted existing political institutions as a major cause for the current urban crisis in the na- tion. As an example the results of direct primaries in New York City demonstrates that "this institu- tion has failed in its first major test", according to Albert Blumenthal, democratic state assem- blyman from Manhattan (west- side). His chidding remark was directed at the selection of Mario Angelo Procaccino (democrat) and John Marchi (conservative-republican) as this year's mayoral candidates. Mayor John Lindsay was defeated in last June's Republican primary and is running as an independent. Blumenthal, who holds both a bachelor and master of laws degree from New York University, said Procaccino "stands for everything I thought we threw out of the political organizations". He is supporting Mayor Lindsay's bid for re-election. Procaccino's picture appeared on the front cover in theOctober 3 issue of TIME, and was described as: "a defiant little man who claims to speak for the angry little people—by far the voting majority—who live and suffer in New York". TIME said Procaccino was selected as a backlash to Mayor Lindsay's "preoccupation" with the blacks and poor. 3 School Yearbook Revived By Charles MacFaul A law school yearbook is expected to be published this year first since 1963. Senior Margaret Quinn was of the —the cessful assimilation of minority groups into the political system, saying that blacks, who have doubled in population within the past decade and are expected to number more than 40 per cent in major cities by next year, are now seeking to usurp the "political pie" according to their own needs. Yet Negroes are confronted by a new group—the blue-collar, middle class who just recently succeeded from the city ghettos. "This new group has mastered the flag by playing the rules and are not about to change those rules," Blumenthal asserted. "All the ills that beset the City of New York," said Blumenthal, "beset all of us." Rising taxes and prices, inefficient services, strifetorn schools exist in both urban and suburban areas, he added. "It is not a question of who will get more of the pie; it is a question of what the American political system can produce to meet the needs of the urban and suburban areas." Blumenthal suggested that a coalition of people with common goals and purposes may be a solution, instead of maintaining the two party system to achieve social tapped as editor-in-chief 1970 annates. Although the full scope of the yearbook's coverage has not been determined precisely, Editor Quinn says the book will consist of 56 pages of law school activity from September to the middle of March. The issue should be in the hands of departing seniors prior to graduation ceremonies in June, said. Mrs. Quinn, a former student bar association representative, Editor Quinn said she is still seeking additional student help "if they would be willing to participate in the yearbook's revival." Seniors, according to Mrs. Quinn, must pay $1.50 to cover the cost for a class composite photograph that will also be used in the year book. Research Fellowships Awarded to Students By Rose Hamlin Twenty-three Juniors and Seniors were granted research fellowships recently. of nominations by individual faculty members." the basis This year the committee awarded $100 fellowships to students The Graduate School of the who will engage in faculty sponuniverstiy allocated $3,000 to the sored research activities. Each Faculty of Law and Jurisprud- student will decide with his facence for special research pro- ulty sponsor the type of research jects. A fellowship grant from in which he will engage during these funds ordinarily carries a the academic year. waiverof student tuitionfor each Those selected are: Richard semester. Salsberg, Gregg Stamm, Murry The responsibility for deter- Grashow, David Manch, Paul Gimining the amount of the award anelli, Stuart Gartner, Susan Levand requirements has been deleenberg, Thomas Casey, Warren gated to the coordinator of the Bader, Stephen Perrello, Frank committee on research and Valenti, Grace Blumberg, Abe special programs. Abramousky, Joseph Silverman, Peter Bush, Salvatore Latona, Professor Milton Kaplan, chairman of the committee, said: "The Kenneth Berman, Richard Weiss, Stephen Lee, Jean Holmes, Eli committee has laid down guidelines for awarding fellowships to Schmukler, Geral Morreale and law students. Grants are made on William Mitchell. will be is the pher. yearbook staff photogra- Staffers of the yearbook include: Richard Salsbreg, assistanteditor and treasurer; Sandy Kay and Stephen Perrello, layout-editors; Stephen Lee, advertisingeditor and Joseph Farber, general staff. Katz Added to Faculty By Marge Anderson The addition of Al Katz, devotee of criminal and constitutional law, to the faculty as an assistant professor is the sole crisis of the American political ends. new appointment made for the fall term. institution, and we are in the Pointing to the candidacy of Mr. Katz comes to the Law midst of a political revolution. While it may not mean blood Nixon and Humphrey in the 1968 School from the American Bar presidential race and their prob- Foundation, the research branch in the streets, it does mean vioable selection of Supreme Court of the American Bar Association, lent change." members, Blumenthal said: "I He worked for the Foundation He traced the apparently suedon't think liberals had a right from 1967 until 1969. After comto turn off. They should have pleting undergraduate work at made a decision, because others Temple University, Mr. Katz redid." ceived his J.D. and L.L.M. from the University of California at Blumenthal, in a question-andBerkeley. answer session following his reWhile attending law school, he marks on the topic of "Urban Critwo summers in sis", slammed the quota proposals worked for as part of the Law Louisiana advocated to insure that blacks Civil Rights Research are hired in the construction in- Students Council and was on the National dustry. Board of Directors of the Council "I don't think quotas will solve in 1965-66. the problem. The solution is to The new faculty member's inopen jobs by bringing down the terest in civil liberties is evidenced by his work in the field bars in the trade unions." of obscenity, having written such He said that if Governor Rockeas "Free Discussion v. feller enforced the Civil Rights articles Legally Relevant Final laws, unions could not discrimin- Moral Decision: and Artistic Controversy in ate. Blumenthal is a member of the Tropic of Cancer Trials" and the Civil Rights Committee of the Board of the New York Civil Liberties Union. "If we can't bring down the bars," said Blumenthal, "then we may have to bring anti-trust acA MOMENT OF RELAXATION—Over a cup of coffee in the student lounge, Albert Blumenthal, a New York State assemblyman repretion against them," cautiously adding: "It is one step I would not senting the westside of Manhattan, discusses the current political like to see." crisis in modern cities with Seniors Norman Alvy, left, and William Dixon. Blumenthal's appearance was sponsored by the Distinguished Blumenthal's appearance was Visitors Forum, a committee of the SBA. sponsored by the Distinguished Visitor's Forum, an auxiilary of the Student Bar Association. Speaking before a group of law students recently, Blumenthal declared: "The urban crisis is a General photography handled through the facilities of Hengerer's, a local department store. Senior Frank Tesseyman "Privacy and Pornography: Stanley v. Georgia." Mr. Katz currently teaches Evidence and will teachFederal Jurisdiction next semester. Promotions among faculty members resulted in one new associate professor and four full professors. Paul Goldstein, who teaches Property and Land Transactions—the latter shared with Professors Homburger and Greiner—assumes the title of associate professor. Newly promoted to full professor are James Atleson, William Greiner, Kenneth Joyce and Robert Reis. Prof. Atleson teaches Labor Law and a seminar on Internal Union Affairs. Prof. Greiner instructs Land Transactions and Building Systems Design, a course in the Legal Studies Pro- gram taught mainly to students in architecture and engineering. Prof. Reis conducts courses in Property and Land Use Controls. Other changes among the faculty include the return of Prof. Herman Schwartz from a year in Michigan. He teaches Criminal Law and a seminar on Conspiracy and the First Amendment. Want to Publish? Every newspaper is more than pictures and printer's ink. It is typewriters, sore feet, countless cigarettes, rotten tempers, deadlines, telephone calls, bull sessions and cold hamburgers. The Opinion is all this, plus the added ingredient of class schedules, briefs and exams. Like almost every school rag, it is published by a small group of frustrated journalists, dreamers, unpublished writers, soap-boxreformers and insomniacs. There are no special qualifications for a position here, except the urge to put out a newspaper and perhaps a special form of insanity. If this is your bag, it'll be a good trip. —Emil Warchol Editor-in-Chief THE GOOD, THE BAD, AND THE UGLY—Posing in natty attire at last spring's SBA picnic ere Joel Walter (left), Jeff White, and Jerry Yale. Young maiden below prepares to photograph photographer. Besides posing, other activities included seftball, touch football, eating, and beer drinking. �The October, OPINION 1969 4 Chief Editor Tohill Predicts Bright Future for Law Review by Stephen Lee Law Review in in the mood for change. And it shows. In comparison to the output of last year's staff which published Freshman Profile:- Changing Each Year Entering Students only one edition, this year's Review expects to publish three of its own editions (volume 19-1, 19-2,and 19-3), and has also printed edition 18-2 from last year. Edition 18-3 is presently at the printer. This output adds up to an unprecedented five editions for the 1969-70 school year. During the past year the Review offices have been completely renovated with a view towards efficiency. Editor-in-Chief Anthony Tohill said that the physical changes in the offices were "the result of the tremendous cooperation that MANUSCRIPT—Anthony Tohill, left, editor-in-chief of the Law Review, and Robert Keller, articles and book review editor, examine pending articles for the upcoming edition. Editor Tohill worked full time during the past summer, preparing assignments and editing last year's manuscripts teft by graduating seniors. REVIEWING Newhouse has shown the Review." Another sourse of pride for the staff members comes from the knowledge that they have regain-1 ed a great amount of respect from the faculty which had been lost by their predecessors, Tohill said and added "we can now look foward to a convocation between Law Review and the faculty through which a harmony of ideas and friendly rapport will be esEDITOR AT WORK—Notes and tablished." » Comments Editor Theodore Tohill attributes-much of this Kantor researches a point of law. 'improved methnecessary into year's staff an Such research is to sure the substantive accuracy of od of solicitation of manuscripts. all works published by the Law "In the past," according to Mr. Review. Tohill, "the Law Review staff Dean waited for unsolicited manuscripts to be sent to them and invariably published the few materials that were sent without regard to revision or criticism." Instead, this past spring, the staff mailed over one hundred and twenty letters to prominent authors. Ninty-four of these letters were answered. As for the future, Mr. Tohill hopes to create a tradition within the Law Review that will eventually make it rank among the best. He is confidently looking foward to four editions next year and eventually desires to have seniors write articles for the Review. York area. The balance are from metropolitan Buffalo and New By ROBERT KRENGEL Statistics gathered about the student at the law school indicate that although woefully short of feminine companionship in the classroom, the 462 male students make up for their loneliness when they go home at night. Erie County. Interim Dean William Angus is this year's enter- optimist about ing class. "This should be the best class we have ever had," he said and added: "The minimum admission standards were lower last year. Also we have the highest LSAT average we have ever had." Even with re-enforcements from the freshman class, only 20 women are willing to ventureinto the Eagle Street hovel each day. STANDARDS HIGHER On the brighter side, 119 students are married, representing The median LSAT score and almost one-quarter of the total college average for the freshman 482 enrollment. class is still unavailable at press to Registrar time, These and similar mundane Dean. according matters are now available, having been dutifully compiled by the A glance at figures listed in a law school's registrar, Mrs. Mar- report of the provost indicates ion Dean. that admission standards are increasing with each new class. large a The class sizes show attrition after the freshman year. The median LSAT score for This year's senior class numbers the senior class, who entered in a mere 109, representing a more 197, was 527 as compared to a drop since their per cent than 55 533 scored by juniors, first year. The juniors number median in 1968. Remarkably who entered although they currently, 132 year's graduating class enlast started out with more than 200. tered with the highest LSAT medThe largest group in the ian score in the law school's hisschool's population in the 241 tory—at least to date, since there freshmen who entered this Sep- are no figures available on the freshman class. The Class of tember. Selected from 969 appli1969 entered with a median 547. cants, they represent 69 colleges and universities, including 10 colNonetheless, credentialsaccordleges within the New York State ing to LSAT scores are somewhat University system. misleading. Admission is based on college achievement also. The law school continues to be dominated by stuednts from New Though the Class of 199 enYork State. Only 17 freshmen tered with the highest LSAT avcome from other states, while 123 erage, achieved a 2.55 median come from outside the Western collegeitaverage (4.0 basis) while this year's senior class entered iwth a 2.2 average. The junior calss entered in 1968 with a 2.66 median college average, the highest to date. New Placement Director: Them that has gets.. by Marge Anderson "I don't know if we really have a placement office; if so, I'm the head of it." With this somewhat In his short term as placement officer, the assistant dean has made use of the placement bulletin board for announcements concerning law firms desiring nebulous description of one of resumes and open judicial clerkhis new administrative roles, and ships. He has also conducted the admission that the place- individual interviews with third year students. At theseinterviews ment office cannot really "place" anybody, Assistant Dean Lance students are requested to fill out Tibbies describes the functions cards containing pertinent inof this ofice. formation as to their backgrounds and in areas of interest. These He indicated that the primary cards are then kept on file for function of the placement office reference by the placement ofis to operate as a "clearinghouse fice. plus" because it puts law firms and governmental agencies in The bulletin board and the intouch with students, and "plus" terviews are the two avenues of because the placement officer can access to the placement service locate firms and agencies that that are available to the student. may not otherwise recruit stuCommenting on the problem dents from Buffalo. that the five year old placement Elaborating on the "plus" asservice has encountered, Dean pect, Dean Tibbies reported that Tibbies mentioned the lack of he uses "traditional gimmicks necessary funds for the operation that educational institutes need of a complete service, especially to get their foot in the door." for traveling expenses. Traveling For example, he said, it is easier funds are considered essential, for a law professor to contact a for "if we had money we could judge concerning a clerkship than send the placement officer to New York and other places to for a student to do so. hustle big firms" However, with The "clearinghouse" operates the present budget, we can't even by setting up interviews here cover New York State adequately, Dean Tibbies explained. He inwith large firms and governmental agencies which desire large dicated that the former placement officer had more funds but, numbers of graduates. These interviews—extending through the because of a "cut on all state year but primarily in the fall— Universities across the board," involve seinor students almost there is no travel money availexclusively. Second year students able to him. may be interviewed at the end of the year for summer clerkA second problem that faces ships, but a freshman student, Dean Tibbies is one of time.Since if he intends to get any clerk there are only the administrative ship,"has to hustle his own tail positions of the dean and assistto get it," according to Dean ant dean—the associate dean posTibbies. ition no longer exists this year, Dean Tibbies must combine placement, recruitment, and other ad- ministrative tasks. Concerning the charge that the placement office only helpsMhose who are in the top of the class, Dean Tibbies admitted that its valid to a certain extent. "Firms and government agencies who recruit will be shooting for top students—you don't have to spend money to get lower students. But it is not true that there are no jobs for students in the bottom half of the class. These students must go out and get the jobs themselves; the placement office can't We can run down down some opportunities, but the student who is in the lower half of the class must work harder to get a job." Commenting on future plans, Dean Tibbies is "not going to do anything particularly different." He indicated that more emphasis is being placed on placement, especially since become part of the the school State has Uni- PROBATION HIGHER If probation and dropout figures are an indication of which class has been most successful, the Class of 1969 takes the prize. Only eight were dropped for academic reasons, after 35 went on probation in their first semester and 57 in their second semester. versity system. "The law school is trying to maintain a better reputation and become more state On the other hand, and this and nationally oriented." But by his own admission, may be due to the increased en- "them that has gets," and right now the state university of New York at Buffalo Law School does not "have." rollment, 19 of those in the entering class of 1967 were dropped; 43 went on probation in their first semester and 67 in their second semester. Enrollment in 1966was 155 as compared to 262 in 1967. Out of less than 225 students who entered in 1968, 15 were dropped at the end of their first year, after 41 went on probation in the first semester and 70 in the second semester. The geographic complexion of the student entering in 1967 shows that nearly 57 per cent are from areas outside Western New York. About one-fifth of those were UB graduates. Of those entering in 1968, 48 cent are estimated to have come from areas outside Western LOOKING FOR WORK—Senior James Orlowskl scans the place- New York while 23 per cent gradment board in hopes of finding a job through the services of law uated from the university here. school's Placement Office. Notices of potential employment from Slightly more than 55 per cent law firms across the country and in the Buffalo area -are posted as they are received by Dean Lance Tibbies, head of the Placement of this year's freshman class are not from WesternNew York. Office. per � 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, 1969-10-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 10 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/1969 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/0ff68d2ef9180c0fd89a771af00d7321.pdf bc753a3b33d8f1901e6670201a7f7f7c PDF Text Text V°U See V K10. Z. special centerfnlrl pictorial essay Students Give Peace a Chance in Nation's Capitol It came in with a whimper and left with a bang. That's the only way to describe the three-day Washington protest against the war in Vietnam. Beginning with a single, youthful protestor who trudged 4.2 miles from Arlington National Cemetery, turned right toward the White Houseand read the name of an American soldier killed in the war, it ended with a quarter million persons marching in the streets of the Capitol. And Buffalo law students were there. Seniors Norman Alvy, Thomas Casey and James Balcercak (who was drafted during the summer and is now stationed in Washington) were among the first to participate in the "March Against Death," which began early Thursday evening. *i just had to doit, although it was a hell of a cold, damp walk," Alvy said. Shortly before the march ended on Saturday, in a cold, dusk-filled morning at 6:30, Junior Richard Rosche and Seniors James Keysa, Theodore Kantor and Emil Warchol represented some of New York's dead. "It was cold at first, but when I walked passed the White House 1 knew it was worthit," Keysa said. After the Buffalo group ended their silent, single-file march at the Capitol, they dropped the names they carried intoa wooden coffin. A Washington entrepreneur, who set up a stand nearby, charged them 25 cents for coffee without sugar and SO cents for a hotdog. "Even though I hate coffee," Rosche said, "it tasted good because I was so cold." When a mini-riot erupted in DuPont Circle near the South Vietnamese Embassy, law students were on the scene, and some were overcome by stinging, choking tear gas. Protesters led by SDS, and its violence-prone factions the Weathermen, Yippies, Crazies and Mad Dogs, smashed windows and attacked police before police reacted with tear gas. Senior William Dixon, who observed the incident first hand, said: "The police acted very, very restrained under the pressure. If they had been the Chicago police, there would have been a lot of heads busted." Only 12 persons were arrested on disorderly - The OPINION State University of New York at Buffalo, Schoolof Law conduct, police said. - Dixon fled from the scene followed by more than 4000 others when police fired a volley of tear gas canisters into the crowd of mostly innocent observers. He saw a gas canisterland next to Casey and Alvy. "I couldn't move," Casey said, "All I could remember was that a man was carrying me out of the circle." Both Alvy and Casey repeatedly returned to the circle to aid those overcome by tear gas. Associate Editors Marge Anderson and Joel Walter were there too. (See complete story on this page.) Senior Jerold Yale, who was about to enter the circle, was driven back by the gas. "This is what will be in the newspapers, instead of what is really happening here the peace effort," he said shortly after the incident. Law students were once again on the scene when more than 250,000 persons marched up Pennsylvania Avenue to show their sentiment against the war. Weathering a biting wind and temperatures in the 30s, they acted as legal observers for the New Mo b i lization Committee (MOBE). If trouble broke out they were to request from the arresting officer the names of those apprehended, location of - - —continued on page 4— Park Demonstration Turns into Violence Seniors Thomas Casey and Norman Alvy were hit by tear gas. Moot Court Loses Regional Contest by Robert Krengel "It didn't make any sense," Senior Richard Ascher said after learning that the Moot Court team lost the firstround of theregional competition held in Albany last week. Ashcer said: "It was quite clear from everyone that our's was the .best brief." Buffalo lost out to Syracuse, with Albany taking the regional honors. Professor Kenneth Joyce, fauclty advisor, is requesting that the Moot Court team write a memorandum of all that happened at the regional so that it can be forwarded to the faculty, where it will be used to consider whether Buffalo should withdraw from future competition. Joyce said the judges grading the program were "dismally unf am iliar with the problem The case involves students who demonstrated their opposition to the war by passing out leaflets ourside a church. They were arrested and convicted for disorderly conduct. Subsequently the University, acting under state statute, expelled the students and terminated their scholarships. The state University of Buffalo team argued the position of the Upon their arrival to the perimeter of DuPont Circle, a park located in the Embassy row area of Washington, they were warned by Senior WilliamDixon to "Stay the hell out of there." A rally was beginning, with more than 4000 protesters and observers in the park. The city of Washington had issued a permit for the demonstration, but when informed that the group planned to march on the South Vietnamese embassy,police expressly prohibited suchaction. After rallying in the park the crowd began to surge in the three blocks away. Helmeted police direction of the embassy quickly cordoned off a one block area around the building to insure that the crowd would not reach their objective. The demonstrators marched down Massachusetts Avenue in Waves some carrying Vietcong flags and chanting "Ho, Ho, Ho Chi Minh, NLF is gonna win." They were stopped at a police line and both groups were unsure about each others' next move. Police then ordered the crowd to disperse and when it became evident they would not leave, tear gas canisters were firedinto the air. The first line of demonstrators started throwing objects at the police. "There were only a handful doing any damage," Dixon said. Alvy and Casey met Dixon as the crowd was fleeing toward the oral argument was an extremely valuable experience for us." A1 though the Faculty was permitted to give general advice, the specific work had to be done by the students. Professor Kenneth Joyce, faculty advisor for the team, aided the team in shaping their arguments. Other advisors who helped were Professors W. Howard Mann, University. Jacob D. Hyman and American Preparation for the Civil Liberties Union attorney Ed competition began the first week Koren. of September. "I think we gained Other members of the Moot the ability to do legal research," Court Board are Seniors Ernie park. said team member Ascher. Ferullo, chairman. Ken Berman, "Learning to analyze a case and Tim Dwan, Jim Tylock and Bill then to bring out your research in Worthington. - - continued on page S- School Interviews Ebb For Deanship agrued." Lawrence F. Ebb, chief counsel Representatives of CornellLaw School, who placed second, said of General Electric Corporation's they would send a letter of Overseas Subsidiaries was on with Professor Kenneth Davidson, who teaches at the law school here. Before joining GE as its top protest to the State Bar campus last week to discuss the Associationand seek a revision of possibilities of accepting the counsel for internationalaffairs in 1964, he was a full professor at grading procedures. Joyce said deanship of the law school. Stanford University School of Cornell is protesting the fact that Arriving yesterday, Ebb met Law, heading its international "anybody other than Buffalo" should not have taken the top with students and faculty legal studies program. members of the Appointments Ebb, who served in the Office honors. The two members of the team Committee and was escourted of the General Counsel for U.S. Foreign Agencies, earnedhis A.B. Eagle around the Street faculties. are Richard Ascher and William degree, suma cum laude, from Shevlin. The team was selected He will leave tomorrow. University; a master's of noted scholar Harvard Ebb, in after the school's moot court a ESCAPING TEAR QAS Demonstrators flee from a Barrage of tear competition last spring which was International Legal Studies, arts from Harvard's Graduate gas fired by Washington police into DuPont Circle. Marcher in center won by Ascher and Richard co-authored an article entitled Schoolof Arts and Sciencesanda bears the Vietcongflag. "Taxation of Foreign Income" L.L.8., magna cum laude Baron. - �And So the Cop Killed the Artist EDITORIAL: University Advocate Concept Offers Imaginative Challenge He ran a half-page advertisement in the or prosecute students or any others within the Specturm recently, which declared boldly: 'The university community. Hypothetically then, Mr. Fleming could Advocate is pledged to protect the rights of every individual within the University Community. Any prosecute the cause of students who are demanding member of the Community who feelshis rights have changes in admissions policy of the medicalschool been violated is welcome to contact him for and its contribution of $400,000 to Project Themis. Conversely he could decide to defend the medical assistance." What underlies those succinct sentences is school'sstandards of administrative judgment. perhaps the most imaginative undertaking by a Without passing a plus or minus evaluation, let's university tocope with the problems sokeenly made also examine the alternatives, and their campus past years. corresponding on the few Thecreation effects, that were open to Mr. apparent of the University Advocate Office comes in response Fleming after the destruction of the ROTC office on to the many students and faculty who are vigorously Oct. 15. challenging the ivory tower posture ofthe university, Because of his reputable standing in the Buffalo and who are, at times, forcibly seeking change by community, he might have assured local police that disruption and outright intimidation. And no doubt those involved in the vandalism (some term it a universities across the country will be observing reflection of protest) would be disciplined by the carefully the outcome here. university, by such means as suspension and Few, I suspect, are aware of the Advocate's restitution. It could have been a family affair,where impact within and without the university; fewer are students involved would not have to chance the aware of the great discretion thathas been delegated possibility of facing criminal charges in City Court. Yet such a handling of the incident might have in determining that impact. According to a memorandum issued by Acting caused further campus disruption, putting the President Regan, Robert Fleming, head of the legitimacy of the university and its adjudicatory University Advocate's Office, who is a law professor system in jeopardy. here and who has served as an advisor to the Instead Mr. Fleming decided to turn over the University on campus disorder, was given broad fruitsof his investigation to District Attorney Dillon. discretion to initiate, on hisown or on the complaint If DA Dillon acts upon the data furnished by Mr. of any member, proceedings within the university Fleming, then some students may earn criminal for the adjudication or enforcement of University records. rules of conduct or standards of administrative But even though Mr. Dillon may decide not to judgement. He may act as "prosecuting attorney or prosecute, Mr. Fleming still has the discretion to counsel." He also has discretion to provide counsel prosecute the students before the Student Judiciary. for any member of the university "complaining of or These examples simply illustrate the discretion charged with violation of university rules." Moreover trusted to Mr. Fleming. he has the discretion to initiate or request Let me make it clear that there is nothing appropriate authorities to take action to prevent or inherently wrong with wide discretionary power; in mitigate violationsof university rules, whichinclude fact, because the Advocate concept is in its local and state laws. formative stage within the university, that power is Now that is a lot of discretion, which necessary to adapt the purposes to the needs of a incidentally, is unreviewable because there appears changing academic community. Hopefully, Mr. Fleming will wisely exercise that no review provision in Acting President Regan's memorandum. A fair reading of the memorandum indicates that Advocate Fleming can decidewhether todefend discretion. Emil Warchol Editor-in-Chief Moot? Court? Competition? The Law School Moot Court team competed in the regional competition in Albany last week. Yes, John, we do have a Moot Court team, it is extremely unfortunate that an apathetic faculty and student body have chosen not to support this endeavor. The Freshman Moot Court Competition, according to the 1967 catalog, "is designed to provide valuable experience in legal analysis and research and in presenting issues of taw to the courts. The cases are prepared to simulate the presentation of cases to an appellate tribunal." In practice, though, faculty ambience to this program has been - - - — - manipulated. The old offer us a society of responsibility, fear, puritanism, and repression. They give us leaders such as Nixon and Agnew. The old order is sterile, the young have just been born and demand a world of constant energy, full of love, drugs, and brotherhood. The children of America have rejected their parents and their society. They are fighting to free themselves. The youth must either submit to it or destroy it and they will not bow Abbie is right what Kill Your Parents!' theater! The future Imagination and aesthetics. Colors, touching, a release of all the senses a world of artists, no more structures, constant energy exchanges sleep being obsolete. No negatives Yes! Yes! Yes! Pepperland. On a visit to 'Man and Hii ' - A school's reputation, contrary to SBA belief, cannot be acquired through the expenditure of ridiculous sums of money at SBA conventions. The responsibility lies with the student body to insist upon a concerned faculty effort to structure a Moot Damn Astonishing (BALSA). It is a sad reality when State University of When a representative of that organization was Buffalo Law School cannot win a regional asked by the SBA whether any student black or Georgetown when Law white could become a member, he answered: competition, especially School (it ain't no Harvard) can win the National "NO!" Regardless of the social end that is to be Competition four times. They must be doing achieved by the organization, there can be no somethingright. only a justification for establishing a downright The structure of the Law School permits small number of students (Law Review) to partake exclusionarymembership policy based onrace. An writing projects. research and The Opinion does not believe that law students in meaningful expansion of interest in theMoot Court competition are like the racists who have traditionally excluded the black participation in society; on the other hand, it would serve the needs of the majority of not believe students are willing to support those students who, due to classranks, have been excluded does whoexclude white participation. experience. from this vitalresearch Yet the SBA's action, what can we think? As it is becoming increasingly evident that our It's just damn astonishing. does not have a placement service, the faculty - 2 - - - - — - . Cut 2 Checking over the draft law and the Sherman Act I have concluded that the draft is illegal per se under the Sherman Act. When I am drafted I must fight and kill for the American armed forces. This is certainly a restraint of trade. I should certainly be allowed to negotiate my services with any country I want. I'm not anti-American. I think every young man should fight, kill, and possibly die for the old but I think my rights are infringed when I am bound to onecountry. Recently I asked my draft board to transfer my files to the Viet Cong (I always go with the good guys) and they refused. I will soon fde suit in Federal District Court. The government's only defense is that like baseball and football the armed forces and war are sports. If they put up that defense I guess I'll win no matter which way the case goes. - Cut 3 Tobetter understand theabove take two caps of "Sunshine" and wait about three hours and re-read. competition. Court competition which would benefit both the students and the Law School. JoelWalter This year's Moot Court Board, comprised of AssociateEditor eight seniors who are genuinely concernedabout the program, was selected last spring from a field of fifteen competitors. These students did not have the experience of the freshman competition because the It's just damn astonishing. program was not offered during their freshmanyear The Student Bar Association appropriated $425 due to faculty oversight. This oversight, by the way, by those Freshman the to Black American Law Student's Association was greeted as a blessing school Remember in grade school when the teacher asked everyone to draw a Thanksgiving picture and then picked one out to hang for exhibition and that picture was the one that under current standards was acceptable. All the rest were turned down well, Mrs. Wallace, you killed thirty artists, no one sterilized our minds drew again. Creativity and Imagination were put in the basket. American culture has no place for it. The revolution today is quite basic it calls for a return to living and a repudiation of the plastic towers that surround our lives. Living today is a myth we our feelings and are robots emotions are continually restrained and our desires World' (formerly Expo 67) in Montreal Ah trie Hoffman reflected on his trip into the future. "It is magic to walk the mahogany boardwalks, ride streamlined tramways and flashing escalators. All Day-glos, purples, pinks, andgreens. Twisting copper cobwebs, stretches of steel pillars, flowing concrete wings, and plastic tunnels, cubes, triangles, bubbles, spaghetti nets, arches of light, fountains of energy; these are the shape of things to come. One cannot tell the church from the fun house, 'Is this the roller coaster or the subway, sir? It is a perfect blend of harmony and excitement. I watched the people carefully as they laughed and danced through Future City No one threw his garbage on the floor." and student body should attempt to enhance the value of the preferred education, both in terms of quality of the education received and in the market place value of the school's diploma. The legal community would be forced to take notice of our law school if we were to win a NationalMoot Court pathetic. affected. by JerryLevy - - TAKING A BREAK After classes ended one day, students took a pause for the cause by helping themselves to some brew supplied by the Student Bar Association. Such sessions are scheduled throughout the year, with chips and pretzels included. THE OPINION Editor-in-Chief: Emil Warchol AssociateEditors: JoelWalter, Marge Anderson November 25, 1969 Vol. X, No. 2 Staff: Rose Hamlin, Robert Krengel, Stephen Lee, Charles McFaul, Jerold Yale, Joseph Hodan,William Lobbins Columnists: JerryLevy and Robert Krengel The Opinion it published during the academic year by the students at the State University of New York at Buffalo, School of Lew, 77 West Eagle Street, Buffalo, N. Y. 14202. �Voting Block Proposal Defeated in SBA In last week's SBA constitutional referendum, a proposed organizational article each, electing one member to the of Directors. Under that rejected system, students from all classes could be in any one of the article, and creates the office of brought by the endorsed article is Vice President. Under the the changing of the date of the new article, all SBA executive election of SBA executiveofficers officers will be elected by the from November to "no later than election blocks, with each student entire student body, instead of April 1 of each year." Problems being allowed membership in only only the president being so with the formerelectiondate that one block during a given academic elected. were enumerated in the year. The 2nd Vice President will act referendum ballot were: lack of At the same time, proposed as the official SBA representative continuity on campus with other Article 5, dealing with to all University-wide positions student government leaders and nominations and election and committees on which thee committees, the problem of procedure, was passed by an SBA now sits or may be invited or committments made by two overwhelming vote of 183 to 22. requested to sit in the future and administrations during one school The new article states the duties he will be a voting member of the year, the situation of working Board that would substitute 25-member blocks for representative class as election units failed to obtain the required two-thirds affirmative vote. The article was defeated 113 to 90, showing a majority of 56% in favor. The defeated article would have disgarded the presentsystem in which each class elects six members to the SBA Board of Directors, by establishing blocks of the officers of the SBA, which of a minimum of 25 students were not enumerated in the old 2nd Board of Directors. Another major innovation Courtroom life, Dramatic life, A Noted Trial Lawyer Insists The most dramatic part of a modern lawyer's life is spent in the courtroom, a prominent New York trial lawyersays. - - TRYING NEGLIGENCE CASES Albert Averbach, a noted trial lawyer specializing in negligence law, shows the usefulness of pictorial illustrations during his lecture on trial practice before law students recently. The guest speaker said that law students recently. The guest speaker said that law students here were fortunate because across the street was "where theaction really is." New teaching Method Offered In Land Course by Rose A new Hamlin teaching technique is being tried out in the law school. This semester's course in Land Transactions is being taught by three professors Professors Adolph Homburger, Paul Goldstein and William Greiner. Formerly Professor Homburger handled the course alone. Professor Homburger, commenting on the technique, said: "In the past large classes have been divided into groups for better student relationship. Students receive the benefits of — "So I had a doctor testify that the plaintiff felt pain every time she took a breath. He calculated she took around 25,920 intakes of air per day. "Then I suggested to the jury that a fair award by the way of damages sustained would be one cent per breath." Averbach, with a glow, said the different approaches and teachers get the benefit of their own jury returned a $15,222 verdict teachingapproaches." for a case that would normally Professor Goldstein said: settle for $2,000. * Students are not only exposed to Averbach, speaking before law different faculty members,but to students recently under the the faculty who are skilled in sponsorship of the Distinguished particular fields. Another benefit Visitors Forum, insisted that law of the course is that the faculty school, having medical schools has an opportunity to comment nearby, should take juniors and on the teaching methods of other seniors into the operatingtheater. by William C. Lobbins approval of an $850 budget for the 1969-1970 school year to the Buffalo Chapterof the Law Students Civil Rights The big," Dannye R. Holley, LSCRRC Buffalo Chapter chairman, said. The $850 budget approval is the first budgetary assistance granted in the chapter's five-year history. Dedicated to provide legal research assistance to organizations, community groups and individual attorneys working in the field of civil rights, civil libertiesand poverty law, the Civil Rights Council hopes to inspire future members of the bar to commit themselves to amelioratingproblems of minority groups and the poor."l am sure the budget approval will add the long-needed spark that will enable the Buffalo Chapter to do meaningful legal research in the field of civil rights and poverty and to make a determined effort to improve the lives of Buffalo's minority community," Holley said. Founded in 1963 after a handful of northern law students gave lawyers, the national organization, headquartered in colleagues." New York City, is composed of 'This is the coming thing. You 55 chapters at law schools all over Professor Homburger adds: can't learn about medicine and the country. "By conducting this type of class anatomy without seeking it." The organization has been the for a year or two, we are arriving question catalyist brief and answer for the creation of a a enterprise idea." at a natural, joint In period, Averbach critized current complaint office in Newark in proposals to place negligence cases 1967, legal assistants and before a special board to relieve observers on the part of students the court conjestion experienced during the 1967-1968 Poor People in New York City. "It would be Campaign and student poll watchers during the 1967 slot machine justice," he said. November elections in Mississippi. Averbach is an associate editor The Buffalo Chapter boasts of of the Personal Injury and Tort a membership of 30, an increase Law Section of the National of 18 members from last year's Association of Claimants and membership of about 12, and Compensation Attorneys Law faculty advisors Joyce and Journal; a fellow of the Herman Schwartz, advisors International Academy of Law Kenneth Joyce and Herman and Science and president of the Schwartz. Directors of the Board of goMstein, PLACE SHOW Professors AND WIN. Speaking of Research Council's International Academy of Trial left, William Greiner and AdolphHomburger discuss goals locally this year, Holley Lawyers. their differing approaches after Land Transaction Melvin Belli said: "Whileit will certainly come He co-edited with cam recently. At intervals, each professor often hit the Tort and Medical Yearbook. as a surprise to most juniors and specialized skills in a particular area of law. - participate in future refercndums. Within the next month, there will be referendums concerning SBA representative elections, the Faculty-Student Relations Board and the Grading Committee proposals," Neff added. Money Adds 'Spark' To Unit Holley Says The use of pictorial illust.rat.ions and artificial parts of the human body are essential Research Council, (LSCRRC) by tools to involve the jury, he said. the Student Bar marks this school "What the hell do the complex year "as the start of something medical terms mean to the jury," Averbach queried. Averbach gave an example of whathe was talking about: "I wanted to show the jury what exquisite pain a woman suffered with two fractured ribs. structure." Neff indicated that the SBA's next move is to "slay with the present structure with voting according to classes and we will present another referendum dealing with the question of whether the SBA representative with the former administrations elections will be held in the spring appointments for seven months, or fall. Unless thereis a change by and the situation of substantially referendum, all representatives all committed monies and budgets will be elected in the foil." before the new administration "I am kind of disappointed in the turnout of votingby freshmen takes office. The final result of the and juniors. The freshmen turnout referendum was the decision to was particularly low. It is hoped keep the present officers of the that more underclassmen will SBA in office until April 1, 1970, rather than have themleave office 30. This part of the Nov. injury cases, Averbach said that was passed by a vote 80 per cent of those cases are referendum to 58. of 140 decided upon their "anatomy and Commenting on the results of physiological aspects," not upon the referendum, William Neff, the law. can tell you, from my more 45-years of experience, that the most rewarding experience in your life is when the jury returns Albert Averbach, who a verdict for your injured co-edited with Melvin Belli plaintiff. The glow you have numerous professional when you have helped someone To be successful in trying publications in the negligence who needed yourskill." negligence cases, Averbach said: field, says he "couldn't care less Citing the fact that 90 percent "You have to be a salesman about the rule of Shelley's case." of all litigation involves personal before the jury, showing them j stark tragedy." He suggested that law students should learn anatomy from suchbooks as How and Why of the Human Body, which costs about 50 cents in any bookstore. "1 than president of the SBA, said: "I am a little disappointed that the school did not want to try the new system. However, the vote showed definitely that there is interest in possibly changing the seniors, a dormant chapter of LSCRRC has existed at our law school for the past five years. "Our present plans are to try and revitalize this chapter by having a much larger proportion of the students participate in research projects. In order to do this, we are going to have our local group concentrate on only four or five major research projects this year. "One such project we hope will be successful is our Student Demonstration, Legal Advice project, under the able leadership of two juniors, Mrs. Grace Blumberg and Clarence H. Gratto." "We hope to advise students participating in student demonstrations of their legal rights and obligations," Gratto said. Gratto said student advisors would give lectures and distribute leaflets on student legal rights at pre-demonstration sessions. "At the demonstration, our legal advisors would again circulate flyers and handoutsbut we would supplement this activity in observing police harassment and unprofessional conduct," Gratto added. "We are now planning to utilize the talents and skills of University of Buffalo students, who are majoring in photography or related career programs. Gratto said the program would also extend to student demonstrators who might be arrested. "We hope to disseminate legal information during pre-hearings, hearings and jail terms to student involved in arrest." "We hope to monitor police activities towardstudents en route to hearings and in jail also," Gratto said."We are presently asking for 100 students on a voluntary basis to participate in the Demonstration project. We hope to use about 12 students at any given demonstration," Gratto said. "We hope that any law student who is interested, no matter what his class, will join our organization," Holley said. 3 �Buffalo Law Students Take Part In Largest Anti-WarDemonsItraUHildHSistory - Bearing a caricature of REVOLUTIONARIES MARCH White House: While 250.000 individualsinarched in protest over the war, theWhite House was conducting Vice-President Spiro Agnew, members ofradical splinter groupsmarch "business as usual." down Constitution Avenue near the Justice Department. -continued frompage I- detention and witnesses. The information would then be forwarded to MOBE, who would Senator Charles Goodell. They remained among the crowd, near the outer perimeter of the speaker's platform because SDS members and other provide lawyers. Located on Pennsylvania revolutionaries were agitating Avenue, between Constitution throughout the program. The radicals refused to sit and chanted Avenue and 6th Street, were: Freshmen Joyce Hanks, Marge "bullshit" when Senator George spoke. A n d crson and Charles Davis; McGovern Marchsals of MOBE had Junior Richard Rosche and warned those in the press Seniors William Dixon, Daneye quietly sandwiched between the section, Holley, Joel Geller, Stuart crowd and platform, to expect a Gartner, James Keysa and Joel charge from the radicals. It never Walter. At 14th and Pennsylvania happened. But violence did break out Avenue a contingent of the meeting. revolutionarieswearing helmets shortly after Junior John Gorman, an and carrying the banner of the seen fleeing from a observer, was "Buffalo Nine," tried to break cloud of tear gas, holding a through the line of marshals, handkerchief over his mouth and presumably to storm the White nose. House. They screamed "War, war, (Editors note: The stories and one more war. Revolution now." And every now and then a photographs covering the Moratorium revolutionary were compiled by the group self-styled would stop, form a line, begin a editors of this newspaper. We extend our sincere appreciation "one-two-three-four, chant, Tricky Dick end the war," sound for the assistance provided by charge Michael Gragert, editor-in-chief, an Indian war whoop and and Martin McKernan.both of the forward a few paces. The legal observers' work was Georgetown Law Weekly; officials crowd reached nearly over as the of the National Mobilization Portrait of Protest: Youthfulmarcher carries North the grounds surrounding the Committee; Reinhard Mohr, Washington Monument to hear southern director of the Law Vietnamese flag in march on Washington. words of peace from such Stud ents Civil Rights Research notables as Dr. Benjamin Spock, Council and, of course, the Mm. Cnretta Kin* and New York students at our law school.) Law Student Meeting: Tom Casey, (cantor left) Joel Walter (top right). Merge Anderson Headquarters and Norm Alvy attend a law students' meeting at theNationalMobilization in theNew York Aye. Presbyterian Church. Law students served as legal observers during the peacemarch. 4 Hopeful Sign: Dr. Benjamin Spock, noted pediatrician and peace advocate, flashes the peace sign. Dr. Spock was the keynote speaker at the Washington Monument after the massive anti-war march. - MARCHING AGAINST DEATH Seniors Theodore Kantor and James Keysa bear the name of Americans killed in Vietnam during their 4.2 mile trek from Arlington National Cemetery to the Capitol. �- SYMBOLIC TAKEOVER Revolutionaries, shortly after the mass march, swarm the Department of Justice to show their protest over the trial of theConspiracy Eight. They soon put their wordsinto action by smashing windows, throwing red paint and burning the American flag. - — TEAR GAS BARRAGE Protesters here were prepared for tear gas fired by police to disperserevolutionariesand onlookers in frontof the Justice Department. Wearing gas mask and other appropriate apparel, many were able to repeatedly return to the scene to assault die buildings and police. ) - from page I "I couldn't stop myself from going into the park," Casey said. The crowd regrouped in the park and police called in reinforcements. Some demonstrators threw what appeared to be a fire bombs into police command headquarters, some smashed windows in continued buildings and police cars. Police then began launching tear gas grenades into the crowd. One landed right next to Casey and Alvy. "I couldn't move," Casey said. Both were stunned. "All I could remember was that a man was carrying me out of the circle," Casey said. Alvy said he and Casey repeatedly returned to the Circle to aid those overcome by tear gas." We simply could not help it," Alvy said. "Those medics were just beautiful," Alvy said, "even though some had mixed feelings about the methods of the protestors. Both law students escorted persons into a cellar of a home just outside the park. "Those in the cellar, held different views; some wanted to forget the whole thing whileothers wanted to kill the cops," Casey said. Casey said many demonstrators remained in the park vicinity for more than three hours. The majority of the crowd probably came to DuPont Circle to only the few equipped with helmets and gas masks demonstrate actually anticipated a direct confrontation with police. Although under constant assault, Washington police showed remarkable restraint, and even the editors of the Opinion were forced - to appreciate their conduct. - - FLEEING FROM GAS Junior John Gorman, an observer, joined others in the run to escape the stinging tear gas fired by police protecting the Department of Justice. The photographer of this picture quickly followed suit. LEGAL OBSERVERS SeniorLaw studentdiscuss the day's events scheduled on Pennsylvania Avenue. They acted as legal observers for the National Mobilization Committees. Shown here are Norman Alvy, left, William Dixon, James Keysa and Thomas Casey. - Freshmen Marge Anderson looks surprised tomee F«*man SURPRISE MEETING Joyce Hanks In the central headquarters of the National Mobil.zat.on Commrttee. Other surprises included Donaye Halley, center, and Norman Alvy, both seniors. - Abbie Hoffman, one YIPPIEI of the defendants in the Chicago Eight trial, madehis appearance in the grandstand next to the speaker's platform during the mass meeting - SORE FEET Junior Richard Rosche nurses a blister earned on his "March Against Death," which began at 5:30 Saturday morning. He did makeit through theentire day's events, however. 5 �Biafran Judiciary individually oriented Duruji may begin his action by in the judicial process. approaching the head of The plaintiff is then called Madumere*s family and relating to upon to state his case amid suffered. If a dm onit ions from his jurors him the affront he next of kin inherit it. The Madumere is the family head, (supporters) that he be honest community can take the land Duruji may complain to all the because they would not want to from him only for communal next of kin of Madumere. If share in the curse of the goddess. utilization, e.g. to erect a hospital Madumere's family succeeds in La nd, if he should utter a bringing him to reason, he will be falsehood. or school. But he is compensated required to pay adequate Next, the defendant states his for this taking. Any encroachment on one's compensation to Duruji and the position amid the same warnings by his family and supporters that land is a course of dispute for palaver ends. If the family does not succeed, he teii the truth. Crosswhich the judicial process must be Duruji may take a sum of money examinations are entertained and applied. The society exists to safeguard ($.60 to $ 1.20) to the village head each side rests its case. The jury individual interests. Biafran and file a complaint against retires to seclusion. Supporters of communities can be collectively Madumere. The village head will both sides are part of the jury. I described as "individual-oriented summon Madumere and require have never known of any jury society" as opposed to from him the same fee that Duruji deliberation that has lasted more paid. The issue is now joined and than two hours. "society-oriented society." the village head appoints a day for Trial of any dispute or crimeis The point at dispute is usually the hearing. by peers. the amount of compensation and piece of land over which he has the soverign right to use as he desires (except to dispose of it permanently). When he dies, his Editor's note: The following article is authored by Anthony U. Uzomba, who is an M.A. candidate in Anthropology at State University of Buffalo. The author is a native of Biafra and has taught in its elementary schools. His essay offers a first-hand analysis of the procedures employed by the Biafran judicial system in adjudicating individual rights. Biafran village communities are autonomous societies. Within the villages, the stress is on egalitarian status and roles; on individual identity, independence, and dignity. Each village territory belongs to the village people as a whole, but each family permanently holds a share of the territory in trust. Each family There are no permanent law then apportionsparcels of land to enforcementofficials. Everyone in individuals in the family for land the community has a stake in the utilization purposes. The land traditional law and equity of the may be mortgaged but never sold community and in its outright. Even then, only the head enforcement. of the family (who is the There are no prisons in the custodian of the family land on community. The culprit pays for behalf of the community) can his offense at the time of mortgage the land. Otherwise, eachindividual utilizes his portion of the land as he sees fit. From this background, one can deduce the following points about theBiafran way of life: Land is the central societal focal point in Biafran communities. Each man "owns" a -- FRESHMAN GRADING RANGES 596061626364 - Admin. Law A Prof. Angus It 1'rof. Gilford Civil Procedure A Duruji invites his own jurors 1 I II - - 6566676869 707172737475 767778798081 by Rose Hamlin 4351 II 813544 24369 18 412231 The year old Buffalo chapter of the national organization of Black American Law Student's 4 1 12 - Torts A Prof. King B-Prof.Laufei 62533 9 243 14 7 12 6778 - 7242 I Environmental Management I- Prof.Magavem 11 Prof. Kaplan I 54541 I 222 847784 3442 12 6 33 3 3 1 4 2 12 1111 1 11112 1 III-Prof. Gieiner rV-Prof.Reis V Prof. Goldstein 11 - 1 112 I 231 562211 5422 112 2 2 4 3 1 3 7 12 4436 3 12 3 2 5433 59 10 13 93 31 3 I 3 6 126 5 3 2 Civil Proceedure A Prof. Kocheiy Contracts A Prof. Hollands Torts B Prof. Laufer 117 1 7 2 14 3 15 273 12 7 8 3 2 641212 JUNIOR AND SENIOR ELECTlVES Advance Corp.-Prof.Fleming Juniors Seniors 2 Seniors Family Law-Prof. Swartz Juniors 2 Seniors LaborLawPiof. Kocheiy Juniors Seme Seniors 6 112 3 2 1 judicial fee. In the Biafran judicial system, effort is made to swiftly expedite justice. Emphasis is on restoring the rights of the offended party by compensation every from the offender. It is the individual who is wronged in each crime, rather than the state society. Society exists to uphold individual rights. Justice is not only swift, it is inexpensive. There is no one who cannot have his greivance heard because he is poor. Nearly everybody can afford the insignificant fees of the judicial process because everybody owns property. Moreover, either party to the dispute decides on the amount of the filing fee. The minimum is $.24 (i.e., two shillings British sterling). But a complainant can lay down as much as $1.20. The defendant can bargain this down to $.60 or less. If the complainant insists on his high fee, people will murmur that he is trying to buy justice or he is trying to forcehis opponent out of justice. Usually, Among the purposes for which the organization was founded are: to articulate and promote the needs and goals of the Black American law students, to utilize legal training to bear upon some of the problems, legal and non-legal, in the black community; to instill a greater awareness in the black attorney and law student of the needs of the black community and to encourage a greater commitment to those needs and thereby to earn the respect of the black community; and to influence American law schools to use their legal expertise and prestige to effectively bring about changes within the legal system responsive to the needs of the black Association (BALSA) is currently active in helping to arrange a course to be offered here in the spring semester related to present inner city problems. Members of Buffalo BALSA are also currently involved in obtaining work-study grants for all law school minority students. The national organization was founded in 1967 by black students from the New York University and Columbia University schools of law. It now has 20 chapters at colleges and community. universities across the country. Phi Alpha Delta plans expansion of programs The Buffalo chapter of Phi Alpha Delta Legal Fraternity (PAD), is currently proposing and implementing projects which are designed to be beneficial to both School and the Profession." Senior Richard Furman is presently coordinating a Defense Counsel Pool with the assistance of some of the faculty members. Law students in this pool will 3 2 2 6 4 12 members and non-members. Last year, PAD sponsored a argue cases before the Student symposium on "Sex and the Law Judiciary and the Committee on in Perspective Today." This year's Student Behavior on the main 12 1 symposium will deal with the campus. .2 11 topic of obscentiy in the theater, Throughout the school year, films and in print. The proposed format will include audio-visual PAD members are invited to 345 15 79 demonstrations. informallunches with the faculty. 1121 1 4 2 2 2 2 1 The scope of PAD'S This valuable informal contact faculty provides an open semi-weekly business meetings with the have been expanded to include forum whereall issues concerning guest speakers. Future speakers the operation of the law school 6 2 11 4 4 1 2 5 will include representatives for the are discussed. Next fall, PAD plans to initiate legal community, SDS and the 3 4 1 Buffalo Police Vice and Narcotics a freshman orientation program which is designed to provide the squads. The Fraternity's motto is entering freshman with a working "Service to the Student, the Law knowledge of the library. 1 Collective Bargaining-Prof. Atleson Juniors of communal drinking, after which the case to an end with everybody sharing in the judicial fee. Even the parties get a share of the comes UB BALSA active SECOND SEMESTER 1968-1969 Prof.Kocheiy Contracts A-Prof. Hollands the amount (supporters) and Madumere does settlement fee. Usually, before the likewise. The village head appoints jury retires to seclusion, everyone jurors to represent the knows whom the settlement community. These three groups favorsand whom it disfavors. / constitute the tripodal jury Finally, the jury reaches a system of Biafran communities. conclusion. Usually the village On the hearing day, each set of head becomes the jury's jurors surrounds its client. The spokesman. Sometimes he conviction and returns to the first order of business is for the delegates this function to a juror disputants to provide gallons of who has distinguished himself community. His personal and social rights and responsibilities palm wine for all to drink. This is oratorically, for our people are neither affected nor impinged done to reduce the atmosphere of believe in proper presentation of antagonism and tension. The goal public decision. in any way. Let us now examine a of every hearing in Biafra is The one who is disfavored in hypothetical case. Madumere settlement of the dispute, not the settlement forfeits his original encroached on the land of Duruji, judgment against any person. This judicial fee. The one favored or stole his yams, or struck him. aim underscores every maneuver receives back his original fee. The guilty party pays compensation to the favored one or is given a stipulated time to do so. Each party to the dispute pays for another bout of palm wine 2 3 3 2 1 �Guest speaker advocates Complete bail reform system Charging that flight is an major premise" underlying the inadequate standard for present system is that "we determining bail. Donald place bail a high money bond to Santarelli, a federal associate deputy attorney general, called for a complete reform of the current "money bond system." detain persons who are considered dangerous to the community, not because we are attempting to prevent their flight." Santarelli, speaking to law students recently, said the criteria The Eighth Amendment of the for granting bail to an accused Constitution grew out of the should be the "likelihood of English Bill of Rights und under danger to the community, instead English law one does not have an of the traditional flight test." absolute right to bail, he said, He said that the "unarticulated adding that bait is left to the absolute discretion of the English magistrate. The Moratorium Caper by Robert Krengd As it was conceived, the idea of a national moratorium day to protest the war in Vietnam was wrong.But as it was carried out at this Law School, it was stupid. Some of us had supposed the day would be tolerable. Although many would choose to express their dissent, our right to conduct business as usual would not be violated. Alas, we had not reckoned with the Faculty. A few days before the scheduled moratorium, a student petition appeared, calling upon the Law School to suspend classes on Oct. 15. The petition accused President Nixon of being unaccountably stubborn, and pointed out that there had been no progress in Paris for 16 months. That is correct. It is also correct that 17 months ago the same critics were telling us that we could make progress if only we moved to the negotiating tables, that we would make progress if we stopped the bombing. But now these critics whose counsel has failed us before are just crammed full of new advice, and enraged because the President has the intelligence to ignore them. Therefore. Santarelli insisted, detention before trial should not be repugnant so long as it does not "contravene our notion of due process." He explained the concept of due process in terms of what appears reasonable and necessary to the judicial system. Arrest period, commitment of alleged insane persons for observation and detention of addicts until "recovery" was cited by the speaker as common judicial practices which fall within the framework of due process. Under the proposed bail reform advocated by Santarelli, a detention hearing could be held within five days upon motion by the accused. *it could take a few minutes to one or two hours at the most," he said, referring to the duration ofsuch a hearing. The judge, Santarelli said, would have the discretion to decide whether there was a high probability that an individual may flee if released before trial. But he could exercise that discretion only for crimes generally posing a threat to serious bodily harm, such as: assault, homocide, The petition was rejected by an burglary andsale of narcotics. overwhelming majority of The speaker, sponsored by the students, about 91 individuals Distinguished Visitors Forum, is a (less than a quarter of the Law graduate of Mount St. Mary's School) signing the document. College, Maryland, and the The climax came when our University of Virginia School of new dean, William H. Angus, used Law. his wisdom to solve the problem and failed miserably. Although the University could not suspend classes for political reasons, pontificated the Dean, each required to reconcile openly at Faculty member would have the close of the trial. The "discretion" whether or not he offended party is admonished to would suspend his class. forget the incident (no matter how grave), and never to tease the Now if giving an instructor the offender about it. "discretion" to suspend classes is There is no marked polarity more than a euphemism for between criminal and civil cases. granting him permission to Every offense is usually against suspend classes, then I will rehire someone, or a group of people, in to the DMZ. What is the community. The judicial objectionable about this policy,so is process in Biafra is geared to that it allows a political cause to repairing the damage or restoring interfere with the education of the loss suffered by the offended students who do not agree with p arty. 11 is not always the that cause. If there were a Nazion complainant who is favored at the our Faculty, would he have the trial. If, in fact, the complainant "discretion" to suspend his class caused the altercation, he will be on Hitler's birthday? If he would required to compensate the other not, then either (a) only Faculty party for any losses incurred. members protesting the war in Protection of individual rights Vietnam have "discretion" to is a foremost aim in Biafran suspend classes, or (b) the Dean society. It is with thisend in mind will choose which political that the Biafran judicial system protests merit suspension of operates. classes. Either alternative ia - - OFF THE CUFF Bail reform advocate Donald Santarelli discusses his proposed reforms with senior law student JasonKarp after lecture. - Biafran legal system... continuedfrom page 6— he backs down and settles for the lower fee, accepting the balance of hisformer outlay. There are no prisons, penitentiaries or reformatories in Biafran communities. Rehabilitation of the offender is on the spot. The jury not only determines the compensation which must be paid to the plaintiff, but also the points upon which the defendant is to be admonished. These points are in the form of an appeal to him and his family. He or she is told to be of good behavior, in order to save himself loss of time, loss of money, and loss of good standing among his fellows. Someone will recall the high regard that he is held in and which his present actions threat:ed to obliterate. Most of all he is admonished to save his family embarrassment. "It is the relatives of the deviant who are shamed. The deviantknows no shame (Self-respect)." All the admonitions are nevertheless made good-naturedly, so the offender feels good. Usually, he is asked to thank the community for saving him from the grip of unjust behavior. Next, the disputants are personal Pre-trial release program aids indignant prisoners by JosephHodan Students at the law school past year, been have, for the involved in the Bar Association Prisoner Release Program, aimed at insuring indigentprisoners their traditional right to freedom before conviction of a crime. (See Speaker story on this page.) The Prisoner Release Program is under the direction of Attorney Arthur Sabia. Funds are available through the County Legislature to pay law students to make recommendations for the release of prisoners. This procedure is aimed at alleviating the overcrowded conditions at the city andcounty jails. Mr. Sabia said that most defendants released on bail will not attempt to evade the jurisdiction of the court. He attributes this to the defendant's "roots in the community, namely, the years he has lived in Erie County and the closeness of his family ties." A defendant's past record is - unacceptable, and may be against State Law. Three Professors, whatever their feelings about the war, held classes. They are to be applauded for their sensitivity to the rights of all students. As for the other Faculty members, the 'same cannot be said. It is a pity that teachers dedicated to the rule of law could not have phrased a better position. This year over 13,000 South Vietnamese soldiers (compared to 8,000 Americans) have died. Unlike the Faculty, they remembered the 3,000 civilians in Hue who were summarily rounded up and executed last year. Columnist JosephAlsop, a frequent visitor to Vietnam, believes the victims of execution could number as many as 1,500,000 if the North conquered the South. Lending support to these figures is the massacre of thousandsof peasants in 1954 when the Communists came to power in North Vietnam. Why were they slaughtered? The South Vietnamese who fight on know the fate thatawaits them if they are raped by the Communists. They have chosen a better position than the Faculty. An unconditional withdrawal would certainly encourage the Communist-backed Arabs (VC-styled "Liberators" too) against Israel, and theHuks in the Philippines. North Korea's Kirn II Sung has promised to reunify Korea by 1971, and might be tempted to try it. No mention was made by the Faculty of the devaluation of every U.S. defense commitment around the world, and a vastly enhanced likelihood of a major war. The issue is not peace; only madmen oppose it. If the United States unconditionally withdraws our troops the soundsof guns will be stilled, the casualty lists will temporarily disappear. Vietnam will at last be quiet. But it will be a silence of death rather than peace, a silence which will cut through the terror-filled night of Communist slavery. It is to be hoped that if there are further moratoriums, all Faculty members will teach their classes, regardless of their feelings on the war. Sincere feelings supporting or opposing the war can be demonstrated in an atmosphere of mutual respect for the rights of all. A day as serious and important as this should be more than the Faculty caper we witnessed on Oct. 15. carefully scrutinized for the number and nature of previous convictions. A defendant with a history of narcotics violations, sex offenses, or crimes of a violent nature is usually denied bail. Approximately 100 defendants have been released on bail through the program since September. Six defendants who were recommended for bail have failed to appear for sentencing, while five defendants who were not recommended for bail have failed to appear. The Prisoner Release Program benefits those defendantswho are eventually convicted for their record of deportment while on bail increases the likelihood of probation instead of a prison sentence. Students involved in this program are: Joseph Crouse, Terry Connors, Deborah Lewis, Richard Stokely, Richard Rosche, Timothy Kane, Murray Grashow, Greg Stamm, JohnBlair, Clarence Sundran, Larry Groshen and JosephHodan. ™^ A , taris saarg !5k. s k: 1 7 �Fleming Selected to Head Advocate's Office Acting on recommendations of a joint committee representing students, faculty and staff, University Acting President Peter F. Regan created the Office of the University Advocate. This office, according to Dr. Regan, is intended "to improve our ability .to effectively handle complaints, offenses and grievances and disputes arising in thelifeof our University. " . Appointed to the position of University Advocate was Robert Fleming, Faculty of Law and Jurisprudence. Working in con j vnction with Fleming is RonaldStein, Associate Advocate. Stein was formerly assistant director of the Office of Student Affairs. Norman Effman, an attorney who worked in the Appeals Division of the Legal Aid Service, and was formerly Chief Justiceof the Student Judiciary, held the position of Assistant Advocate. Discussing the role of students in matters of theft of property, assaults and landlord-tennant disputes. The powers and responsibilities of the Advocate's Office, as determined by the committee which formed the office, are to: standards of administrative law students and several judgment(the standards by which undergraduate students. Seniors decisions are made with specific hired for the academic year are: reference to individuals and Joseph Tringali, Eli Scnmuckler 1. on his own initiative, or on directly determining their rights, and Joel Wa Iter. Additional the complaint of any privileges and standing, for students will be hired next administrative officer or member example, grading of students, semester, according to Associate of the University Community, hiring and firing, and granting of AdvocateStein. financial aid); 2. provide counsel (either within or without his office) for member of the University Community complaining of or charged with violation of the University rules of Conduct or University Advocate, Fleming said: "People are wondering what we are going to be. We have a lot any of business in behalf of individuals against the University. Some people are getting confidence that we can help." Stein, commenting on the concept of the University standards of administrative judgment; 3. initiate to become truly self-regulatory. To this end, we The senior class voted 3-to-l in favor of a separate graduation in addition to the required university-wiae commencement. Eighty-seven per cent of those voting for the separate "Hooding" ceremony wanted Thursday evening, May 28, as theirpreference. In addition, the seniors were recent actions the Advocate's investigation into alleged incidents of police harrassment of University students, the ROTC disturbances and general legal advice to Students yesterday and today voted on four proposals that resulted from a Nov. 12 student body meeting concerning the taking of Prof. Robert B. Fleming from the law school. Prof. Fleming, no longer teaching Contracts and Corporations, is currently the University Advocate. The proposals that were put to a vote concerned: whether students in the classesaffected by Prof. Fleming's departure should Office are an Students Form Defense Group A law student defense evenly split on the question of committee has been formed in whether they should contribute response to action taken against funds for an Honorarium for the graduation speaker. The Faculty students by the Advocate's Office auxiliary arms of the and other Committee on Budgeting and Programs had previously decided campus student judiciary. Senior Richard Furman, head not to provide monies for such an of the Student Coordinating Honorarium. Prior to the senior class referendum, the Graduation Committee, chaired by Stephen Perrello, had written to the Vice-President of University Relations, Dr. Rowlands, requesting that the seniors be permitted to attend a single graduation ceremony, exclusive of the main university commencement. Dr. Rowlands said that the matter is open for discussion. However, Mr. Perrello said that the prospects for an exclusive ceremony were slim. Although probably not able to offer an Honorarium, the Graduation Committeehas invited Chief Justice Warren Burger to speak at the ceremony. But, due to a lack of funds, Perrello stated: "all we could afford to offer the Chief Justice is transportation and lodging." Defense Council, said the purpose of the organization is to: "defend person who receives a summons from the student court, or the committee on student behavior. It is designed as an alternative source of counsel for those who are called before these two organizations and who want to be represented by counsel." A series of complaints have been issued against students al 1c gedly participating in the disruption of the ROTC classes on any campus. Furman analogized the defense group to federal legal aid services. "Anyone who is otherwise no r mally subject to sanction without representation will get representation at possible level." the highest Other members of the defense council are: Kenneth Berman, Raymond Bulson, James Brook, James Euken, Jeffrey Frank, Barry Gassman, Murray Grashow, Clancy Grotto, Mark Hirschoin, Bruce Hofstetter, John Janiah, Jasen Karp, William Mitchell, Gerald Morreale, Vincent Paradis, Jay Ricketts, Paul Rosenfein, Frank Tessyman, B.J. Whalen, Jr. and Harry Wyman. Law students will prepare briefs and do actual trial work before the Student Judiciary Court. - A FLOWER POWER Washington policeman shows that he comes in peace by cleverly displaying a rose during Moratorium activities in the nation's capitol. The National Press commended the Capital police for their fineconduct (See stories on page 1 and pictorial enay onpage 4 and 5). NORMAN EFFMAN Fleming's departure causes dissent undertaken by ceremony request action to prevent or mitigate violations of the University rules of conduct or standards of administrative judgment; direction Seniors Favor judiciary." responsibilities Own Ceremony Advocate's Among by Stephen Lee RONALD STEIN Community must immediately move in the of a University wide or appropriate authorities to take Advocate, said: "The Advocate is only a beginning in a concerted attempt by the whole University ROBERT FLEMING 4. act as amicus curiae in acting as prosecuting attorney or counsel, commence proceedings adjudicatory proceedings within within the University for the the University. adjudication or enforcement of The Advocate's Office is University rules of conduct or supplemented by part-time senior PLAT IT SAFE to Cancer's Be alert Seven Danger Signals. Call your localoffice of S ? American Cancer Society *«! for more information. view is that the interests have been reconciled." Also referring to the interests involved, Interim Dean William Angus said that according to faculty policy, "when a faculty member wants a leave of absence, it is usually granted, except in the case of extreme faculty need, because in the long run, it is felt that the faculty will benefit from a leave of absence. It means balancing the interests of the University community as against faculty decide internally the solution to interests." He admitted, however, the problems caused by the that it is "very unusual" to grant a departure;a condemnation of the leave of absence in the middle of a decision to take Prof. Fleming semester. The facts that Dean Angus without the participation of students and/or faculty; a presented were thatProf. Fleming "remedial sanction" of a request requested a leave of absence for from the University of three new lines in the budget for next semester for professorial positions and nine new lines in next year's budget. The final proposal states that "until to accept the post of University Advocate, which is normal procedure. He explained that the reason for the lack of faculty and student participation in the decision was the requirement of speed. Dean Angus said: "Prof. Fleming first advised us on a Friday, and made two suggestions for replacements. On the following Tuesday, he said he must assume office on the following Monday. We had a total of ten days to takeaction." Speaking as a member of the faculty, Prof. Laufer said: "We knew nothing of these developments,although they took place over several days. We were presented with an accomplished fact." one year remedies are accomplished, students encourage all faculty members to withdraw membership from all University-wide committees and programs." This last proposal was changed from its original form, as introduced by associate professor Al Katz, which stated "demand" instead of "encourage." The controversy over the wording was initiated by Provost Hawkland, who said that he agreed with the ideabut could not agree with the tactic of demanding. When the wording change was approvedby the students present, Provost Hawkland added his endorsement Preparing for game: Freshman Intramural football team exhibited winning form all season until they were defeated last Wednesday for to it. Discussion at the meeting the league championship. centered around a report submitted by a committee of the SBA, consisting of Barry Donalty, NON PROFIT Richard Pariser, Richard Rosche ORGANIZATION and JoJo Seggio. The report explained the problems thathave arisen since the taking of Prof. Fleming, stating that the "arbitrary action" was "detrimental to the Law School" and that "remedy must be found to protect" the interests of the students in the classes that were affected. - Speaking at the meeting, Provost Hawkland said that three competing interests are involved in the controversy interests of the University,the faculty and the students. He commented: "The University has not acted in a reprehensible manner. My own - � 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, 1969-11-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 10 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/25/1969 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/211513921174054a3951dbcd4455fdd4.pdf 0b609a96a2762104c2a15e87e607302f PDF Text Text Faculty to act today Grading reforms passed by students Grading reforms have been The standards for eligibility adopted, at least by the were altered; students may students at the Law School, remain in school so long as they ending several years of student perform satisfactorily in a unrest and discussion about the designated number of courses, school's grading, eliggilbility and and students may graduate if ranking standards. they have completed the The reforms were proposed number of hours required by by an ad hoc Grading the Court of Appeals. Committee comprised of three The overwhelming student faculty members and four ratification of the proposals students. The reforms received came as a surprise, since the overwhelming endorsement in a student body had split severely student referendum last week, last spring when presented with and the faculty was to consider several' grading alternatives in the proposals at its regular the referendum on the proposals meeting Wednesday. Although of the joint student-faculty was on the agenda, the commission. faculty, because of lack of time, Freshmen were nearly never considered them. A special unanimous in their approval of meeting will be held today for the proposals, endorsing the the facutly to vote on the package by a vote of 177-10. proposals. Juniors were more divided but The porposals included three accepted the committee's proposals major revisions in the by a margin of 60-24. procedures for evaluating Seniors approved the reforms student performance within the 49-10. Law School: The committee proposed The grading method was that the reforms, if adopted, changed from a numerical apply immediately to the system to a modified pass-fail freshman class. However, the system utilizing three categories committee suggested that the Unsatisfacotry, Qualified, and reforms, if accepted, not apply to the present seniors or juniors Honors. The numerical ranking of until the next academic year (i.e. when they will be seniors). students was abolished. the issue - Vol. X The upperclassmen rejected the committee's porposals for implementation opting for more immediate application. Among the junior class, 51 preferred that the reforms go into effect this year, 10 preferred that the reforms go into effect this year, 10 the number grade does not itself tell a student what he has done what he needs to alter or to improve his performance." The report added that numerical grades create wrong or meaningless distinctions among students may mislead preferred implementation next year, and 23 desired that the reforms not be applied to their class at all. In the senior class, 34 students chose immediate implementation while 27 indicated that they would prefer to graduate under the current grading and ranking systems. The referendum also permitted students to vote on the individual proposals of the Grading Committee. These too received enthusiastic support margins of 4-1 from students by or better. The Grading Cpmmittee presented and defended its proposals in a 22-page report distributed to students and faculty prior to the referendum. - No More Ranks Freshman SBA representative Mike Stebick accepts ballot from voter. Students adopted Grading committee proposals abolishing number grades and ranks in last week's the numerical awarded at the Law School the report noted that "even assuming the faculty were accurate to the numerical specificty that is now employed, Criticizing grades now referendum. The OPINION No. 3 that propestice empolyers. "Although grading differences will often indicate nothing about the Friday, Dec. 19,1969 Political trials examined ' We're repression." in for a long night of were accused of "resisting, impeding and opposing federal officers," and the results of the trial were three acquittals, one hung jury and two convictions. "I feel the federal officers had a reason for bringing in who they brought it was a political act on the part in of the government," Mr. Meyers said. "There was a desire on the part of the government to remove a certain group of Professor Herman Schwartz perhaps unwittingly sounded one of the themes of Saturday's panel discussion when he introduced some of the leading defenders of the victims of repression: Leonard Wineglass, Williams Homans and Bill Meyers. Also on the panel in the Haas Lounge were Edgar Fridenberg, sociology professor at the State University of Buffalo and Mickey Leaner, a student at the University of Chicago Law School who is on the legal staff of the ' Conspiracy Eight Trial. Mr. Homans, who defended Micheal Ferber in the famous Spock conspiracy trial, told the overflow crowd in the Lounge that the Spock case "solidified and brought together the peace movement." He told the group about the manner in which the defense attorneys handled the case: "we, perhaps mistakenly carried on in a very gentlemanly fashion. We let the system run us too much." If a lawyer has the attitude "don't get into any battles you can't win," Mr. Homans said, "the system will continue to run us, instead of us getting in and running it" Terming the Spock case a "classic political trial," he commented that "what defines a political trial is the issues involved." Mr. Homans noted tha it is the function of lawyers and law students to "see that the judges change their attitudes," and that "all public officials have to rethink their attitudes about getting to the truth and dealing with it and its consequences." Relating one aspect of the Spock case, Mr. Homans said, "The trial was done in a cut and dry manner, with an eye to the court of appeals. We were surprized when at the end of the trial we found out that the jury did have empathy toward the defendants so we should have approacehd the trial more - people because of activities they were engaged in that threatened the system." Mr. Meyers noted the systematic surveillance that he the defendants were under, including FBI dossiers of their activities. "The officers who made the arrest knew who the people were knew that they were active in leftist politics," The Buffalo attorney noted the differences between the Buffalo Nine Trial and the Spock trial: "We thought - - Political Trial Discussion Panel members Mickey Leaner, Leonard Wineglass, Bill Meyers, Herman Schwartz, Edgar Friedenberg and William Homans examined the impacts and tactics of political trials at Saturdays panel discussion. it would be possible to educate the hury. We attempted to show the jury exactly what kind of people the they did not dress in defendants were shirts and ties, they admitted to being - secret rendezvous. Once such witness edits CBS news a $30,000 a year draft resistors. We attempted to advertising executive. subpoena the dossiers to prove that it Relating the tactics of the to prove the was a political trial prosecution in the trial, Mr. Ginsburg. surveillance." Mr. Ginsburg had testified concerning Mr. Meyers commented that "it is the events that had led op to and very important in a political trial for the followed the happenings in Chicago. On defendant to explain his motivation fo cross-examination Mr. Ginsburg was not the jury. At the end of the trial the asked about about the facts he testified jury was educated, they listened to and to, but concerning a 19-eyar-old book of appreciated the reasons why the poems that he had written. defendats had done what they had done." Eight trial who "is not This, Mr. Wineglass used as an accustomed to speaking for more than example of "the whole thrust of the two minutes wihtout be interrupted," presecution told his aduience some unreported facts about the current trial. He called the jury the "first federally financed commune, noting that they have lived together for the last nine weeks at a rate of $50 per day. Mr. Wineglass related facts concerning certain witnesses for the politically." pad FBI informers Bill Meyers, defense co-counsel in presecuation the recent Buffalo Nine trial, recounted that' included trappings of the the basic facts of that case, which he prosecution paid FBI informers that termed a political trial. Six defendants included trappings of code names and - - - — - — against what the defendants represent, not against what they did. Completely capturing the audience was the next speaker, law student Mickey Leaner of the University of Chicago. Condemning the separation between some lawyers and the people, Miss Leaner said law students, especially those who were in the Movement before they came to law school, "are here to affirm that we are definitely part of the people." She called the giving of diplomas "an attempt by them to define your identity by giving you a piece of paper. A lot of people are into burning pieces oi paper because it's separating. us from the people." Turning to the issue of political trials, Miss Leaner commented that "every trial with young people of certain attitudes is a political trial not just important people are involved in them." Referring to Attorney General she said that he is "trying to smash the cultural revolution also, not only dissent." Miss Leaner added that Mitchell, "it is a full scale, all-out war on the people. There is no difference between what happened in the streets in Chicago and what is happening now in the courtroom they're just escalting their tactics.',' - Edgar Fridenberg, noted social critic of sociology noted that a trial is a "showing of the dignity of the law and the majesty of the state," while the most important part of any legal and professor proceding is. the pretrial period. �steel glass EDITORIAL: Is anyone out there alive? anyone here hasn't noticed, this school has an amazing ability to raise burning get excited and hot for a day or two, then issues, give the issue to a committee or the SBA, or group that has many members and no some other public action, and then let the issue die from exposure lack of and exercise. What causes this? Surely noone here is afraid of controversy. Hmmmm. Case in point remember back in November when some real concern was voiced over the departure of Proiessor Fleming from the law school to become the University Advocate? Students were enraged, faculty were enraged, and some even questioned the values of the University that led to the leaving of Professor Fleming. A resolution was passed in a referendum (ah, salve for the soul of a strung-out referendums In case — - SBA) "requesting" the faculty to quit all University-wide committee memberships and then the faculty voted "in spirit" with the student request. Whoopee. That made everybody happy and content, and didn't change a thing. The referendum syndrome strikes again, with its side effect of a false sense of accomplishment. have you quit University-wide Faculty committee memberships? Why not let the students know publicly. (That is, if the wonderfully involved student's actually care anymore, which is another story entirely.) And what about the request that was to go before Acting President Regan? Was it lost in the morass of acting presidents at the University? Why no, our own SBA president finally got around to presenting it to Mr. Regan this week, only a month after the issue was raised and the letter tc -egan requested. The "manpower drain" request, as it is called, centers around the lack of faculty members that devote full time to teaching duties, and requested from the University three new bnes in the budget for professorial positions for next semester, and nine new lines in next year's budget. All indications are that this - by AI Dragone formerly hot issue will join the ranks of the good intensions and lost opportunities unless some real pressure is applied soon. The problem lies as much with the students as with anyone else. Don't you realize that this school and your education are a reflection of the kinds of thought and action that you involve yourselves in? If the majority of the students sit back and do nothing, the school will do the same thing, only 44 freshmen voted on the issue of whether to retain the SBA representatives that were appointed by the senior SBA reps until the end of the spring semester. The vote was 23-21, to keep them. This is participation? Is this the kind of concern that will ensure a vaiable and workable government among the students? So now the freshmen have the smallest of a minority consensus for their class representatives. Not only is the fact that only 45 freshmen bothered to vote deplorable, but those who did decided to waive the right of elections for the freshman representatives. They voted to keep appointed representatives and have no elections at all. The turnout of the upperclassmen is only slightly better than the freshmen's. If there is any wake up. thought that the SBA is unimportant The very apathy that you may think shows your contempt for the organization is just what makes it more powerful. If the students at large are not willing to concern themselves with any of the issues that are presented, that gives the SBA the - freedom to take all the action and become the voice, accurate or not, of the wishes of the students. Actually, the SBA will only reflect the wishes of the SBA if nothing is done by the majority of the students to prevent this. For a start, there should be more publicity for the various referendums that are held, information available on both sides of the issues, and, most importantly, a followup on the results of the implementation of the results of the referendum, with perhaps a report to the students and to the faculty. Maybe this would put a stop to the "referendum syndrome." Grading reform at last Tdoay the faculty will vote on the grading recognizes the advantages to them that the system provides. Putting a number grade that even committee proposals that have already been overwhelmingly endorsed by the students. Yes, remotely resembles fairness on an exam answer is the students have come to the surprising something that blind justice,' although often realization that the present grading system, which invoked, can seldom insure. puts most emphasis on the results of one three If the faculty adops the no number grade, no hour test for each course, and puts a number on ranking system, the days of UB Law School everyone to aid our sense of identity, is archaic Factory may be numbered and a new attitude, and destructive of the real reason for any kind of one that places knowledge above numbers, may education. Surprize! We are here to get an even emerge. With pressure for a grade off the and we don't mean just a legal education students, they may even do more than memorize not to get stamped with a number a list of facts and education then call themselves ready to that places us in a little pigeonhole from which become lawyers. There is more to life than tort we can never hope to emerge. feasors, in case anyone cares to look around. The students thankfully have seen the inequities of the old system after all, they have In connection with the grading reform issue, lived 'with them for a long time. Even those who the faculty must be congratulated. Because of haven't faced these inequities in law school yet, their usual postponing of anything important, the freshmen, recognized the problems they most of the students will be leaving their —— - would have to face with the specter of a "class rank" looming in the future, ready to pounce with an unfavorable position that will be a ready-made indicator to potential employers that no matter what their actual ability who cares about that will ensure that none of the employers will come knocking on their door. The question of whether the faculty will respond to the decision of the students still remains open. It seems unthinkable that any faculty member would vote against the grading changes. A clearer mandate would be hard to imagine, and certainly besides the inherent advantages of the new system the faculty also — - respective homes today with no idea which grading system they will be coming back to in January. Although surprizes are nice, this is one we would prefer to forego. No student should have to be ignorant of such an important matter as the grading system that he is under. As soon as a decision is made by the faculty on the grading system, and there is no reason why that will not be today, every student should be made aware of the results, if necessary by individual letters to his home. The state of ignorance that will we be in if no steps are taken to inform us of the faculty's decision not only makes for a dissatisfied student body, but also an angry one. 'Once upon a time there was a Congressman named Charles. Charles represented a good little goy district n upstate New York. Charles was a good little obediant Republican and warmed the hearts of his good little Republican constituents every time he voted against those Communist things like the Poverty Program. Charles was a very conservative little Congressman from a very Conservative little district. Then one day Charles woke up and Robert Kennedy was dead. Enter Gov. Rockefeller to perform a bar-mitzvah. Now old Uncle Nelson is a shrewd man. Most people in his own party thought he was too liberal and most Democrats thought was unreliable and not really a liberal. So here he was in a he dilemma. The Republicans saw him the wrong way and the Democrats saw him for what he was (or wasn't). Charles looked like an excellent choice to fill the vacant seat in the Senate. When they complained, Nelson could explain to the conservatives that the boy was really a conservative and he could then haul out his House record. To the raving liberals, he could argue that Charlie was very young and therefore was very liberal. Nelson thought he had struck.gold. It was, of course, fool's gold. Charles E. Goodell, boy-liberal, is, after all of the shallow glamor is stripped away, neither a boy, nor is he a liberal. He is merely a rather inept politician trying to get reelected and become the Republican Bobby Kennedy. at which ceremony he After his elevation to the Senate Sen. recited reverently the phrase "today I am a liberal" Goodell began to outfit himself in the trappings which he grew He liberal. some sideburns apparently thought would befit a the longest in the Senate bought some wide ties and talked almost irrationally on almost every major issue. This was apparently Sen. Goodell's idea of a liberal. From the beginning, Goddell was a liability to Gov. Rockefeller. In a rather crude attempt to grab the limelight in a hot political year in which he was not even running, Goodell proceeded, in fall 1968, to criticize the presidential candidate from his own party (remember him?). In a campaign such as last year's and for someone in Goodell's tender position, this was a rather stupid thing to do. Goodell has still not learned his lesson, he is still criticizing the President and trying desparately to act like a liberal. He is the best weapons that the Democrats have against the President in this state. He makes extravagant proposals that have absolutely no chance of happening. The Senator's strategy is juvenile. He knows that there is no way for a Republican to be elected in New York State without a gimmick. Rockefeller's gimmick is money, Javits' is Judaism and a quiet liberalism. Javits always carries the normally Democratic Jewish vote in New York City and the tokenly liberal vote; he never gets the hard-core ghetto vote. Javits is a quiet liberal. He doesn't shout about it. Those who want to know will find out that he is liberal without him blaring it all about the country. Goodell could take a few lessons from Javits. His course may the get a few liberal votes which even Javits could not attract Paul O'Dwyer crowd, perhaps but in the process, he is losing moderate Republican votes (he might as well forget about the conservative vote). Next year is an election year for Gov. Rockefeller. For the fourth time he will be expending great sums in order to win a rather thankless job. Charles E. Goodell, a man who he thought he could trust, is a decided liability on the Rockefeller ticket. Goodell is not very popular with the party bossess who have been making menacingnoises lately. So as not to look like a rabbid conservative or an Indian giver, Rockefeller had to step in last week and overtly force Goodell down the County Chairman's throats. Normally Goodell would not have any trouble getting the nomination, but because of the imtemperate ranting he has been doing lately, Goodell may have to face an acrid primary. One would have to be terribly naive to actually believe that Charles E. Goodell, our battling senator (as he would likely have us believe) is really a liberal; not with all of the real liberals that we have seen. If Charles Goodell can change his cdnvictions as quickly as he can change his wide ties, then he is not the man of character that he would have us believe. One just does not change from a rural little conservative into Larry Liberal so quickly unless there is an ulterior motive like getting elected in a state where Democrats outnumber members of one's own party. Wide ties, sideburns and an unusually intense facial expression do not make a liberal. Unshakable, non changeable convictions, do - - - though. Opinion 2 THE presentation next semester. Perhaps the author should take this course so that he may be able to understand the problems of the black student and black people in general. It was with an understanding of the broad outlook of BALSA and the changing social trends that the SBA allocated funds to Bit must also be pointed out that this was not a hurried-up decision by the SBA that resulted in the allocation. Two sessions, which lasted over three hours each plus consideration by the Financial Committee was needed before a decision was made. I personally feel that the money will be well spent and BALSA will ultimately benefit the entire Law School by making all students more acutely aware of the problems faced by his fellow black students. JosephW. Bennett — — BALSA allocation defended In the last issue of The Opinion, an editorial critisized the SBA's allocation of student funds to the U.B. Law School Chapter of BALSA, the Black American Law Students Association on the grounds that the association is limited in membership. The following is a response to that editorial: DAMN ASTONISHING is indeed DAMN ASTONISHING. The authors of the article appear to lack the ability to focus in on the overall aspects of BALSA and its long range goals. The article smacks of racism; something that any intelligent, well-informed law school student should no longer be guilty of in this day and age. While it is true that membership is limited, whites are able to function in the areas of tutoring of disadvantaged children and adults and will be able to enroll in the course currently being prepared by BALSA and Mrs. Barbara Sims for - Vol. X No. 3 . OPINION Dec. 19, 1969 Editor-in-Chief: Marge Anderson Associate Editor: Joel Walter Staff: William Lobbins, Terry Revo, Al Dragone, Roger Burlingame Photography: Emil Warchol The Opinion is published during the academic year by the the State University of New York at Buffalo, School of Law, 77 West Eagle Street, Buffalo, N. Y. 14202, students at �SBA fails to endorse Tibbies Civil Rights Today Greenberg's topic by William C. Lobbins the State University to have a 2.0 total of administrators and teachers. Here is how it works: Hearing of the adverse decision, Dean Angus requested a special meeting of the conctroversy over the association last week to explain university's appointment of Prof. "Assistant to the Dean his reasons for the appointment. Robert B. Fleming as University Tibbies is computed by the The Dean is reported to have Advocate, the Student Bar State University to a 1.0 said that the association's Association has sought not to administrator, Dean Angue is decision was "made without endorse the proposed computed to be a .5 total information." appointment of Lance Tibbies, administrator and a .5 teacher Still opposed to the assistant to the Dean, as an and Provost William D. appointment, the Student Bar assistant professor for the Hawkland is valued by Albany altered its position after its second semester of the to be a .5 administrator and a meeting with the Dean. The 1969-1970 school term. .5 teacher. Thus, the State group proposed: Asst. Dean Tibbies would computes the administrative to "Assistant to the Dean serve a one and one half year be 2.0." Tibbies should be appointed a term to begin in January, 1970, non-teaching member of the beginning with a teaching If Tibbies is appointmet an faculty. He should also be assignment of a proposed assistant professor, permitted to remain in his the freshman seminar. Tibbies would Administration will be as administrative post. In this way, continue in his role as assistant follows: he could be a .5 administrator to the Dean. and a .5 teacher." William H. Neff, president of Asst. Dean Tibbies: .5 The Student Bar also the Student Bar, said the administrator, .5 teacher, proposed that the Tibbies appointment was Interim Dean Angud: .5 stu d c nt-faculty ratio for the presently in the hands of the administrator, .5 teacher, freshman seminars in the second Appointments Committee. Position of Assoc. Dean: .5 semester be increased to He said Dean William H. administrator, .5 teacher compensate for the proposed Angus asked the Appointments Provost Hawkland: .5 switch of Tibbies to a Committee a month ago to administrator, .5 teacher. non-teaching professorship. or appoint consider the "R a ther than drop a appointment of Mr. Tibbies as The New Administration scheduled junior or senior an assistant professor for half a would thus equal 2.0 seminar or elective to free teaching term. A normal administrator, 2.0 teacher. another professor to take the teaching term is equivalent to a Mr. Neff said that the position that Tibbies would have three-year period, Neff said. Associate Dean, who is expected occupied in the freshman Dean Angus asked that to be appointed from the seminar program, we propose Tibbies remain as assistant to present "little f" faculty,"would that Tibbies' proposed position the Dean while assuming the give Dean Angus a hand with not be taken," Neff said. "We assistant professorship. duties of the office of the suggest that one or more freshman students be assigned to Mr. Neff asserted that one Dean. He explained that prior to each seminar." reason for the apppointment It is thought that the was that it would result in the June 1969 there was an creation of the position of assistant dean. "The vacancy of appointment of an associate the of associate dean post has next semester would assure dean Associate Dean. He explained that the appointment would increased the work load of the presence of an administrator would have gained a Angus," Interim Dean who enable the Law Schooll to hire Neff certain amount of experience an associate dean and result in explained. The before a new dean is appointed. Appointment Committee the promotion of Tibbies to the asked its two student committee "It is important that the new faculty. Senior Richard I. Dean have someone present with "Present State University representatives Furman and Junior Murray J. the experience of an associate policy will not permit the Grashow to report back to the dean," Neff asserted. school to hire an associate dean Student Bar and obtain the An undisclosed student because we have our quota of association's representative said the Tibbies opinion of the administrative staff for the appointment of Tibbies. matter was "as hot as it was" year," Neff said. "If Tibbies is Shortly thereafter, the because of the withdrawal of appointed part professor and Student Bar met and voiced Prof. Fleming. "We want to remains in his administrative strong opposition to the Tibbies insure that all students receive position of assistant to the appointment. experienced professors," he said, Dean, we would have room for representatives directedStudent its two especially freshman students another part professor and Appointment's Committee who need the well-trained, administrator." envoys to vote against the experienced and devoted The FAaculty is permitted by appointment. teacher." Amidst smoldering In his discussion of "Civil Rights Today," JackGreenberg, counsel for the NAACP, cited the development of the civil rights lawyers' use of the law. Mr Greenberg addressedlaw students 10 part Dec. as of the Distinguished visitors forum. The beginnings of civil rights lawyers was in 1948, Mr. Greenberg said,-a modest start with very few lawyers.Especially in the South, he noted, there were very few Negro lawyers at this time. The problem of segregation in law schools,Mr. Greenbergsaid, was dealt with by the courts, which did not rule against segregation as such - these cases. The courts instead ruled that the facilities or lack of them were insufficient to provide an equal training. Therefore equality had to be allowed by admission of Negroes to the established white law schools. Mr. Greenberg commented that the courts tried to avoid passing on the question of segregation in dealing with educational equalities. However, he added the landmark case of Brown v. Board of Education in 1954 was the tip-off that the real issue was segregation and that this issue would have to be met. The next phase of the movement, according to Mr. Greenberg, was the incorporation of the Brown decision into the local districts. This resulted in difficulty because the Supreme Court was still ahead of the president and Congress in the field of civil rights. The results of this conflict between the courts the other branches of the government were the confrontation atand Little Rock, Arkansas and the beginning of the youth movement in civil rights. in - With the early sixties came the sit-ins and freedom rides, Mr. Greenberg said. "In defending during the prosecution of people involved in sit-ins in the small local courts, the lawyers were faced with presenting constitutionality questions concerning the First and Fourteenth Amendments." The Supreme Court ruled in favor of the defendants on the breach of the peace cases," Mr. Greenberg noted. The Supreme Court next decided the cases concerned with trespass. Trespass was mostly based on segregation ordinances which were held to be illegal and therefore thrown out in favor of the defendants. Around the time of the Bell v. Maryland, in 1964, the courts saw a tendency toward dissident dissent and started holding back on being so quick to reverse state decisions in an attempt to slow down the chain reaction, according to Mr. Greenberg. Turning to the issue of defense ofdissent, Mr. Greenberg said that there is a difference between legal, peaceful dissent and violent, disruptive illegal methods. He asserted that there is a need to show this difference to the courts to avoid the courts' treating all forms of dissent as the same. Karpatkin discusses Selective Service System Speaking on the Selective Service System and the courts here Dec. 3, Marvin Karpatkin, director of the American Civil Liberties Union, noted that currently there Is a "selective service revolution in the courts." Mr. Karpatkin was one of the speakers in the Law School's Distinguished Visitors Forum. The 'revolution" was the "One happy thing to report" by the ACLU director in his analysis of the recent history of the Supreme Court decisions affecting the operation of the selective service laws. He centered on three principle areas that are being litigated now: non-religious conscientious ' objection, punitive re-classification of United Nations Conference. This trip was financed by the U.N. and Mr. Karpatkin cited the famous Seeger case in his discussion of the Associate Dean James A. Moss will be making an He noted that in that unanimous decision, the court said that one measure, Mr. Karpatkin cited a does not have to be case that is currently awaiting traditionally religious in order to decision in the district court of qualify for the CO. status, but Rhode Island. He said that must have "parallel beliefs". Bruce Murray, a Peace Corps However, the court "did not volunteer working in Chile, quite reach the non-religious, signed an "anomalous" atheistic objector." Mr. statement calling for Karpat m predicted that "before negotiations in Vietnam. The long there will be a decision in statement was published in a the Supreme Court where the newspaper in Chile, as a result question of an equally sincere Mr. Murray "got canned, sent but non-religious objector will home, and got a 1-A classification." be squarely presented." Turning finally to the Moving to the area of punitive reclassification, Mr. overriding question of the constitutionality of the draft, Karpatkin said that the "overt use of the drafting power for Mr. Karpatkin said that it comes punishing political dissent from the legislative power to started four years ago against raise armies, set out in Article students at the University of one of the Constitution. However, he explained, Michigan." He mentioned that Section 10B(3) of the Selective "studies show that there was Service Law "expressly limits not one iota of constitutional judicial review of Selective support by the framers of the Service action. It the West constitution to give power to Indies. The first conference in raise armies by conscription. The only reference to a draft this series, "The Meaning of that was made by the framers To illustrate the use of reclassification as a punitive was that it was so repugnant to - Selective Service and the Courts Marvin ACLU director, calls for the the abolishment of draft in speech to law students. Karpatkin, a free people that it need not even be discussed." ''A draft can only be justified when there is a true and total mobilization of manpower," he added. Commenting on current trends that he sees in the system, Mr. Karpatkin noted that "administrative lawlessness continues to proliferate and grow... there is still tight-handed control from Hershey's office. "But somehow things have changed in the last three years. Three years ago it was almost impossible to win a Selective Service case. Now the fact of the oppressiveness of the war and the draft is beginning to reach the judges and affect them. There is the realization that the Selective Service is not sacrocanct, and a general feeling that the virtues of the administrative process have to be rethought." Commenting that the ACLU position is that "the draft is an * unconstitutional violation of personal liberties, "Mr. Karpatkin concluded that "nothing is going to be improved until the whole damn system is wiped away." 3 Opinion �Student-Faculty Relations Board to be set up Spring semester Pending action by the faculty sometime during January, a Student Faculty Relations Board will be set up next semester. Strongly approved in a student referendum last month, the Board's future is now in the hands of the Student Faculty Relations Committee, headed by Professor Joyce. As passed by the students, the Board will consist of three students and three faculty members. The student members will be elected from the student body in April of each year, following the same procedure that is used for the election of SBA executive officers, understanding and an ever-improving rapport amongst NeT WeIGHT by Terry Revo on which no been taken was every-imporving rapport amongst Recently a memorandum on grading proposals was distributed resolution." The the members of the Faculty of faculty was requested to quit all to faculty and students. It is a product of a student faculty Law and Jurisprudence and to University-wide communities and committee which has been functioning for approximately a year implement under its powers all the University was asked for and a half. The report concerns itself with the disparity in the grading system, the inequities of the ranking procedure and programs granted to it that additional budget lines for more discontinuities of the eligibility requirements. The proposal substantially affect both faculty members. students and faculty." According to SBA president contains many excellent points which I am sure were given the greatest consideration and thought. Sincere thanks and One of the major duties of Bill Neff, "the faculty voted 'in commendation are in order to the individuals who devoted their the Board will be to conduct a spirit' with the students' course and teacher evaluation concern and interest in taking time and effort to this worthwhile endeavor. each year, with the evaluations action on this matter, but they I criticize the committee's great wisdom in revising the grading published each spring. The have not taken any action on system on only two points. First, they did not go far enough and evaluations "should provide, at a their own." second, their justifications, although valid, do not encompass minimum, the critical possibly the most importnat reason for the grading change. In our information a student might use The requests of the students in determining what course and were presented to Acting progressive society of Chicagos, Vietnams, Nixonsand Agnews, and professor best suits his needs." President Peter Regan this week, military- industrial complex, the educational institutions are forced Another referendum that was almost a month after they were to be in the vanguard of social evaluation and change. It is their overwhelmingly passed by the approved. obligation to break the chain of mind-dulling, uncreative, viciously competitive, authoritatively disciplinarian and self-inhibiting experiences heretofore called education, which presently channels many of us into cubically alike jobs in government and business-contemporary education being the process in which you the members of the understanding and an students -and action has yet the "manpower Grading changes... -continued from page Iparticular courses, in legal relative competence of two writing, or in extra-curricular competing students, especially activities and competitions)." given the narrow range of The committee realized that averages in each class, they do the elimination of class rank encourage employers to choose would shift the burden of the person with the highest evaluating overall student grades." performance to the employer. The committee suggested The report stated that "this that its proposal of there grade burden should not be categories would convey a more by the law school if, assumed as has realistic picture of student been argued, class ranks are not performance to potential an adeuate and employers. "The employer measure either of meaningful would be given evaluations student pc rformancecomposite in law which are generalized, and he school or of potential would be forces to examine performance in the parctice of specifically where and when the law." student proved himself to be I no rder to provide the superior, rather than rely upon employer with some information a mechanical application of a about the relative performance grade or average." of each student, the committee The most radical proposal recommended that the Law offered by the committee was School attach to each student's its recommendation for transcript a graph of the range elimination of ranking. The and the clustering of grades report concluded that "class within each course in which the rank is not a meaningful student enrolled. measure of composite student The committee's report performance because it does not summarized the less adequately control for other thoroughgoing, recommendations important variables" such as the for grading reform which had type of elective courses which been proposed within the past the student selects and the few years. An ad hoc student particular grading habits of faculty Committee on Grading, under the chairmanship of professors. Sssuming that class rank is Professor Robert Fleming, made not a meaningful composite several widespread posposals last measure of student performance, spring which encoun4ered the committee report noted that widespread student opposition. "ranking Members of the current has the disadvantages of possibly Grading Committee include misleading the employer and of Professor James Atleson, encouraging him to ignore chairman; Professor Kenneth aspects of law school Davidsion; Professor Adolph performances in particular Hpm b vrger; Ernes I F erullo, courses, in performance that are senior; Peter Bush and John not reflected in ranks (e.g. Estoff, juniors; and Vincent superior performance in Tracy, freshman. ' get repressed, suppressed, oppressed, compressed and depressed a la Arlo Guthrie. In a word, education in the progressive sense means living. Living means learning, relating through meaningful experiences and practice, self determination, freedom, community and a sense of self-actualization. To this end I feel the proposal has fallen just short of its goals. It is my belief that the purpose of education is to learn. It is therefore the responsibility of an educational institution to provide best possible environment in which this may be accomplished. This environment should be one of freedom, community, sharing, discussion and quest for knowledge. The process should be a cooperative and amongst everyone associated with the institution. It should be one where each individual progresses at this own rate and determines by his own evaluation, in reference to those surrounding him, when he is capable of proceeding onward. It should be an environment in which a person learns because he is interested and wants to understand, not one in which he learns to pass a test, to receive a distinguished grade, to please an instructor and/or a future employer, or to effect a superiority over fellow intellectuals. Grading, ranking, and arbitrary eligibility requirements are all contrary to this concept. If this resembles the ancient theories of learning, i.e. Plato and Socrates, it is only because it does. the Jack Greenberg, NAACP Council, is escorted into the Law School by senior Norm AIvy. Mr. Greenberg addressed law students as a participant in the Distinguished Visitors Forum, a committee of the Student Bar Association. Mr. Greenberg's topic was 'Civil Rights Today. " See story, page 3. ' In conclusion, I would suggest that we form a committee An adage used by Vista aptly communicates my feelings relating to your involvement in the process: "If you are not part of the solution, you're part of the problem, Think about it!!" Library hours The library will be open the following hours during Christmas vacation: Dec. 20 Dec. 21 Dec. 22-24 Dec. 25 Dec. 26 Dec. 27-28 Dec. 29-31 Jan. 1 Jan. 2-3 Jan. 4 Jan. 5 , 4 Opinion , 9-5 closed 9-5 closed 9-5 closed 9-5 closed 9-5 closed regular hours Oblkl Jeff While makes a - Senior of students in the of UB ROTC class. Fellow prosecutors include Eli Schmuckler, Joe disruption to study the implementation of this progressive educational system which is beginning to find a rebirth in many of our colleges, universities and progressional schools. Although not as all-encompassing as it might be, I strongly recommend passage of the committee's proposal, because I feel that it is a good strong # step in the right direction. Trengati and Joel Walter. point at arraignment charged � 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, 1969-12-19 Alternative Title An alternative name for 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/8dff823bd4fab829cea7610a464714ff.pdf ab1639cefab5a4ce39d9bb7ae1e6d4a8 PDF Text Text THE Volume 11, no. 1 OPINION State University 'New Breed of Law Student' Prompts Program With the aim of "bringing the new breed of law students into contact with the bench and bar". Erie County Court Judge Joseph Mattina and Professor Herman Schwartz have launched an experimental "Student Law Clerkship Program" in cooperation with U/B Law School. As conceived by Judge Mattina, the project is an attempt to channel the "constructive affirmative activism" manifested by today's law student into a program of mutual benefit to the student and the bench. According to Professor Schwartz, the students "will see from an inside perspective how the system runs". Professor Schwartz sees one of the program's beneficial aspects as enabling the student to take part in the system from a practical point of view. Origination of the Idea The idea" for the project originated from Judge Mattina's *deep concern over the widening gap between the "new breed of young lawyers" and the extablished bench and bar. This new breed is more concerned with the social aspects of the legal system than with its attendant material benefits. The judge notes the tremendous change in today's law student from those at the time he graduated from law school fourteen years ago. While Judge Mattina stated that a mutual respect between young lawyers and the bench is required, he hopes to break down the barrier of "awesome veneration" surrounding the The program would accomplish this by "giving the law student a chance to understand the judicial process anil the people in It." bench. Discussion of Issuesand Ideas The nature of the clerkships would call for a close relationship between the judge and the student clerks. Professor Schwartz stated that such discussions would "extend well beyond the specific cases". The discussions would involve direct and indirect references to current societal problems and the ability of our legal system to cope with them. According to Judge Mattina, the student clerks will discuss current students prepare cases and ideas. The will be required to legal memoranda on problems facing the court. Also, will be asked to draft decisions and observe the progress of trials. Together with his clerks or New York at Buffalo Law School October 20, 1970 Election Today Freshmen today will select six representatives to represent Ihem on the S.B.A. Board of Directors For the coming year. This marks time in two weeks that the class will vote. week the election of Mike Dzjak, Gene Gorfin, Judith Kamph, V.Y. Lewis. David Sands. and Dianne Woeppel was declared invalid by the Election Last Committee. Several reasons were listed in the brief written by the head of the Committee for the invalidation. These included the validity of the form of the write-in ballots cast, the manner in which the polling took place, and several other conflicts with normal election procedure. Several persons objected to the validity of the balloting before the decision was reached for a new election. PRESIDE-NT Boh Penny ax lie comes nut Budget Committee Monday, /story on page S.B.A. .?/ Starting work on the project this past Monday were Richard Pariser of the Law School and Larry Clarke of the School of Rehabilitation Counseling. They will be joined by twelve other students from the University within the next month. According to Clarence Sundram, executive secretary of the program and assistant to the coordinators, there are four basic parts to the project. Each part is aimed at alleviating certain types of problems of the inmates at the institution. Part one is concerned wilh the legal problems of the prisoners. This area will he handled primarily by Law students. Their duties will be to help the inmates with their criminal and civil legal difficulties. of Students' Draw a Blank On 1 c>7o Wednesday September 16. night of May 7 request that a news conference was held buckshot be brought onto the by the Concerned Law Students campus. The Governor's office said that and for Peace. 5.U.N.Y.A.8., and the Judge Mattina will constructively analyze the student's work for Cooperative Service Project Initiated for Inmates A new program of legal and social service for inmates of the Erie County Jailhas been initiated by the Erie County Sheriff's Department and the State University of New York at Buffalo. The program, which is funded by a grant from the Harvard Council for Law Related Studies, is one of six similar programs being carried on across the country. meeting 'Concerned Law New regulations procedures have been Niagra Frontier Chapter of the implemented to insure a fair New York Civil Liberties Union concerning the alleged "shotgun" form as well as content. As election. Among these are the incident of May 7. 1970 on the presently set up, the students random placing of names of University campus. meet with the judge on alternate candidates on the ballot and the After the alleged incident on weeks. For their work the rule that no write-ins except those the university campus a group of students will receive academic written in the handwriting of (he law students headed by Dick credit. voter are acceptable. In the last Rosche commenced an Two Students Chosen for Pilot election five of the six candidates investigation. Evidence during this Project elected won through the aid of accumulated investigation included: 78 On the basis of their "academic printed non-official ballots. eyewitness accounts of the events. acheivements and leadership medical reports of several students qualities" Professor Schwartz has treated for pellet wounds, perforated windows in Norton Un ion, several shotgun shells recovered, anil photos of wounded studenis and of the vehicle from which one shotgun was fired. This evidence, The "social broker" program is Rehabilitation Counseling, the according to the "Concerned Law the name given to the second part School of Social Welfare, the Students" shows that the shots of the project. Its object is to aid School of Medicine and the were tired by Buffalo Police prisoners in coping with their School of Education. Students officers. social problems. Students here participating in the program will The ''Concerned Law will attempt to identify particular work not only within their area of Students" felt that the best way problems of an inmate, then try to use this information would be to find an appropriate agency specialization but also in to present it to various agencies which can handle the problem, associated areas. This will enable who could conduct a more and finally, bring the two them to gain an appreciation of intensive investigation. These together. Students from both the the complex problems of several agencies included local officials. Law School and the School of related fields. Governor Rockefeller's office, the Serving as joint coordinators of Justice Department of (he United Social Welfare will work on this phase of the program. the program are Professor Herman States, and the Federal Bureau of Schwartz and James Manak. who Investigation. The responses from Part Three of the program is are both members of the Law these agencies were anything but stage. It will still in the planning School faculty. Students working heartening. assist in bringing medical in the Legal part of the program Buffalo Police Commissioner treatment and consultation to will be under the supervision of Felicetta answered the charges in inmates. Students from the while those in the a U.P.I, story, slating: "1 would Manak Mr. School of Medicine will staff this "social broker" part will be just as soon forget what happened area. supervised by Reverend Carl at the Buffalo campus that night. Continuing research into ways Burke, who is the Chaplain at the There are more Importtint (hings that the program may he made Brie County Jail. going on thai we are concerned more effective in its object of There will also he a number of about. I don't think we should furnishing aid and counsel to consultants who will assist with revive the issue." prisoners will be the object of the Felicetta also claimed on May special These include fourth part of the program. This is Professorsproblems. Louis Swartz and Lee 14 in a Buffalo Evening News necessary. Mr Sundram Teitalhauni Ihe Law School. story Ihut: ". Shotgun pellet of emphasized, so that the primary Dr. Bernard Greenhlatt of Ihe a in niu nit ion was not used or purpose of Ihe program, service to School of Social Welfare and Dr. possessed by any Buffalo police the prisoners, can he William Deßoo of the School of officer assigned there." accomplished. Counseling. Rehabilitation The "Concerned Law Any student who is interested Studenis" answer Ihis with signed Several Schools within the University are involved in the in working on the program should statements of an attorney and a program including Ihe Law conIact Clarence Sundram. He university administrator who stale School. the Shoo I of may he reached at Hs<»-43« 1. IllUt they heard police on the fulltime legal clerk, Peter Curtis, from . since the evidence was sent to the Federal Bureau of Investigation they would not "duplicate federal efforts". The Federal authorities did not interview or discover any other witness or evidence. The hoped for in-depth investigation has never been conducted. The "Concerned Law Students" ended their news conference with a request for adequate investigations and the issuance of public reports on their findings. Since nothing had been reaped from their requests for help, the students ended the news conference slating: "ll becomes increasingly difficult in such an atmosphere to convince students that efforts within the American system will bear fruit. This process, in fact, has increased the trend toward alienation of the students with the result being that sludents are turning to more radical solutions to their legitimate grievances." Two weeks after the news conference The Opinion asked Dick Rosche what has happened since September 16. ll>7o. Mr. Rosche said that the only concrete result so far has been a Buffalo h'vening News editorial calling for an immediate investigation and a release to the public of the results of this investigation. Mr.Rosche also said that a letterwas received from the Governor's office stating that there was Insufficient information and that the local government would have to handle any investigation. This was characterized as "passing the buck" by Mr. Rosche. A telegram was also received from the Justice Department stating that the evidence was inconclusive and that their findings would have to remain secret. When asked what his group intended to do, Mr. Rosche said there was nothing additional planned, adding: "Nothing is going to happen", it's like "healing heads against the wall." �THE .. 2 Editorial President's The election process which had somehow loitered along lor main years here at the Law School finally broke down last week From the dusl of the disaster have risen several reforms which are being initiated today in an attempt to restore this vital institution. The quick and responsible action of the Flection Committee is 10 be commended. However, we hope that these patchwork attempts are not the final efforts to correct this bad situation, It is obvious that additional reforms are necessary, Foremost of these is the need for stricter regulation of the voting and the polling place. Just as important is the necessity of fair play and equal opportunity among candidates. A pre-election meeting of all the candidates where both rules and resources could be discussed seems in order. At a time when the quality of our elected representatives is becoming increasingly important to us all. serious attention should be directed toward insuring their fair and democratic election. The Opinion begins lliis new academic year with hopes of being a semi-weekly publication which can be of increasing value to ihe School of Law. We feel that ii is time ihat a School of our stature have both the internal and external communication necessary for effective growth and presiicge. However, the paper cannol succeed without yourassistance. Let's build together. Advice to Non-Scholars by Bill Mai Tivman When one begins to study law. there is the feeling that even though ihe subjeel matter is changing, the system itself is a permanent thing. To keep this tendency in balance one should always keep in mind thai there is nothing sacrosanct aboul the subject matter, nor aboul the system. Medicine will survive the demise of any culture: sociology probably would also: but law probably would not, The bomb might fall. The revolution mighi materialize from the fantasy ol those who believe. When you sil down in every class you should say to yourself: "This ail might he useless tomorrow morning." 01 course the odds are that it will be useful knowledge tomorrow and the days after thai. (If these were not the odds I would not be here.l practicality. It is in essence, learning one. way of accomplishing the goals of yourself and others within ihe structure of this society. The study of law. as opposed to liberal arts in undergraduate school, is something which is very practical. hut because il absolutely depends on the survival of a particular social system, il is ultimately. absurd. Any studeni has to work out for himself a set ol priorities which will determine, il nol his actual study habils. then at leasl his desires in this area. 'I here is the extreme of spending almost every conscious hour delving into all the possible sources which courses raise and there is the opposite extreme of doing the or the less. X previous outlook on the subject mailer. thai the choice would he somewhere in the middle. Getting honors makes a student feel very good, but so does going to the movies, and reading novels, and talking to others. If getting honors precludes these things then it is not worth Ihe effort. Ideally the life ol a studeni should be one of the mosi enjoyable. For mosi studenis. being al cither ol Ihe extremes lakes ail ihe joy oui ol absolute minimum seems logical, given . school. Since this article Is might be added Hk.il basically (hose law read si udents who cease lo anything hut law become miopic and if not poorer lawyers in [he long run. then poorer human beings than they might have been. Withoul a doubt, (he hest investment of a lo go lo class. iry student's time is Professors always they consider cover what to iniporiain and logically enough. exam questions are also based upon what the same professor considers important. M any students skip class because they feel -thai they can get things on their own. [his almost always lakes longer and gleaning information from other studenis notes is a hit or miss method. From sheer practicality, it a student inlends lo invest the absolute minimum ol time, he should skip the outside work and go to class. President Announces Committee Assignments SBA President Boh Penny announced these committee assignments for 1970-71. Assigned to ihe Budget and Program Review Committee are R. Penny and P. Cardon, to the Appointments Committee. Murray Grashow and Bob Blazak. to the Professional Program Committee, Grace Blum berg and Bob Barber, and to the legal Studies Program Committee Pete Bush and Yin Tracy. Also assigned to committees are Sam Rabkin and Shelly Gould, Research and Special Programs Committee, C, Davis. G. Goffin, li. Riley and P. Hurley. Faculty-Student Relations Board. Joe Keele. Building Committee, and George Riedel and Fred Gugino. Internalional Legal Studies Committee. Harry Wymati was assigned to (he Library Policy Committee, Clancy Graltoand Rose Hamlin to (he Scholastic StandingCommittee, and Grace Blumberg to the Minority Studeni Program and Committee. More appointments will be made later to thai committee. G. Reidel was appointed an assistant to the Faculty-Student Committee on Placement. Professors Buergenlhal. Homgurger and Laufer were elected lo the GrievanceCommittee. October 20, 1970 OPINION Letters To The Editor Corner divorce Itself from any political activities and life propagation of [he upcoming weeks Ihe propaganda lo qualify as a lax S.B.A. Board of Director!) will he exempt orgainzation). ulloculing over Sf 0.000 lo various This is jusl a sampling of the organizations lor llie present problems and considerations ihe academic year. I lie major [ask Board of Direclors will lake into before the body ihis year will be account in formulating this year's Mil- formululion of a policy as to budget. I cannot stress the whiti organizations are within the importance of each individual realm of the SB. A., and thereby student expressing his or her view merit funding. Over the last few to his S.B.A. representalive on years tliis issue has been bypassed how he feels his money should he hy last minute "politicfng" hy the spent. Directors. However. Ihe lime has Let me remind the student lhal come for the student body, and the budget is for the entire year not just the Beard of Directors, lo and not just for the semester. Let decide just how ihe miney should your S.B.A. representative hear he spent. your constructive ideas now, nol Some concerned students have your futile complaints later. Malcom L. Morris Dlreudy voiced displeasure over To the Editor; In is my hope thai ihe Opinion become a real communication device benefiting all Law students. 111 thai end 1 plan on keeping the members informed of S.B.A. activities through ihe Opinion forum. ll will Future Activities 1. The S.B.A. budget will be ihe next three weeks following Freshman groups reiiucsting elections. Al funds should make themselves beginning October 13th available on Tuesday mornings at 10:00 lo defend their budget requests before the Direclors in Room acted upon over 108, 2. A social activities schedule for the year will be made available to all sludents at Shirley's office. 77 W. Eagle St. }. The 5.8.A.. in conjunction with B.A.L.S.A. and through Ihe Minority Student Program Commit lee. is working to effectuate a policy that will insure for the present program a viable and (he future. Accomplishments. 1970-71 The body adopted the policy future procedure by the President for filling committee positions. After asking for volunteers and a statement from (he applicants outlining their iiualific.it ions and reasons lor wanting a committee assignment. the Executive Board and one! 1) Director from each class will then recommend lo ihe S.B.A. their eh o ices to r co m mitt cc assignments. The S.B.A. held an election for (he Alumnus of the year for 1969-70. The award was given to Willard Myers HI. An election was also held for the Faculty of the year award. The recipient of the award was Steven L. Larson. Elections were held on September 25, 1970 for the positions of Ist Vice-President of S.B.S. and S.F.R.B. student representatives. EI ected Isi Vice-President and S.l .K-B: representatives. C. Davis. G. Goffin, T. Riley, and P. Hurley. for . , the preliminary budget allocutions for the social committee, the S.B.A. banquet and "I.aw Women". In addition to these, there also appears to be some doubt as to whether the S.B.A. will be able to fund the Black Students A m c r ic a n Law Association (BALSA) and the Concerned Law Si mienIs for Peace because of commitments to New York Stale (aside from Ihe recent resolution presented by the New York Stale Board of Trustees, the S.B.A. has agreed to Treasurer.S.B.A. the Editor should addressed to The Opinion, W. Fagle St. Buffalo, NY. 14202. Letters must contain (he name. address and telephone number of the Letters lo be 11 sender, although his identity will be kept anonymous if Letters may be the Editor's at requested. shortened discretion. S.B.A. OPINION THE Vol.ll, No. I October 20. 1970 Editor-in-Chief Assistant Edjtor John R. Samuelson Kathleen Spaun Malcolm L. Morris Alan Snyder Business Manager Sports Editor Ed Orlando. Warren Rosenbaum, Jeffrey Sommer. Clarence Sundram. Elliot 'Tunis. Samuel Newman Reporters: Photographer: The Opinion is published semi-weekly, except for vacations, during the academic year by the students at School of Law. 77 West Eagle Street, Buffalo, New York, 14202. the SUNYAB, Treasurer Explains Student Funds In this special report to area, please conlact (he 2nd VP of Opinion. Malcom 1,. Morris. SItA the SBA Miss JoJo Seggio. Her Treasurer, explains how the law official capacity is that of liason student's activity fee is used. between the law school and main Upon receipt by ihe Bursar, campus. It is from the SBA treasury the Sl5 is divided into two sums. One sum of 52.50 is given to the lhal ihe activities directly general fund on the Main Campus: connected with Ihe law school are the residual amount of 512.501S funded, lis working fund for this sent to the M&T Bank where Ihe year should he about SIO.OOO. This figure could be $2,000 to SBA funds are housed. Il is from (his '$12.50 per 53,000 higher, but many students studeni per semester thai thehulk do not pay their bills until ihe end of the SBA (reasury is derived. of the year. The aniounl from ihe machine Commissions from ihe lounge vending machines and Ihe tower commissions vary. This sum is pay phone floor form Ihe usually small and only meets the administrative expenses. remainder of the treasury,. The funds sen! to Ihe Main Willi these estimates in mind. I. Campus enable the taw students as SBA I reusurer, make the lo have Ihe same opporlunily as preliminary budget. 'This entails undergraduates to obtain campus (he allocation of expected funds services, such as Ihe low priced in ihe organizations, associations Ihealre showings. The Opinion is and committees which have made now operating solely on monies requests. This year their requests funded by Ihe Main Campus. amounted to over 515,000. An In ihe past we have seen thai itemized list is on record in Ihe the law school, as a whole, is SBA .(Mice, receiving benefits equal lo and We now have Ihe self-evident above (he contribution il makes. proble m of S 15,000 reg nested information For further in Ibis and SI 0.000 available. ihe using his own discretion, looks at each request and decides which organizations merit funding. This is extremely treasurer, difficult, and not final. ar,e his initial decisions The SBA President inspects his views and prepares a financial statement of his own. These two reports are presented to the SBA Board of Direclers. six from each class, and Ihe officers. At a budgel meeting each request is then reviewed with represenlalives from the organizations. From this meeting the treasurer hopefully ohiains enough Information and sentiment from the direciers so thai he can formulaic a final budget, ihe final budgel is re-prescnled lo Ihe Board of Directors and approved. This system, although nol infallible, in the past has been Ihe mosi equitable considering the shortage of lime. 'The" process lakes (wo weeks. 'This allows the organizations In gel into "high gear" before ihe end of October. �October 20, 1970 THE OPINION Legal Observer Group Formed SUNYAIi Information Servucs Buffalo, N. V. -Who did probably one of Ihe mosi hoily debuted questions when il comes lo civil disorder. Often there are 100 few impartial witnesses to clarify exactly who was involved and what happened. In an effort to help correct this silnation, the Concerned Law Studenis for Peace (CLSP> of the State University at Buffalo School of Law have established a Legal whal"...is Observers corps. Made up of about 35 selected law sludenls. the Legal Observers will be available al no charge lo groups in Erie Counly who feel a need for and request their presence. The corps has been organized with the assislence of Herman Schartz. professor of law al the University, and Willard H. Myers 111, a local allorney and recent graduate of the Universily. According lo Richard Rosche. Ihe law studeni in charge of Ihe Legal Observers, the group will follow strict rules of procedure to insure their effectiveness and Impartiality. 'They will be available for on the spol assislance where groups anticipate or have an immediate need for the observers. Its first formal assistance will be in cooperation wilh the local chapter of ihe American Civil Liberties Union at Ihe Halloween Dance of Ihe Buffalo Chapter of Ihe Matlachine Society, a homosexual organization. Summer Jobs Prove Valuable Experience Tour LIB law students. David The (ISP plans to keep the Chiarolanzu, David observers a small group, according Barry Donalty. and M. Curlette. Richard J. lo Rosche. "We think that we will Rosche. participated this summer be able to work mosi effectively in lhe Urban Corps Program. as a small body." lie pointed out This federally funded program. thai the sludenl group hopes lo which originated m New York supplement the Civil Disorders City under Mayor Lindsay, began Country Committee of the Frie in Buffalo in 1969. The program Bar Association. The Bar aims to give potenlial government Association Committee, which is workers added experience and chaired by Douglas Kirkpalrick. is qualifications by involving them a group of about 75 allorneys in local urban governments. The established in 1969 as a result of a sludenls participate in a general Kerner Commission Report program and in a specific one in a suggestion. chosen field. According to Mr. Kirkpalrick. Dave Chiarolanza and Richard the Civil Disorders Committee, Rosche work c d with thc which has gone into action on Corporate Counsel Office. Barry several occasions during its Donalty worked in the Warrant existence, postions it's observers Clerk's Office, and David Curlette in the police precincts where was in the City Court's Clerk's persons involved in civil disorders Office. are being laken. The students plan All four students found Ihe lo have their observers on the experience "invaluable", and they aclual location of the problems or praised the personal responsibility disorders. they had and the discretion they Among the guidelines which were allowed to use. They said Ihe have been eslablished by the law jobs were a learning process. sludenls for their observers are thai they wear identifying armbands at all times, act only as observers, in no way attempt lo influence anyone from doing or not doing anything, apprehend no one, not give advice lo anyone who could apprehend someone breaking ihe law. help peoplebeing arrested by taking down information, name s, an d deslinations. Identify witnesses, and take depositions as to what happened and which individuals and policemen are involved. According lo Rosche lhe group has specially printed forms upon which observers will lake down relevant informal ion. He suggested thai the studeni observers in campus disorders would nol act as marshalls but would be present io insure thai studeni rights were Upheld. Statistics Penny Proposal Accepted by Committee Al a meeting Monday of the Advisory Committee on Studeni Budgets, a mechanism for handling doublful sludenl organization budget requests was adopted. The Committee', which serves as advisor to Dr. Sigglekow in his review of hudgels, chose to review each budgel which comes before the Committee with each member giving his opinion. These opinions would then be forwarded lo Howard Duell and Dorothy Haas, to whom the authority of review 'ia> been delegated by Dr. Sigglekow. S.B.A. President Bob Penny, who authored the adopled mechanism, explained thai this would allow the Commit lee to Ottinger Appears Rep. Richard Ollinger appeared at the Law School yesterday as part of the Distinguished Visitors forum program. He delivered a short address many and then answered questions from the gathering. An article about Mr. Ottinger and his student committee here at the Law School will appear in the next issue of the Opinion. make fairer decisions than other mehtods, such as voting whether A second year student. David Curlette. who was a Judicial Research Assislenl lo the Buffalo City Court judges, said his position provided "not only a first hand view of judicial discretion bui also a fine background in substantive the law of New York." lie addid ■'with merely one year of law school as a background I found myself, al first, Ivewildered as lo the available legal sources and I heskills necessary for their proper use."' . defendants. The two sludenls working in the Corporate Counsel' Office deali with ambulance ordinance revision, census research, briefs on antl-bussing laws and police line-ups. obligations of Lhe municipal Housing Authority. for zoning problems, permits assemblies in Allentown parks. international policies. Ihe summer positions in lhe Urban Corps were secured by application to the Financial Aid Office. SUNYAB. lhe students received a three doll.v hourly wage. Students Promote Goodell Visit curb free discussion of each controversial budget and thus limit the Committee's usefulness as advisors. The Committee, which consists of representatives from the Law School, the Medical and Denial Schools, the Graduate Student Association, MillajjrJ Fillmore Collc ge, and tit c .■> tud c n 1 Association, was formed in order to advise Presidenl Keller in his decisions whether particular student organizations fall wilhin the guidelines set up by Ihe New York Board of Trustees in their resolution lasl week. Also on the Committee are administration representatives Howard Duell, Dorothy Haas and William Greiner. A fourth member to he named from the faculty is lo be announced later. A full explanation of lhe new review procedure for student funds will be published in the next issue of the Opinion. wrong time " Scnaloi Charles Goodell was Fighl against the ad hoc committee called Buffalo Senator may have been referring co-leader ofIX.theCrime Hill, with its Law Sludenls for Goodell is in part to a recent interview with repressive provisions tor wiretapping. Buckley ol the New York headed by second-year sludenls lorn Jim Schwan. liric Byne and Larry Times in which Rep. Ollinger im-k nock a iul prey en l ive admitted having written onh ,one Scharpiro. lo vole against Ihe ll><.'» The commitlee's first function piece of legislation in his six years senators a\m\ 1970 Mililar) Appropriations was to help organize the Oct. 5' in the House. Bills. Goodell rally for Goodell in Lafayette Ihe Taw School Square. Their efforts of pulling committee contends that Goodell lhe Taw Sludenls for Goodell up posters, passing out leaflels. is not a "routine liberal" bill a working with sound (rucks, etc. man of leadership who has written until the November election. All was evidently successful since a 44 pieces of legislation in his 22 interested students have been months in the Senate. Ottinger's large crowd turned out. At ,the rally Senator Goodell record is one of co-sponsorship replied lo vice-president Agnew's biller attacks on him as lhe leader of "a group of radical-liberals." The senator said that il must be fun lo think up words like "effete snobs" and "rotten apples" but such phrases do not help solve the problems. Goodell said thai New Yorkers will no I c led "a packaged candidate" like Otlinger. He where he agrees lo lend his name lo bills that others have written. according to the committee. Also speaking al Ihe rally was. New York Mayor John Lindsay and singer Brook Benton. Mayor Lindsay lold lhe cheering crowd. "Il was Charles Goodell who forced the Senate lo ask itself what lis responsibility was for an endless war (hat never should have scholarship, and for charily, lhe president. Mrs. Roberl Blaz.ak. whose husband is a junior, feels Ihal with lhe aid of their S.l yearly dues, "our social funds can lie earned by ourselves." They have not. as far as she knows, received funds from (he SBA in Ihe pasl. 'Their problem is understandable. To be effective one needs And yet there is a question of priorities. II they have not been an effective organization in ihe pasl. should they now receive funds from ihe , The Law Wives, whose membership may reach one hundred and twenty-five women I his year, want funds for speakers, for a stretched He does however feel the experience was noi all positive. Rosche said that those in city government with the power were reluctunt or opposed to taking action on Ihe problems of race and hiring practices, pollution. police misconduct, political ha rassmen I and sludenl problems. Ihe program. Rosche feels, gave him insight into the real prejudices which dominate many individuals in ihe government. The general program which was open to all members in Ihe Urhan Corps, included seminars with administ ral wrs. led ures by counciliuen. and meetings with American and foreign sludenls where views were exchanged on polnics. sludenl movements, and Donalty wroie up Information, which he obtained by police interviews and through private citizen complaints, for the City Courl Judges' use in charging SBA. budgel'.' Rosche fell the was informative and beneficial, lie said. "The law studenis were regarded as equals with lhe other attorneys. The sludenl opinions were given full weight." experience Arrest warrants, summons and subpoenas all originate in the Warranl Clerk's Office and all criminal actions are initialed there. 'Law Wives' a tighlly Buffalo. Richard Through his clerk work in the warrant Clerk's Office. Barry Donalty said that he learned the various functions of ihe whole city courl process, "which." he said, "was something i had never known before this past summer," Law Wives The Law Wives, an organization perhaps of interest to the married students in lhe law school, has added their request of S 1.000 lo the many financial requests under consideration by the money. interpretation of the Model Cities minority hiring obligations, and a n opin i on .i nt he consi iiut ionalily of banning leaded gases within the city of A group of Buffalo Law c h arged I hat Congressman studenis have organized lo help Ottinger "has done very little on to accept or rejecl each budgel. work for lhe election of Charles his own in six years" in lhe House Mr. Penny fell thai voting would Goodell lo the U.S. Senate. The of Representatives. The Junior making 3 SINATOK OIAKI.rS (iOOI)l 1.1 ami M'W Y»rk\ Mayor John iialixy m ttilk with v ht-al vuiiifiiuyn worker (tiny tltcfr irtrm li'm in Buffalo. Llmlxvy rally Senator Goodell was the first lo introduce lhe war in Asia: while Rep. Ottinger. according lo Goodell's committee, opposed his attempts to reassert Congressional l authority over war-making member of legislation In end '> Southeast powers. Ihe committee further pointed out thai as recently as Nov. 19, |9(i9. Ottinger said. "I do not udvocale precipitate unilateral withdrawal-nor do I support Ihe proposal of Senator Goodell for a fixed timetable of withdrawal. Bolh of these proposals play into Ihe hands of the most militant com m unisl c lements. risk a bloodbath iii Saigon, and 'would probably upsel ihe balance of power in Southeast Asia." I n IMGS. Ottinger defended President Johnson's Vietnam policy as "one of I he of gre.itesl ads statesmanship in world history." After lhe rally, a number ol law sludenls joined the Senator al luncheon al (he fund-raising a SlatTcr-llilton. He spoke and I hen questions from lhe answered �October 20, THE OPINION 4 SPORTS Shysters Win in Court by Alan Snyder U.B. Law's football team, the Shyslers. won their second straight their record so far this season lo two wins and no losses. The win. over a slrong Sammy fraternity team, convinced many that the Shyslers are on their way to another winning seas The Shysters were champions of their league lasl season with a seven win and one loss record, and came into Ihe new race seasoned veterans. However, earlier I his year in rookie camp several brighl prospects were called upon. "Two new ends. Doug Roberts (Cornell) and Stu Revo, who sat out lasl season in a contract dispute, proved good enough to break into the lineup. Don Hale, a king-si/e rookie, is at blocking back and so far he is doing his share of hilling. game last Wednesday (o bring Registration Statistics Reflect Change This may surprise many sludenls who were here lasl year. lull this year the school managed lo squeeze 4X more studenis Into 77 West Eagle Street. Considering lhai a few sludenls last y:ar predicted lhat with an increase in enrollment we would find some professors holding classes on the Erie County Building lawn, Ihis year's rise from 483 to 531 sludenls is pretty remarkable. According lo Mrs. Dean of the Registrar's Office, the classes With the defense secure. Shyster quarterback Marlin went back to work and took the team ninety yards on four plays for their second touchdown. Lee Ginsburg caughl both the touchdown pass and the pass for the extra-point making the score 13-7. However, "Sammy" scored again on a broken play and pushed ahead once more 14-13. Playing, a superb game, and undaunted by Ihe task ahead, quarterback Martin outguessed his opponents by constantly mixing his calls. He began by Ihrowing several passes to "RAbbit" Revo who was throwing more fakes than a phoney magician. Then, when lhe "Sammys" were forced to double coverage on Revo. Martin Ihrew to center Mark Rosenthal for what proved to be the winning louchdown. At this point the defense of Parmelia and Snyder on the line, linebacker Solomon and cornerback Bob Levale made a determined stand. Although the last few minuies were hard fought, wilh tempers flaring on both sides, there was to be no more scoring and the Shysters went on to win 19-14. The Shysters play every Wednesday on the Main campus and all are urged to attend. There was a special game with a team from lhe "Who Knows League" on Friday, October 16th. The opposing team was the Chosen Children who were led by Captain Malcolm Morris. On the roster were such notables as David O'Conner. "Sugar Bear" Rodecker. "Scrubby" Novak, and Tom "the Bomb" Nolan. Coaching the Chosen Children was novice coach Jeff Delaware Park. Advice to Sommer. The (cont'd, from page 2) involved in other activities or to simply enjoy life. It will not involve long nights and weekends of bookwork. This leads nicely into the conclusion of this article, which is, that the student should enjoy his life. Do those who view school as a means of competing with others and are driven to excel enjoy themselves? The question lo ask yourself is not "Should I become a lawyer?", but "Do I like being a law student right now?", Any persons interested in ADVERTISING in THE OPINION should contact Malcolm L. Morris, business manager, The Opinion, 77 W. Eagle St. Buffalo, N. Y. 14202. three poinl system median college average of year's freshmen is 1.83. a from lasl year's median of the this York State. Traditionally, law has not been a profession open to many women, but times may be changing. There are 26 women freshmen. In last year's freshmen class, there were, only ten women. THIS PICTURE ofthe crowdedhalf ofthe West Eagle Street building reflects tlte new characteroft'>e student body. Goodell said that while Ottinger opposes a conscientious objector exemption for those opposed to serving in the Vietnam War, he has introduced a bill permitting selective conscientious objection. selected Allan B. Norton and Joseph DiNardo to participate in the initial project. Professor Schwartz felt that these two students were "representa live of sludenl thinking". Both arc senior honor students at U/B Law School. Mr. Norton is an editor of the Buffalo Law Review, and Mr. DiNardo is a member of the "Concerned Law Students for Peace". Criteria for Success Judge Mattina states the prime criteria for the success of the program as a ''greater understanding for the individuals involved" in the legal system and the flow of nes ideas into the judicial process. If successful. Professor Schwartz stated, the program could make the judge's job a little easier and would offer a "good educational experience" to the students participating. Even with the success of the pilot project, the expansion of the program will ultimately depend on whether other judges will be component of a broader concept envisioned by Judge Mattina and Professor Schwartz to bring more relevancy into contemporary legal Eventually, Judge education. Mattina related, he would like to see "all relevant courses taught in the first two years of law school and the final year reserved for a period of professional internship". The judge is of the opinion that Ihe nature of the legal profession mandates a period of practical experience before entering into practice. While the majority of judges in the United States have no clerks, the addition of clerks, as Goodell also said that Rep. Ottinger's record shows on July 25, 1968 he voted to require colleges to deny federal funds to students who participated in serious campus disorders. Goodell has voted against this bill calling it an intrusion into academic freedom. Later Goodell stated that he opposed the "compulsory testing to catch drug abuse young people" and pretrial detention for treatment of narcotic addicts. Goodell voted for the ban on Judge Mattina, food shipments to the United would raise the standard of legal Arab Republic. He is the author decisions. The judge stated that in of an amendment providing for an this respect "a law clerk is airline boycott of any country absolutely essential for a trial harboring hijackers or hijacked judge". envisaged by inclined to accept student clerks. Envisioned as Part of a Broader Program This pilot project is a game was played in Non-Scholars Using this system of always being at least minimally prepared for class and attending all assigned classes, one'can be a good student and have ample time to be year's freshmen median was 553. On a rise break down into 206 juniors. 199 freshmen, and 1,65. 12ft seniors. Thirly-seven of the freshmen arcOppressed groups have a better deferred freshmen: mosi of whom in the are reluming from a term ill the representationper cent entering of the class. 15.5 Army. students. The median LSAT score of the freshmen are minority minority freshmen entering freshmen is 586: last There are 37 while only ten minority students in the combined junior and senior classes. Nineteen of the minority students are Western New Yorkers. Seven are from the City and eleven are from outside New in their first game the Shysters walked off Ihe field with the score nine to six in their favor. Although (he offensive unit failed lo impress, fine efforts were recorded by the defensive and special teams. Willi lhe score lied nothing to nothing early in Ihe first half. Alan "Mad-stork" Snyder (Bridgport) crashed through the offensive line lo catch Ihe quarterback in lhe end zone for a two poinl safely. In Ihe second half, rookie sensalion Doug Roberts, on a single reverse of a punl. ran it back eighty-five yards for a touchdown. A second later Dan Martin (Buffalo) connected with "Gentle" Tom Parmalie (Clarkson) for the extra poinl. Although the Shysters record now stood at 1-0. they went into their second game heavy underdogs, for they were facing a very slrong "Sammy" fraternity team. The scoring started early With their star quarterback Dan Martin hitting center Mark Rosenthal (Miami) with a twenty-five yard touchdown pass. The "Sammys" came righl back to score and go ahead 7-6 as lhe Shyslers has bungled their chance for righl back io score and go ahead 7-6 as the Shysters had bungled thier chance for the extra point. But the young lawyers were not to be denied. Outlined against a Jerry Solomon (Buffalo) was outstanding in blitzing and breaking up the plays of the opponents while single safety Lee "Hondo" Ginsburg played his usual fine game, breaking up the "Sammys" plans and also intercepting a fraternity pass. Tew present will be able to forget the play of Vinny Tracy (Providence) who showed traces of Lem Barney in his corner-back slot. 1970 Competent work is important. When three years are over one should be able to say that he learned enough to be a good lawyer, but it is just as important to say that it was a good three years of my life and I would do it again if I could. Beer Social As the turnout al the second S.B.A. Beer Social showed, the frequent event is quite popular with the student body. The last social, which was held October STUDENTS anxiously await tapping of keg at the recent Beer Social Bth, was well attended with the amid rumors and memories of long delay. lounge crowded with thirsty young lawyers. However, the purpose of the recommend a Social was hampered by the constant review of material. almost complete absence of Perhaps this is the best way to faculty members. It is a shame obtain honors, but il is also a very that such a good opportunity time consuming process. If your for students and faculty to object is lo obtain passing grades socialize on an equal basis is and lhe adequate legal education wasted through (he that such grades imply, constant non-cooperation of the faculty. necessary. review is not There is one thing, however, that is A reporter to the Opinion. necessary. This is; do all assigned who chooses to remain work on time. Forget about ananymous, reports that all was recommended material if you like; not lost, however, as the facully forget review; but don't fall behind on assigned work and share of the liquid refreshment always do that which is discussed was donated lo a very worthy cause. in class. Most professors THEIR I\.t\RS allayed, all rush in to enjoy the brew. � 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, 1970-10-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/20/1970 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/0f609ec8cca8b803b4c699bb887a6586.pdf f07238c2dfb90b3a4744843cee316ca7 PDF Text Text THEOPINION Volume 11, No. 2 State University of New York at Buffalo School of Law Moot Court Faces Harvard in National Competition On November 1 I, three of the Moot Court presents an 'interesting' challenge." The three Board members have assured The Opinion that they have not given up hope and will do their best to represent Buffalo Law School in this competition. The competition consists of writing an appellate brief on a mock record compiled by the National Committee. The record for this contest-concerns a libel suit, and the main issue appears to involve freedom of speech. The briefs must be presented to the National Committee by November 1 and arguments on the briefs will be made during the weekend of the 13th. improper voting procedures. - must prepare a brief and present oral arguments in a court room setting. In conjunction with this Freedom for Inmate Two students from the release of an 86 year old man who had been confined at the Mattewan State Hospital for the Criminally Insane for nearly twenty years. The two, Warren Rosenbaum and Clarence Sundram, wrote the brief as a project for Professor Herman Schwartz's Problems in Correctional Law seminar last semester. The case involved a man who was arrested in 1950 and charged with the murder of a fourteen year old boy. This charge was founded on the testimony of a co-defendent. The court found him incompetent for trial and sent him to Mattewan State Hospital. His co-defendent was tried, found guilty, and executed in 1953. The man made numerous motions for a speedy trial, but all of these were denied. He then moved to have the indictment, which was the basis of his confinement at Mattewan, dismissed. This would have necessitated his tßansferral to a civil institution. The District Approximately 50 ballots,he said, were straight Independent Law votes. A few ballots followed the Progressive Party line, but the majority of the ballots were mixed. There was, Mr. Penny said, a In the second election with 132 ballots cast, Mike Dziak, minor "protest to the protest Gene Goffin, Judith Kampk, party," for some students crossed Yvonne Lewis, David Sands, and the Independent Law Party names Cindy Gleason were chosen SBA from the ballots. He also sensed a representatives. All the new reaction against the woman representatives, excepting David candidates. Although four women Sands, ran on the Independent ran for representative offices, Law Party Platform. some ballots were cast for only men candidates. The party was formed, according to Gene Goffin, in an David Sands, a candidate who attempt to have candidatesrun on successfully ran without party "issues instead of personalities." support, was asked if he felt any Goffin said that after deciding to qualms about future opposition MOOT COURT team members Dave Eldredge, Pete run on issues, one is left with with his fellow representatives. He Gilfillen, and Jeff Frank prepare for the upcoming finding the best method to answered that "any continued competition. present them. Thebest melhod is. dispute with the Independent Law according to Goffin, the "party Party members indicates a The board faces stiff competition the Moot Court continued healthy environment". structure." competition in the preliminary Board is planning to conduct a Healthy or not, the SBA is now round and, as Pete Gilfillen puts Moot Court Seminar. This will The election of five functioning. it: "Facing Harvard is not going to consist of a group of sessions to Independent Party members, Law make it any easier." acquaint students with briefing who ran on a special write-in The three competing members and how to present oral ballot, in the first balloting caused were selected from the eleven arguments. This' is still in the considerable response. Three member Moot Court Board. These planning stage and nothing candidates who had run eleven are selected during a definite has been decided by the mdep c ndently the first time i n t-L-un v r a 1 M-e o4- Court Board. around banded together and Competilion held in April. This formed the Progressive Party. competition is open to all Buffalo Results of the National They, however, lost again. Law Students. The participants Competition and further Students' Brief Wins University of, Buffalo Law School prepared a brief which led to the Freshmen Elect Representatives After two elections, freshmen directors were seated at the SBA Board of Directors meeting October 23. The first freshman election was invalidated due to members Board, Jeff Frank, Dave Eldredge and Pete Gilfillen will represent Buffalo Law School in a National Moot Court Competition held in Boston. This school competes in a division consisting of all law schools in New England and upstate New York, There will be eleven schools participating in the Regionals in Boston with five teams receiving a bye. The drawing was held in Boston and no representative of U.B. Law School's Moot Court Board was invited to the drawings. As a result of these drawings Buffalo's first round opponent will be Harvard Law School. Many of the Board members are pessimistic about their chances against Harvard. As Jeff Frank puts it: "it October 30, 1970 Attorney refused this motion. The New York Civil Liberties Union entered the case at this point. Bruce J. Ennis of New York City contacted Professor Schwartz and asked if there were students who would be interested in researching the case. Professor Schwartz referred the case to Mr. Rosenbaum and Mr. Sundram. any According to Mr. Sundram, they prepared a brief for habeas corpus which alledged that the indictment had to be dismissed because of the violation of the defendent's right to a speedy trial and the impossibility of a fair trial twenty years after the alleged crime. They further stated that the continued confinement under the fiction of holding him for trial was tantamount to punishing him for a status over which he had no control, which is unconstitutional according to the Supreme Court decision in Robinson v. California. District Judge Marvin agreed with their and ordered Ihe defendent released from Mattewan. Federal Frank'-al analysis information on the Moot Court Board will be reported in The Opinion. Budget Meeting Today The Student Bar Association will finish considering budgets today organizations for for student the 1970-71 academic year. The meeting will be held in room 108 and is scheduled to begin at 1:00. All are urged to attend. Cindy Sielske. a loser by a handful of votes in the first election, joined the Independent Law Party and won Ihe second time. She said she discovered during the first election that "The Independent Law Party and I were in agreement over basic philosophy on what the SBA's function should be." She was asked to join the party and she did. She denies there will be any block style voting: "Dissent and individualismis expected." Bob Penny, SBA president, noted some voting tendencies. NEWLY ELECTED freshman representative David Sands who was only independent candidate to win. An Open Letter To Our Readers With this issue we are initiating what we hope will become an increasingly valuable function of The Opinion. This week approximately one thousand copies of the first two issues of Tlie Opinion will be mailed out to what we call the "legal community". This will include alumni of the University of Buffalo School of Law, law firms, judges, law schools, undergraduate schools, political and social leaders, and others whom we feel are important to us as law students. The purpose of this is two-fold. We believe that it is important that others know both what we are doing and thinking at our law school. At a time when student views are often distorted and misunderstood it is vital that a responsible means of communication be established between them and the persons in the "legal community" they will soon join. We also believe that it is equally important that the "legal community" be able to speak to the student. We are hopeful that many points of controversy may be resolved through written discussion. In addition, there can be no underestimating the wealth of information which the student can gain from such communication. To these ends we hope to establish as one of Th c Op inion's primary roles a forum for communication between the "legal community" and the law student. We are soliciting from all parties articles and letters concerning legal, social, and political issues. We will attempt to be receptive to all viewpoints and to be fair in our selection for printing. There are no "sacred cows". Articles should be limited to three typewritten double-spaced pages. Exceptions will be made in order lo print those of special merit. Letters should not exceed one typewritten page. No anonymous articles or letters will be accepted. Send articles and letters to: The Opinion. 11 West Eagle Street. Buffalo. New York. 14202. John R. Samuelson Editor. T)\e Opinion �October 30, THE OPINION 2 Editorial The Student Bar Association last Friday began consideration of budget requests by student organizations for the 1970-71 academic year. At that meeting about half of the budgets were considered with the remainder scheduled for this Friday. At a time when student funds are so at issue it is interesting to note that only ten students bothered to attend the meeting. Because of the nature of the budget requests, the Directors expressed the need for student imput in order for decisions which reflect the student body's feelings to be made. It is hoped that students will take advantage of their only opportunity to question the allocation of their funds and attend the S.B.A. Budget meeting this Friday. Further, the necessity of informing your representative of your wishes is evident. The Student Bar Association can function only as well as the support it receives allows. Without notice last Monday, members of "Law Wives" for several hours manned the small Prudential Building office, which is currently shared by four student organizations the SBA, the Opinion, the Bail Release Program, and the Concerned Law Students for Peace. Without authorization, the women composed their organization's newsletter at the only office typewriter, which a student was waiting to use; and then, also without authorization, mimeographed their publication on SBA equipment. Should students involved in recognized organizations be inconvenienced while members of a non-student organization, which is not recognized by the SBA, use the equipment, materials, and limited space which have been paid for by law students? — THE OPINION . Vol. .11, No. 2 October 30,1970 Editor-in-Chief .... John R. Samuelson Assistant Editor Kathleen Spann Business Manager .Malcolm L. Morris Circulation Editor George Riedel Sports Editor Alan Snyder Reporters: Jeffrey Sommer, Clarence Sundram, Warren Rosenbaum. Photographer: Samuel Newman Columnist: Bill MacTiernan The Opinion is published every other week, except for .vacations during the academic year by the students at the S.V.N.Y.A.B. School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. 1970 Grading Problems by Bill MacTiernan When this law school decided to do away with the numerical grading system a year ago there was a great amount of discussion about the consequences, but that discussion, at least in its impact. was far removed from the first year class. They liked the idea, and they voted for it, and we have it. A few drawbacks have shown themselves and I believe that they bear commenting upon. The first is the feeling among the good students {not the excellent ones) that there is something wrong with getting Q's along with the average and below average students. Given the philosophy in my last article, one would think that this would be the last thing that would worry me. Well, consistency is a bore and this week I'm worried about it. It's a very frustrating experience to get a Q and have the professor tell you that you were on the H Where does this leave the good student"with a few H's andhimmostly with Q's? Right now it starts at least one strike against him. It is a natural tendency to resist the change and those who do hiring will most likely choose that schools from the graduates of have retained the numerical grading system, given any equality in the candidates. In the short run, the new grading system will probably hurt those students who are above average, but short of excellent. In the long run it will probably work out well. Most of the time it is a very satisfactory system. It does relieve considerable pressure upon the student. There is a policy which allows and encourages faculty members to insert letters of evaluation ,in the files of individual students. These letters will give more useful and more relevant information than any grade would indicate. Secondly, as hiring agents acclimate themselves to this type of grading system it is hoped that they will become less resistant to it. Thirdly, as more and more schools turn to this less competitive system or similar types, then as of necessity, its acceptance will be required by those who wish to hire law school graduates. The H,Q,U system may present it seems almost inevitable that these will be overcome. In the future its benefits will inure without the drawbacks of today. problems, but Letters To The Editor borderline. A second problem in our system of grading which has no class ranking, is with those companies and government agencies which hire and pay by class standings. There is a notice for F.C.C. interviews which lists two starting salaries. If you're in the top third of the class or you can show "other superior achievements", then you start at $2,000 per year more than other graduates. This type of hiring policy presents no problem to the very top students in the class. They, along with the very bottom, are know to the administration and they can easily obtain recommendations. There is no ranking of students in a class any longer and Dean Tibbies has assured this writer that as long as this policy is in effect the school will not make statistics on U's and H's available so that prospective employers can do their own ranking. To the Editor Professor Steven Larson was denied a recommendation for tenure by the Tenure Committee of the Faculty of Law and Jurisprudence. It is our opinion that Professor Larson is one of the best teachers whom we have had in our experience as students. He is always prepared, always interesting, concerned about his students and dedicated to teaching.. He is always receptive to discussion about his subject, the law school and the profession in general. It would seem that the school would want to retain a professor who is concerned about teaching, as is Mr. Larson. Especially in light of the aloofness of many professors who teach here. One criterion usually used for evaluating a teacher's proficiency is his ability to publish. Professor Larson has, concededly, been deficient in this area. However, we feel that Professor Larson's ability to teach far outweighs this lack of publication, as is evidenced by his election as teacherof the year by the very students he taught. Leonard Berkowitz Alan S.Gould Letters to the Editor should be addressed to The Opinion, 11 W. Eagle St. Buffalo, N.Y. 14202. Letters must contain the name, address and telephone number of the sender, although his identity will be kept anonymous if requested. Letters may be shortened tifrSPftfoni at the Editor's A Law Student's Experiences In Political Campaigning-1970 by JeffreySpencer Political campaign involvement by law students can be one of the most rewarding experiences of a law school career. Furthermore, it can be a decisive factor in the success or failure ofa political candidate. With theidea that a better society is something to do something about, not just something to talk about, I became involved in the local campaign of Ned Cuddy, the Democratic-Liberal candidate for the 40th Congressional District. My motives for this involvement were similar to those of many others. Last spring, after the invasion of Cambodia by U.S. forcesand the killing of four students at Kent State, students from across the nation were sparked into a frenzy of activity aimed at protest over our nation's involvement in Southeast Asia and our sense of national priorities. Our President had vetoed a domestic appropriations bill of $500 million for schools, hospitals, and heart and cancer research, calling it inflation, while at the same time supporting the expenditure of $30 billion for the senseless war in Southeast Asia. Many began to wonder why a relatively small amount of money to help the people of our country was inflationary while $30 billion spent in killing people was not. The radicals pointed to these events as evidencethat there was no hope for the system and vowed to destroy it. Others, feeling that any attempt to overthrow the system was itself hopeless and/or that the system might be worth saving, decided to work within the system to elect candidatesmore responsive to the needs of the people. The following comments are my personal observations and evaluations from my experience in working for one particular Congressional candidate, Ned Cuddy. Ned Cuddy, a teacherof history and government at a local college, received the Democratic-Liberal endorsement for Congress in the 4oth District. While not 99% pure perhaps in the eyes of left-liberal students, he represents a clear alternative to the incumbant, Henry P. Smith 111. Smith has consistently given his support to most of the Nixon administration's policies and proposals, showing little initiative or independence in his six years in Congress. He voted to uphold the veto of the domestic appropriations bill, supports Nixon's Vietnam policy, and his votes on pollution legislation have earned him a "poor" rating by the League of Conservation voters. In contrast, Mr. Cuddy has called for a reordering of national priorities and the rapid withdrawal of our forces from Southeast Asia. In addition to having a position favorable to most students, the need in the Cuddy campaign for workers because of lack of funds makes it an ideal place for serious students to apply their energies. Since the regular party organization is in debt from the last campaign, it is unwilling to contribute to an unproven candidate. Ned has no personal fortune, as Mr. Smith has, and has barely been able to scrape together enough money for a brochure explaining his position. In the spring the prospects for student involvement looked encouraging. Caught up in the wave of activism following the Cambodian invasion and Kent State about two-hundred students committed themselves to work for the Cuddy candidacy/ However, in the few months since then, most forgot their earlier enthusiasm. At the risk of being called a heretic by my generation I must state that most students seem to be just as apathetic as the older generation they so roundly criticize. Social concern seems to be something to "rap" about over coffee or beer but not something to act upon. Out of the two hundred students who initially themselves to the Cuddy Candidacy, less than fifty have been willing to do anything at all. In attempting to get them to help out for a few hours on the weekend, 1 received such responses as: "I just don't feel like it" and "I'm going to the football game." In calling most students apathetic and complacent, I do not mean to play down the work of dedicated students such as the Concerned Law Students who truly expend 'Vnuch effort to work for their ideal of a more equitable judicial system. I am just relating my observations of student effort in the campaign 1 am working. committed Furthermore, to be fair, it should be pointed out that most non-students who probably sincerely committed themselves to work for Cuddy could not "find the time" when it came to acting on that commitment. As law students, it is particularly unfortunate to decide not to participate in an election campaign. Lawyers have traditionally been one of the most active groups in politics. One reason for this probably is a natural desire to help create the laws after studying what they are-with all their imperfections. Moreover, there is a great deal which a law student can do in apolitical campaign. In the early months prior to the election there is much research to be done on the voting record of the opponent if he is an incumbent. This is necessary because the challenger always has the burden of proof and because the incumbent has an unquestionable claim of experience. The voters must be shown why he should be unseated. In building your case against your opponent it is also necessary to research any public statements or press reports made by him. You must know your enemy, both his strenghts and his weaknesses. Once the record of your opponent has been analysed, alternative proposals have to be researched and drawn up so that your candidate can present to the voters a viable alternative to the weaknessesof the incumbent. In this area the special training of the law student is especially helpful. The drafting of proposals for a change in the laws or in public policy requires either knowledge of the present laws or publicpolicy or at least the research ability to investigate them. A proposal for something which is already 'on the books' may make your candidate look foolish indeed. Creative proposals for attacking the many problems which beset our society can be a major factor in making your candidate attractive to the Throughout the campaign your candidate will be questioned by the press and the voters on the major issues facing the district, the community, or the nation. As a law student you may have expertise in a particular area, such as pollution law, and be able to voter.^mt-ttic continued on page 4 �October 30, 1970 THE OPINION MinorityStudents Face Crisis 3 Legal Aid Clinic: A Place For Student Involvement Thirty-eight junior and seniors Thirty-seven minority Apparently, when questioned freshmen at the Law School have found themselves in a serious financial crisis which, if not solved, might terminate their law school careers and cripple an innovative attempt to increase the number of black attorneys in the United States. The students, who come from as far away as Louisiana and Biafra, arrived early in September by the students as to the amount of the aid they would receive, the recruiters mentioned that students the year before had received from were disappointed, however, as no funds were available. This posed an immediate problem for several of the students who, expecting aid, had left jobs and spent their last reserve funds in traveling to Buffalo. Two of the studentshave been forced to leave the program and return home. The rest of the students are presently in a difficult position. So far they have received short term loans of $100 each from the U.B. Foundation through the Dean's office. These must be repaid by Christmas. In addition the Black American Law Students Association (BALSA) has distributed $200 to each of the seven most needy students. This money came from the University's Office of Minority Student Affairs headed by Dr. Al Berrian. For the remainder of the year the only money that the students can presently expect to receive is the taxable $1200 from the Law School's work study program. These funds were not available to the students until six weeks after they arrived. However, the Faculty Minority Students Committee, which is chaired by Professor Joseph Laufer, has been endeavouring to raise funds to ease the situation. Their goal is to raise $2000 per student. According to Dean William Angus, there is a "good possibility" that the funds will be raised. The situation arose from the major drive initiated last year by the Law School to increase the number of incoming black freshmen. In 1969 there were nine black freshmen giving the school a total of eleven black students. As a result of intensive recruitment thirty-seven minority students were enrolled in the freshman class raising the total number of black students to fifty. It was the form of the recruitment which seems to have caused the problem. Three or four minority law students were hired by the administration to travel as far west as Michigan and as far south as Louisiana to promote interest among black students in attending the U.B. Law School. They were empowered to promise only that minority students would have their tuition wavered and that there was a good possibility of receiving a substantial amount of aid in the form of a work-study The work-study program upon which the minority students are depending is financed primarily by the Federal government through' the Department of Health, Education, and Welfare. The Law School initiated the program this year and was able to obtain permission for sixty-five students to participate. Eighty per cent of the funds come from the Federal government with the with the expectation of receiving substantial financial aid. They $2000-2600. These figures are inaccurate, as only one student received more than $2000 last year. On the expectation of receiving aid in this amount, many of the minority students left jobs and incurred debts in order to travel to Buffalo to begin study at the Law School. are in the Legal Aid Clinic, a three credit elective under the direction of James Manak, this semester. The clinic places students in the Legal Aid offices and involves them in other Legal Aid projects. Legal Aid gives the services of a lawyer to people who cannot afford attorneys' fees. There are guidelines based on income, liabilities and family size which determine a person's eligibility for Legal Aid. Legal Aid's main office is located at 310 Walbridge Building. This office is financed by the Buffalo and Erie County United Funds. Here attorneys work in the four areas of Civil, Public Law Guardian and Appeal. Students are involved in these four areas. The students interview clients, do legal research, and prepare pleadings, complaints and answers under the supervision of attorneys. There are five attorneys in the Civil division, five Public Defenders, two Law Guardians and four attorneys working on Criminal Appeals. Typical Civil problems pivot around land lord-tenant relations, consumer problems, matrimonial and family court cases, welfare and bankruptcy. Criminal cases are handled by the Public Defender and all criminal appeals concern the Appeal Division. The Defender, Criminal University's Minority Student Program and the campus disruptions in the spring caused many of was significant as the program receives four dollars in Federal funds for every one raised through private contribution. The administration was not aware of the minority student's expectations until their arrival in September. BALSA, when they realised that the program was experiencing some difficulties, sent out a letter dated July 16th saying in effect that the financial situation did not look good. Although this was fair warning to many of the students, one did not receive his letter until the day before leaving for Buffalo. Others, realising that this was an opportunity that probably would not come to decided to take a come anyway. them again, chance and The view of the students, as expressed by BALSA President William Lobbins, is that the Law School, through their recruiters, made a promise to the minority Lobbins, is that the Law School, through their recruiters, made a promise to the minority of professional advancement to people who have been educationally and culturally deprived and who still believe that they can advance in this society is an inhumane injustice if the offer has not been adequately pre-planned, financed, and well administered", continued on page 4 program. Police Recognition? At a legal observer meeting last Friday, Dick Rosche, head of the legal observers, commented that "the first legal observer has been recognized by the police." A law student in the process of observing some pamphleting at Bishop Fallon High School last Friday morning was arrested. Later in the day, the charges were dismissed. Identification tags and arm bands, which are more official looking than the legal observer identification the arrested studeni was wearing, were distributed at the meeting to the students who will be observing in the future. The arm bands, in the dark. incidently.glow on Poverty" program. Economic or social conditions keep many people in need of legal assistance from coming to the main office. The Neighborhood Offices attempt to bring legal aid to the people who need it the most. The clinic also places some students in the Law Reform branch of Legal Aid where attorneys are looking for and preparing test cases. A group of remaining twenty per cent coming from private contributions. Negative publicity about the the private donors and alumni either to cut out or reduce their assistance to the program. Particular objections wereraised about the changes in the scholastic standing requirements. The reduction in private funds Law Guardian works with Juvenile Delinquency cases. Third year students can try cases in all courts if a lega' aid attorney is present. This semester is the first semester that students have tried criminal cases in City Court. Next semester, according to Mr. Manak, third year students will try criminal cases in the County Court. In each of the four Neighborhood Offices in Buffalo there are four students and two attorneys. These offices at 148 Eaton St., 367 Niagara St., 481 Swan St., and 281 Ridge Rd. are funded through the federal "War AT WORK is Chuck Genese, one of four students assigned to the Niagara neighborhood office. tenants in a given situation may be represented in a lest case or a whole class of people in a welfare situation. Apart from the field work, the students meet with Mr. Manak for weekly seminars. An Examination of New York's New Off-Track Betting Law . Representing the traditional by Thomas Segalla moral opposition to the approval The New York State legislature of this legislation, Governor on April 22, 1970, enacted Thomas Dewey thought that it legislation which 'established " .would be an indecent thing off-track pari-mutuel betting in for government to financeitself so the state, apportions the earnings largely out of the weakness which to the state and municipalities it had deliberately encouraged." which choose to participate in the The proponents contended program, and reimburses the state that the legislature's primary and local governments and concern should be with the affected tracks from possible loss overburdened taxpayer and not of revenue due to the legalization with the moral issue. The of off-track pari-mutuel betting. opponents contend that the (New York Off-Track Pari-Mutuel legislation should be concerned Betting Law, eh. 143-45 1970 woth preventing harm to individuals who cannot afford to N.Y. Laws 193.) This statute amends New York bet in the program. In reality, State's prior law which however, individuals place betw specificially prohibited whenever they desire and thelocal pari-mutuel betting not conducted bookmaker will fulfill what this within the confines of a race track program doesn't. and further ends the disfavor off-track Legalizing toward unauthorized betting pari-mutuel betting would channel (bookmaking) evidenced by the this gambling urge into a program penalties of the New York Penal beneficial to the state. It should Law. It is estimated that be noted that a survey of the bookmaking operations supply British and Australian programs organized crime in the United shows an increase in gambling but of States with revenue between no adverse effect on their welfare $6-7 billion and that a total of programs. $15 billion is passed by way of The proponents contend that illegal off-track bets. Although the realization that moral issues these figures are only estimates. are not of primary importance they give some indication as to could result in effective progress the magnitude of the bookmaking in the reduction of crime and business and allow speculation increased respect for the law, and concerning the amount of tax lhat needed revenue will be revenue that could be generated generated to help solve both by challenging these operations. economic and social problems. The ineffective enforcement of In balancing these notions, the present laws and society's legislature enacted the statute permissive attitude toward which authorizes the formation of gambling have promoted teh a bi-partisan state off-track development of illegal pari-mutuel Betting Commission. bookmaking operations. In The Commission is given the addition, the position that power to establish and conduct organized crime has gained in systems of off-track pari-mutuel society has been boosted by these betting on horse races held within together with the corruption of and without the state. public officials and the imposition Participation in the program will of nominal fines by the courts. It be governed by distinct categories. is within this context that the New York City may be approved New York State legislature by the commission upon request, considered the establishment of while other municipal governed by an off-track pari-mutuel belting part ici pa tion is population and authorization by program local referendum. The statute simply provided that general prohibitions and specific attitude toward gambling have promoted the development of illegal prohibitions of the statute are generally designed to provide effective and efficient administration of the program and to promote horse racing as a sport instead of as a totally commercial venture. The municipalities have not submitted any specific administrative rules and regulations to the commission for approval. However, there are several prospective regulations that will have an adverse effect on reducing bookmaking operations and the success of the program. One proposal is that the collection of the winnings will be postponed until the first business day after the race. This will prevent the bettor from "churning" an (replaying) his winnings inporlant part of the small - bettor's method of stockpiling his earnings. Connected to this method of betting is the ability of the bettor to secure credit from his bookmakers. The failure of the program to provide a credit outlet could decrease its appeal to both the small and large bettor. A solution to this problem might be to allow betting, where the would be able to draw against an account. Another prospective regulation is to operate the betting parlosr during the business hours of nine-to five. This will conflict with the bettor's work day and will encourage him to continue to place bets at the illegal source. Thus this will not significantly reduce the illegal bookmaking operation. Also, the large bettor is not going to want thc internal Revenue Service taxing his winnings and reducing his profits. deposit individual continued on page 4 �page four THE Revo Sparks Shysters' Attack SPORTS October 30, 1970 OPINION Public Interest Law Firms by Donald K. Ross (PubUc Interest Press Service} by Alan Snyder Sports Editor Some people say that lightning will never strike twice in the same place. If you ask the opponents of U.B. Law's football team. I'm sure they will tell you different. In the past 2/: games (the third game was called because of rain) Stu "Rabbit" Revo has caught not two. not three, but five touchdown passes to lead the Shysters to two more victories. Needless to say. at this point Revo is the team's leading scorer. However. Revo will miss the Shysters next game because the front office has sent him south to do some recruiting with special attention to be paid to finding a place kicker. In the game against the BrontOS, Dan Martin hit Revo with three touchdown passes as the Shysters won handily 20-6. The extra points came when Martin "hit Tom Parmelie with a pass for the first one and when Vinny Tracy threw a chest pass to Revo off a double reverse. The defense proved difficult to penetrate with the opposition scoring at the last minute on a kick-off return. Special note must be made of Lee Ginsburg and Jerry Solomon who have been outstanding on defense. In the game against the P.J.s which was the second half of a double header, the Shysters again came out victorious 7-0. Once again the winning touchdown came on a pass from Martin to Revo. At this point Revo showed his style as a triple threat. Having proved his ability at running plays and catching passes, he now unveiled his talents as a passer by hitting Mark Rosenthal for the extra point. The game, which was close all the way, was marked by two outstanding plays. The first was a. fifty-five yard punt by Vinny Tracy at a crucial point in the game. The second was a block of a "P.J." punt by 64" defensive end Alan Snyder. This was an especially difficult feat as there is no rush on a punt and Snyder had to time his jump at the line of scrimmage. The two victories were shaded by injuries to the team. Doug Roberts came up lame with a pulled muscle in both his legs as did Don Haight. Alan Snyder pulled some cartiledge in his chest and may be out for some time. While playing the doubleheader football game, the Shysters learned that the club was sold to Peter Burke, a senior, for his old notebooks. Everyone is extremely satisfied. associates to spend up to 15% in public advocacy and the of their billable time on pro rejection of corporate practice, bono work. Still-the flow of there are still many corporate A student note soon to be new lawyers is away from attorneys and few public published in the Yale Law traditional corporate practice. interest lawyers. Journal defines public interest The explanation for this is The reasons for this trend are lawyers as those who represent not difficult to perceive. An simple. Public interest lawyers the poor, political and cultural increasing number support themselves. cannot of graduates dissidents and unrepresented have realized that a small There simply is not enough common interests, like consumer measure of pro bono work and money available at this lime to and enviornmental protection. It S 15.000 a year are not finance more than a few private embraces areas as diverse as sufficient compensation for 40 lawyers for the unrepresented in poverty law, conservation, hours a week of corporate each major city. Public interest radical politics and campaigns practice. Young lawyers who firms' clients, by definition, are for corporate responsibility. It vote and talk liberal have had unable to pay for their services. includes old civil liberties difficulty reconciling their Foundations are unwilling to attorneys and new political manipulations on behalf of support firms that are not tax lawyers. corporate giants with their exempt. For corporations to This type of law holds great deepest beliefs. They realize that support these firms would be to attraction for today's law firms which encourage pro bono act against their own best student. In 1969 there .were ghetto work would quickly interests. 1200 applitiants for 250 reverse thier policy if their Law students who recognize Reginald Heber Smith young associates launched class this problem and want to do Fellowships. There were even actions against corporate public interest work cannot sit more applicants for the few polluters or sued banks who back and wait for job offers to VISTA legal jobs available. refuse to make loans to roll in. They must seek funding Despite the fact that many minority entrepreneurs or in new areas and from new students may have been seeking chemical companies whose sources. r3ew concepts of draft deferments, there are still pesticides infect ghetto residents practice have to be explored to great numbers of law graduates in far higher proportions than fit today's situation. No one can who would choose public do this except the lawyer or white .suburbanites. interest law over conventional Pro bono work which can future lawyer desiring to practice. alleviate an individual's establish and work for a public This conclusion is supported immediate problems with interest firm. by the decrease in the number traffic court or Possible funding sources do of Michigan, Harvard and runaway spouse is encouraged. exist. Unions have enormous Virginia graduates to name Considerations of time, ethics treasuries and their members three schools that have and the firms' certain and families are all consumers that go disapproval prevent pro bono and are all affected by published statistics into Wall Street type practice. lawyers from getting at the root pollution. Firms have raised starting causes of many of these Federations of consumer salaries, set up pro bono ghetto problems. Partners would not sit groups, following precedents like permitted by subsidiaries and idly while their associates the Automobile Club, could sued the corporate clients who support legal services for its supply the bulk of their income. members. Attacks on corporate Unfortunately, there are few irresponsibility, product and alternatives open to the attorney health hazards, pollution, etc. who rejects major firm practice could all fit under the category in favor of full time public of consumer services. interest work. Aside from Plaintiff anti-trust suits that government or legal aid work, have the potential for generating private there few firms large might be a possible are The Opinion has operated practicing public interest law on fundingfees source. thus far with a very limited a every full time basis. For 20 Numerous other possibilities staff. We are badly in need of graduates interested in public exist. Students who hope to reporters, proof readers, interest law, only position practice law in the public one layout personnel and is available. The ones that do interest must take the initiative re writers, other personnel necessary for a exist frequently demand a now and begin to work in first class newspaper. Remember, greater financial sacrifice than whatever ways they can to landlord? - HELP WANTED this paper represents you across many are able or willing to establish new public interest the nation. All interested make. Thus, despite the interest firms. John Samuelson or leave a note at the West Campaigning Eagle Street office. continued from page 2 persons contact EMPTY DESK momentarily in awaits The Off-Track Betting continued from page 3 The legalization of off-track pari-mutucl betting will not and is not intended to eliminate all illegal booking operations. It is, however, intended to operate with minimal interference from organized crime. The experiences of Great Britain, New Zealand, Australia and France indicate that their programs have resulted in significant reduction in crime and have operated with only a minute intervention by organized crime. Our enforcement program has had limited success in reducing illegal bookmaking operations and may have made it a premium business. So if the state had maintained its prior legislation, it would be struggling with the same problems and also losing a significant amount of revenue. The failure of the pood oj office. workers expected Opinion program to provide a credit outlet could decrease its appeal to both the small and large bettor. A solution to this problem might be to allow deposit betting, where the the business hours of nine-to five. This will conflict with the bettor's work day and will encourage him to continue to place bets at the illegal source. Thus this will not significantly reduce the illegal bookmaking operation. Also, the large bettor is not going to want thc Internal Revenue Service taxing his winnings and reducing his profits. The legalization of off-track pari-mutuel betting will not and is not intended to eliminate all illegal booking operations. It is, however, intended to operate with minimal interference from organized crime. The experiences of Great Britain, New Zealand, Australia and France indicate that their programs have resulted in significant reduction in crime and have operated with only a minute intervention by organized crime. Our enforcement program has had limited success in ruducing illegal bookmaking operations and may have made it a premium business. So if the state had maintained its prior legislation, it would be struggling with the same individual would be able to draw problems and also losing a against an account. Another significant amount of revenue. In prospective regulation is to order to achieve the desired operate the betting parlosr during results, the program will have to provide strong administrative guidelines and some of the important services that the illegal bookmaker offers. Viewed in this manner, the legislation should result in a channelling of revenues that would supply the state and municipalities with financial assistance and have a significant effect on illegal gambling. brief the candidate on background information and any recent developments. Should your candidate take part in a public debate with his opponent, a solid and concise briefing by a group of such "experts" prior to the debate will do much to give him confidence knowledgability. Minority Students continued from page 3 The administration, however, says that no promise was made by the recruiters, that the figure of $2000 was mistakenly mentioned in reference to what minority students received last year. They further point out that written on the admission letter was a note which stated that the Law School made no promise of financial aid other than tuition waiver. Dean Angus noted that the situation seems about to be remedied through the efforts of the Faculty Minority Student Committee. He also stated that the minority students have been very understanding and cooperative. and needed be highly effective, as shown by Gene McCarthy's victory in conservative New Hampshire. In our impersonal society, people appreciate the fact that someone has expended the effort to personally come to their door on behalf of a candidate. More than once I've been told: 'If you're willing to take the time and trouble to go around for The law student can also be this man, I'll vote for him.* helpful in drawing up the There are only a few days brochure which hopefully points out your opponent's weaknesses left before the election. If you as I do, that Ned concisely believe, and and effectively capitalises on your candidate's Cuddy is the best man to the 40th District in represent strengths and sound alternative proposals. Care must be taken Congress, why not get involved? If you want to help, call me at to insure that the brochure is readable to the average voter. 834-1534 or call Ned at If you're not part of Just as the effective trial 833-7286. attorney must present his the solution, you're part of the client's case clearly and problem. effectively to the jury, the brochure must present the candidates case to the Any persons interested in electorate. ADVERTISING in THE In the Cuddy campaign the OPINION should contact brochure has become extremely crucial because there is very little money to finance a television campaign. It is my belief that a grass roots door-to-door campaign can Malcolm L. Morris, business manager, The Opinion, 77 W. Eagle St. Buffalo, N.Y. 14202. � 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, 1970-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1970 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/8d688745e86f4aa1d2b7ede248f6e304.pdf 1265019a68ade86084f1962f789a331f PDF Text Text the Volume 11, No. 3 OPINION State University of New York at Buffalo School of Law November 16, 1970 An Interview with Dean-Elect Richard D. Schwartz While many people express The following comments from an interview platitudes on the importance of legal education reaching into these conducted with Dean-elect Richard D. Schwartz last- new areas, very few institutions Thursday by Warren have seriously undertaken the Rosenbaum and John commitment to go forward on these concepts. This school has Samuelson. chosen lo do so, and that is great as far as I am concerned." Q: What is your general impression of the Law school? A: I think it is an 0: "Whal are the main extraordinary school in terms of problems with which you will the commitment the faculty has have to contend upon assuming made to doing the job of legal the deanship?" training and in conveying the A: "I have to learn to be an operation of law in society. There effective administrator of a very is no inclination on the part of the complicated organization which faculty to de-emphasize classic exists in an even more legal training. Rather, there is a complicated administrative determination to go forward to setting. The organizational system even higher standards of of the State University of New York clearly has mysteries within professional training. The tendency of the faculty mysteries. It will be important for has been to stress high-quality me, working with my colleagues legal training, while at the same on the faculty, to come up with time moving into new areas that ways of getting things done. This are recognized as extremely will be the principal problem. It important. may be made especially Note: are complicated by another kind of objective that 1 have in mind. That is, to reverse the usual relationship between the administrator and those he administrates. The classical bureaucratic hierarchy is not an appropriate model for a university." Q: Do you intend to change the direction of legal education at thelaw school? A: "The educational programs of the school are something that have to be developed by the faculty and the students. I believe that the faculty intends substantial development of the educational program at this school, and 1 an thoroughly in sympathy with their objectives. 1 happily anticipate joining them." Q: What specific programs do have in mind for the Law School? A: "We have in mind the development of an educational you No Champagne on a Beer Budget by Kathleen Spann three separate meetings and many debating ad nauseam, the SBA directors provisionally have allocated funds to the school's activities. The directors guarded their constituents' money closely and attempted to keep track of the priorities along with the A fter hours of of a yearbook at the State University of New York at Buffalo had to be discussed first. Some members felt the yearbook didn't pass the Mill's Utilitarian approach they seemed to assume in allocating monies. Is the yearbook that will make it possible Q: How much of a voice for students to involve themselves should students have in the program of law school activities. This adninistration clinical in will not be along the lines of legal policy? deal. But as great "A aid, but will move in the direction A: of public interest law. Also, we administrator, I will have to would like to be able to develop discuss this with my colleagues. research programs in which We are involved in a joint program students will participate and can learn the ways in which empirical information, relevant to law, is gathered and the techinque by which these may be interpreted with reference to legal problems." Q: It is understood that you will be teaching courses on the main campus. Won't this detract from your effectiveness as dean? A: "I would like to do as much enterprise that affects us all, all of our lives not just in law school. - The goal is to make the curriculum adaptable to the rapid changing problems of our society. Mutual understanding is the ultimate aim." 0: Specifically, should students be given votes on faculty one of the greatest goods for the committees and/or at faculty greatest number of law students? Perhaps not, but with nothing to lose financially the board teaching as I possible can. meetings? pennies. A: "In any institution one However, my prime concern is to The longest debate and the most heated approved the "loan." Law Review, a more notable publication, first do a good job as dean. The should not dictate or make his involved the social committee discussions of proper with its handling the exercise of authority appear as top priority item is the chairman's request in general and the Barrister was as fortunate administration of the law school. such. I generally think that a Ball plans in specific. Rumor has it that the directors. The board suggested Law Reivew two-to-one (faculty to student) freshman representatives, because of their look elsewhere, and then report back. A week Teaching will come later." ratio on committees is good. A election platform did away with the traditional later, Law Review's mission was accomplished. fifty-fifty foot ratio is not satisfactevent, but 14 SBA members, the frosh number Some one else, and not the SBA, will Q: Will you teach any courses ory because in such a ratio only six, opposed having the dance this year. their bill this year. school? the law Concerned Law Students for Peace (CLSP) at A: "I would like there to be a students can assert undue An estimated 86 to 100 students attended of another influence on administration policy the ball last year. This was a fair enough created discussion at the meetings substantial amount of intellectual (if they are able to get a single politics. Malcolm Morris, SBA treasurer, issue, that the indication to the representatives interchange between the sign his name to faculty member to side with students would prefer another type of social did not think it wise to administration and the students. them). Remember, faculty Albany's recent eve nt. Even a beer blast with long haired checks which may violate Whether such need be in the support is also necessary to make musicians, however, costs something, and the ruling about diverting student fees into political formal structure ofa class, I don't things work. There must be an social committee chairman had to explain that activities. application of the democratic The CLSP reports itself to be non-political, know." reality again and again to the SBA. He also they plan explaining just principle. People who have a stake where pointed out that when UB students ask to and a budget they was for in decisions should be able to prepared the funds receive unless to adequate an use rent a hall, doors shut affect them." the directors. breakage fee is deposited. off trimmed Traveling expenses were internal The fine line between external and organizations was raised when the BALSA requests as a matter of policy. BALSA, Q: When will you actively representative made his request to the directors. however, managed to convince the directors assume the deanship? at conventions was a BALSA's membership is small, about fifty that its attendance A: September I, 1971. and Moot of its existence, necessary part students, and closed, only minority students explained it would have difficulty may join. After a token discussion on the Court traveling granted some issue, upper classman directors remembered that competing if it wasn't 0: Do you have anything else the same issue was brought' up the year before expenses. All banquets were also deleted from you would like to say to the and was obviously settled, for BALSA was organizational budgets. empty-handed; meetings body? left the Law Wives student allotted funds from the SBA treasury. favorably received. A: 1 am delighted to be here. I If BALSA was allotted funds, they must the Law Women were more approved incidently, was Opinion's organization. request, favorably impressed and The am ■ have declared BALSA an internal enthusiastic about the prospects Internal organizations are eligible for funds, and unanimously although one SBA member, who in anywhere himself doing something, genuinely of so BALSA's request could be considered. It hasn't found a picture of significant for ourselves and took at least twenty-five minutes for that logic the paper, wryly questioned the Opinion's society. 1 look forward to meeting to be followed and for the discussion on photography priorities. and working with lhe members of A question mark still hangs over Ihe whole BALSA's actual request to begin. the law school community. We to lime-consuming procedure of the provisional The ADVOCATE'S editor in an attempt announed thai there should stress a sense of continuity win her allocation placed an interesting allocation. President Penny or between the faculty, students, and proposition before the board. She promised to was the possibility that either a referendum in the near future may make student the law school alumni thai will return the $800, she now needs, later with a decree If that happens, after January endure throughout our profits added after she has sold the yearbook. fees voluntary. may not be a SBA treasury composed of professional lives. The student representatives didn't however there each student's $12.50. jump at lhe chance to gel rich. The relevancy really �Editorial President's Corner The provisional allocation of funds to It is obvious that an important and difficult task lies ahead for the Board ofDirectors. The use of student funds is too important to be left to last minute partisan decisions which often neglect the true nature of the budget request, and. more importantly, the interests of the student body. A note of appreciation must be extended to Dick Rosche for his work on the new S.B.A. Reporter. The Reporter is a giant step toward more responsible student government at the Law School and, like so many other additions, could only have appeared through the shouldering of responsibility by a single student. We thank him for his work and hope that it will serve as an example for others in the myriad of tasks ahead. I Used to Want to be John Wayne by Bill MacTiernan Letters To The Editor Dear Sir: student organizations is nearly completed. The establishment of a policy by which the Directors can be guided in future budget meetings has hardly begun. Attempting to find any such policy in the maze of allocations is an exercise in fantasy. For example, if the policy is to allocate money where it will do the most students the most good (A policy which was often mentioned in the course of the meetings), it is difficult to understand why such functions as the Barrister's Ball, which is attended annually by 80-100 students, was denied funds, while another organization was given funding to send a single student to another county to work on a project which, although worthy of praise, involves no students. We are not questioning the allocations to any particular organization but trying to understand the policy behind them. And Then There Were Budgets With any sort of luck the SBA budgets might be finished Friday leaning ladders the Thirteenth notwithstanding. Two items (on very close votes) have been voted out for this year, namely, the Barristers Ball and the SBA Banquet. 1 personally feel that both items should have been included. - The Barristers Ball is the one event in which the entire student body can participate as a social unit. As for the Banquet, I believe that those students who voluntarily work on behalf of the entire student body should be thanked for their efforts. If the social committee can come up with a means by which these events can be held without requiring substantial SBA I think a compromise reasonable will have been reached. (Note: the committee is working on such a solution.) financial backing, We would like to clarify the facts pertaining to the Law Wives' visit to the S.B.A. office on Monday, October 26, 1970. It was not "without authorization" that several members of Law Wives entered the S.B.A. office in order to mimeograph their newsletter. Kathleen York had been told by an S.B.A. member that we were welcome to use the supplies and the mimeograph machine. With our paper and two stencils that had already been prepared for use on the machine, we entered the office in the morning. No one else was there. We would have completed our task and disappeared without bothering anyone, "unrecognized," so to speak, if it had not been for the fact that one of our stencils was not cut deeply enough and had to be retyped. We retyped, we did not "compose", the first half of the stencil before anyone else entered the office. Then, not wishing to come back the following day, we did ask a the they do. Emotionally, american men are stifled to the point where the only emotion they will permit to show in public is anger. Through television, through commercials, and all the other instrumentalities of mass culture there is a constant reinforcement of this social emotional makeup than is the females. Perhaps in the future men will stop feeling that their normal sexual experience and ability is less than normal. that an individual that he has been bombarded by his culture into judging manhood by success in The realizes fact This is the third year that legal fraternity has presented the Symposium program. The topics of the past programs were "Abortion the economic market, " Laws and their Reform" and masculine" demeanor, and "Obsenity in the Performing sexuality, is not in any way an Arts." indication that he has overcome Guests of honor at the this training. It is easy to realize fleeting and the gentleness with that the American culture stifles luncheon included Judge Mattina, County Court good Joseph unaccustomed of waht is best part which the world is in men a to being treated at the hands of in human beings, but it is, sadly, Judge, Leonard Walentynowicz, and William Carnahan, private quite a different matter for that western man. truth to overcome a lifetime of practicioner and part-time A second, more subtle, yet faculty member. none the less binding chain on the socialization. demand to suppress the unmanly every human being possesses. The list of these unmanly traits includes the ability to empathize, the sensitivity to appreciate the delicate and the traits that Sincerely, Marilynn Borst Corresponding Secretary Dottie Buffomonte Newsletter Editor Editor's Note: It is questionable whether an S.B.A. member can give authorization to an external non-student organization to use student funded equipment and supplies when this is in violation of the first statute At-Large of the S.B.A. The "Law Wives" clearly fit into this category as they were denied funds at the recent budget meeting for the same reason, being an external non-student organization. As to the number of students involved, the Editor remembers being among a distinctly larger group, all of whom were waiting to use the facilities of their office. . November 16. 1970 Schwan Newman Bill MacTiernan Photographer: Samuel Columnist: > ■ The Opinion is published every other week by University Press at Buffalo. It is the student newspaper of the SUNYAB, School of Law, 77 West Eagle Street, Buffalo, N. Y. 14202. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. Community Law Office Started by Student Charles L. Davis, a third student, with the help of BALSA and the Legal Aid Clinic has set up a Community Law Office. The Office is located at 241 Monroe Street and is open Mondays and Wednesdays from five to seven. Asst. Professor James P. Manak is the faculty advisor for this new program, which will give legal advice and assistance, legal education, and eventually bail monies to the indigent. It is probable, since he is a third year student in the Legal Aid Clinic, that Davis The panel will include a will go to court with a client psychiatrist, pharmacologist, a but only within the guide student, a defense attorney, lines of the Legal Aid Clinic. and a federal narcotics agent. The office will not be the Association regrets having inconvenienced anyone. It certainly will not happen again. Editor-in-Chief .... John R. Samuelson Assistant Editor Kathleen Spann Business Manager .Malcolm L. Morris, George Riedel Circulation Editor Sports Editor Alan Snyder Staff: Jeffrey Sommer, Clarence Sundram, Warren Rosenbaum. Reporters: Mike Montgomery, Richard Rosche, James majority . student to wait about ten minutes while we finished the stencil. The Student Law Wives OPINION Vol. 11, No. 3 Without doubt part of the problem encountered with the budgets was due to the late submission dates for the various organizations permitted by the SBA. This next year budgets will have to be submitted by April. sum and substance of the american male is the inculcated A final comment on the budget The of students at equation of success with since the this school are male and the manhood. The former being a will be forthcoming Committee must Treasurer's majority of that majority embrace prerequisite of the latter. It is this finalize the budget and the a scoffing attitude towards imbued equasion that is University Administration must women's liberation. Perhaps this responsible for most of the also approve allocations in derision can be traced to a few feelings of inadequacy that accordance with the dictates of reasons. First; the most vocal trouble american men. Given a the Board of Trustees of the State advocates of women's liberation gauge of success in monitary University system. do manage to project a good deal terms, most men run a futile race of unintended humor. (Don't get with the standard, which is not set upset ladies, I find humor in by the accomplishments of others, almost anyone who embraces a but by the advertising industry. cause religiously) Secondly; The basic tenant of this industry derision is an outward sign of fear, is that the individual should P. A. D. Announces especially when that fear is always be convinced that he is suppressed. The aggressively inadequately endowed with Symposium Plans apt point possessions. to physical liberated woman is Men in this country then, are trapped in a out the cracks in the image that the American male thinks he circle of desire, frustration and Phi Alpha Delta legal should project. Admitting the aggression by a society that has fraternity recently held its first complete validity of womens' become more complex tahn any claim to equality in the economic individual is capable of in a series of monthly luncheons at the Plaza Suite. market seems about the best way controlling. At the luncheon, President to back out of this subject and into its brother; and its brother Perhaps one of the most Miles Kaualler announced plans for the third annual Phi Alpha happens to be mens' liberation, hopeful signs comes out of the claim to equality in the economic new and liberalized look at Delta Symposium. market seems about the best way sexuality. It has always been Mr. Kaualler said that the to back out of this subject and assumed, at least by males, that Symposium committee has they were the sexually dominant chosen "Drugs and the Law" into its brother; and its brother happens to be mens liberation. because they were physically as this year's topic. It was Now, mens liberation has dominant Yet recently evidence revealed that Judge Joseph certainly been suggested before, to the contrary has proved Mattina has accepted the but usually in a rather joking substantial. According to Masters position of moderator. manner. The intent here, however, and Johnson, the normal womans Tentative plans call for a five is not aimed at humor, but at sexual capacity is in excess of the man panel which will present provoking thought on how and males and the males ability is as broad a perspective on the way much more a factor of his topic why american men feel the as possible. 1970 November 16, THE OPINION 2 year office to give information effective and beneficial" to the people he wants to reach and help. Eventually, he hopes to make bail available night and "directly day by having specific phone numbers for those in need of bail to call and primarily by raising a bail fund. His goal is for a $15,000 kitty, which the office can draw from. A few associations have already given committments , to his program, but any contributions will be appreciated. Presently there is a law student, a vista worker and two undergraduates manning the office. He will "utilize more students as the need arises." practicing law. Legal problems Fliers have been prepared will be referred to the Neighborhood Office of the to publicize the new office. These are being distributed Legal Aid Society, to one of throughout the neighborhood. the twenty attorneys "The legal education" Davis, who is the Vice according to Davis, "will be President of BALSA, said he pertinent and functional to the conceived of the program program." He plans to have while he was at a BALSA lecturers speak on Legal Aid meeting. As far as he knows, and the prisoner release hi s program is a first. The programs, and to have "general response has been favorable to rap sessions" about consumer the program and according to problems or landlord-tenant its advisor James Manak, the relations. The important thing, program will not end when Davis explained, is for the Davis graduates. �November 16, 1970 THE OPINION 3 -Statement of the Concerned Law Students Why the 'Concerned Innovative Course Deals with Urban Problems Law Students'? by Mike Montgomery a period of national educational evolution and the redirection of curricula along more innovative lines it is to be expected that the course offerings of a law school would follow suit. An example of the course oriented towards non-traditional problem areas is Legal Resources for Solving Current Urban Problems under the joint tutelage of Professor Jacob Hyman and Mrs. Sylvia Sims. This subject is perhaps unique among those During covered by an ensuing speaker in preparation for his presentation. Among the individuals whose expertise has been offered to this class have been Dr. Robert C. Weaver, Secretary of Housing and Urban Development under Johnson, Cornell professor Lisle Carter, the Assistant Director of the Model Cities Program in Buffalo Mr. Lee Butler, and Mayor Richard Hatcher of Gary, Indiana. The fields explored in structuring. Generalist empiricism is as functional a description as any to apply to Current Urban Problems generalist because there are no pretensions to offering an intensive analysis of any of the myriad aspects of evolving Urban consequences or implications, the purpose being to either heighten or create an awareness to urban problems in a prospective lawyer and possible means of their resolution in the legal system; empiricist because of the variety of both types of information and sources of one type of information offered the student. How to unravel the more tortuous - phrases of the last sentence? Bas.cally the course has some aspects of a lecture series with professorial guidance/participation, nee each week a prominent indiviudal speaks !about some facet of the (flawed) urban gem; once each week there is a class discussion involving an analysis of a previous speaker's thesis or an examination of the subject matter to be nondirection, of a noncohesiveness not usually found in the more traditionally structured law school programs. A basis or rationale for such may be gleaned accohesion perhaps from an examination of the course's financing and its apparent concommittent the reason for its existence. SUNYAB's main administration had madeavailable a line of funding for a new - life in America, and their legal most presentations, - currently available to the student because ofits content and internal professorial position in the Faculty of Law and Jurisprudence as of the commencement of the present semester, a line apparently to be allocated to the field of the American A suitable people, but to use their Robert Weaver, former secretary urban-legal forstudies. that position was knowledge of the legal sy ;tem to of H.U.D. speaking before urban candidate however. In order to help the legally abused understand not named, problems class. preserve for the Law School this their rights and the law. funding, of which has a floor The CLSP, which grew out of their lectures have been many; line of apporximately $24,000 with an that followed the included are legal services indeterminate ceiling, the course the disturbances invasion of Cambodia and the presently and possibly available to in Current Urban Problems was and Jackson State, deaths at Kent the poor and minorities, the the guidance of set out to provide a unified consequences of such, and initiated under Hyman and Mrs. Sims Professor vehicle to voice their dissent. especially the problems of housing resources Contrary to skepticism that the and urban development, the right whence the financial the speakers for group would die out in the new of all classes to live decently. All without which, undoubtedly have academic year forlack of interest, the class would program s d c aling with such been unobtainable. As the Lhe students have become even problems need money to develops, and program more active this year in efforts to implement them, consequently a suitable candidate initiate reform in the legal the theme of urban economics presumably position for the is it obtained, institutions. and finance has, with 'its The group now has several corollaries of local government shouldbe a matter of considerable structure and federal-state-local interest to note in which direction different programs active under its guidance a purportedly innovative and Law students are political interaction, been dealing with the working with attorneys on draft underscored in most of the creative coursecatastrophe will urban go. counseling nascent and related litigation, presentations. I - life One learns early in that most impossible dreams are indeed imposible. Ned Cuddy was beaten rather badly in the N ovember 3rd election. Our impossible dream missed by a mile. I was of course very disappointed as were all of Ned's workers, to say nothing of the Cuddy family. Although we always knew that victory was a long shot, we had felt in the last week that the campaign was gaining momentum and that a sizable grass-roots base of support had developed to discover just what went wrong. Off hand 1 canlist a number of factors which worked against the Cuddy candidacy. One major factor was the indentity problem. Not having been in public office before or having run for public office, Ned Cuddy was an unknown name and quantity to the voters of the 40th Congressional District, We did not have the financialresources to run an effective media campaign to break through the indentity gap. A 36,000 Republican majority in registration and a generally conservative political climate made a victory Democrat-Liberal Cuddy difficult indeed. for very Being a college professor never has been a particularly helpful attribute for a political candidate in our country (see Richard legal services never considered before, at no cost. He is willing to voice his disapproval of the existing structure and those provide who direct the change where the existing institutions are bankrupt of objective and impart ial " .* standard. The nature of the work that the students have done has brought them in close contact with the local and state political machinery. In September a documented report was released to the Buffalo and national news agencies disclosing the findings of intense research into the "Birdshot" shootings on campus last May. The report, which was an effort to get a thorough official investigation and public report of the events, was met with official disapproval and inaction. Eyewitness accounts, physical evidence of police firing birdshot and a photo of the alleged police car from which the shots were fired were part of the evidence presented. The response from local, State and Federal agencies If the identity problem could was total inaction save one have been attacked with a request to "forget" the birdshot reasonable amount of financial report in return for official resources to work with, I feel, it recognition of the legal observers. would have been a much closer On Friday, October 23. a legal election. observer wearing an identifying armband, was arrested while President Nixon's attempt to attempting to write down the use scare tactics to elect names and car number of two Republicans, for the most part police officers who had requested failed miserably. The good guys a group of 6 observers and 2 don't always win. But neither do others to disburse. The charges the bad guys. 1972 isn't really were immediately dropped at the very far away and I still beleive initial arraignment. that the system can be made to work for the people if enough people truely commit themselves to action and not apathy. - Thoughts After the Apocalypse By Jeff Spencer and on several cases defending students and others in drug, disorderly conduct and similar charges. In the future it is hoped that the program can be ex; ided to cases involving civil rights and liberties, indigents, prisoners, and mental inpatients. Several Black Buffalo couselmen have requested the up help CLSP was set insure to that no one's rights are violated, assistance of Law students to help no matter how unpopular they research welfare laws. 35-40 Legal Observers are now available to any may be. Prisoners, indigents, students, organization that feels the need for objective reporting of any groups and other homosexual, which society finds "distasteful" possible problems with law enforcement officials and I hey time and again have their civil rights violated by those in have been called upon many times for guise of law theirservices. authority under the In fact, the law student who and order. Until recently there was a general atmosphere of "so was noted for his quiet conservatism and non-involvement what" among law students. Law students have realized that has become involved. He is they are in an unusually unique involved in that he is now position, not just to promote interested reaching out to the segments of the community which dialogue of the pressing problems facing the local Buffalo the established legal profession have long overlooked, willing to community and There is a difference between effective law and order and using the law to but often the keep certain people in a special essence of the lectures has been kind of order. It is the distinction between similar if not repetitive (perhaps the two which helped prompt the an indication of a core basis for urban problems). Because of the establishment of the Concerned Law Students for Peace. A group lecture-series aspect of this course one also gets the impression of of about 50 law students the Many of the speakers have made Hofstadter's, Anti-Intellectualism in American Life). With the recent campus disturbances it becomes a burden to be overcome. Popular American mythology looks at the College professor or either an absent-minded, impractical ivory' tower dweller, or more recently as a dangerous radicalizer of the "All American Boy". Needless to say, neither image is paricularly conducive to a successful political candidacy. Re-enforcing this disadvantage was the fact that chance, but we never kidded ourselves into believing that our chances were better than a longshot. seniority to go along with his silver white locks. political systems. Ned saw his role from an educational standpoint as well as from a purely political one. One of his main goals in running was to bring an intelligent discussion of the issues to the electorate and expose the rather poor voting record of Mr. Smith. I felt both these goals were to a great extent accomplished. 1 am-sure that in Ned's physical appearance fits the future Mr. Smith will think somewhat the popular conceptual twice before he votes against image of a "professor" (the funds for pollution control, heart Ivory-Tower brand). On the other and cancer research, hospital hand, Henry P. Smith 111 with his construction and/or school construction. silver white hair fits almost perfectly the image of the "archetypal congressman". Not Personally, I gained not only only does Smith look like a many new friends, but a more congressman, but he has the claim sophisticated understandingof the of six years experience and workings of our less than perfect Smith received the endorsements of all the major newspapers. These endorsements were primarily based on the fact that Smith did have six years of experience and seniority while Cuddy was somewhat ,of f question mark. This was the final factor which certainly didn't help the Cuddy Candidacy. Am I sorry I got involved? Have 1 lost faith in the " system "? The answer to both questions is an emphatic NO!! We wanted to win very badly and we honestly thought we had a To be sure, something has to be done to correct the unfairness which results when one candidate has an overwhelming economic advantage. Outside of this, I found most people willing to consider the man rather than the party, although it must be admitted that a democratic candidate bears a heavy burden of proof in attempting to win over - News Briefs Effective immediately the Legal Research course has been restored to a one credit hour course. The one hour credit will also be given lo those who took the course last year in the discretion of Professor Mostecky if he feels he can give credit on thebasis of the written work which was submitted. In addition, the hours requirement for the J.D. degree has been raised to 81 hours, the purpose of which is to allow a nine hour spread between the N.Y. Court of Appeals requirement and thai of the Law School. Therefore, a student can fail three 3 hour courses and still meet the Court of Appeals requirements. The Professional Program* Committee is investigating the * a summer professional program. Eight of our faculty have indicated an interest in teaching in such a program and the Committee will now investigate the possibility of obtaining funds from Republican votes. Ned definitely made inroads. He received possibility Smith. the University budget. approximately 10,000 votes more than the last man who ran against < �Pollution Promotion at Commerce? SPORTS Shysters Win Championship by Peter J.Petkas and Karin P. Sheldon /Public Interest News Service} On April 9, 1970, President Nixon created the National Industrial Pollution Control Council. Conservationists and other concerned Americans Ihought then and are convinced now that this group should have After winning the two league playoff games the Shysters became the undisputed champions of their league with a seven win and one loss record. Presently they are working out in a closed practice while preparing for the School Championship. They must win their next three games to win it. In the two playoff games which were bitterly foughl. the Shysters defeated th- Sammys and Phi Psi fraternities in back named a "Pollution Promotion," not a "Pollution Control," council. Its membership list reads like a Who's Who of American polluters. The Council is to "advise" the President and the Chairman of ihe to back games. In the Phi Psi game, which the Shysters won 20-0, Lee Ginsburg intercepted four passes to break up Phi Psi plays and sel up Shyster touchdowns. Danny Martin threw three touchdown passes to end Stu Revo, centers Mark Rosenthal and Don Haight. Stu Revo, who has become accustomed to catching passes well within the end /one. made a small mistake in this game. In a pass play he caught the ball on the five yard line, and thinking he was in the end /one, just Btood there, An opponent was quick to show him the error of his ways. I'lie victory over Phi Psi was particularly sweet to Ihe team as they were the only ones who had previously beaten the Council on environmental quality policies." Bui serious questions are raised . Petty. Joel Doss, and player-coach Alan Snyder. Championship games start nexl week on Main campus, behind on Tuesday and officials they could not hope to equal the enormous economic, social and political power possessed by these 63 men. Granting, for purposes of argument, that these men have something to say to the President and his counsellors, why must the public and the press be shut out? Why must we settle for a sanitized, insider's minutes, when only a verbatim transcription could reveal with certainty how the public interest is faring in these secret deliberations? Closed sessions, we are told, promote "frank and open discussions". But what have they to h icle? Industry advisory commit lees are prohibited commercial operations of identified business enterprises. And if they are trading information, they may very likely be doing so in violation of the spirit, if not the letter, of our with the same sessions only for the most extraordinary reasons. There are clearly no such reasons here. At a recent gathering of conservationists. Secretary Stans suggested that NIPCC is an example the efforts of Commerce of the Department to carry out its responsibilities for environmental quality under the President's Reorganization Plan No. 4. We can only conclude that the Secretary, and perhaps the President, have a very limited vision of their responsibilities and of the pollution crisis, to place such men as these in such a critical position in the pollution law enforcement system. Most disturbing of all, this practice is occurring when citizens' groups have been sy ste ma t ically excluded from other avenues of redress. Our lobbying laws are straight jackets for ordinary citizens and carte blanche for powerful economic about lhe nature and impacc of lhal advice when the meetings of the Industrial Council and its laws. 30-odd subcommittees meetings anti-trust Or, suppose a particular board pressure groups. with Russell Train and his Council b a i r m a n, indiscreet ly or c Quality and on Environmental Our corrupt electioneering admits in the course of laws are openly flaunted with oilier governmental agencies aotherwise, meeting to a gross violation of practices charged with formulating by self-seeking politicians and or anti-pollution regulation an and control standards some of our less scrupulous pollution ordinance. Will his membership on corporations. are essentially lhe ordinary policies and a presence the al Council the citizen, the consumer, the small unannounced and closed to by government ma n an d 1 be public and to environmental meeting attended business law enforcement organizations, lo say nothing of pollution conservationist are disarmed in officials effectively immunize his small businessmen and farmers. our national legislature. They will company from the sanctions of be effectively barred from the These meetings are not merely the law? Since the meetings are of the briefings sort informal courts if the Internal Revenue closed and since no transcript is Service has ils way. Through government provides every day to made, no one will ever know the various interest groups. Rather, NIPCC and similar any of these questions. they are plenary sessions of a answers to industry/government fraternities asked to pay a Presidentially created and The public is being they will be systematically denied high price for "frank and open Department funded Commerce to the one branch of among these access and staffed lobby group which is discussions" government that is supposed to gentlemen. very space given free office represent all of the people and lhe in the In a democratic society closed public interest department which now has much the executive. of the responsibility for meetings' of such immensely And the supreme irony of their controlling access to the decision powerful, quasi-governmental groups as this are justified only plight is that all of this is and policy making process, not for the most compelling reasons. happening under an granted to any other citizens. Administration thai has pledged a Even if environmental groups The Congress recognizes this principle and holds executive return lo law and order. fashion similar were to meet in slrong Sammy team the an 18-13 win. After for touchdowns, two one to Revo and one to Martin threw Kay lan, he ran for a third. The defense was once again strong with middle linebacker Jerry Solomon in on ten lags. Members of the ll>7o Shyster Championship team include Dan Martin, Stu Revo. Lee Ginsburg. Doug Roberts, Mark Rosenthal. Don Haig it, Don Kaylan. Tom Parmalie. Yin Tracy, Bob LiVttti, Sam Newman. Alan Cohen. Jerry Solomon, Bill In the final playoff game against a Shyslers won the championship with Environmental Quality "on plans and actions of Federal, State, and local agencies involving Shysters. Clark Gym November l'B, 1970 THE ORHJUON 4 Wednesday. All are urged lo attend. Among lhe notables present at the playoff games was Professor for the position of coach for the Steven Larson who is being groomed Law School's basketball team. All those interested in playing intramural basketball should see Jerry Solomon. Those interested in playing basketball in the city league should see either Terry Connors or Charles Davis. 'Concerned Law Students' continued UB Law's Shysters converge on Sammy Player during recent playoff game. SBA Reporter: A New Tool for All Students The Board of Directors of the Bar Association has Student produced the SBA Reporter in an attempt to improve communicalion with and understanding of our Student Ciovernment. The Reporter is a compilation of all written mailer pertinent to student government at Ihe law school. Il containssuch important on here-to-fore un a variable documents as the S.B.A. Constitution. Faculty By-Laws [Constitution!, Constitutions, and F lieu I 1 y Re la lions Club Sludenl Board Additionally (here is extensive section on explaining the kinds Committees Constitution. mi of committees, the purpose and lhe me in bershlp of each committee. The minutes of the SBA and election regulations art contained hi the Reporter. Perhaps the mosi inovalivc section is thai which contains all of the standing by-laws of the S.B.A. This section is a codification of all legislation that the Board of Directors has passed in the past two years and which remain binding loday. Twenty-nine (29) Reporters prepare d. Each have been Reporter is a blue loose-leaf binder containing divided sections. Twenty-three of the Reporters have been distributed to your elected representatives who will make their Reporters aballable to their constituency. Reporters will also be loaned to Dean Angus, the Opinion and will be available for public use in the Faculty and Eagle St. libraries and al Shirley's office on request. Sludenls and faculty are urged 10 familiarize themselves With this book.. , The significance of this event noting deliberate persecution of must be noted. The police officers homosexuals. They are forced to in question resented anyone remain underground, often using observing their performance. The psyodonyms and are constantly in observer in question in no way fear of entrapment or simple broke lhe law nor provoked Ihe harassment. Because of the police. He was merely performing continuing harrassment, the an obviously necessary function in Society is in jeopardy of a potentially explosive situation. extinction and is forced to walk a The cahrges were dropped because tightrope at all times. Although the officers and their superiors New York state has abolished its realized that there was little or no homosexual statutes, catch-all grounds for an arrest. The arrest statutes such as loitering and disorderly conduct are easily appears to have been a warning to substituted. observers that Buffalo Police would not tolerate such activity. These are only a few of the Concerned Law Students also more subtle forms of repression in closely worked with the which the law is used to keep Mattachine Society of the Niagara social dissent and aberration to a Frontier, an organization of controlled minimum. There are homosexuals seeking to bring Ihe countless examples but these status of homosexuals to a level of should suffice to open the eyes of respect and acceptability in those non-believers. It is a relatively simple matter to society. The Mattachine contacted convince students that actual and CLSP to ask their help in abusive repression is coming down obtaining the required liquor from officials in control. But il is permit and toact as "observers at a an almost insurmountable job to holloween dance. The application bring that message to people not actually involved. Those citizens for the permit was submitted a month before the dance. The who aren't involved and have no interest in being involved, by liquor decision the Slate Authority denying the permit was perpetuale the legal abuses. A greal share ol the blame belongs held back until 3 days before Ihe affair; effectively barring any to l hose liberal thinkers occupying places of social esteem review or appeal before lhe affair. Thus. Ihe Mattachine was and prestige, who see what is relegated to a coke and coffee happening and do little or nothing 10 prevent il. They are a sizeable party. It should he noted that fraternities and other accepted number. Faculty, Doctors, Lawyers, Clergy and businessmen. social organizations have little Tacit disapproval has the same trouble obtaining such permits. effcel as laeit approval and so In working closely with the or Sociely one can hardly avoid long as no one yells "stop" from page 3 even questions what is happening there will be no change. - The people of Buffalo just elected Jack Kemp. The people of New York State elected James Buckley. Their campaigns were of appealing to the lowest form human emotions rather than was lead to public reason. The believe that dissenting youth must stopped, be and more seriously that their dissent was - unAmerican. Coupled with President Nixon's and Vice President Agncw's attack on all dissenters, the conservative ticket was made to seem to be the American ticket. A vote for them was a vote for the American system. Unfortunately, this sort of conservatism shows little understanding of what democracy is meant to be in America. American democracy is not meant to be freedom to think the same way as the president. It is freedom to think and act as your conscience dictates. CLSP are just - students. that: Concerned They are concerned about the misrepresentation of what democracy and its laws are and should be to the public. The mushrooming activities of the group are demonstration of the increasing' concern about the misues and abuse of Law by those enforcing It, But it is those in power, who are capable of the magnitude Of change who are needed. Those who slill have a conscience must join I he struggle. � 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, 1970-11-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/16/1970 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/2a968469ec96dc478058d430813e77e7.pdf 82008551b333f84c7fdd9d9f4a07c975 PDF Text Text THEOPINION Volume 11, no. 4 December 4, 1970 State University of New York at Buffalo School of Law Construction Begins on New Law School Building Construction of the new, expanded State University of New York at Buffalo School of Law building wiil begin on the Four lecture halls The first floor will also house the large lecture halls. One room, Amherst campus site before provided with additional January Ist, it was announced last courtroom facilities, will week. Groundbreaking for the accomodate 160 students, a new building will take place early second, 116 students, and two this month. others, 80 students each. Each of Scheduled for completion in these rooms is arranged in tiers February 1973, the Law and with long area tables and swivel Jurisprudence building will chairs. replace the present facilities at 77 The second level of the West Eagle Street and rented building will house two legal space in thePrudential Building in problem rooms arranged in the downtown Buffalo. The building, style of an amphitheatre. Total designed by Harry Weese and seating capacity of the two rooms Associates and Anthony L. will be approximate 100 persons. Carlino of Buffalo, will feature extensive library and study facilities, an actual courtroom, and much-needed lecture and seminar rooms. Bids for construction of the seven-story structure were opened on Wednesday, November 18th in the Offices of the State University Construction Fund in Albany. The John Cowper Construction Co. Inc. of Tonawanda, N.Y. was awarded the contract with a low bid of $7,313,000. The total cost of the building is expected to be about $8.5 million Actual Courtroon The most novel aspect of the new facility will be a courtroom on the ground level in which actual and moot cases will be tried. Arrangements for the actual cases, provided they are of legal significance and the parties and counsels involved grant their consent, will be made by the Law School with the Fourth Judicial Department of the Appellate Division of the State of New York. The courtroom will seat 90 persons and can be expanded to accomodate up to 350. Adjacent to the facility will be a suite which will be occupied by the student Moot Court Board for their administrative operations. Offices will also be available for the Judges participating in moot or actual trials. .. Niagara University BUFFALO, N. Y. From a modest beginning This is the first home of the Law School when it was established in 1887 as part of Niagara history University. A pictorial the Law School's of development can be page four of this issue. found on Both rooms will face downward on several levels to a large rectangular desk and chairs. These will function as modern student classrooms along with the five seminar rooms located throughout the building. Located on the second through the seventh floors are faculty offices, library facilities, administrative departments, student offices, and lounges. Expanded library The expanded library space will allow the Law School library to grow volumes, of the libraries to a level of 300,000 which will make it one top ten Law School in size in the United States. Reader's stations are spread out on appropriate levels of the building with most to be located on the second, third and sixth floors, which hold the main reading rooms. There will be a minimum of four hundred stations with an option for additions. The reading and study areas are divided between long tables and open carrels. In addition, there will be about fifty closed type carrels of thirty include space for a library of 5,000 volumes. Office facilities will also be available for other student organizations and functions, including The Opinion and the Student Bar Association. Each of The new building, with outside walls of brown brick and colored geographic center of the new Chairman of the faculty for the new Law building is Dean Wade School Union Facility. It will also be a Newhouse who has worked sub-campus connected closely with the University these areas is expected to provide part of a much more working room for the by bridged passageways and Construction Fund for some time. now cramped student focusing on another open plaza. organizations. campus, immediately overlooking the main plaza and the Student One of the most important Located on the third floor of benefits of the new building, the structure will be the beyond its vastly expanded space administrative offices. Faculty and facilities, is that it will permit offices will occupy the fourth the growth of the student body. It is anticipated that eventually through the seventh floors. eight-hundred students will Central location occupy the structure, compared committee Certainly, the new Law building will mark a School radical has characterised location. present change from the crowded classrooms, limited space, and distance from the University that the Moot Court Wins Award in Competition feet each. These will be fitted with individual doors. Several of these study rooms will also have electrical outlets for dictaphone and tape recorder use. Elevator service will run not only within the library stack area, but also within the rest of the Three law students from SUNYAB School of building for access to the offices Law have received awards for their participation in a and classrooms.. The main reading regional round of the 1970 National Moot Court and checkout room of the library Competition, held last week in Boston, on the second floor will control Massachusetts. access to the other levels of the The Buffalo team received the award for best library. All stacks will be open legal brief. The students were presented with except a reserve and rare book written volumes of legal treastise and a plaque for their five stack and a faculty duplicate brief, which was judged superior to the entries of collection of 20,000 volumes. other law schools from New England and The student lounge will be split seven upstate New York. between two levels of the building. Although no cafeteria Team members are David Eldredge, 301 facilities will be available for Hempstead Aye; Peter Gilfillan, 1343 Millersport student and faculty use within the Highway; and Jeffrey Frank, 58 Granger Place. All Law building, vending machines are of the Moot Court Board at seniors and members and snack areas will be located thelaw school. adjacent to each level of the student lounges. Cafeteria service In addition to writing the brief, the students will be centralized for all of the participated in oral arguments before a mock academic buildings in close appellate court, on behalf ofa fictionalclient. In the proximity to theLaw School. quarterfinal round, the Buffalo team defeated Boston University, Student organizations During several meetings held in preparation for Located on the sixth floor of the Halloween Ball, Cornell was the winner in the the building will be a suite of finalround of the competition. offices and work area for the The briefs, and oral arguments dealt with the Buffalo Law Review. This will case of a fictional newspaper reporter who was cited square with the present enrollment of five-hundred and thirty. mortor, will be situated in the for contempt for refusing to testify during a trial regarding the identity of his news sources. The primary issues in the case were whether the newsman was entitled to conceal the identity of his informants because of the Constitutional freedom of the press and because of a fictional statute which protected the newsgathering activities of journalists. The Buffalo team argued, on behalf of the reporter, that the contempt citation was improper. According to their brief, the reporter did not have to reveal his news sources in this particular case because the information was not relevant or material for the case being tried and because the reporter was protected by the First Amendment of the Constitutionand by the fictional Statute. The oral arguments were held in the Federal Court House in Boston. Judges included prominent members of the Massachusetts bar and judges of teh Massachusetts state courts. i ~~ 1 "The problems of the poor are not (predominately the problems of criminal law but are ithe problems of procedure in Civil Law." A member of the Faculty of Law and Jurisprudence,SUNY at Buffalo. \ �Editorial Letters To The Editor What the hell good is a Law School Newspaper? Many of the students in this law school and countless other have asked and, we suppose, will continue to ask the above persons question, albeit in several varied forms. What is so vital about a newspaper in an institution which is preparing persons for law? How can any serious student spend time in an endeavor so unrelated to the purpose of his being in school. Aren't newspapers a hangover from undergraduate school when we had much more time to waste on newspapers and other extra-curricular activities? We would like to respond to these questions with a few of our own. Is there anyone in the Law School who feels that he needs no more information about the working of the School, the opportunities available, the changes being planned, the problems being faced, etc. than he presently is receiving? Does anyone want to know about what is happening in other Law Schools? Would anyone care to know more about the persons and institutions he will encounter upon graduation? Might there be a person who would like to be kept more up-to-date on recent developments in case law and legal publications? Does anyone feel the urge to speak his mind on legal, social, or political issues, and incidently, develop some skill in legal-journalistic writing? Is all the talent of this Law School restricted to the confines of the Law Review Offices? Can we safely assume that the student body is satisfied with the present state of faculty-student relations? Is there any need for a Law School Newspaper? THE OPINION Volume 11, No. 4 .. December 4, 1970 Editor-in-Chief .... John R. Samuelson Assistant Editor Kathleen Spann Business Manager .Malcolm L. Morris Circulation Editor George Riedel Staff: Jeffrey Sommer, Clarence Sundram, Warren Rosenbaum. Michael Montgomery, Linda Cleveland. Reporters: William Lobbins, Richard Rosche. Photographer: Samuel Newman Columnist: Bill MacTiernan The Opinion is published every other week by University Press at Buffalo. It is the student newspaper of the SUNYAB. School of Law, 77 West Eagle Street, Buffalo, N.Y. 14202. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York, From other Law Schools.. Syracuse University College of Law reports severs problems with their library. The resignation of their newly appointed head librarian together with extremely cramped facilities have given rise to much student protest. The administration of a large Freshman class has further complicated the situation. The students and faculty of The Cleveland State University College of Law have decided to petition the U.S. Attorney for the Northern District of Ohio to convene a grand jury to decide whether the conduct of persons at Kent State University last May can legally make them indictable under the laws of th United States. This is in reaction to the recent actions of the Ohio grand jury which indicted twenty-five students. The governing student body at New York University Law Center is debating proposals for fair hearings for students facing suspension because of disruptive activities. Presently students may be suspended long before they are given an opportunity to defend their rights. Loyola University of the reports that students ther are disgruntled with the quality of several faculty South.School ofLaw, members but are without power to work for their replacement. An " It is common among the law Editorial relates: knowledge December 4, 1970 THE OPINION 2 students that certain instructors have a habit of giving good grades lo those who agree with him and walk three sjeps behjnd him in a bowed position. Then there are instructors who don't even final exams to grade and instead give a grade upon the thickness of the paper. This can be proven by the teacher's failure to separate exam papers which have been glued those open the them based together with chewing gum, yet the instructor states he has read ( from/Tie Code ) every page." S. B. A.: A State of Transition by Dick Rosche The editorial in the last issue of the Opinion touched on a subject that requires some comment. Specifically it was noted that there is a great deal of confusion in the Board of Directors over what standards should be applied to budget allocations. The confusion, which does exist, is indicative of deeper problems within the student community. Problems which should be brought into the/open for full enumeration and discussion. The Law Schopl is in a old guard transitional period. Tfie which seeks to perpetuate the traditional student activities and relative non-involvement in outside affairs is being challenged and eclipsed by what has been described as a "New Breed" of law students. Since the transition is not complete, confusion exists in the student body and Board of Directoes as to what priorities and direction the S.B.A. will establish and take (Continued on page 4) minority position while ignoring the will of the Board of Directors, I will ask for both a change of titleMo the'lPartisan's After reading the article in the any, were available which had case Corner" and equal time for the Opinion regarding the Seminar, " law of the highest authority, rest of your student government Legal Resources for Solving together with comments which to present its view. Current Urban Problems" I was appeared significantly beneficial Since the rational of the Board prompted to comment on my in terms of financial investment of Directors concerning the rationale for the structure of this by the studnents. It therefore Barrister's Ball and the S.B.A. type of educational experience appeared to me to be a more Banquet was not presented which admittedly, is based upon rewarding appraoch to the before, I shall attempt a my undergraduate training in the problems to attempt to clarification. The, Barrister's Ball field of education. approximate in the classroom, for was a semi-formal dance held in I believe that there is a basic consideration by the students, the the spring of each year. Student distinction between .the type of problem situation which funds are used to subsidize organization of a Course and a those who will shortly be attending law students to the tune Seminar: A course is an offering practicing may face in a few of $15.00 per student and each of more formally organized student is required to pay an months. subject matter, frequently additional SIO $15 per ticket. Urban Problems Dear Sir: principles within a Discipline. However, the problems classified as Urban Law are relatively new and open ended. Few texts, if his - communicated from or Lecturer by the Professor the lecture method, to a comparatively larger group of students. A seminar is a form of class organization in higher education in which a group Barbara M. Sims Wo mens' Liberation - Last year 70 students attended the dance. This year the Board of Directbrs rejected the Barrister's Ball because: (1) Spending $ 15.00per/capita on the students who attend was an excessive amount of money. This letter is in response to Bill (2) The money could be shifted to MacTiernan's article "I Used to items of higher priority area of social Want to be John Wayne" which particularly in theThe Ball was appeared in the Nov. 16th edition invblvment. (3) unsuccessful since affairs of this of The Opinion. nature do not offer students the hearing tired of am about I men's liberation. Especially as it is entertainment they desire, and (4) modern for More entertainment by discussed men. I believe Mr. MacTiernan's article is a prime less cost could be had for more such as rock students a concert or example of what I mean. Why is it that men who are dance. Although some individuals in accosted with women's lib. almost the Board of Directors asserted respond with a development, "Legal Resources, übiquitously that this Ball was popular, such cry of corresponding "men's lib.", etc." was designed to combine the too. Why can't men respond staunch past participants and three educational methods, in its directly to the question of connoisseurs as JeffFrank asserted Wednesday and Friday sessions. that "A dance of the fifties has no The seminar was so structured women's lib. without redirecting place in the seventies." The the question toward themselves, that two Guests were assigned to indulging in self-pity? Isn't election of 5 out of 6 members of and develop each topic. The first indicates just that in the Freshman another, perhaps more Lecturer was to provide a more this subtle, perhaps more sympathetic class, there is little support for the theoretical perspective, while the Additionally significant second was chosen for his reason for women to go easy on Balls. practical experience in the area. them, and show more segment of the upper class concur in the Given that format, it should not appreciation for the mess they're representatives the rejection of Ball. have been inconceivable that a in,too? aspect certain of the problem S.B.A. has a long Banquet The I think so. And 1 think the might be considered of such deficiencies in Western Man's and sordid history. The Banquet is gravity that both Lecturers ( or dinner semi-formal personality social to which all are well stated a several of them ) might have felt by Mr. MacTiernan. But they are officers of the S.B.A. and all warranted in referring to it, in a members of the Board of thorough presentation of the not what is at issue. A man is free, if he can gather the strength to do Directors and the Committees are subject matter. invited. The dinner is usually held put to aside all the restraints so, Reporter, In the October 29 and restrictions on character at a very expensive restaurant an article appeared entitled that his society his imposes. A (Cloister) to "repay" and "honor" "Huge Lecture Classes Are Just woman, very simply, is not. She, these servants of the people. The Fine If a Head Full of Facts Is the fact, is bound by the mess men Board of Directors have funded Aim." The article was a comment in have gotten themselves into, and this dinner in past years at upon a lecture delivered by Dr. is burdened not only by having to amounts ranging from over Wilbert J. McKeachie, Chairman, function, if she attains any success $1,000 to last years total of $400. Department of Psychology, in her liberation, in a messed-up This years Board of Directors University of Michigan, who is world of men who want and need rejected this affair for the considered to be an authority on following reasons: sympathy. learning research in college (l)The money could be used Consequently, I suggest that teaching. once stop thinking about elsewhere; At column 2, of the article the men for (2)The beneficiaries do not helping themselves and begin to following appears: McKeachie work for women's lib. The only earn and should not expect this cited studies which tend to true way to liberate yourself reward; is to indicate that free discussions in liberate those whom you oppress. (3)lt is unethical for a Student which the instructor serves as a Government to vote student funds Samuel C. Fried superior to consultant only are to repay itself; and either lectures or regular (4)As an act of good faith to discussions in developing the student body, the Board will thinking ability and in causing Ball and Banquet not fund itself. attitude change. Although some members of the A Colorado study, he said, Dear Sir: Board of Directors desire to has even indicated that student President Penny has chosen to eliminate the Banquet without led discussions are superior on turn his "President's Column" question others asserted that the —all counts, leading one to ask into a forum for partisan politics. fairest of all ways to approach the "if we need teachers at all." It is traditional that the President subject was through a student However, he reassured the of the S.B.A. represent to the referendum. I hope this clarifies group, in these "student public the positions taken by the the actions taken by theBoard of directed" di scussions, the Board of Directors. In last issues Directors. instructor did not simply column, Mr. Penny clearly Richard J. Rosche of advanced students engage in research or advanced study under the general direction of one or more staff members, Professors or Lecturers. It tends to be rather informed and frequently takes the form ofgeneral discussion. Many educators believe that the most beneficial educational experience to the student, however, is a combination of lecture,discussion,and independent research. By its description and _ - - abandon the students. The instructor prepared materials for discussion, was available for consultation on problems and worked out methods of assessment. This required even more time than preparing lectures, he said. I feel, also, that courses organized necessary around texts may be for most efficiently certain basic communicating Dear Sir: indicated that he supported both the Barristers Ball and the S.B.A. Banquet, contrary to the voting majority of the Board of Directors. The President not only failed to present the official position of the Board of Directors, but presented no reasons in support of the Board's actions. If Mr. Penny continues to use the space you call the "President's Column" to present the"Editor should addressed to 77ie Opinion, Eagle St. Buffalo, N.Y. W. 14202. Letters must contain the address and name, telephone number of the identity sender, although his will be kept anonymous if requested. Letters may be shortened at the Editor's discteJioiL. be Letters to 77 '' �December 4, 1970 THE OPINION 3 International Law: An Interview with Professor Thomas Buergenthal Professor Thomas Buergenthal, Chairman of International Legal Studies at State University of New York at Buffalo School of Law, outlined the direction the program hopefully will take at the law school. Because of the increasing effects that international law has upon the rights and obligations of individuals, he feels international legal studies is a most important part of one's legal background. International legal studies can give insight into many areas of law and help solve problems of war treaties, commerce, business, and individual rights by providing the necessary concepts, mechanisms, and structures in which the international community can operate. International law can also be very valuable in understanding how one's own national laws operate and it can often help open new vistas in solving domestic problems. Dr. Buergenthal contends that international law need not be thought of as a remote area, that many of the legal problems of international law can be handled here in Buffalo with local firms leading the way. Business transactions (especially with Canada), treaty obligations, and even military cases which deal with international questions are some of the very real problems that may arise and have to be resolved. Three prongedapproach In order to meet the growing need in this area, and to provide a relevant, meaningful program, a Prisoner Release: Learn and Earn school offering a course in Comparative Environmental Planning and Development. Canadian-American legal study Another area of the Comparative Law Curriculum is the Canadian American legal study. Because of Buffalo's unique position to Canada it is felt that this law school can provide an exceptional opportunity for the development of a Canadian studies program. A number of specific fieldsof law are affected by the interaction between Canada and the United States, and it is proposed that thisschool develop a program in comparative law with a Canadian Law School, that workshops be set up, and lectures and symposia be arranged. So far this program has not developed to the fullest extent of the proposal. Much of the comparative Canadian American study Program will have to wait until Interim-Dean Angus, who teaches courses in this area is freed formhis administrative duties. The Brussels Summer Program in comparative law has been abandoned by the university. This program included six weeks study in Brussels, Belgium with about 33 students and 5 faculty in the areas of comparative and inter- national law. Because of disagreements as to policies of administration about how the program was to operate, and the resignation of the head of the program, Professor Buergenthal, and his sabbatical last year, the three pronged approach has been attempted in order program was abandoned with little chance that it to fulfill the needs of an international legal studies will be revived. Funds for the program have been program. The program includes; one, An diverted now to other areas of the law school. But International Law Curriculum consisting of courses there are hopes that new and unique international and seminars; two, A Comparative Law Curriculum; studies will be developed here in the future. and three, Publications through the Buffalo Law Master's program Review. An International Law Curriculum includes One program that can easily be adopted because courses and seminars being offered by Professors of the substantia! collection of international law Buergenthal and Davidson, and from time to time materials in the law library would' be an intensive other professors at the law school, in the area of two summer international legal studies program international and human rights. A search is which in addition to the requirements to the J.D. underway now for an additional faculty member in would lead to an L.L.M. In this program qualified the area of international law and it hoped that the experts could be brought to Buffalo along with foreign student to participate in a program of position will be filled very soon. The Comparative Law Program that is presently international studies. operating is the "Comparative Environmental Law Recently, Parma, Italy sent a visitor to the law Program," pioneered by Professor Kaplan which school to explore possible areas of interest for an of students and faculty with the Italian exchange includes an exchange of professors. Presently Professor James Magavern is in the Philippines, and University in the area of law. Possible future Professor Mukerjee from India is here at the law continued on page 4 - Program are receiving "experience in Criminal law which is invaluable," according Terry Connors, the student supervisor of the program. They are also receiving two dollars an hour thanks to the Bar Association, Attorney General's Office are the in the program this semester is the Mental Health division and the City of Buffalo Corporate Counsel Bureau of Consumer Frauds. Greg Office. Dick, Rosche and David Burshorr was assigned to the Chiarolanza are working from this Mental Hygiene Division where he office. Next semester the clinic is concerned with petitions from the inmates in State Mental program will place five-students in the District Attorney's office Joseph Crause was Hospitals. assigned to the Bureau of where they will be involved with the Criminal Appeals in Consumer Frauds. The last student from the Rochester. Four students, most likely program in the New York State Law Department is Michael seniors, will be assigned to the Stebick who's in the Erie County Attorney's Office. These students, pending Miscellaneousdivision. This division is a catch-all. It permission, will be able to make investigation and analysis, deals with automobile license court appearances for the research and writing, pleading, revocations circuit court practice, government. Permission for third motion practice, examinations wills, probates, and narcotic year students to go to court has already been given for students in before trial, trial procedure and rehabilitation. techniques, appellate practice, and The other government agency the other clinic course, Legal Aid. post-conviction remedies, under the direction of experienced The government Litigation Clinic gives "the student an opportunity to take a look at the practice of law from the government's side," according to Mr. Manak, the clinic's professor. The clinic, a three credit hour elective will be expanded next semester into two more government agencies and will accommodate nine more students. This semester ten second and third year students are being exposed to civil and criminal practice. The students are learning the techniques of of case practioners. Eight of the students this semester are working in divisions of the New York State Law Department. Eric Kerness, James Rogers, and Grenville Harrob are preparing pleadings, paper work, and risk they request his release at a bail hearing. The defendants lawyers are usually present at these hearings. Connors feels the students "have established credibility with the court." Only « very low percentage of prisoners released through the program have fled the jurisdiction of the court. The program has co-ordinated itself with the Concerned Law Students for Peace, in case students, who also seem to be point at the indigent, need bail in the event of mass arrests. Working in Prisoner Release in TERRY CONNERS, student for the Prisoner Release among the has come a very supervisor Program, feels that the program years. long way in three satisfying, Connors feels, for "one sees the results right there." Legal Observers On Aid Mattachines October 29, several members of the Legal Concerned Law Students for Peace attended a Friday evening, Observers Corps of Halloween Ball given by the Mattachine Society of the Niagara Frontier at a local VFW Post. In light of several past incidents of official interference as well as the arbitrary denial of a liquor license by the State Liquor Authority for their forthcoming function, the Mattachines called upon the Legal Observer Corps and the ACLU to appear at their first public gathering to assure the availability of an objective account should there be any further instances of official intrusion. Although the evening went well and without interuption, the Mattachines consider it only the first step in their new plans for gaining social recognition and legalequality. During several meetings held in preparation for the Halloween Ball, the: Legal Observers Corps learned that the Mattachines have formed a political action committee for the purpose of pursuing new avenues for obtaining social justice. Included in the committee's deliberations are plans for positive legal action in order to enforce the constitutional rights of transsexuals. Who is "Qualified" for Clerkships? Cochran, by J. Otis group of law journal officers plus National Chairman, B.A.L.S.A. one or two rank-and-file journal selecting clerks members with the highest grades. The system of for the nation's judges continues Selection of this kind of student to be an amazingly anachronistic shows a remarkable lack of throw-back to an earlier age. understanding of the impetus Judges who were eloquent about behind grade reform of the past the living law, who have not few years; for the abolition of the hesitated to challenge and destroy old grading systems in many patterns of social behavior that schools and the gradual stood for centuries in this abandonment of the old rigid, country, nevertheless turn to grade-conscious criteria for procedures for selecting their admission to law school clerks that practically guarantee demonstrate that many law school that some invidious social students and faculties have come patterns, at least, will never to realize that there are measures change. A clerkship is not likely of solid potential for or to go to a person who has truly achievement in legal scholarship immersed himself in the social other than the sterile rankings of problems of today, for the numerical evaluation. Why then nominees are selected by faculty do faculty committees continue committees who put a premium to make nominations for on all the traditional touchstones clerkships based solely on the old, of law school success classroom gradually eroding criteria? And grades and law journal research. why do judges continue to follow Seldom will a faculty committee so slavishly those same measures ever recommend a person who has of success and accomplishment? Is strayed too far from those it not obvious to everyone that traditional measures of success, a some of the brightest and most person who has in fact challenged competent law students have the legal or social structures in pursued legal studiesoutside those any significant way. traditional avenues? Surely the Their nominees are rather student who has spent much of always the entirely predictable continued on page 4 - PROFESSOR JAMES Manak makes a Litigation Clinic's weekly seminar meeting. The program which aids the indigent who lacks monies to pay bail was initiated three years ago under the name of the John Howard Society. Openings in the program for law students are limited by the funds allotted, but Conners says the program has enough students to do what it does now. The Bail Release workers interview the prisoners, verify the information given them and if the prisoner is in their opinion a good - Government Litigation Clinic Expands answering motions in connection with negligence claims against the state in the Claims and Litigation Division out of the Attorney General'sOffice. Rose Hamlin, a second year student, and Paul Rosenstein are working this semester on habeas corpus proceedings at Attica State Prison. They help defend the warden against petitions made by the prisoners. Two more divisions in the The dozen students working which took over the program and within the Prisoner Release began funding it last year. �December 4, THE OPINION 4 1970 Niagara University BUFFALO, N. Y. BtMlo •Law • Sclpol. 1887 Niagara University. ° 197 pallU Onlar ofLadßru. News Briefs Library Announcements The library would like toannounce a change in the hours it will be open. The Sunday hours will be extended from 1to 5 0:clock to 1 to 9 0:elock. The possibility of other changes is being investigated. One suggestion is thai the library be closed at five p.m. on Friday and those hours be added to other days. SBA President Bob Penny would like comments on this idea. The problerfi with increasing the library hours is that it is difficult to get maintenance personal who must be present when lhe building is open. Efforts are being made to obtain help form N—*-■ the Main campus. The library has an opening for one professional librarian. Applicants must have a degree in Library Science. Within the next few years ten professional librarians will be added to the staff. Library Week The problems of the Freshamn Library Research Week are being discussed with Professor Mostecky. Consideration is being given to several ideas such as: smaller groups, possibly seminars, and spreading the lime out so that both sections do not use the facilities at the same time. International Law (continued from page 3) programs may be developed with this European university in which it would be possible for an American law graduate'of this school to altend Parma to receive his Italian law degree. At the time it would allow students of Parma to attend Buffalo Law School and receive their American degree in law. Summerprogram Presently a summer program can be arranged if enough students at the law school are interested at the International- Institute of Human Rights at Strasbourg to be held July 5-23. This year the Institute will discuss Racial Discrimination and Human Rights. Professor Buergenthal will direct a seminar and possible credit could be arranged. If you are interested in attending this Institute contact Professor Buergenthal or attend the International Legal StudiesCommittee meeting. One part of International Legal Studies has been to help the student who is interested in planning a study after his graduation from law school. Professor Buergenthal has placed a few students interested in international law and related fields in several foreign universities. If anyone is interested in such a program after graduation, or in a summer program at a foreign university they may contact "him or the Main Campus Council of International Studies, 107 Townsend Hall where'Mr. James Michielli may be of help in planning foreign programs of study. One can see that international study at the Law School has a lot of potential. Dr. Buergenthal, a most qualified man in his area, is only too willing to be of assistance, but there will be no programs if there is no student interest in the development of meaningful and on going programs. If you have such an interest, make it known by attending the International Legal Studies Committee meeting. Notice of date and time will be posted. program of Freshmen Talk with Faculty Last Friday the thirteenth, members met with freshmen in the Faculty Lounge A report on Ihe Library Research Week was prepared for the SBA the freshman directors. The five page report's summary concludes with " the weeks gaol has been lost instructional and administrative mixups and misconceptions." Copies of the report were posted on the bulletin boards. faculty by and discussed suggestions for curriculum changes. The freshmen's desire for some Freshmen talk with faculty Last friday the thirteenth, faculty members met with freshman in the Faculty Lounge and discussed suggestions for curriculum changes. The freshmen's desire for some practical experience in law during the first year of study and for less strictly read-thc-book courses resulted in lhe faculty's questioning freshmen legal competency. Dean Angus reminded the small gathering of predominantly women students that "unauthorized practice of law" is a real problem and that freshmen just do not have the ability yet for field work. The faculty members who will be giving freshmen seminars next semester feel that these seminars will be relevant lo the students. Richard Pariser, Junior representative, has announced his resignation from the S.B.A. Board of Directors. He gave as the reason for his resignation a lack of time due to other commitments. Robert Penny, S.B.A. President, announced that an election to fill the vacancy will be held before the Christmas break. Petitions for candidacy may be picked up at Shirley's office. Attention Seniors: Miss Sandra Kay Yearbook editor asks that you please get your Yearbook portraits fakren at Hengerer's Bth Floor, Main Street across the mall as soon as possible. Can*for an appointment before ynu go the number is 856-6666. Hours are 10:15 to 5:15 on weekdays, EXCEPT Monday and Thursday when they are open until 9:00 p.m. pratical experience in law during the first year of study and forless strictly read-the-book courses resulted in the faculty's questioning freshmen PROFESSOR DONEGAN and Professor Rickent exchanging ideas with students in theFaculty Lounge. Clerkships (continued from page 3) his law school career working in a community law office has had as much experience in analyzing and researching practical legal problems as any cloistered scholar has had. It is extremely ironic, therefore, that the same judges who have proclaimed from the bench for so many years the necessity for our society to move more rapidly to find room forall kinds of racial and cultural minorities in its social structures should still resist so strongly the idea that they themselves should find room for such minorities within the social structure over they have most direct control. It is time for the judges and United States Attorney's offices and the various states* attorneys' offices around the which country to move more forcefully to look beyond the old sterile measures of success in legal scholarship. American Law Students Association will, during The Black next month, visit the chambers of judgesin Washington, D.C., and several other cities in support of its CAMPAIGN BENCH RIGHT 7 aimed at encouraging the eradication every all-white federal judicial district in the country. the legal competency. Dean Angus reminded the small gathering of predominantly women students that "unauthorized practice of law" is a real problem and that freshmen just do not have the ability yet for field work. The faculty members who will be freshmen seminars next semester feel that these seminars willbe relevant to the students. giving Transition (continued from page 2) Resolution of this conflict will in due course for it is come apparent that the present freshman class is more socially conscious than the proceeding classes. It is equally clear that for the near future the constructive conflict will continue. � 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, 1970-12-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/4/1970 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/b68750fb71dcfab0f71ee49f9559cb03.pdf 4a7f839a229a3003548d1b6daab95284 PDF Text Text THEOPINION Volume 11, No. 5 UB Grads Pass Bar The State Board of Law Examiners last week announced the names of seventy-two 1970 graduates of the UB Law School who passed the State Bar examination administered last July 30-31. Of the 102 UB grads who took the exam, 70.5% passed. This was a slight improvement over 1969 when 106 took the exam, and 74 or 69.8% passed. Statewide, 1,526 (79.0%) passed out some 1,985 who attempted it. Those passing the exam will receive formal written notice before Christmas. Also announced were the 264 whose foraml certivicatioh will be delayed, despite passing the Bar Exam, because they have neglected to file all required proof of compliance with the rules of the New York State Court of Appeals. names of State University of New York at Buffalo School of Law December 17, 1970 Dean Announces Open Door Policy At an open meeting last Thursday afternoon, Dean Schwartz announced that he would adopt an "open door" policy next fall. Anyone wishing to speak with him can place his name on a sigh-up sheet and have his chance to talk with the Dean. The Dean said to the 30 or more students who took advantage of the opportunity to meet with him, "Students ought to be accorded full order of consideration." He discussed with the students the problem of faculty-student relationship at the law school. The students explained the gap which exists between the actual student participation on faculty-student committees and what would be real participation. To a comment by one student about how the faculty shuts the students out, the Dean replied, "the Faculty does that to me sometimes." The students and the Dean discussed Faculty-student committee ratios. He didn't favor the student suggested 1:1 ratio. He feared the binding effect such a ratio would have on the facully if one faculty member and a united student representation could form a majority. He felt a "2-1 ratio is a good arrangement." He did agree wilh lhe students that committees based on voting might be better than lhe present consensus run committees, and that the final opinion of a voting committee should weigh very heavily with non-commiltee members. Two students described to him the faculty's "Inherent ability" to stack the committees, and the disadvantage this stacking gives the students who do not have the power to stack committees. The Dean declined to comment further on what may be the problem in lhe committees, hut he commented, "stacking may be the mechanism, I don't know." The discussion turned to comments aboul the society at large, where lhe Dean said, "There is something wrong. There are angry voices." He asked the students, "Where do we go from here?" "RIGHT,'' according to pragmatics. " Dean Schwartz, "is a matter of The studenis wanted to go to the question of teaching versus research and tenure. The Dean assured the students that "You know if a teacher is good by asking the studenis." "Sometimes," he said, "a published faculty has a bad reputation as a teaching faculty." "There can be a brilliant teacher who doesn't publish. Criteriashould be shifted." "Right," he said, "is a matter of pragmatics." SBA Forum Hosts Two Speakers Thompson Speaks on Panthers "Man once born has a right lo live; once alive he ahs a right to share the wealth-" one aphorism emphasized in a talk given by Tim Thompson of the Buffalo chapter, National Committee to Combat Black Panther Party, audience of abou4o on December 11. He advocated in essence a class struggle of the have-nots against the haves; of poor Blacks in Black communities and poor Whites in White communities, to educate and organize themselves, to work together and share according to each one's educate and organize themselves, to work together and share according to each one's Thompson countered a questioner alleging Black racism in the BPP by emphasizing that one must judge people by their actions, not the color of their skin anything else being indicative of reastionary attitudes. The present conflict is seen as a class else being Fascism, before an Sullivan on Zionism Palestinean Guerrilla's Viewpoint Appearing in place of the originally scheduled speaker at Wednesday's S.B.A. Speaker's Forum (Tim Thompson of the Buffalo Black Panther organization) were two UB students who spent seven months traveling throughout the Middle East. The students, Don Sullivan and James Berlin, spent their time with the Democratic Popular Front for the Liberation of Palestine as representatives of U.S. left-wing newspapers. The purpose of their mission was to learn first-hand the history, plight, and viewpoint of the Palestinean guerrilla movement. Sullivan and Berlin related that the Palestineans were surprised to discover that "there were some people in the United States who were trying to undeestand the Palestinean viewpoint." They found the guerillas friendly. Mr. Sullivan said thaf'they were willing to share whatever they had with us." In his explanation of the Palestinean viewpoint, Mr. Sullivan said, "The Palestineans make a distinction between Jewsand Zionists. They are not against the Jews as a people, but are against the Zionist philsoophy. continued on page 3 together and work on it. When asked about specific programs of the BPP Thompson outlined the actual or potential development of free breakfast programs for children, free medical clinicwas to contrast it to The Revolutionary People's Constitutional Convention. The - - Continued arrests on trumped-up charges, with little evidence, is claimed, as well as break-ins in indicative ofreactionary attitudes. The present conflict is seen as a class struggle, as a poor peoples' fight rather than a race struggle, racism being a blinding tool to keep poor people divided and at each other's throats. Thompson disagreed with Stokely Carmichael's premise that Black people have to run the whole show in order to get anything done. He is qualified this position, however, by stating that which get anything done. He qualified this position, however, by stating that which Whites (Blacks) develop a good tactic or idea then both the Black and White poor can get rather than live in and be controlled by the suburbs (Black ghetlo-bred cops i" Black gheltos ihe obvious conclusion). Thompson implied that neither the NCCF or the BPP was to be the vehicle directly implementing these programs in the long run. They try to operate by example, helping the community organize and initiate programs, proceeding to deal with the next level of problems once Ihe community can run the first level programs smoothly. Police harassment recurred as a dominant theme of Thompsho's presentation and responses allegedly a nationwide conspiracy to put down the BPP. He said that The Panther's Constitutional Convention was forced from Washington to Howard University and from there to the streets in attempted police sabotage. Panther offices and destruction ofr confiscation the of equipment, literature, clothes, or Tim Thompson Federal Constitution a), was not being implemented for the have nots b). was basically designed to serve the interests of a limited socio-economically privileged class a new constitution must be relevant to the needs of all groups, and must be one that will be implemented. Thompson advocated local control of the police, whereby become involved in its problems and its values. - the food for free programs in Baltimore, breakfast Buffalo, and elesewhere (it might he noted that press destruction or confiscation of equipment, leterature, clothes, or the food for free quantities of firearms and ammunition, which admittedly may be as likely to be found in a VFW post. Despite harassment the movement does not plan lo go underground, as the Weatherman have done. A vanguard can teach continued on page 4 �December 17, THE OPINION 1970 2 Letters To The Editor Editorial To the Editor: Several students in the recent meeting with Dean Schwartz expressed concern about an |i administration-faculty /student communication gap. Certainly the physical separation of the Faculty into blocks apart makes the gap more aggravated than most schools face but this should not be an insurmountable barrier. One of the more noticeable manifestations of this separate-ness and autonomousness is the maintenance of two lounges one for faculty and administration, one for students with almost no cross-fertilization of ideas or understanding between the two groups. buildings two — - What's wrong with the SBA? Lets examine the facts taken from the officialSBA minutes. FACT: Since there have September II been 13 SBA meetings, total time spent 18 hours 42 minutes, total time per seeting 1 hour, 29 minutes, shortest meeting 45 minutes, longest meeting 2 hours, 40 minutes. FACT: Attendance figures taken from Oct. 23rd, the first meeting of the present body, until Dec. 7th show 77.5% attendance for SBA as a body, 86% for the officers, 76% for the seniors, 71% for juniors, and 79% for freshmen. FACT: Only the SBA meeting of Oct. 23rd had 100% attendance. That meeting was also We feel the desegregation of the Prudential Lounge would not be an unreasonable sacrifice lor the faculty to Ihe first meeting of the record. make in the name of better communication. But whether FACT: the above figures are overly optimistic. They do not this suggestion is acted upon or not, we invite, we urge our two meetings where there reflect professors, our deans, and our librarians to make themselves was a failure to raise a quorum. available for informal discussions of mutual problems by Also attendance dwondies rapidly begins. coming and rapping with us in the lounge in the basement at once a meeting What is the solution? Eagle Street. I don't believe that an hour - and a half is time enough to carry our SBA business. Many of the problems are complex. Cooperation from the OPINION THE Volume 11, No. 4 . administration is needed to allow December 4, 1970 Editor-in-Chief .... John R. Samuelson Assistant Editor Kathleen Spann Business Manager .Malcolm L. Morris Circulation Editor George Riedel Staff: Jeffrey Sommer, Clarence Sundram, Warren Rosenbaum. Michael Montgomery, Linda Cleveland. Reporters: William Lobbins, Richard Rosche. Photographer: Samuel Newman Columnist: Bill MacTiernan The Opinion is published every other week by the student newspaperof of Law, 77 West Eagle Street, 14202. The Opinion is a non-profit University Press at the SUNYAB. Buffalo, N. Y. more time for SBA to hold meetings without conflicting with class time, or meetings should be held in the evening. Another solution is a smaller SBA body. Are six members per class really necessary? The student body by its power of recall may insist upon absolute and faithful attendance. As a last resort, eliminate the conlinuing need for a quorum to carry on SBA business once the quorum has been reached. Yours truly, Michael P. Dyziak Buffalo. It is School organization. Third class postage entered at Buffalo, New York. To the Editor: It was very distressing to hear lhat in response to a petition for more adequate library hours signed by 250 students, there is a proposal to grant 'four additional hours during the week. This is qualified however by the condition that the library be itself are, without doubt, thebest closed Friday evenings, a students. For them, understanding deduction of five hours per week. the labyrinth of legal reasoning is This is most certainly an untenable compromise. not a means, but an end. The specialized resources of A second motivational factor this library cannot be found in occupation is in ones choice of belief that this occupation will any other library in town. Also allow the individual to accomplish because of the current number of worth-while goals. The distinction students, there ■ is a seating between the sterotype intellectual problem at certain times of the as opposed to the sterotype day. Hopefully, longer hours would somewhat alleviate the activist. Of course, there is a third condition by spreading out the major, but unspoken motivation. time during which students can do Job Training by Bill MacTiernan Each day when 1have to force myself to study or to research assignment, doubts arise as some to whether I should be doing this at all. I answer these doubts with the assertion that, "I have to do something." This answer does not seem to be quite the ideal motivation that one would expect of a professional student Indeed, the ideal would be something to the effect that, the practice of law hab been a longtime goal, and the law school being another step toward the accomplishment of that goal, then the motivation for each particular piece of work is the intellectual enjoyment and challenge involved in the assignment. There are several factors which motivate people in their choice of an occupation. (Assuming one has the choice, which is not the case for most men). The first reason might be termed "enjoyment of process." The law students who are in this school because they enjoy the doing of legal work Like Frank Zappa, there still exist theirwork. A statement some of those dispicable anachronisms who are only in it that probably a students did not for the money. My assertion that I am here hours. Since availability of because I have to do something, is indicative of the boundless resource at enthusiasm with which I approach the experience of life. It is also, as in my more serious I will admit moments, indicative of the presence of all three of these motivations, but in a weakened sense. The process is acceptable, rather than enjoyable, the continued on page 3 was make hours, there is a maintenance man on duty until midnight at least three nights a week, and yet the library closes at 10 p.m. I would urge a more reasonable compormise by the administration on thisissue. Judith Kampf Paradoxically, students are ignorant in comparison to instructors only as long as they think they are. When students realize that instructors don't know much more, thet they only induce feelings of inferiority to maintain dominance, that things don't have to be organized the way they are now, student ignorance changes to wisdom as night into day. To the Editor: Terry DiFillippo say instructors exercise to much power over us, the first year I students. Must we be harassed for preparedness in class? Must we be harassed, humiliated, stigmatized, even penalized in grade points for not preparing our work exactly and when our instructors want it? Is not responsibility for passing finals and the bar exam more than enough dominion over us, without such extraneous how powers? Some of our subjugation is our own fault. Too many of us join in the fun made of a flustered student or compete to answer the question he has faltered on. We thereby acquiesce in the instructor's dominant position, expressing our tacit approval that he maintain it. Perhaps we too easily identify with admission to the elite legal profession. Whatever the reason, we should resist the instructors' attempts to induce feelings of inadequacy and competitiveness. These are their methods for dominating. When called on without volunteering our response should not be a servile, "yes, sir, let me read my brief for you," or a self effacing "Sorry, not prepared." The next time I am called on without volunteering, for the purpose of testing my preparedness, my answer will be don't care answer that." "I to I will be contrary for the sake of proving that I don't have to put up with such harassment. Other aspects of our subjugation are beyond our present control. For example, it is sacred policy in our school that instructors have the "acedemic freedom" to teach whatever they wany in their classroom. Overlooked in granting this freedom is that consequently 200 first year students may have absolutely no voice at all in deciding how they will spend their own academic time. Fortunately, not every instructor forges ahead completely oblivious to student desires, but then why do we students not object to those who do? Some of us believe that whatever the instructor is teaching falls under the concept of "basic law", that law which is indispensable to every lawyer. If this is so, then either section A or section B is getting short changed becaues they are nto covering the same materials. Evidently, the range of "basic law" of a subject is so wide that it cannot all be covered in a single course, so that each instructor must make some decision as to which part of the "basic law" he is going to cover. Why shouldn't students take part in this decision? Why should the desire of 200 count as nothing and of one count as everything? I propose a planning session to be to me majority of the care about longer when is the an educational held on the first class meeting an educational date of every course, at which institution predicated on a time instructors would present a majority of the student body range of subjects he feels are more never uses it at one time. The or less equally basic to his subject longer hours might well be and which are within his advantageous to different people competence to teach. Students and instructors should then at different times Finally, in answer to the together select the final question of the availability of curriculum for the course. maintenance men for longer Letters to the Editor should addressed to 77ie Opinion, 77 W. Eagle St. Buffalo, N.Y. 14202. Letters must contain the name, address and telephone number of the sender, although his identity will be kept anonymous if requested. Letters may be shortened at the Editor's discretion. be POLICY CONCERNING FAILURE TO TAKE EXAMINATIONS Students should remember that found in the Law the following policy is the current year of School Bulletin: to take the examination is a course when scheduled will result in a failure of the course unless, by reason of exceptional circumstances, the studeni is "Failure granted a postponement in taking the examination by the laculty." The Faculty has also adopted the policy that any student who is ill and has doubts that he may be able to complete the examination . should not commence examination. the Any' student who feels that he cannot take an examination because of illness must comply with the following procedure. If the student has made his appearance at the examination room but the examination has not started, then he should request permission not to take the examination from either the instructor in the course or the person from the law school administration who is present and administering the examination. If the student has not yet arrived at the Law School on Eagle Street or the Prudential Building, then he should call the Dean, the Assistant Dean or the Registrar, to recieve permission not to take the examination. GIVE 'TIL IT HELPS �17, December 1970 THE OPINION 3 Blumberg Memorandum Grace Blumberg, a third-year student and one of the two student representatives on the Professional" Program Committee, wrote a memorandum this fall suggesting the creation of a pratical curriculum, which would begin in the greshmen year. The practical curriculum would run for one and a half to three years. It would not eliminate required courses; instead it would mingle application with academics. Tin- goal of the proposal was "to make the curriculum, from the very start, relevant to the personal needs and professional goals of society-committed students." Recognizing, however, that a freshman student is "legally useless," she suggested, "combining substantive instruction in a single structured course." As alternatives to a single course, she suggested small seminars in poverty, welfare, consumer, women'r rights, and civil rights law or an "apprentice system" with upperclassmen in a workshop course. She discussed the practical curriculum, which would supplement substantive courses, proposal. for 25 or so freshmen. The generally endorsed her Profession Program Committee sent the memorandum to the freshmen seminar teachers. This resulted in the Faculty-Student meeting of November 13. The memorandum has been tabled by the Professional Program The Committee. A Frosh Curriculum Option In all courses, I hope that all members of the class (including myself) will be stimulated to thought beyond what is contained in the materials. This is especially true in soical legislation courses such as Women and the Law. To be sure there is much material to learn the laws that discriminate - against women, the laws that discriminate in favor of women and the laws that protect women against discrimination; but if the students or the course were to stop there it would be of little value. The basis of a course on the legal status of women, rather than a course on hie operation of the Equal Employment Opportunity Commission, is an assertion that GRACE BLUMBERG in the current law does not operate so as faculty lounge, explains her to afford women rights to which proposalat a gaculty-student they are entitled. Such an assertion is of course a highly meeting held in November. subjective statement as lo what those rights should be and a part of the course must be an examination of rights and grounds for rights. The assertion is also a somewhat less subjective claim, with what firms are doing in this that is, it is a claim that the legal area across the country, as well as system has certain imperatives concerning rights and these tips for implementing new programs and for improving imperatives are ignored in the treatment of women. existing ones. The essence of the course then A portion of the time of the concerns change, but before project's two full-time attorneys change can be proposed three and staff members deals with law things must be determined: what students. The attorneys and staff is wrong, what are the members would visit from school alternatives, and what is desireable. It is not only necessary to school apprising the student bodies of the opportunities to know how laws discriminate gainst public aspects available in service women, but to find out the of law and of the law firms while justifications for the particular which allow lawyers to dedicate a treatment to determine if such part of their time to pro bono j v sti f i c a t ion was or is still work relevant. If an attack is based on rights. The Section on Individual constitutional Rights and Responsibilities can do Job Training a bit. But it needs law student continued from page 2 members, law students that are concerned with the social achievements to be accomplished problems of their fellow citizens in the pursuit of legal work are law students that want to help. occasionally worth-while, and the Sure there are elements within the income will be comfortable. American Bar Association that In this age of the myth of aren't happy with some of the committed youth, to desire a Sections's liberal proposals and good job is a somewhat activities. But that's more reason disreputable goal. It seems evident for giving them our help. to me, that a large group of law A Liberal ABA ? by L. Shapiro There are many students in law schools throughout the country who feel that the American Bar Association has not fully responded to its obligation to become involved with the important concerns of society. It serves no useful purpose to speculate as to whether the AbA has been a conservative organization or has just been reflective of the national attitudes. What is significant is that it is a strong and viable association. It is by far the largest and most influential organization of attorneys. Just imagine what could be accomplished if.the ABA chose to make as its priorities the correction of the inequalities jn our legal system and an active participation in the solution of social problems, legal and non-legal alike. This is just what recently formed ABA standing committee, the Section on Individual Rights and Responsibilities, was established to do. become involved in the issues relevant to our times. But more than setting goals, this Section accomplished. The names of some of its subcommittees explain will its direction and focus: freedom of speech and press, alcoholism and drug reform, equal protection of the law, rights for women, freedom from hunger, problems of the American Indian, housing, overpopulation, right to legal services. Its journal is devoted to the subject of human rights. The last issue contained articles by Earl Warren, Robert Me Kay, Paul Freun, and Warren Burer. Presently, as one of its projects, the Section is examing the feasibility of a program designed to solicit, assist and coordinate private law firms in developing pro bonn publico efforts. With the aid of one or two lawyers hired full-time, the objective would be to create a program which would assist private law firms in the fevelopment of public interest . The Section seeks to produce programs. A newsletter would the field of individual If you think you are interested, rights and responsibilities and to periodically be issued as a means up a brochure at the Eagle stimulate individual lawyers in the of publicizing this program and its pick organized bar to consider and successes or failures. It would deal Street window. "knowledge" of constitutional law is not enough. Understanding of the process or how to use constitutional theory is the prerequisite for formulating arguments. If the problem concerns agency functions, the procedure must be well understood before it can be shown that the substantive law needs to be changed, the procedure should be changed or the agency given more money. Like my course in Social Legislation, the subject matter of Women and the Law is determined by the nature of the problem. History, economics, sociology, criminal law. constitutional law, contracts, administrative law and procedure are the tools. In judging the constitutionality of an abortion statute it is relevant to some courts that the, law in question was passed at a time when the dangers of death by infection from abortion were greater than the dangers of childbirth. In proposing amendments lo the Unemployment Insurance System, so as to include women on maternity leave, it is important lo know who pays for the insurance and how the payment is computed. Integrating contextual material with legal problems often does not resolve the issues, but usually helps to narrow them. When people start with different prejudice the introduction of data can only show the fight is over value judgements. On lhe other hand when people have similar values such data may provide resolutions to conflicts. A lawyer in his various roles is required to do both narrowing and resolving of issues. studenis are in law school because they could not find an acceptable job after getting their bachelors degree. They decided that being a lawyer was acceptable, and their reasoning toward this conclusion consisted to get job training, which is a normal goal for a twentieth century American. Never before has being normal required an apology. programs in From Other Law Schools UNIVERSITY type OF OREGON will develop because the presence of an organization which can make use of data developed . in clinical course-work makes that kind ofresearch In Oregon, the drive to start a student funded all the more interesting and valuable for students and public interest firm has spawned several new clinical the community. courses. At the University of Oregon in Eugene, Professor John R. Wish has developed a new course designed to '*. take a Nader's Raiders-type look at the marketing and reality." Focusing on Chevron Oil Company's technique for selling its new gasoline, F-310, one segment of the class concentrates on advertising practices with attention to a comparison of the company's testing methods and results claimed to derive from the product's use. Other sections of the class study new methods for the financing of higher education and the apparent anomaly of decreasing nutrition levels and rising food advertising expenditures. At Eastern Oregon College in La Grende, Charles Quaintance will teach a course on the problems encountered by the group attempting to form the public interest firm. Also in the works is a three-week seminar on the role that a public interest group like OSPIRG (Oregon Student Public Interest Research Group) can play in the conservation movement. It is expected that other courses of this NYU COMMENTATOR Stephan Gillers, a 1968 NYU Law graduate and now an associate with Paul, Weiss, Goldberg, Rifkind, Wharton and Garrison in New York proposes the creation of neighborhood law officers to be composed of attorneys living in the neighborhoods in which they work. They would offergroup legal services to working class and middle calss citizens "who might not consider hiring a lawyer to represent them except in the gravest of circumstances, e.g. a criminal proceeding." Services such a community firm might perform include: Represent a neighborhood which feels that the City or State is discriminating against it; help communities secure funding under the various federal and state acts that provide funds for community projects; represent communities in challenges to business and other interests that might pollute the neighborhoods streets. continued on page 4 Palestinean Guerrilla's Viewpoint continued from page 1 of the "Popular Front" is not to push all into the sea, but is a call for the creation of a unitary Palestinean where Arabs and Jews can enjoy equal rights." The call Jews State The two, sympathetic to the cause fo the "Popular Front", stated that the "David and Goliath conception that many Americans have of the Israeli situation is erroneous. The situation is just the oppositewith the odds weighed heavily against the disorganized Palestineans who are spread all throughout the Middle East." Following presentation of their findings and experiences, a vigorous discussion ensued in which a number of the members of the Student Body present vehemently disagreed with the position taken by the speakers. The validity of their viewpoint was questioned, particulary with respect to the bias Sullivan and Berlin has developed as a result of livingso intimately with the guerrillas. Warren B. Rosenbaum » �December THE OPINION 4 SPORTS and N.Y.U. also have From Other Law Schools Larson: For the Defense continued from page actively 17 sought 1970 women applicants. 3 HARVARD LAW^SCHOOL NORTH CAROLINA Women at Harvard Law have complained has won its first City League about repeated instances of discrimination in job encounter. Coach Steve Larson has stressed defense in all pre-season hiring. Recruiters choose on looks rather than practice and the team ?responded with an almost perfect ability, when they do hire women students. More accomplishment. They won 76-4. This is the third year the law school has had a team playing in the often, the woman graduate is ignored. When she is City League. In the first year under the organization of Fred Gorwood hired, tokenism seems to be the preferred policy. they won the league championship, and last year they lost in the finals. The Syracuse Law School Newspaper "The This year the team has four returning players, Bruce Norton, Judge", in the October 2nd issue, reports that the Charles Davis, Alan Snyder and Terry Conners. New players were salary for female law graduates in their first year out chosen this year, with most of the boys having had previous college averages 40% less than their male peers. Moreover, basketball experience. In the teams first game which was again st the Coast Guard, they on the average, women professionals earn only about literally sunk them. With Bruce Norton and Charles Davis leading the half as much as male professionals. way, the team was never in trouble. In only two quarters did the Many law school papers have contained similar opposition score a bucket. of sex discrimination. Perhaps a Davis and Norton who were scoring at will were aided by Terry discussions campaign should be undertaken to boycott Connors, Rich Clark and Lee Ginsburg. As the rest of the scoring was discriminatory firms or to bring suits under Title pretty even among the players.Coach Larson got the chance to use all VII. his bench strength. Freshmen Jerry Solomon and Ed Goyles got into Law schools should begin affirmative the game. The defense was the highlight as 6'B" Charles Davis, 64" Alan recruiting of qualified women college graduates. Snyder, and 64" Tom Parnelia dominated the boards. They never lost Duke University has pioneered in thiseffort. Harvard a rebound. Snyder blocked a half a dozen shots. The team plays-every Thursday night at seven at the Lonigan Center in South Buffalo. The games are free. The team urges all to attend. Mr. Joyce, who is presently at a basketball training camp, may join CoachLarson as his assistant coach next semester. The Law School's basketball team An imaginative group of Student Bar Representatives at North Carolina have incorporate the the UNC Student Bar Foundation. "The purpose of Foundation is to provide for assistance to disadvantaged resident North Carolina students who show promise in the study of law." Details of the plan may be obtained from Bob Farris, President of SBA and a director of the Foundation. DUQUESNE UNIVERSITY Duquesne's "JURIS" bills itself as a "Law School Newsmagazine." Instead of reporting which faculty member's kid got an A in penmanship or what drinks were served at the law reivew banquet, JURIS contains long, serious articles on important subjects. For example, last May's issue was devoted to mental illness and how the law treats the insane. The October issue studied gun control. Write to Robert S. Joseph, editor, for copies. News Briefs Attention Seniors: The yearbook editor asks that you please get your Yearbook Portraits taken at Hengerer's Bth floor. Main Street as soon as possible. Call for an appointment before you go. The number is 856-6666. Hours are 10:15 to 5:15 on weekdays, EXCEPT Monday and Thursday when they are open until 9:00 p.m. The Law Women, an organization formed to fight sex discrimination in the legal profession and to recruit women for law Rm, 744, the Prudential Bldg, Church Street. school, has an office in Office hours are Tuesdays and Phone: 852-4372, ex. 23. Thursdays from one to three. All women students interested intstudying law are welcome to come and discuss their interest. In a nine to six vote the ABA voted affirmed a motion not to fund a SBS banquet. \ RALPH NADER"S JOB OPENINGS: PUBLIC INTEREST RESEARCH GROUP HAS The Public Interest Research Group (PIRG) is an action organization founded by Ralph Nader Its 14 attorneys constitute the largest public interest law firm in the country. They use all of the tools of advocacy available to accomplish thier goals: litigation, publication, organizing, and legislative drafting. During the first six months of its existneee attorneys from PIRG instituted suits against corporate advertsing fraud, appeared in numerous federal regulatory hearings, published articles in several national magazines and undertook to organize college students to increase their activity fees to finance public interest lawyers. In addition, cooperative law projects were begun with law reviews and clinical programsin several law schools. Applications for 10 new positions for June 1971 law graduates are now being accepted. The starting salary is $4500 per year. Resumes should be sent to: Donald K. Ross Public Interest Research Group 1025 15th ST., N.W. Suite 601 Washington, D.C. 20005 from SBA Members in a Haze at Weekly Meeting Thompson Speaks on Panthers continued from page 1 its lessons only by visible businessmen who are cheating example. helpless Blacks every day is In discussing the ways in which self-defense, not violence. a retail merchant operating in Violence is bad, but ceases to be Black areas may be made to see violence when used in a situation that he msut operate in described as self-defensive (a conjunction with and for the conceptual development far from benefit of the people, rather than novel if one considers privilege in solely for his own mercantile tort law and justification in interests, Thompson promulgated criminal law the problem arises a rather innovative definition of when the party using force is alble violence. He advocated progress to absolve itself at will by difining through education rather than its action as self-defensive from violence, force may come in only internal generated in criminal law when used in self-defense. the problem arises when the Forceful dealing pour encourager party using force is able to absolve les autres when dealing with speaker. the - - The audience is worth mentioning; predominately White, as of course is the law school, and vocally sympathetic to the speaker, with a few exceptions. Some seemed rather confused as to why they concurred with the soflspoken NCCF representative, but they did. Two non-student spectators may be of interest: both 30-35 and dressed in the white shirt, thin tie, shapeless overcoat of the typical downtown wage slave. They asked but one question whether the BPP had any relations with North Korea or North Vietnam? - OPINION � 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, 1970-12-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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OPINION State University of New York at Buffalo School of Law March 19. 1971 Law Review Chooses New Staff Election Results Mandatory Fee Approved by JedWolkenbreil Since the publication of its first edition in the spring of 1951, the Buffalo Law Review has tried to produce a By a Friday by publication that is geared to the needs of both the legal scholar and the practicioner. twenty years of the staff has solicit professional present new and approaches to problems and to produce student work that reflects scholarship and thought. Throughout publication, attempted to articles that stimulating difficult legal Looking forward to Volume 21, newly .appointed Editor-in-chief, Bernard M. Brodsky stresses that he will New law Review Staff seated left to right: Warren Rosenbaum, try to make quality the theme of the Review. "It is not our John Spitzmiller, John Ark, Editor-in-chief Bernard Brodsky, Standing left says to right: Paul Battaglia, Arthur Dobson, Clarence Sundrum, Brodsky, "to intention," develop a voluminous Norman I.eßlanc. collection, but rather to try, Rosenbaum, Ass't Managing procedure for the selection of within our ability, to make a Editor; Norman Leßlanc and candidates is determined by the significant contribution to the Clarence Sundram, Article staff. Editor-in-chief Brodsky national legal community." Editors; and John Spitsmiller says that this will be the first Although Buffalo Law Review and Art Dobson, Note and order of business for the new board and that he will shortly is the only review of a law Comment Editors. announce the method of school in the S.U.N.Y. system, the staff has always refrained Other members of the staff selection for the candidates for from specializing in local or include: Roger Burlingame, Volume 21. The criteria of a good state matters. Brodsky said, Peter Insero, James Kelly, "An effort has been made to Howard Levine, John review is its usefulness to its maintain a national scope to Quackenbush, Robert Weill, Jed readers. From the very first our work that is within the Wolkenbreit, and Richard Woll. article ever published, "Res Ipsa Loquitor Vindicated" by limits of the financial resources at our disposal. Our position, In addition to the Louis Jaffe (then Professor of however, makes it important contribution that the Review Adminstrative Law at Harvard that we remain sensitive to the makes within the legal and later Dean of the Buffalo legal problems of the region community, it is a significant Law School), to the present and that we pay adequate part of the education of its time, usefulness has been the attention to the legal members. Candidates are chosen prime goal of the membc.a. developments within the state." each year from the Freshman The many requests for reprints Beginning their one year class based on their ability as of articles and the numerous term of office with the reflected both by their citations in law texts and legal Editor-in-chief are: John Ark, performance in class and by articles are an indication of Managing Editor; Warren their writing skill. Specific their success. - Thank You, Alumni three to two majority, in the referendum held last the Student Bar Association, the student body voted in favor of retaining the present system of mandatory student fees. In the same election, two amendments to the activity SBA Constitution were overwhelmingly approved. Also on the ballot were candidates for Directorships in all three classes. Winners there were: Senior class, Judy Ittig; Freshman class* William Buscaglia; and in the Junior class a tie between Lee Ginsburg and Mike Montgomery. The most important issue on the ballot was the referendum concerning the student activity fees. The purpose of the referendum was to sample student opinion so that the Board of Directors of the SBA could decide whether to continue the present system of mandatory fees or change to a voluntary system. If there was a clear mandate of the student body toward either system the Board would probably feel itself bound to favor that system. If, however, the results were inconclusive, the decision would lie with the Board, which seems to be divided on the issue. The results of the referendum, 150 for the present system, 100 for the voluntary system, and two with no opinion, indicate a clear majority favor the present system. In addition, of those voting for the present system, 9 called for increased fees, 106 for the present level of fees, and 28 for decreased fees. It remains to be seen how the Board will interpret the results. The two Constitutional Amendments that were approved concern: 1) allowing the Board of Directors to meet on any day of the week instead of requiring that the meeting be held on Friday; and 2) making it possible for an officer of the Board to be recalled and setting out procedures for such. The Senior class elected Judy Ittig for its representative for the remainder of the year. She received 38 of 41 votes. In the Freshman class William Buscaglia collected 55 of 111 votes cast to easily beat his nearest opponent Earl Carrel who polled 35 votes. The balloting was marked by much apparent hero worship. Included in the list of those names written in on the ballot were William F. Buckley, Richard Nixon, Bob Portney, and receiving two votes, Zalman King (Arron Silverman). The two leaders in the Junior class election for * representative battled to a 35-35 tie which will be decided in a run-off election. In addition, Carl Darnell received 16 votes. A total of 258 persons voted in the election which is approximately fifty percent of the student body. By class there were 51 Seniors, 96 Juniors, and 111 Freshmen. Moot Court Wins in Detroit The staff of the Opinion would like to sincerely thank the members of the Law Alumni Association for theircontribution which will make possible the mailing of the Opinion to all of theirmembers. It is our hope that through this effort greater communication may Two students from the SUNY represented the owner of the States. open between the alumni and students at theBuffalo Law School. Any Mr. Evans and Mr. Berkowitz at Buffalo Law School have won fictitious American yacht, who member wishing to express his opinion may write the Opinion, 77 the top award at a moot court sued the Canadian government for are juniors at the law school and West Eagle St., Buffalo, N.Y. 14202. competition held in Detroit. damages and appealed the case to members of the Moot Court the Sunreme Court of the United Board. The students, Leonard Berkowitz of 61 Wilbury PI., and Richard Evans of 2715 Eggert Rd., Tonawanda, received a trophy as the victorious team in the fourth annual Niagara International Moot Court Competition, hosted by the Wayne State University Law School in Detroit. On Tuesday, March 23, 1971, these issues will be as follows: O ther participants included at 7:00 p.m. in Norton Joseph Mattina-County Court teams from Western Ontario Law Conference Theatre on Main School (London, Ont.), Osgoode Street campus, Phi Alpha Delta Judge Mr. Paul Birzon, Local Hall (Toronto), and the University Fraternity will be holding its of Detroit Law School. annual Legal Symposium. The Practitioner and Instructor The competition involved a Mr. Willard Myers, Defender of topic this year will be Civil Rights ROTC 19. the fictitious collision between an enforcement, in and Law Representative of the District American yacht and a Canadian particular First Amendment Rights and Demonstrations and Attorney Office and a merchant vessel, which were Winning Team of Leonard Berkowitz (left) Richard Evans and Bail Preventive Detention. representative of the police sailing in the Detroit River. Mr. somber friend. Evans and Mr. Berkowitz Members of the panel discussing department. P. A. D. Announces Symposium ___ _^^^^^ �Editorial Screwed Again! March 19,1971 THE OPINION 2 HD... HD... What Are You? with some professors, There has been a good deal of dark muttering Random conversations to the latter conclusion. While around the law school in the days following the unhappily, point insist that there are only three periodic release of examination grades. While some some professors by the number and of the complaints have dealt with the wide variance grades, others, as evidenced awarded, obviously believe in the waiting periods (during which a number of us frequency of HD's remain transfixed under a sword of Damocles), that otherwise. This raises an interesting situation: to one who area is not the subject of this epistle. Rather, I the is totally unfamiliar with the subtle intricacies of the propose to deal with this curious phenomena grading system, it would appear that either all the Minervalike, sprung up. which has to HD flock, like the proverbial birds of a confound the existing confusion in the grading brilliant minds into a few select pourses or that certain feather, system. (or poorly learned) that When the new grading system was announced, it courses are so poorly taught of the students thereinrise above the level of was the understanding of most observers that there none by an H. While the latter would be only three grade classifications H, Q, and mediocrity represented unfortunately true in some cases, there U. No mention was made of the HD although this alternative is logical relationship between the necessary no or is the may have been a distant gleam in classification course is taught (or eye of an occasional optimistic professor who manner in which a particular the to use three grade policy and decision learned) foresaw the day when a brilliant student would so thoroughly dazzle him (the prof.) with his (the classifications. interests uniformity, of the faculty ought In the student's) mental agility that granting a mere H in the mess created The Board of Trustees of the State University ofNew York have proposed a tuition increase for the coming academic year of SO'vr or $400 for Professional schools. We believe that this increase is unwarranted and unjust. The fact is that law students pay the most tuition with the least amount of scholarship aid. Because of their rating as "Professional" students on the tuition scale, students at the Law School presently pay S_oo more a year than Graduate students in the University system. After the increase next year, we will be paying $400 more than other Graduate students. To make matters worse we are the only response would appear churlish. A quick glance at the bulletin boards where the graduate area which receives no scholarship aid from the grades are posted {on vari-colored cards) leads to one state (Medical and Dental students, the other porfessional of two conclusions: either we are blessed with more Regents Scholarships worth than our share of future Cardozo's and Frankfurter's area, receive special up the grading system! $350-$ 1.000 each year). We also have no equivilent to the or someone has screwed other financial aids such as teaching assistantships. grants, - - - etc. As a further irritant to Buffalo Law School students, the tuition increase is necessary to pay for construction of new buildings. With the Law School presently occupyingpossibly the most decrepit and overextended set ol" buildings in the State University system, it seems manifestly unfair to require the present students to pay for a luxurious facility that they will never see. The most serious objection to the tuition increase, however, is its effect on the -financial situation of the students. Many of the present students chose U.B. Law School mainly because they could not afford to attend other private law schools. The effect on these students could be very serious. Many may be forced to drop out. Some will attempt full or part-time employment to the detriment of their study. Others will be forced to take out heavy bank loans. The increase will also endanger programs to bring lower-income and minority students into the Law School. This is especially trueat present when many of theprograms are straining to meet present costs. It is, therefore, imperative that the tuition increase for the Law School be reconsidered and reduced. It is time that we law students stopped getting the short end of the stick and the long end of the expenses. Mandatory Fees Are Necessary The student body showed a knowing appreciation of the value of mandatory student activity fees Friday when it voted in favor of retaining them by a three-to-two majority. The student organizations and programs in the Law School presently face enough obstacles to overcome with hard courses of study and student apathy without adding the terrific burden of collecting funds with which to operate. Admittedly, some students do not participate in student organizations and therefore, they believe, receive no benefit from their fees. This, of course, is not true. The Opinion, the Moot Court Program, the PAD legal symposium, the speaker's program, to name but a few of the organizations funded, increase the value of the U.B. law school degree by enhancing its reputation, and therefore benefit all students even if they never join an organization or even glance at The Opinion. The benefits enjoyed by those participating, of course, are obvious. The student activity fee can be, and is to many students, the best investment of their law school careers. by a varied present to re-evaluate grading policy. If the result of the re-evaluation is to legitimize the HD, then perhaps the Grading Committee should consider reverting to the A,B,C system. C.J.S. Letters To The Editor the new system. To The Editor: among Differences professors are to be If the grade of HD-H-Q-U- are to be handed out like A B C F why not admit it, and use that letter grade system, a system whose criteria are familiar to student faculty, employer alike. The current methods are apparently not being used as the modified pass-fail system which many of us had believed it to be. If some professors continue to treat it as such, and others treat it as a modifiedstandard letter-grade system, many students will suffer. Student input in such an 1 would like to commend, and expected no matter what system thank, you and your staff for is used. There may be evidence your iniative and foresight in that the professors are not af all sending out The Opinion to sure what the various symbols are alumni of Buffalo Law School. As supposed to indicate, however, may a recent graduate, now working in particularly where one course Washington, D.C. for the result in 5 H.D's, 40 H's, and no U's while another course U's in 24 Interstate Commerce Commission, I find your paper an interesting up and 8 H's, only will be year forthcoming. Last school happenings at date of current examination might well be Buffalo. I enjoy reading of recent H.D.s were as rare Picasso's in the accomplished with a carefully activities and events of groups and Sistine Chapel; this year they were prepared opinion poll issued at projects that I, not long ago, was not at all uncommon. Is the next SBA election. part of. Thank you, and good luck everybody smarter this year, or did the faculty just discover that in your endeavor. Mike Montgomery the grade existed? Sincerely yours, Ernest J. Norman Class of 1970 To The Editor: GRANT US O' by Alan Minsker Final examinations are just The present H-Q-U system of two months away, and grading, coupled with the about many students are beginning abolition of the class ranking to experience the reality of system, were instituted at this that well-worn legal maxim, school for the first time during "somebody (the victim) is the 1969-70 school year. A novel going to get it in the ass 1 ." arrangement for law schools Naturally, tension is some high traditionally known for unavoidable and necessary degrees of competitiveness among both during examination week. But students, it was a radical is the trauma of having to departure from the old system of take one's first final only two numerical ranking. It was days after the last formal class admittedly something of an either inevitable or necessary? experiment. Three semesters, Does result in students almost four have passed since the learning it more? Does it result inception of this experiment. a more accurate evaluation in Should not the new method of of what students have learned? subject itself grade evaluation be Does it result in better to a more than cursory between faculty and reevaluation and examination, as relations Faculty? all good experiments are? If it is Under the present calender found that the H-Q-U system is for Spring Semester, 1971, not working as well as it might, some students will have only waiting for students to feel two days between their last sufficiently damaged as to and their first exam. class complain would be both Much tension could be iniquitous and inequitable, surely a bad thing to say of a law school. THE Involved in such a reevaluation might be not only an examination Vol. 11, No. 6 of the students' reaction to and Editor-in-Chief treatment under it, but the Assistant Editors reaction of that part of the F(f)A READING WEEK relieved, and much good could be accomplished if this two day period were extended into a seven day period. This is what is meant by the term, "Reading Week", seven days between the and the first last formal class final examination. Seven days in which to academically and prepare psychologically would be a everyone. boon to A petition for a Reading Week was signed by over one hundred fifty students at the law school; there is no doubt about student modification of A support. the present by Reading calander a Week would certainly be in the best interests of the student body. And, if properly implemented, a Reading Week could be one of those few changes which benefit every student, and could cause harm to none. 1. Katz, "A Psycho-Analytic 20 Conspiracy," Peek at Buffalo L.R. 239, 241. OPINION Much community teleologically important to us; the prospective employers in the area who may find it easier to judge the quality of a prospective associate better if he finished 49th out of 207 with an average of 79, rather than a man or woman who thought they did pretty well, having straight Q's (whatever they are), but have little basis with which to compare themselves to the rest of their class. Another consideration might be how the professors are using 19,197) JohnR. Samuelson .George Riedel Kathleen Spann Business Manager Malcolm L. Morris Staff: Mike Montgomery, Jeff Spencer, Alan Snyder Contributors: Bob Penny, Clarence Sundrum, Richard Rosche, Weinberg, Alan Minsker, Jed Welkenbreit. Photography: Samuel Fried, Samuel Newman. Richard The Opinion is published every other week except for vacations during the academic year. It is the student newspaper the of State University of New York at Buffalo School ofLaw, 77 West Eagle Street. Buffalo. New York, 14202. The Opinion if a non-profit organization. Third class postage entered at Buffalo. New York. �March 19,1971 THE OPINION 3 SBA A View From A Casual Observer by Richard Weinberg were the applicants' teaching ability, teaching and his utility in fitting in with the As a substitute to the Student Committee on present and future needs of the U.B. Law School. faculty meetings I had an opportunity to observe the There was no correlation attempted between the inner workings of a faculty meeting on the night of needs of the school in a particular field and the February eleven. The only order of business was the applicant's expertise. recommendations for faculty appointment to be To a casual observer this undertaking assumes made to President Ketter for his approval. The meeting was called unexpectedly, thus I filled in for the aura of bad drama due to lack of direction or student members not informed of its taking place overall purpose. By this time I was angry and that evening. frustrated at the meeting's lack-tuster performance. The meeting was called for five o'clock which Filled with hunger pains, as this show had already should have signified to me that 1 eat before lasted two and a half hours, I dared to ask for the attending but instead I hoped for an early ending floor. Upon receiving recognition I reminded those and a not too late dinner downtown. As it turned in attendance that teaching ability is an important out my expectations were ill-founded as the meeting facet of an appointtee's background. It is not enough, I held, to look solely at one's list of rolled on and on. Each faculty memberand student attending was publishing records, and the faculty should look at given a booklet containing resumes and letters of the candidates from the viewpoint of students who recommendations regarding each of the four attend each class. candidates for appointment. For many of the faculty I relinquished the floor gracefully and slid back and all students this was the first time such into my chair to see how long it would take the extraneous information was made available. Thus the meeting to fully ignore my impassioned pleas and, student representatives were unable to research each hopefully, not too elegant speech. applicant's background. The meeting progressed with questions and It was getting into the evening and my stomach discussions by the faculty concerning each sounded like a boiler in need of emergency repair. As applicant's publishing educational I left the meeting prematurely the faculty was record, background, experience, and general analytical arguing over what procedure of voting should be thinking ability. (Prof. Katz was the chief expert on used in listing the candidates in order of priority. As analytical and intellectual prowess.) Significantly left I headed to Ace's Steak Pit for emergency relief I out of the discussion and seemingly of consideration wondered if my presence was worth it all. background President's Corner by Bob Penny PLACEMENT In the past I have been accused of editorializing, in fact, using this column to express my own opinions. My contratulations to those astute students whonoticed this, they are exactly correct. Now for more opinions. .1 think the student body is closer than ever before to having a full time placement director. The new Dean has assured me that he will use one administrative line for this purpose. It is essential that the placement function be fulfilled in a vigorous manner. A new law school edifice is not the only required element for improving stature of this law school. An active alumni is also important, and placement is one way to improve alumni-student relations. SBA REORGANIZATION Based on what may be termed ineffective activity it has become painfully apparent that the SBA must improve its legislative capability. To this end I propose 1. that the Board of Directors be divided into and ad hoc committees, 2. all matters be referred Vp committee for committee recommendation 3. matters not be placed on the agenda until consideration, and committee those 4. committee matters, pending action, are not to be placed on the floor for discussion unless a majority of Directors present and voting urge the chair for early consideration. Committees to be include established Budget Constitution, Election, Social, Student-Faculty Relations and Grievance. -30- Legislative, Concerned About Environmental Pollution? Sue! By JOHN HAMER College Press Service Ever heard of Qui Tarn? No, you can't get it at a Chinese restaurant. And it's not a village in South Vietnam. Qui Tarn is a venerable old legal principal which allows you, the individual citizen, to file suit in the name of the government against people who break certain laws, and then collect half of the fine for a conviction. The idea has been getting a lot of attention lately coupled with another crusty old law called the Refuse Act of 1899, which forbids anyone or any group from throwing pollutants into any navigable waters in the United States without a permit. "Navigable waters" are defined as rivers, lakes, streams, or their tributaries sufficient to float a boat or log at high water. Permits are issued by the U. S. Army Corps of Engineers, but since the Corps has its chairman, Rep. Henry Reuss (D-Wisc). Reuss himself has filed Qui Tarn actions against four polluting companies in Milwaukee. The Subcommittee has just completed a report, "Qui Tarn Actions and the 1899 Refuse Act: Citizen Lawsuits Against Polluters of the Nation's Waterways," which will be released within two weeks and will be available from the U. S. Government Printing Office, Washington D.C. 20402 for 15 cents. It tells you exactly how to go about collecting evidence, filing suit, and cites impressive legal precedent to help you win your case. Besides the Reuss suits, two other Qui Tarn actions have been filed recently, one by a Seattle attorney and the other by an organization of bass fishermen in Alabama. Many environmentalists are hoping a lot more suits will be filed this fall. including yourself, who saw or knows could about necessary; a the discharges and them if testify about statement that the discharge is not authorized by Corps permit, or, if a permit was granted, state facts showing that the alleged violator is not complying with any condition of the permit; if the waterway into which the discharge occurred is not commonly known as navigable, or as a tributary to a navigable waterway, state facts to show such status; where possible, photographs Actually, the 1899 Refuse Nixon Administration was Act contains a provision that already hard at work to stop suits against violators should be large manufacturers from filed by the government, and polluting. The Federal Water the U.S. attorneys are also Quality Administration, Justice authorized to seek injunctions insisted, has set up "programs, to stop pollution of navigable policies and procedures" to waterways and to force the which "we shall defer with violators to clean up, at their respect to the bringing of own expense. actions under the Refuse Act." Assistant Attorney General However, recent actions by the Nixon Administration, Shiro Kashiwa of the Justice through the Justice Department, Department's Land and Natural have led many environmentalists Resources Division has stated to question the likelihood that that ''we can see no U.S. Attorneys will fulfill their justification for allowing court legal obligations under the actions by individuals." 1899 law. This doubt has led In short, it seemed to some t>i__K_H_E-U-_H_tf_l__i__M__M_l . 'This is a beautiful project for college students and ecology groups," asserts Clem Dinsmore, legal assistant of the Conservation and Natural Resources Subcommittee, who helped research and prepare the And those who have them report. "It's a great way to go (mostly industries) often violate after polluters." Dinsmore recommends that How many potential defendants can you spot in this charming permit provisions by dumping picture Of the Buffalo skyline? untreated discharges into the student groups combine the of law schools and should be taken, and samples to emphasis on Qui Tarn. talents water. In July, the Justice What all this means is that biology departments to keep of the pollutant or foreign now you can proceed directly legal fees at a minimum and substance collected in a clean Department issued a fascinating to your local neighborhood quality of evidence at a jar which is then sealed.. These memorandum called "Guidlines industrial polluter, gather some maximum. should be labeled with for Litigation Under the Refuse Basically, once you find a information showing who took Act" and sent it out to alt information and samples, and you should the photograph or sample, U.S. Attorneys. then file a suit which could polluter to attack, The prosecution policy bring a fine of not more than prepare a detailed statement, where, and when, and how; $2,500 nor less than $500 for sworn to before a notary and who retained custody of statement encouraged U.S. setting Attorneys to use the 1899 law public, forth: jar. each day of violation, of which the film the nature of the refuse This will be your basic "to punish or prevent you get half. It could also get discharges, which are discharged; significant amunition in the suit, and the polluter thrown in jail for material the source and method of should be filed in a U. S. either accidental or infrequent, not less than 30 days nor but which are not of a more than 1 year, which is discharge; district court, which apparently unlikely but nice to think the location, name and have exclusive jurisdiction to continuing nature resulting from address of the person or hear and decide such suits. The the ordinary operations of a about. Use of the 1899 Refuse Act persons causing or contributing Supreme Court has upheld Qui manufacturing plant." The Justice Department, Tarn suits in the past on the and the Qui Tarn concept have to the discharge; been strongly advocated each date on which the basis that the citizen-informer while acknowledging that recently by the House discharge occurred; has a financial interest in the industrial pollution posed "the the Subcommittee on Conservation the names and addresses of fine and therefore can sue to greatest threat to environment," claimed that the and Natural Resources, led by all persons known to you, collect it. traditionally concerned itself chiefly with dredging, filling, and construction, relatively few permits have ever been issued. environmentalists that the Nixon Administration, despite its strong rhetoric, was hedging in favor of big business and 'industrial interests. Reaction from many sides was immediate and scathing: Stewart Udall, former Secretary of the Interior, said, "Enviornmentalists who fear that the Nixon Administration's anti-pollution drive may be halt rhetoric, half promises and half politics have found a strange new ally. The Justice Department is trying to prove they are right." The Conservation Foundation, a respected national group, stated, "Our basic difficulty... is with the underlying policy of the (Justice . Department's) Guidelines .. The policy you articulate disregards the theory behind the Federal Water Pollution Control Act; federal leverage is required to force states to implement establish water and quality standards." And Henry Reuss, Wisconsin Congressman, complained that the Justice Department's "limited enforcement" doctrine "favors the polluter over the public's interest in preventing the pollution of our waterways." In a speech to the House,, Reuss charged "total abdication" by Justice of its "statutory duty" ..U.-lU-jr miiy to enforce the iv cniuicc 111. Continued on page 6 �March 19,1971 THE OPINION 4 LEGAL EDUCATION OF MINORITIES By William C. Lobbins It has been said that "theneed for the Negro lawyer is apparent and urgent." There must be more Negro lawyers if the Negro is to have enlightened, effective and responsible leadership during these difficult and turbulent days as the Negro to attain his full stature as a first-class citizen of our country. There must be more Negro lawyers if the Negro is to be protected against the abuse and exploitation of everyday life. The Report of the National Advisory Commission on Civil Disorders (also known as the Kerner Commission Report) struggles noted "ghetto residents have need of effective advocacy of their interests and concerns in a variety of other contexts, from representation before welfare agencies and other institutions of government, to advocacy before planning boards and commissions concerned with the formulation of developmentplans." The Kerner Commission Report also established that non-whites are involved in more crime than the non-black segment of society and consequently have more need for legal counsel than any other portion of the entire population. Misunderstanding white attorneys between and the black community over such matters as "the necessity of plea-bargaining in situations where the ghetto resident 'knows' he is innocent," and the absence of an effective remedy when the ghetto resident has been induced to purchase useless items by 'high-pressure salesmen,' which he later discovers he has no use for, has contributed to a disdainful attitude by the minority community. The black community feels white attorneys are not putting forth their best efforts in representing the community's real interests. This attitude has been reinforced by years of a lack of active concern for the protection of the economic and personal interests of the black community by the white legal profession. The misunderstanding has also infilled in "young Negroes a common distrust in the practice of law." Many see the law in white police and white judges using white law against blacks. In order to build faith in PARTONE 1969-70 academic year. These militant or inclined to espouse revolutionaries. After all the students compirse about two to revolutionary means, believe that Virginia colonists had, in the four percent of the total number no meaningful change can be name of liberty, once abolished obtained through the legal system. the legal profession. The lawyer of thenation's law students. In the effort to provide This belief transcends color lines. depends upon precedent and my many own work as lawyers have been the equalrights and opportunities In the course of for Negro citizens, there are a Civil Rights lawyer, I have devoted servants of the rich and heavy responsibilities and observed effective and forceful powerful. Some have aided in burdens for lawyers to carry. change throughout the legal devising the techniques and procedures of oppressive These can be best met by a system. Most of these changes Bar which includes Negro were made by lawyers. Therefore, government. Many all too often lawyers in significant I believe that those individuals have been over-concerned with n embers, for it is those operating in the legal process can making a living. For the Black effect meaningful social change. 1 lawyer making a living had been lawyers who most clearly understand the problems and believe Civil Rights lawyers are difficult and onerous. Only few difficulties faced by members forceful and forthright, militant had major opportunities for constructive social action. but not revolutionary. of the Negrocommunity. The purpose ot this comment Professor Quick: It is true that We cannot forget, however, is to provide a forum of ideas in many have attacked lawyers as that Black lawyers such as Charles William Hastie, Houston, format of being the the interview defenders of the "status wherein black professionals having quo" with all its injustices and Alexander Looby, Andrew expertise some and pronounced inequities. It is also true that Ransom and Thurgood Marshall views can express themselves on many of the younger militants led the fight for economic and the subject of legal education of have attacked all Black persons social justice. Judge Trammell of minorities. that have seemed to have attained course, there is some justification A Dialogue-Interview with even a small measure of success for young Negroes feeling this Charles E. Donegan, Charles W. under the system. It is significant way. They feel that they are not Quick, Ruth V. Washington, and that during the Detroit riots of part of the system. Because the Wilbur P. Trammell. Prior to his the sixties, Black businesses were black lawyer has only the tools of appointment as Assistant deliberately set afire by the the structure within which he Professor of Law at the State arsonists. The seemingly works, he is not always successful University of New York at purposeless destruction resulted or is not successful to the degree Buffalo School of Law in 1970, from an acute frustrationwith the that the black client feels that he Charles E. Donegan served as Staff system and the belief that there should be. The black client thus Attorney of the NAACP Legal must be total destruction of the concluded that the lawyer is Defense and Educational Fund present economic establishment if supporting that structure. What he from 1967 to 1969. Charles W. some semblance of justice and is in fact doing is trying to work Quick, Professor of Law at equality were to be attained. within that structure to bring University of Illinois, College of Those who attacked the lawyers some change for theblack people. Law, served as Fulbright Lecturer, did not consider the immediate Ford Foundation, at the results if lawyers were abolished. The Need For More Black University College of Tanganyika, They had not planned an Lawyers E. Africa from 1963-64. Professor alternative to the existing order. Quick has had over thirty years Now, however, the cathartic rap Interviewer: One commentator teaching experience at sessions have begun to cease and has said that "literally thousands predominantly white law schools. many of the same revolutionaries of blacks must be graduated from Prior to her appointment as one are examing solutions, plannig law schools before proportionate of a three-member panel as alternatives. They are beginning to representation in the legal profession can be approached." Commissioner of the Workmen 's realize that for an indeterminate Compensation Board of the State period, whatever the future, Are the law schools of the of New York on January I, 1968, technically proficient lawyers are country presently prepared to Ruth V. Washington served as an a necessity. meet the challenges of getting advisory and litigation Attorney It is true that lawyers work more Negroes into their doors for the Solicitor General's Office, within the system but over the with a determination to prepare U.S. Department of Labor, from last 60 years lawyers and them for the study and practice of 1954 to 1957. Before his especially Black lawyers have been law? appointment as Associate Judge working to change this system to Professor Donegan: I heartily for the City of Buffalo on accord more justice and agree with the statement that the I I ! -I" law schools must turn out literally thousaands of black law school ' Statistics show that about one percent of the law school's population and the nation's legal profession is comprised of blacks. This deficiency must be rectified. The State University of New York the law as a neutral force that handles all people alike and at Buffalo School of Law has made a start in its own efforts to provides adequate legal representation for minorities, this need must be met. However, the task is not easy. It will require a major effort by both Northern and Southern law schools alike. One has only to examine the paucity in numbers . graduates to meet the need for more black lawyers. Moreover, I emphatically feel that the law schools must be prepared to meet this challenge. Realistically, I know presently that they are not. rectify the situation. The school has increased the number of minority freshmen law students from 9 in 1969 to 37 in 1970. I wish others would follow U.B.s lead. Nevertheless, at this time, opportunity to all. Many there is a woeful inadequacy in dedicated Bla lawyers as well as our nation's law schools as far as their socialh conscious white the needs for black conferees rave labored meeting lawyers. unceasingly ameliorate the Quick: Until recently social and ec rnic injustices in Professor few non-Negro law schools am especially the system. any major interest in the showed by heartened work of socially of Black lawyers. This is conscious la vers in extending training no longer true! Every major law the bill of ri: ts. Moreover, most school has during the last five of the law s ;iools with which I years inqugurated a program for have been connected have adopted the ideal of training recruiting Black law students. The social engine. l rather than legal list includes such educational giants as Columbia,Yale, mechanics at iliese new social Michigan.Harvard, Chicago. Illinois, New engineers ai nnging about a York University, UCLA Stanford, "revolution' the courts, a and even such prestigious revolution 1 in the 30's to southern private schools as Duke -as of justice and and Miami. Even implement ti southern state equality. schools have made special efforts I can und und, however, the to attract Negro applicants. A initial shock d distrust of the measure of present interest and William Lobbins meeting with minority students (left-right) Jame Brown, Charles Davis, Ronald Cunningham and Yvonne Lewis. December 31, 1967, Wilbur P. Trammell served as Assistant of minority lawyers. The Corporation Counsel for the City estimates given for the number of ofBuffalo from 1958 to 1959. Conducting the black attorneys range from 2,000 to 5,000, comprising only one to interview-dialogue is William C. two percent of all of the nation's Lobbins, a black second-year UB attorneys. Black attorneys law student. The date is comprise two-tenths of a percent November 4, 1970. of the black population as INTRODUCTION compared to two percent of the white population of this country. What this means is that for every Interviewer: A commentator black attorney, there are about noted "young Negroes often view 6,000 minority group members. Negro lawyers as 'Uncle Toms' For every white attorney, there trained to perpetuate the status are about 600 non-minority quo while being poorly regarded residents.(see table on opposite in addition." Do you feel there is any justification for this page). The number of minority comment? students in law schools has been Professor Donegan: I feel the extimated to be 2,154 in the young, particularly those who are William C. Lobbins is a second-year student at the State of New York at Buffalo School of Law. He is a member of the Buffalo Chapter of University Black American Law Student Association (BALSA) and served is the organization's President during the 1969-70 school year. the concern is indicated by the fact that the University of Mississippi in 1969-70 had twenty-three Black law students. Indeed a substantial number of schools have cooperated in the Council of Legal Educational Opportunity (CLEO) program. These among others have combed Black college campuses for students interested in making law a career. Thus few, if any, such campuses have not been visited by representatives from national as well as state law schools. Moreover, I know of no successful CLEO student that has not been able to matriculate at some accredited law school. Most northern law schools,like Illinois, have for several years provided "Equal Opportunity Scholarships" to supplement tuition waivers for Black law students. In addition, the Legal Defense Fund of the National Association for the Advancement of Colored People (NAACP) administers the Lehman fund which provides substantial grants to southern Blacks wishing to attend southern law schools. This has been a revolutionary, if recent, turnabout in legal education, but I think I can safely say that qualified Blacks are now seldom barred from attending the' major law schools by reason of lack of economic resources. Let me emphasize that though thisis a recent development for most schools, in the fifties, Chicago, Yale, Columbia, Harvard, and New York University had special programs. It is true nonetheless that many law schools have inadequately funded programs if a mass legal education program is to be attained. The funding program in many schools must be continued and expanded. In all but the richest, funds are beginning to tighten up even CLEO is on shaky financial grounds. Renewed activity is needed in finding new sources for funds as well as to encourage continuationof present - help. Mrs. Washington: I feel that there need not necessarily be proportionate representation, if you're speaking of the number of Negro lawyers as compared to the number of Negroes living in the �March 19,1971 community in which they practice. I have found in many instances that Negro lawyers do not have Negro clients. Negro clients will go to the white lawyer. This is a very sad thing. We should have more Negro lawyers in big businesses. We should have more Negro lawyers as house counsels for the various corporations. If that is what the statement means by proportionate representation of Negro lawyers, then I'm for it; but if it means proportionate representation in terms of clients, then this does not necessarily mean that you should have one lawyer for every fifty persons in the Negro community. Judge Trammel]: I am most familiar with the State University of New York at Buffalo School of Law. I understand the school has been multiplying its efforts in recent years to increase the number of black students. The Negro to enroll more black students. Moreover, this failure has given rise to a paucity of Wack clerks, probation officers and investigatory officials, greatly' affecting the entire law enforcement area. The Black Law Student Needs GrantsNot More Loans Interviewer: What factors impede recruitment of black students? What method or methods would you favor to get more Blacks into law schools? Professor Donegan: Obtaining a legal education is so expensive that it is almost prohibitive as far as black law students are concerned. This is the chief problem. Blacks, moreover, due to racism and segregation in the entire educational process, have frequently not been adequately prepared to succeed in law school problem seems to one of numbers. which is designed primarily for In the City of Buffalo, which has students of white middle class a population of about 500,000 backgrounds. Black lawyers have persons, there are ten black been frozen out of the economic practicing attorneys of which four mainstream of our society for are University of Buffalo years. For example, black lawyers graduates. This is due to the have had considerable difficulty failure of the nation's law schools gettingjobs from prestigious large THE OPINION white firms. And, when engaged private in practice, they have been met with clientele who for the most part have not been able to pay adequate attorney's fees. This has not enabled them to enjoy a moderately, comfortable livelihood. Moreover, the black The figure of 6,000 is arrived at by dividingthe estimated number of black attorneys (ca. 4000) by the latest 1970 U.S. census projections of the Black Population (ca. 24,000,000). These figures The Mowing comparative 5 should begin with their own campus. Contact state and local bar associations Black organizations; Conference of Black Lawyers, National Bar Association; check with CLEO; include Black colleges on their recruitment visits. practitioner has not enjoyed the In planning, a Black law same status as his white professor would be of counterpart. These obstacles must immeasurable assistance. This be overcome if we are to would seem to be obvious. While commence or seriously consider a not absolutely necessary it would significant drive to recruit more seem to be obvious. While not blacks. absolutely necessary it would Professor Quick: Those seem to be a first order of johnny-come-latelys that are just business. To the prospective Black getting into the act must realize law student it would seem some that they must provide more than measure of sincerity. minimum monetary assistance. Mrs. Washington: If this question The Black law student has been suggests that law school economically deprived. His major qualifications should be lowered need is financial. By the time he in order to graduate more Negro has graduated from college he-has students, then I am certainly not mortgaged his future by loans. He in favor of this. Of course, if the needs not more loans but grants!! standards are lowered merely for He also needs, of course, an admission and Negro students are atmosphere in which he feels given tutorial and remedial welcome. [(Parenthetically it may advantages to enable them to help if he sees some Black attain the level of the qualified professors on campus).] white students, I am in acccord. It goes without saying that the In concert with efforts to increase law schools must publicize their the number of Negro students, desire for Black students. They they must be assured that there is , Association members at the 45th annual Association in New York July 2125197, - «=_W4asr_s__aa! Thf^Zd .!?'^ 'J " census; lawyer figures are from the Journal of American 0 0 49 N 66 P ge 92 F!,b n,ary „ °VK,' „ and lawyers were The statistics as to the number of black judges obtained by questionnaire survey from the Governors of the 50 states and from individual inquiries from the National Bar Judge Trammel): Increasing the number of black students involves problems of space cost, student cost, and personal maintenance and supplies. To assist the black student, I would suggest direct grants. If we look upon shortage of black lawyers as a failure of legal education in the past and understand it as a temporary emergency situation, emergency steps can be taken much as we did in World War II to subsidize specialized training. The individual grant-in-aid method is just such an effective emergency remedy. Successful black lawyers should assist minority students In law schools throughout the nation. Through their contribution they can fulfill their own personal destinies. I would hope that such efforts would see the creation of a fund to assist minority students. Criteria can be made to rest on factors of needs or merit or a combination of both. However, there is no pat solution to a problem which has been with us for so long. Meeting of the ___^__r^ss_S_s SgeTlaw ; C chart records the number of black ' ' - a market for their services once they have completed law school. °mpanies SSaSsSSSr**™ —_■■»__—w. Accordine the American Bar Foundation there are more than 317.000 attorneys in the United States. The National Observer December 1969, at 26, Col. The total US popu ation according to the 1970 census projection, is expected to be _. 205,600,000. 1, '° 1. - JUDICIAL COMMITTEE REPORT JULY 24, 1970 BLACK LAWYERS AND JUDGES, IN THE UNITED STATES ACCORDING TO U.S. CENSUS 1960 POPULATION, AND AMERICAN BAR ASSOCIATION CENSUS OF U.S.LAWYERS POPULATION. State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana lowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana State Black Pop. 3,266,740 226,167 1,302,161 1,786,272 15,717,204 1,753,947 2,535,234 969,255 3,100,689 5,148,578 7,823,194 3,413,864 2,178,141 4 319,813 6.74,767 U.S. ' No. of No. of Black Black Lawyers Lawyers Judges 980,271 6,771 43,403 388,787 883,861 39,902 107,449 69,688 446,292 4,951,560 3,943,116 632,772 667,191 10,081,158 4,662,498 2,757,537 2,178,611 3,038,156 3,257,022 No. of Pop. 2,712 198 1,693 1,789 22,798 3,635 4,002 514 880,186 1,122,596 4,943 1,502 1,037,470 269,275 25,354 91,445 215,949 7,801 4,824 482 683 19,045 4,757 3,596 3,013 3,353 4,217 1,038,207 3,318 518,410 111,842 717,581 22,263 990 5,301 10,443 9,464 915,743 390,853 1,467 24 1 2 10 373 10 26 3 60 30 1 1 667 56 15 30 22 27 0 32 50 250 4,787 14 2,201 7,501 23 64 1,031 1 1 0 1 New Hampshire New Jersey New Mexic 0 15 New York 2 3 1 2 North Carol,na North Dakoi Ohio Oklahoma 3 0 0 26 Oregon Pennsylvania Rhode Island 2 2 2 4 2 0 5 3 15 South Carolina South Dakota 1 0 6 0 State Nebraska Nevada Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Dist. of Columbia United States Total U.S. Black Judges '.. ■ i Cited from 116 Cong. Black 1,411,330 285,278 606,921 6,066,782 951,023 16,782,304 4,556,155 632,446 9,709,397 2,328,284 29,262 13,484 1,903 514,875 17,063 1,417,511 980 50,204 1,116,021 777 786,097 153,084 18,133 852,750 3,637 742 15,535 4,829 2,657 12,319 Pop. 1,768,687 11,319,366 859,488 2,382,594 680,514 3,567,089 9,579,677 890,627 389,881 3,966,949 2,853,214 1,860,421 3,951,777 330,066 No. of Pop. . Rec. E 7996 (daily cd. Sept. 2, No. of No of Black II k Lawyers Lawyers 2,358 441 647 9,460 18,332 829,291 1,114 1,070 1,896 760 586,876 1,187,125 4,148 4,251 14,022 1,151 496 519 816,258 48,738 89,378 4,758 3,907 1,809 6,231 74,546 2,183 497 12,693 214 1970). In 1968 only 506 black attorneys were practicing in the eleven southern states that seceded from the Union. Breaking this down even further, one finds that certain southern states reveal even more There is one black attorney for every 41,700 black people in Alabama and astounding statistics one white attorney for every 670 whites, indeed, these current statistics demonstrate tittle difference twenty five years ago. Accord, Comment, supra note 5 at 640. from statistics of Judges 5 4 0 65 0 650 70 0 416 16 9 0 36 7 141 2 11 0 35 95 1 14 1 1 1 I 0 103 20 8 18 1 411,737 503 763,956 179,323,175 18,871,831 288,336 3,845 19 Courts Total U.S. Black State 2 0 18 2 0 10 3 2 0 0 3 3 1 0 0 6 195 �Course Comment Statement Of The Concerned Law Students For Peace Women And The Law by ProfessorKenneth Davidson In all courses, March 19,1971 THE OPINION 6 I hope that all members of the class (including myself) will be stimulated to thought beyond what is contained in the materials. This is especially true in social legislation courses such as Women and the Law. To be sure there is much material to - learn the laws that discriminate against women, the laws that discriminate in favor of women and the laws that protect women against discrimination; but if the students or the course were to stop there it would be of little value. The basis of a course on the legal status of women, rather than on the operation of the course a Equal Employment Opportunity Commission, is an assertion that "knowledge" of constitutional law is not enough. Understanding of the process or how to use constitutional theory is the prerequisite for formulating arguments. If the problem concerns agency functions, the procedure must be well understood before it can be shown that the substantive law needs to be changed, the procedure should be changed or the agency given more money. Like my course in Social Legislation, the subject Women and the Law is determined by the nature of the problem. History, economics, Since its inception in the days following the U.S. invasion of Cambodia, Concerned Law Students for Peace (CLSP) has continued to grow both numerically and in the scope of its concern. is available. CLSP has more requests for assistance than it can handle. 'Most involve only a small commitment of time and effort in return for an educational experience coupled with the satisfaction of Increasingly, the organization knowing that you are doing has been approached by something worthwhile. individuals and groups to The next meeting of CLSP provide assistance in legal is open to all those who want problems. The common to help. To accommodate the expanding role of the organization, CLSP recently held a reorganization meeting. Bob Wall, Sally Mendola, and Brian York were chosen as temporary chairmen and chairwoman. They will direct the activities of the organization until election of permanent officers in April. denominator in these requests assistance is an attempt to make the legal system work for those in our society whom it now seems to work against, for the poor, political activists, for criminal law, migrant workers, prisoners, homosexuals, constitutional law, contracts, mental inpatients, administrative law and procedure students, and others less current law does not operate so as are the tools. In judging the favored by society. Any to afford women rights to which constitutionality of an abortion freshman law student can they are entitled. Such an statute it is relevant to some discern quickly how the law assertion is of course a highly courts that the law in question favors certain classes of our subjective statement as to what was passed at a time when the society. What can one man do is a those rights should be and a part dangers of death by infection of the course must be an from abortion were greater than favorite question of persons examination of rights and grounds the dangers of childbirth. In concerned about these for rights. The assertion is also a proposing amendments to the problems. If you really want to Lively Discussion at a recent meeting of the Concerned Law somewhat less subjective claim, Unemployment Insurance System, do something, the opportunity Students, that is, it is a claim that the legal so as to include women on system has certain imperatives maternity leave, it is important to concerning rights and these know who pays for the insurance imperatives are ignored in the and how the payment is computed. treatment of women. The essence of the course then Integrating contextual material There were many projects initiated at this city councilmen, and numerous members of the concerns change, but before with legal problems often does school last May to help end war and repression. practicing bar. change can be proposed three not resolve the issues, but usually However, few have survived the test of time. This semester the Observers corp will be things must be determined: what helps to narrow them. When Legal Observers is one project that not only active again during the many projected activities is wrong, what are the people start with different exists, but thrives due in large part to the of various groups throughout the city. In light alternatives, and what is desirable. prejudice the introduction of data support of the Freshman class. of the success of the program, and the It is not only necessary to know can only show the fight is over As most readers may recall during the Fall projected expansion in the near future the Legal how laws discriminate against value judgements. On the other Semester, the Observers were organized to Observers request that any student who is women, but to find out the hand when people have similar provide competent trained Observers of any interested in participating in the program contact justifications for the particular values such data may provide public event. The Observers Corp was financed Dick Rosche in person or by placing a note in treatment to determine if such resolutions to conflicts. A lawyer and since its initial assignment, Observers have tethe Concerned Law Student mainbox in justification was or is still in his various roles is required to been represented at over 25 separate events' the Shirley's office. relevant, ff an attack is based on do both narrowing and resolving most significant being the arrest of one Those veterans who have participated in the constitutional rights, of issues. Observer. Since that time, the Observers have program, please check the Legal Observers roster become a functioning public service organization in Shirley's possession to correct any mistakes with the active support of a county judge, two or changes of address. sociology, Legal Observers Are Alive And Well Alumni Boost Moot Court At the Law Alumni amount of the Alumni support. Association Executive Unlike the Law Review which Committee luncheon held on has a place in the budget, F rid ay, February 19, the Moot Court does not have a Executive Committee approved place in the budget. In the financial support for the Moot past, monies came from the Court Program up to a S.B.A. and the University maximum of $500 on the Sub-board which supported the condition that their Regional, Niagara, International contribution would be matched and the Desmond Competitions. by the University or the Law Mr. Philip J. O'Shea, President School from budget or private of the Law Alumni Association, funds. The reason for the indicated he hoped this grant matching grant was a concern would be of help to the Moot that funds hitherto provided Court Program and help foster would no longer be made greater communication between available or reduced by the alumni and students. Pollution 1899 act. "The Attorney General," Reuss said, "whose sworn duty is to enforce law and order, is a scoff law where water pollution is concerned." And in a statement that turned one of the Nixon Administration's favorite tactics back on itself, Reuss declared: "The Justice Department is quite willing to enforce the law against the occasional polluter, but not against the big corporate polluters who continuously violate our pollution laws. It is this type of ragged enforcement that breeds contempt and disrespect for the law." Reuss and the Subcommittee be heads have also been active in forcing the Corps of Buergenthal Named To Panel the State Thomas Buergenthal, professor of University at Buffalo School of international law at rapporteur (research co-ordinator) of a Law, has been named permanent study panel on international human rights of the BUFFALO, N.Y. Dr. American Society of International Law. The panel, which will consist of 15 20 of America's leading academic, professional and governmental experts in the area of international human rights, will study the institutions and techniques which now exist for the protection of human rights on an international level and make recommendations for With this issue The Opinion has reached two of its major goals for this academic year. The first was to be able to expand into an eight improvements. adequately serve the law school - The panel is one of a number which the Society has set up to look into varied problems of international law. The work of the panels is supported by funds from the Ford Foundation and other organizations. According to Professor Buergenthal, concern for the protection of human rights on an international level grew out of the World War II experience. Following the War various were set up which the panel will examine, such as Continued from page 3 organizations those in the United Nations, the Organization of American States and the Council of Europe. He said that the panel will look Engineers to revise its into ways for insuring the protection of individual's rights in regulations concerning issuance different countries, and cited the recent persecution of Russian of permits. Perhaps suprisingly writers by the government as an example of the kind of cases to some, the Corps has shown which should be appealable to international organizations. great improvement in the past Dr. Buergenthal, who spent four years in various German' few months, at least on paper. concentration camps including Auschwitz and Sachsenhausen, has And Reuss seems confident written extensively on international human rights and is that they will vigorously considered one of the leading American authorities on the enforce their new standards. The basic problem in the entire area of waterpollution law enforcement and prevention seems to be the underlying difference of opinion between the Nixon Administration and environmental activists concerning individual citizen involvement. Activists want to increase it; the Administration tries to decrease it. Opinion Expands page paper in order to more community. The second was to increase the circulation of the paper in order to make it more effective and communicative within the national legal community. We hope the delay in bringing out this, the first paper of the second semester, was justified in the increased quality of The Opinion. We hope to be able to publish three more eight page editions before the end of the academic year. One of the greatest delights in working on the paper is the increased communication with other law schools and with the subject. alumni. This month our total He is a member of the Board of Editors of three circulation will be over international law journals: The American Journal of Comparative twenty-one hundred, of which Law; a Belgian Journal on European Law; and a French Journal over sixteen hundred will be to on Human Rights. alumni, other universities, He is a member of the Committee on International Aspects colleges, and law schools, and of Individual Rights and Responsibilities of the American Bar members of the legalcommunity. Association (ABA) which has been responsible for urging the By the end of the year this will ABA to support American ratification of the Genocide have increased to about Convention. The Genocide Convention, which has been referred twenty-five hundred. to the U.S. Senate by President. Nixon, is an international Thank y.ou for your support agreement that makes genocide, whether committed in peace and interest. time or in time of war, an international crime. The United States is one of the few countries that has not as yet ratified this treaty. �March 19,19ri page seven THE OPINION Alumni Association News Briefs Hosts Dinner On Thursday, February 11, 1971, the State University of Buffalo School of Law and Jurisprudence Alumni Association held their annual dinner at the Statler-Hilton. The dinner was attended by past alumni, law professors, January graduates, and present students who saw Philip O'Shea, Association President, present distinguished alumnus citations to Judge John D. Henderson, Roland E. Logel Jr., and William A. Flynn Jr. William D. Hawkland, recently retired Dean and Provost of the State University INTERNATIONAL PROGRAM Law and and curriculum at the law Urging school. at the There will be available in the library a folder entitled International "the new breed" dinner after receiving a special of lawyer to give attention to Legal Studies Programs which will contain information about foreign citation. Dean Hawkland problem solving, he said, "If- summer school law programs for 1971. Anyone interested may look at stressed that the goals of legal our lawyers can't solve the this folder to obtain further information about such programs and education should be to solve great social problems that press institutes, as well as possible grants or scholarships. It is most problems rather than ideas of us, I don't think they can get important that anyone who decides to take part in a program for the moment which appear credit secure approval from Dean Angus or Professor Del Cotto. solved." "relevant." The folder contains information on the following programs: 1. Live and Learn Law in England, Notre Dame Law School Dr. Schwartz presented D can Hawkland*s successor, diplomas to eight graduates Summer Law Program in American and English Law on the campus of Dr. Richard D. Schwartz, also who com p leted their degree Brunei University at Uxbridge in the suberbs of London. spoke to the guests. After requirements last month. They 2. Summer School of Law in England on the campus of the paying tribute to his were: Mr. O'Shea Jr., Julio University of Exeter, The College of William & Mary in Virginia. predecessor, the new Dean G 3. University of Houston Summer Harvey Eric ofLaw in Mexico at the arcia, Kerness, invited all lawyers in the Aussman, Irwin Sandler, William School of Law of The University ofSchool Morelos in Cuernavaca, Mor., community to contribute ideas Neff, Joseph Mexico. and Peter Hodan, and comments about programs GUfillan. 4. Study and Travel in Africa 1971, The American Forum for of Buffalo School of Jurisprudence, spoke International Study. 5. International Institute of Human Rights, Strasbourg Topic: Racial Discrimination and Human Rights (see Prof. Buergenthal). 6. The Hague Academy of International Law. 7. Institute of World Affairs, Inc. (see Miss Girth). - STUDY LAW IN ISRAEL The American University School of Law will repeat its successful summer program in Israel in late July and August, 1971. The program is open to advanced law students, members of the bar, and interested graduate students. The cost total $990.00 of - includes: round trip Tel Aviv, four hours of tuition (an transportation New York additional two hours may be arranged), transferable to U.S. universities, lodging and meals, plus visits with the judicial, legislative and administrative tribunals, and several sight-seeing trips. Time for free travel will be available. The courses "Current Issues in International Law" and "Comparative Law of the Middle East" will be taught by a distinguished faculty from America, Israel and Europe. A deposit of $50.00, applied against the total cost will reserve a place. Send deposit the information to: or write for further Director Drawing and Display on pollution created by librarian Jan Thompson. Itis located on the third floor of the library on Eagle Street. Law and Policy Institute Abroad The American University Law School Washington, D.C. 20016 Continued on page 8 Notes Frown Elsewhere by Mike Montgomery Osgoode Hall, York University, Ontario Obiter Dicta Anachronismand Reaction The situation of the Canadian law student is rather different from 'that of his American counterpart. Both sets of. putative barristers suffer from an overabundance of their competing fellows and from a relative diminuation in available positions upon graduation. North of the border, however, the Legal Establishment conjured up long ago a system for plaguing fledgling lawyers which, like the poor, Spiro Agnew and Pierre Trudeau,is still with us despite its anachroniety. Once he leaves Eagle Street, the U.B. graduate has "only" to pass the Bar Exam and explain his traffic tickets to the Professional Ethics Committee in order to gain entry to the only Bar he ever had difficulty in entering. When our opposite numbers leave Osgood, they must enter an apprentice program called "articling" with a law firm for one year, at poor wages; thereafter take a Bar Admissions course for one year, offered only in Toronto; thereafter take the Bar Admissions Exam administered only in Toronto. Not only does this system prolong the gestation period for Canadian lawyers, it prevents many aspirants from reaching their goal simply because there are not enough articling positions open in Ontario (specifically in Toronto, for obvious practical reasons) to accomodate the demand. This situation is aggravated by a growing tendency among Ontario law firms to fill positions previously allocated to apprentices with clerically trained office workers who tend to be more accurate and stay longer than the law graduate. They also have better legs. - All of which has lead to a possible solution being implemented at Osgoode, as reported in the Obiter Dicta, an interdisiplinary rather than strictly professional approach to the study of law. This Toronto area law school's program for expanding its curriculum allows students, at their option, to pursue a wide range of courses at the University on the graduate level, completion of which constitutes credit towards graduation. Since the Ontario Bar requirements are such that the field of available legal positions seems to be diminishing, the innovative program, withits opportunity to obtain a more varied background than is usual, may help in preparing law Crystal Beach or Niagara on students for legal-typejobs in business and in government. 111 and get worried. Remember George 111 ? Remember George 111 and the American Revolution? Remember the writs of assistance, those obnoxious missives endowing blanket powers of search and seizure upon whomever bore them, against whoever they please? Wouldn't Mike Amico like to have one? Welt, if he was a member of the RCMP he could have one (Nelson Eddy and Jeannette MacDonald singing "Rosemarie" in the background). Most of us should remember Prime Minister Pierre Trudeau's invocation of the War Measures Act giving him powers of censorship and incommunicado imprisonment held by no U.S. President since that great libertarianAbraham Lincoln. It has been assumed by many in both the U.S. and in Canada that the extraordinary powers used by Trudeau in the last five months were unique to the WMA and would cease when he allows the act to elapse (if ever he does, in toto). Suchis not the case, however. The writs of assistance, give government officials the permanent right to search without warning anyone and any place for anything for any cause, or no cause at all at the holder's discretion. The same writs which enraged Sam Adams and a few other longhairs enough to stage a funky tea party in Boston (the Charles River is still brown) are stillaround north of Buffalo. 1,000 of these There are estimated to be 600 handy items with the RCMP (maybe J. Edgar will get the idea) and they can be used for anything from narcotics busts to searching your car trunkafter the Custon's men at the Peace Bridge have let you through. Dave Walker, a political scientist formerly with Canada's Minister of Justice, wrote in Obiter Dicta: " .law enforcement agencies are convinced that it is impossible to achieve law and order without them. It cannot be forciblyargued that the amount of goods claimed, especially in drug raids, warrants the destruction of property and the temporary suspension of an individual's rights." There is nothing so permanently damaging as a "temporary" measure. So, if you see Mike Amico wearing a red jacketand Smokey the Bear hat waving an embossedsheet of paper, or hear booted feet outside the door of your cottage in . - the Lake, Cleveland State College of Law, Ohio remember George the Gavel Minorities. It is hardly surprising that the U.B. Law minority students program is not unique. The Gavel of Cleveland reports that they too are considering a program to seek out students from disadvantaged groups who show a reasonable capability and possibility of succeeding in the study of law. Not now, though. Maybe next year. There seems to be a bureaucratic problem, with a number of university committees expressing general committment without actual implementation. The Law College's own committee has one student on a panel of five professors. Tokenism on top of tokenism? Revised admissions procedures for the program are vague, but the chairman has definitely rejected the lowering of admissions standards outright.. We Remember But Who? Those of you who can think past the last tax or contracts exam may remember last spring's disturbances both in Buffalo and throughout the country. Cleveland may be in the same university system as Kent State, but it is hard to discern which side they remember. Big ad on the last page: SUPPORT YOUR LOCAL POLICE. - LSU Schoolof Law, Louisiana The Civilian Police Rider Porgram ÜB's Prisoner Release Program and Legal Aid Clinic are two fine examples of law students working in the areas of criminal and civil law. LSU has come up with another possibility. This is a Police Rider Program co-sponsored by the Baton Rouge Police and the School of Law. This two semester program will involve students riding 8 hour shifts with patrolmen in high crime areas, along with work with plain clothes detectives and juvenile counselors. �March 19,1971 THE OPINION 8 Sports iooooooouu' wit inoouuoonjoorinn nonnnnnrnnnnnoorimr i hum J. ALLAN SPENCER'S "FURTIVE FABLES" GEARED* TO THE YOUNG AT HEART AND ALL OTHER DARING,I DASHING, AND DIABOLICAL DO-GOODERS. Law Captures City Loop Title by Alan Snyder Lead by John Chancy, theLaw surged back from a thirteen point deficit at halftime to defeat the Pici's 85-81 for the Buffalo City League Championship. Cold in the first half and down 42-29, the young lawyers out scored their opponents 28-13 in the third 0 B A "Immediate surgery!" cried Percival the Bold (J.D..M.D.), "that noxious noise must be made null and void. It's clearly against public policy." . j ] "But, but..." stammered Farmer SAM, "can you assure me that you won't butcher my beautiful bovine in the process? Its milk has \ won a plethora of prizes and has been a boon to my once barren bank j quarter to take a lead they never account. Besides that, I kind of like that vibrating, VERDANT, sound relinquished. Chancy scored it makes .so soothing and satiating to my senses." twenty one of his game high "Just as I thought," thought Percival, "he has become hypnotized | twenty nine points in the second by that noxious noise. I may need the desterous assistance of his [ half as he went 11 of 12 from the delightful, but DEAF NEICE, J USTINA." foul line. Charley Davis, strong on Appraising the possible danger it might be in, that belligerant the boards, chipped in with bovinebellowed one of its mostvocal verdant vibrations. twenty one and Tony Masiello threw in fourteen. Farmer Sam, now completely captured and enraptured by the In a tough semi-final game sound of that capricious sow, peered at Percival with a defiant glean in earlier in the week, the Law his eye and exclaimed: "I want to make this perfectly clear. If you Kneeling (left-right), Terry Championship Basketball Team nipped the Robe's 83-81. In a come one step further toward my beautiful bovine, you'll be in Jerry Solomon, Norton, Dwayne Griffin, game marred by poor officiating, Conners (CaptJ, Mike imminent danger of numerous intentional torts!" Standing (left-right), John Spadafora. Steve Terry Conners with twenty-two Richard Clark, Ed Gayles, Percival, undaunted but perplexed; decided that it was time to put Norton, At Snyder, Charles Davis, Tom points led a balanced scoring Larson (Coach), Bruce forth his potent power of persuasion in an attempt to reason with attack seeing all five starters in Darmele, Lee Ginsberg, John Chancy. fanatically flustered Farmer Sam. double figures. Masiello had 18, Rich Clark, Lee Ginsberg, Alan the team threw his into the "That noxious noise is onerous to all the other farm animals," Bruce Norton, 17, Cheney, 17, Snyder, Tom Parmallee, and Jerry shower with his copy of the brand and Davis, 12. Chancy came off Solomon. new best-seller "How to Use Your pleaded Percival. "Your obsession with that obnoxious noise has the bench with four fouls to break caused you to negligently neglect the other farm animals and your Sports Shorts: Coach of the Timeouts" by Red Aurbach. an eighteen all deadlock by Year Rich Clark attributes his farm is falling into disaray. The stench from your unkept farm is a (who Steve Larson scoring his team's last five points. moonlights by teaching Criminal success in committing personal notable nuisance to the farmers around you. That noxious noise must Other members of the team are Procedure) wept unashamedly as fouls to many hours of studying be destroyed! You can keep the cow but that noise must come out M_^_B«_i_^_H<«--U_g_________fc ■ T game movies of Alan Snyder. now!" Bruce "Gramps" Norton, was Unfortunately, (sigh!..) Farmer Sam could not be reasoned with outstanding for his play on the and just as he was about to follow through on his threatened court and under the table. Tom Parmalee was very impressive in intentional torts, His neice, Justinia, who was deaf and unaffected by i the quarter finals but ravished on the bellowings of the bovine, clamped a pair of furry earmuffs on her thebench playing pitch with Jerry UNCLE who immediately became quite friendly toward Percival, \ Solomon and telling the ref to although verbal communication was somewhat of a problem. swallow his whistle. With the "That sordid spell has been snapped," shouted Percival, "but I feel ! season over, Terry Connor's myself surcombing to the influence of that ever constant, ever present, \ up contract was picked by Peggy lever enticing verdant vocalization. We must act fast!" who was scouting him all season. Sensing that its position of prominence on the farm was The Shysters, composed of many J threatenedand that Farmer Sam was now in league with Percival, that of the same ball players, is ( calculating cow saw that its only hope was to slip into the mucky mire battling in the playoffs for the U.B. championship. The team of mud where it could hide until it could bring Farmer Sam underits would like to express their thanks spell once again. As the bovine turned to surreptitiously slip away, Percival (a to the students and faculty who came to cheer them on, especially plucky lad) collared that calculating cow and with theadditional aid of Professor Kenneth Joyce, and Farmer Sam and Justinia managed to muffle its mobility through the Charles Davis jumps for the hall and the Law is on their way to Greg Stamp, whose utterances far use of a rough rope which was wrapped around the cow's squirming i above the crowd noise were at the championship. j limbs. times more interesting than the Appreciating its predicament, thebound bovine screechedits most action of the court. GREENISH squeal attempting to bring Percival under its spell. Although slowed by that sensuous squeal, Percival did what he LSAW SCORES knew he had to do. The small sharp scalpel flashed in the now brighter sun. With ADMINISTRATION Farmer Sam and Justinia holding that bellowing bovine, Percival Continued from page 7 reached deep into the cow's thumping throat to that dark organ from GRADUATION REQUIREMENTS Law Students Against The whence came that sordid squeal. War (LSAW), a national A swish of the blade and the organ was obliterated. Graduationrequirements of the Faculty of Law and Jurisprudence coalition of students from over "You can remove thoseearmuffs now," sang Percival, the Bold in for the awarding of the JD degree are the successful completion of 72 60 law schools across the crisp a and clear proclamation of victory. credit hours, as established by the Court of Appeals. Where any course country, recently charged that They untied the now harmless and quiet cow and released it from unsatisfactorily completed, including required is course, the student the Nixon Administration is its temporary bondage to take up once again its proper place in the* may if he or she wishes repeat that course on an overload (ie. take purposely violating both the farms fruitful fraternity of fauna. more than 5 courses) to wipe out the U. letter and the spirit of the Percival and Justinia looked at each other with knowing smiles asa The professional Program Committeehas approved the granting of Church-Cooper Amendment. they listened together to the sweet soundsof silence. 1 credit hour for a limited research project (3-4 weeks) satisfactorily x completed under the guidance of a cooperating faculty member for These charges, accompanied students who were enrolled in the 1969-1970 Freshman class. This by a petition urging the optional offering is designed to enable the present Juniorclass to take adoption of McGovern's a total of 81 credit hours so that 3 U's in 3 credit courses will not give Vietnam Disengagement Act (all them less than the 72 hour requirement. A written approval must be troops out of Vietnam by Cambodian units. And Administration and the' obstained from the consenting faculty member and delivered to the December 31, 1971) and calling with we see a situation vastly military," it issued a call for Dean's office to initiate such a program. for immediate and open yet, different than that which we "urgent and open Senate program counterpart for Juniors is the to that allowing hearings, on the rapidly This are told to believe." hearings to audit and make Freshmen to receive 1 credit for the successful completion of the Legal escalating war which now view of what the LSAW public the full extent of In Bibliography course. encompasses all of Southeast calls "the bad faith and American involvement in Asia, are being distributed in Southeast Asia." law schools and universities affrontery exhibited by the throughout the nation. SOCIAL SCHEDULEFOR SPRING The students are attempting, The Opinion is now soliciting feature articles of a legal, Mark Parrel], Social Chairman, has announced the following through peaceful means, to social, or political nature. These should be approximately schedule of events for the Spring Semester: persuade the Congress to sixteen to eighteen pages in length, typewritten and double Friday, March 26th SBA "Rock Party" possibly outside. demand an accounting of the spaced. The Opinion assumes no responsibility for manuscripts Friday, April 23rd SBA Wine, Beer, and Cheese Party at 77 President's actions. and will not return them unless accompanied by a stamped West Eagle Street self-addressed envelope. All manuscripts will be acknowledged In a statement released on Saturday, May 22nd SBA "YearEnd" Picnic within two weeks. Publication, if accepted, may be delayed January 30th, the LSAW said: until fall. Thereis no payment. Send manuscripts to: "We can no longer put our a President whose trust in actions belie his words. On Editor THE ADVOCATE April 30, 1970, the President The Opinion stated that there will be no 77 West Eagle Street by placing do so may logistic united States air or Persons wishing to order the 1971 Advocate New York 14202 Buffalo, an order at Shirley's office. It is expected that the yearbook will be support. He also stated that there will be no U.S. advisors distributed during the last week ofschool. - , ! . , Hems Briefs -- . � 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, 1971-03-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/19/1971 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/886c3746681abb31ff6cd5a23b6c884e.pdf ce515830c7f646e068fd06211d980a44 PDF Text Text BUFALO LIBRAY SUNY/ BUFALO LAW The Opinion 77 West Eagle St. Buffalo, New York 14202 N Non-Profit Oromization U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 708 V THEOPINION Volume 11, No. 7 Moot Court Wins Again students from the SUNY Buffalo Law School were Two at named the winning team Saturday at an international law Moot Court Competition held in Albany. The students, Peter J. Bush of Elmwood Avenue and Paul F. Stavis of 75 Grant St., received a trophy as the best team in the 828 competition, sponsored by the American Society of International Law School. They competed against teams from Canada and the northeastern United States. As winners of the regional competition, Mr. Bush and Mr. Stavis will participate in the finals of the Jessup Law and the Albany International Law Moot Court to be held in Competition, D.C. on April 30. In the finals, they will compete with seven other teams from Europe, South America, and the United States. In the regional competition last weekend, the Buffalo students defeated law school teams from the University of Pennsylvania, the University of Michigan, Albany Law School, Syracuse University, DePaul Univeristy, the University of Pittsburgh, and the University of Toronto. The hypothetical case argued by the teams involved a hijacking incident, in which a passenger aircraft on an international flight was diverted from its course by two members of a militant Washington Rowan Speaks At Law School The Distinguished former CBS correspondent in Viet Nam and at the Pentagon. Mr. Rowan, speaking before a capacity crowd in 110 (stifling as usual) sighted in on the American experience in Southeast Asia for the bulk of his presentation. He concerned himself primarily with the history of our withdrawal from the mess we got ourselves into there. Nixon's original withdrawal plan to remove 20,000 men a month, which would have left 140,000 Gl's there today. According to Mr. Rowan, Saigon commander Creighton Abrams has been constantly pointing out reasons for procrastination to was President Nixon, which has in the removal of only 12,000 troops a month with the low point of 140,000 to be resulted surpize choice, successor had the flexibility of mind to follow LBJ's directives to cut casualties during the latter part ofhis term in order to give an impression fo de-escalation (which might have been helpful to HHH's campaign, if beleived?). In discussing the influence of the military on the President, the former CBS Pentagon correspondent observed that no military man is really close to Mr. Nixon. The Joint Chiefs of Staff usually work within the system, thru the Secretary of Defense to the President and his staff. While there is little direct contact, Mr. Rowan pointed out a powerful source of indirect influence stemming from a rather close reached sometime next summer. relationship between theJCs and In regard to Abrams' replacement Henry Kissinger, one of the of Westmoreland as the head of closest advisors to President American forces in Southeast Nixon. One important factor in Asia, Mr. Rowan pointed out that considering the impact of the Westy basically wanted to get out military on decision-making was after four years of committment (continued on pg. 8) to a search and destroy IN THIS ISSUE Election 1971, The candidates and theissues Legal Education of Minorities Part Two: Implementationand Conclusion The Advocates New Program forstudent's rights in high schools Fall Grading Survey Marks andremarks Once More with Feeling The agony of (?) defeat hijackers murdered two The security guards aboard the plane, and they the aircraft after The hijackers were granted political asylum by the government of the state in which destroyed landing. the plane landed. The hypothetical case was brought by the government of the country in which the airplane was registered against the country which granted political asylum to the hijackers. The case was argued by the teams as if it were being decided by the International Court of Justice in The Hague, The Netherlands. Mr. Bush, a senior at the law school, is chairman of the Moot Court Board. Mr. Stavis, a junior, is a member of the Moot Court Board. The team was advised by 1971 Graduation Plans Still Uncertain The student Graduation Committee met with Dean Angus and Professor Greiner Monday to try to iron out the difficulties that have arisen over the conflict as to whether William Kuntsler should be allowed to speak at the Graduation ceremony this year. The students, Jeff Frank, James Rogers, Roy Wixson, Steven Singer, Jojo Seggio, Murray Grashow, Richard Rosche and Sandra Kay, reported that although nothing was resolved, a greater understanding of the problem was achieved through the discussion. The problem arose when the Graduation Committee, pressed by a lack of funds, asked Richard Rosche to secure a speaker for the ceremony. Through friends, Mr. William Kuntsler was contacted and conditionally accepted. News of this prompted a strong reaction from many quarters, especially from certain members of the Erie County Bar. A meeting was held with Dean Schwartz on Thursday at which time he stated that he felt it was not in the best interest of the Law School to have Mr. Kuntsler speak at graduation because this would greatly impair relations between the school and the legal community. A number of students disagreed with this position. The Senior class feels that because the funds come from the SBA the speaker should be chosen by them. The faculty position is that graduation is a joint student-faculty affair and therefore the speaker should be decided jointly. At the present time the solution to the problem is still uncertain. Symposium ineffective combat -arm in Viet Nam - be a but noted that Westmorland's to political organization. Professor Thomas Buergenthal of thelaw school faculty. methodology which was not panning out. He considered Abrams, whose major experience a relatively has been in armor Visitors Program for this semester was ushered in with a presentation by Steve Rowan, News Director of Channel 4 and April 1, State University of New York at Buffalo School of Law page three page four page six page six page eight Towards New Understanding On March 23 Phi Alpha Delta Law Fraternity International sponsored a legal symposium entitled "Law Enforcement and Civil Rights" in Norton Union on the Main Campus. Just one short year ago, to have mixed police, district attorneys, with controversial defense attorneys and students would have been a politically dangerous and extremely tense situation. That was not the case in the filled auditorium of Norton this year when Willard Meyers 111, Defense Attorney of the "Buffalo 9." and John H. Whalen, Former Under Sheriff of Erie Cojnty and Former Chief of DetectivesBuffalo Police Department, met along with Thomas G. Kobus, Assistant District Attorney (last minute replacement for Michael F. Dillon, District Attorney ofErie County), Paul I, Birzon, Defense Attorney and Lecturer at UB Law School, and Miles Kavaller, Justice of PAD Alden Chapter. Due to sudden illness Hon. Joseph S. Mattina, Judge of County Court was unable to attend. It was interesting to note the consensus of the panelists as they addressed themselves to the topic of "Law Enforcement and Civil Rights." They agreed that in times of crisis and highly emotional situations it was imperative to retain civil liberties which have been held for centruies as basic to a citizen's rights. Addressing Panel responds to questions at recent Norton Union 's Conference Theater. symposium at which he may be acquitted, yet all of police for the tremendous of this time he is denied his sophistication needed in freedom and incarcerated in over interpreting and implementing the crowded jails and prisons which laws today. There was disagreement only breed crime. Commissioner Whalen brought to light the great onus that is given to the policeman today. Faced with the knowledge of why people need him and yet reject him, Mr. Whalen presented the difficulties facing the police and their duties in American Society. He placed the policeman as a man in the middle enforcing what society wants him to enforce, demanding that he be sensitive, yet at the same time capable of however among the members as to where change was to take place. The lines were drawn between Mr. Meyers and Mr. Whalen most clearly in this instance. Mr. Meyers viewed certain actions of the police as being controled by certain vested interested groups, and contended that the people should control the police and what they do as far as policy themselves to First Amendment questions are concerned. He Rights, i.e. free speech and advocated a Police Review Board, assembly and bail and its application, several of the robot superhuman skills, all for greater pay, and greater care in the selection of police, indicating members showed concern over the $7,000 a year. The panelists agreed with Mr. that the days of the physical titan possible erosion of these Rights concerning the were gone. by the concept of "preventive Whalen's remarks Mr. Whalen contended that the detention." Mr. Meyers pointed need for a more intellectualized to society out that today a prisoner may police force and Professor Birzan police are a reaction not a product. He suggested could and year year hoped greater money be spend between a to a (continued on pg. 8) and a half waiting for a trial in spent for academies and training y ' �April THE OPINION 2 Editorial President's Reading Week Corner This year, once again, a reading week has been proposed to alleviate the work load of students during the period By Bob Penny proceeding examinations. This year, also once again, the Last Apt il same objections to the idea have arisen. The opponents of the reading week contend that The tenor of the student body has changed over although it has some merit it is impractical, unrealistic, and the past two years to such an extent that a reaction unachievable. The> point out that there is no place to to Cambodia could have been expected. However, of the reaction was not fully schedule such a week without either dropping below the the extent Itand sincerity expected. can only be hoped that those involved mandator, number of weeks of study set by the Court of learned from the experience the need for directed dissent. In any event the SBA has learned that it Appeals or, on the other hand, delaying finals to the extent a more flexible organization in order to that Senior grades will not be available by graduation. They must be the provide type of leadership expected of such a further point out that compressing the examination schedule body. will cause more harm than any benefit achieved from a Two immediate effects of the Cambodia operation with regard to the SBA was the reading week. of committee appointments and late postponement While we realise the difficulty in scheduling such a week, filling of student organization budgets. Naturally, as evidenced b\ the failures ot~ previous years, we believe these important items were forced to take a back that the benefit from such a break could significantly seat and real consideration of them did not begin until fall semester. Unfortunately, 1 was not increase the value of this semester's courses. Under the informed of the inordiante amount of time spent on present schedule, some students will face their first exam a budgets, as was the want of prior SBA's therefore, mere two days after their last class. This is clearly an lime was unnecessarily wasted. insufficient period in which to pull together an entire semester's work. The stories ol" Professors using the last week of classes to "catch up" by covering two or three weeks worth of material are numerous after each exam period. To have to face a final exam within a few days of the last class of such a course is a shattering experience from which no one benefits. We therefore urge the Administration not to consider, but to implement, a reading week this year. THE Volume 11. Number 7 OPINION April 1.1971 JohnR. Samuelson Editor-in-Chief AssistantEditors George Riedel Michael Montgomery Malcolm L. Morris Business Manager Staff: Jeff Spencer, Alan Snyder, Kathleen Spann Photography: Samuel Fried, Samuel Newman Rosalie Stoll Contributors: Robert Penny, Richard Rosche, Richard Weinberg, Stavis, Don Zolin. i7ie Opinion is published every other week except for vacations during ihe academic year. It is the student newspaper of the State Univeristy of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo. New York, 14202. The Opinion is a non-profit organization. Third _i -«s entered a' Buffalo Npw York Letters To The Editor To the Editor Law wives tned unsuccessfully this past year to get funds from the Law School to help our organization" function more efficiently Unfortunately, funds were denied and we have just managed to operate on our dues. Dues have gone towards our monthly newsletter sent to all dues paying members to inform them of meetings, our fall recruiting tea. our spring farewell banquet, one of our monthly speakers, and other needed supplies. Even these meager expenses surpassed our budget and we found it necessary to have some fund raising affair which we did in the form of two box lunch sales at the iaw school lounge. Our organization has some SO active members. We have two meetings per month one at which a speaker is present. Some of the speakers included Mr. Lee - - - Nisbet's replacement The Pollution of Lake Erie, Prof. Sex and the Law, Mrs. Larson Schwartz Women's Lib, Dr. -- Daphne Hare Contraception, Adoption and Population along with many Pollution others. We have given contributions books, jewelry reformatory magazines, to the girls of and had several 1/1971 affairs with our husbands. Our organization is made up of women who not only have the desire to see their husbands get thru school successfully, but who also wish to help the school and community. Perhaps in the future Fall With much work to be done the SBA met in the fall hoping for an atmosphere of "Business as usual". Such was not to be the case. We were immediately zonfronted with the problems generated by the lack Df adequate funding for our minority students. It is difficult to estimate how much time Paui Cardon mil I spent working with the administration, alumni and the local Bar. However, the result of our efforts, and especially those of Paul, was most gratifying. I must thank the alumni and other members of the Bar for their assistance in this matter. Lessons were learned the hard way, to the detroment of individual students, but I feel those lessons will provide the basis for competant administration of the minority itudent program in the future. Also, it is hoped that the SBA will not wait for an emergency before it :ommunicates with the alumni and the local Baron matters ofconcern to all. before main hand I can officers were campus organizations. On the other only say that certain directors and conspcuous by their absence. Either responsibility for their elective position be accepted, or resignations should be tendered and accepted. It should not be a hassle tryingto get and keep a quorum. For the Future In my last article I recommended the establishment of Budget, Legislative constitution, - Elction, Social, Student-Faculty Relations, and Greivan'ce Committees. To these I would add committees on Rules and Alumni Relations. Matters would go to the Men and women lawyers and law students are urged to come to Washington on April 17/18 to participate in a conference sponsored by the Georgetown University Law requests from the various organizations and clubs by the end of April. Also, the Student-Faculty RElations Committee, on recommendation of the President, should begin considering appointments to the various faculty committees. Any reorganization is incomplete if the organization does not set forth goals and guidelines would suggest that the SBA have as its the improvement of student-faculty relations. To this end the SBA must provide a itself. I first goal for channel of communication whereby interaction becomes directed rather than existing on an ad hoc basis. Further, the SBA must be a source of direction for student involvement in issues confronting the law school. However, if the SBA is to be successful, all members, meaning the entire law student body, will have to do more than stumble in and out of school. Let me remind you, fellow students, that SBA take one hour each week meetings are open express your opinions. Directors, of necessity, express their own opinions or those of the loudest - - <2O2)NA-8-7061 ext. 264 Directors and Officers Results of the Year I wish to thank Paul Cardon for his support hroughout the year, and JoJo Seggio for her intiring efforts on behalf of the law student body The Secretary, Jeff Frank, will be summing up committee progress in future issues of the Opinion. Mr. William Kunstler is the most unnicest kind of attorney is. He possesses a sincere and there well-reasoned belief that there is something fundamentally wrong with the American legal system. He has expressed this belief on numerous occasions, some of which were unsavory. The cumulative effect of all these Graduation And Student Power By Richard J. Rosche from contacting Mr. if he wanted to. In any event, Mr. Kunstler accepted, barring a schedule conflict. The mole hill grew into a mountain, pitting the Senior Class against the faculty and new Dean. One is hard put, at the time of this writing, to determine the outcome. If the Senior Class persists and unless Mr. Kunstler becomes unavailable for this Class Kunstler The proverbial mole hill has occasions, and subsequent been expanded into an insurmountable mountain. Senior interpretations thereof by the mass-media, has been to make Mr. Graduation, once a second thought on the minds of all of us, Kunstler more than Mr. Kunstler. the law school and Law Wives He is, and I shudder to write this, has become the center of the organization can serve successfully a Symbol. And, alas, that Symbol School's latest raging controversy because of an invitation which evokes a harsh and painful image. to benefit one another. Gay Blazak It is the image of a physician was extended to Chicago 8 attorney William Kunstler to President Student Law Wives telling you that you are dying of speak at graduation. cancer. To the Editor: Dean Schwartz voiced one The problem started when this MR.WILLIAM KUNSTLER possible reaction to that image writer was asked to try and secure last Thursday. He interjected an a speaker for graduation by the DOES NOT EXIST Fear was the keynote of the element of Sartrean non-being. chairwoman of the graduation The cancer does not exist because committee. We believed that Dean Schwartz the by to address not exist. Dean because time was short we would student body on Thursday, March the physician does and those among the not be able to present any choice Schwartz, 25,197 1. What will the willed it to the class but would be lucky to community think? What will the faculty who support him, so. The for Mr. justification secure some well known person. BAR do? Will graduates fail to find positions if Kunstler speaks Kunstler's views was not at issue. Mr. Kunstler seemed a good choice since he was a well known possibility of fundamental at graduation? Imaginatively The ominous answers to these reform of the legal system was not activist attorney. Proceding on the belief that profound questions were as issue. The issue was "How can propounded as sufficient reasons we have the nicest possible time was of the essence three for keeping Mr.Kunstler from graduation ceremony for all those individuals, personal friends of Mr. Kunstler, were asked to being{ let alone speaking) at nice kids who attend the University of Buffalo School of contact him about the talk. graduation ceremonies. the first person to Unfortunately, "We have entered a dark night Law?" Unfortunately, while I feel at make contact and thus to receive of repression," remarked Herman more than his share of blame was Schwartz at a symposium ease with unoffensive niceness 1 discussing political trials about a esteem other values more. With Prof. Schwartz. I say unfortunate call could have been year ago. One year ago, this this low-key value judgement I because bythe any of the others remark m ight have been close; for I feel the royal made hyperbole. But in March, 1971, henchman tugging at my pen, and without involving the professor in unjustified much criticism he the same observation in nodding toward the scaffold. could not have stopped the Senior Alan Minsker hypobole.__>/._■ eleison. - speaking engagement it appears that Formal Graduation, with faculty and Dean participating, will not be held. The Senior Class, in such a case, will be forced to hold its own informal Graduation. If reconciliation or circumstances allow, the affair may pass and Formal Graduation may be held. Whatever the result, the future will not dull the impact on the student body of this new faculty adventure. An analysis of this new confrontation reveals the similarities with past faculty student collisions, such as those of l?c t May and in the committee sti'-cture. During the events of last May the faculty, as a body proved itself incapable of acting in the interests of those concerned students who fought against the War. Little support was forthcoming from this body save for Individual lor individual efforts. efforts. (continued on pg. 5) �April I, 1971 THE OPINION SBA For President PAUL M. CARDON MALCOLM MORRIS There is a definite need for a committee to study and correlate policy provisions of the faculty and SBA Constitutions. Hopefully this will effect joint faculty-student decision making and give substance to the efforts of the various faculty-student committees. All faculty-student committees should be composed of an equal number of faculty and student members and seriousconsideration should be given to equal voting rights on those issues before the committee rather than the present consensus method. I support the Freshman class in their effort to have take-home examinations optional, but with Brian York's amendment. I support the establishment of a Faculty-Course Evaluation along the lines of the procedure designed by Professor Homburger and the FSRB committee. However, such a program should be funded by the University Administration. There have been many fiscal policies burdening the Law School due to the failure of 'powers that be* to recognize this school as Graduate level for purposes of fellowships and assistantships. My efforts will be to get the SBA, (which includes the entire student-body), behind our Administration and get more commitments for financial assistance for our students. There are, needless to say, many more important issues and programs which will and should be considered. important thing The this student-body get together in these efforts. One way to show your support to those SBA Officers and Directors who will be elected for next year, will be a good turnout at the election tables. PLEASE VOTE YOUR CHOICE for the 1971-72 SBA. For Ist Vice President MARK FARRELL Position papers usually consist of contrived statements designed to appeal to various student interest groups. The problems facing the SBA association run far deeper than rivarly between certain individuals. Right now in view of the actions taken by the to whether the SBA has a meaningful role in this school. Leadership is essential and therefore instead of a position I put simply and honestly my qualifications for leadership. As a undergraduate I was a Cadet commander of the ROTC at UB and State President of my fraternity. At the law school I am presently social chairman for the SBA and secretary for the local PAD chapter. I would appreciate your vote this Thursday. For Treasurer JOHN ANDERSON 3 808 WALL The Student Bar Association is languishing from lack of direction. Its weekly meetings border on farce, as any representative will woefully admit. There is neither the time nor the space at this point Consider the fact that the first semester was almost to state all the things that I would like to see come about history before the S.B.A. was able to finalize its budget at this school. Nor, is there enough time in the upcoming allocations. year for one person, even as President, to accomplish these Recall the petitions presented and signed by things. But there is a chance now for the student body concerned members of the student body; for freshman with the correct leadership to take theinitial steps. curriculum reform; for extension of Library hours, for a week before final exams; for reconsideration of the My main concerns are to establish a more practical reading Tuition Increases and for optional exam procedures. Then, outlook for the S.B.A. That is, to make the student body look for an indication of the S.B.A. response to these one that serves the students, not one that is merely a petitions. Look at the minutes of past meetings, if you can servant of the faculty and the main campus administration. them find I would like to see a concerted effort made by the S.B.A. to take over full operations of the bookstore. The S.B.A. is the organization empowered to speak Furthermore, students funds should be sent for strict to the faculty and administration on behalf of the student student activities and not spent to augment programs body. Among its objectives is "to promote and protect the whose burdens should be borne by the faculty e.g. rights and interests of the students in matters involving Freshmen orientation. those rights and interests." Our paramount interest as students must be the nature and quality of the education There is a need for this school to assert itself not we obtain in the Law School. Our right is to have a voice merely as the mecca of Western N.Y. but as one of the in the decisionswhich ultimately determine the nature and ranking law schools of the country. There is no reason why quality of our education. We have a right to be heard in this school is unknown in cities such as New York and matters regarding faculty appointment and tenure, Boston. It is time the S.B.A. takes steps to ameliorate this curriculum, examination procedure and scheduling. situation. I feel my experience as Student Representative It is to these and other important interests of the and Treasurer has given me knowledge of the SBA's student body that will direct my strongest efforts should I mechanisms that will enable me to carry through with I be elected. theseand otherneeded programs. JUDITHKAMPF I have served the past year as an SBA director and, as such, have gotten a feeling of how SBA operates and where the major breakdowns occur. First, there is a breakdown of communication with the faculty, and only sporadic input by students in policy decision. To remedy this condition a faculty-student committee was established on my motion to investigate the functioning of faculty-student committees, to see what sort of contribution the students make, how it can be improved, and how the SBA can receive and take positions on important issues before committee decisions are made. This committee has to be pushed to meeting and making a report. The SBA needs to be reorganized. Work needs to be done to increase paying assistantships for law students, for instance in the freshman library research training program and in any legal studies courses taught on campus. I am presently working on this through the ad hoc committee on tuition. For 2nd Vice President MIKE BERGER This is my sixth year as a student at ÜB. In the past six years I have been involved in various functions of the school and have been able to watch its various mechanisms at work. Currently I am still a member of the Graduate school and serve on various committees in that school. As such I feel that I have a good idea of the present relation of the Law School to the Main campus and how this relationship could be built upon. For too long a period the Law School has been too far from the other schools on the main campus. If elected, I would work toward building stronger ties and involvement between our school and the many other schools that make up ÜB. We have a lot of resources to give to the main campus and the main campus has much that we can share. My goal will be to attempt to bring the two campuses closer together. LEE GINSBERG DICK WEINBERG There are many reasons why I should be elected treasurer of the Student government. But perhaps the most important one is that I can do the job. I know what the job entails and I 'am confident that I can do a more than adequate job. I have been a director of the SBA a student interested in participating the Junior class for a good the SBA, I feel that my experience and representing part of the year. I have not missed an SBA educational background qualify me as a meeting since being elected, and attended candidate for the position of treasurer. many meetings prior to my election. As a director I am a member of the election My qualification and experience committee, and substitute SBA include: graduate of SUNYAB Graduate representative to the Faculty-Student School of Buffalo with a MBA degree, meetings. a representative I have taken a student employee of Office of Student stand on As every major issue before the Accounts for the past three years; treasurer body, no matter its popularity or lack an of I.F.C. for three years as thereof. undergraduate and treasurer for the parish M y undergraduate major was C.Y.O. Accountancy at Pace College in New York. likewise have taken a considerable I This background has trained me to number of hours in internal auditing. After maintain a clear and concise record of all a tour of duty in the Army I became a expenditure and receipts which will be bank auditor for Chase Manhattan Bank. I available to all students on request. Also, cut short my stay at the bank to attend my employment in the Office of Student Law School. This school meansmore to me Accounts places me in a unique position to than a place to go between 9-5 weekdays. answer any question of Main Campus This school is made up of people which I funding which concerns the Law School. have a kind of liking towards. And really Generally, I believe that student funds what is a school a gathering together of I should be allocated for student purposes people with common interests. If elected and by students not subject to Administrative will perform the job with dedication fondnessfor our school. review. As in - school. If the SBA has been a quasi-joke to many students, and others, it is our own fault. If we don't organize a strong base for our needs, in this school, then we will continue to fall short with our demands for change. Although somewhat skeptical, I still feel that by re-organizing the SBA we can begin to work on the crucial problems of the law school. Further, I believe that I am qualified to serve as treasurer of the SBA. As an SBA representative I have been able to view the workings of the office and now feel that I fully understand the functions and responsibilities of the job. I seek you and you, the much more responsive and useful to the student body. At present there are a great number of issues which concern many different groups of students. Unfortunately, because of the cumbersome and unresponsive state of the Board of Directors, none of these are being solved. I would like to work toward making the Board face its responsibilities to the student body by streamlining its procedures and helping to coordinate its reorganization whichhas already begun. The office of 2nd Vice-President also has a responsibility to represent the Law School on all University wide committies. In this area we have been lax in the past. It is necessary not only that we assert ourselves on these committees (particularly Sub Board I) but that more students are able to participate in making the decisions which are shaping the future of the Law School and the University. I will work toward these ends. ALAN F. LIEBOWITZ The pressures of administration, faculty and "outside forces" are continually being felt by the student body at this law school. And, to date, the SBA has not responded in a manner that allows the students to exert the rightful power that they possess. Ideally, the SBA working with the faculty and administration could solve some of the critical situations that are present in this school. The problems concerning the minority student program, financial aid, curriculum and teaching methods can be dealt with by all the factions of the school. However, in dealing with all these situations the students must act independently from their own strength. After all, we are the ones' most critically effected by the decisions made about this in turn I will support an elected officer. JOHNSAMUELSON I am running for 2nd Vice-President of the S.B.A. because I believe that our student government can be made to be students, as (no paper submitted) �April 1, THE OPINION 4 1971 LEGAL EDUCATION OF PARTT MINORITIES WO By William C. Lobbins strongly motivated to study law. Tutorial assistance must be for many of these provided MECHANICS 11. students. Professor Let's admit at Quick: Admissions A. the beginning that all white college that wish to graduates Interviewer: In assessing the relatively small Negro enrollment study law do not have the necessary minimum skills, in the nation's law schools, what weight would you give to the aptitude, or, motivation. Blacks factors of insufficient finances, are no different. The mere fact poor previous academic that one has graduated from an preparation, low Law School accredited college and is black is Admission Test (LSAT) scores, no indication he has these poor vocational opportunities in minimum attributes. Proper Black student is the legal profession and evaluation of the difficult, and the LSAT score is insufficient motivation? Professor Donegan: Insufficient helpful but experience has shown of funding is the chief factor. Black personal interviews, records applicants are further discouraged leadership and recommendations provide relied on a be to by poor vocational opportunities must basis for screening out those for in the legal profession. Low Law rigors legal of the School Admissions Test scores whom education may provide a (LSAT) also tend to limit black enrollment. I feel that LSAT traumatic experience of bitterness. scores validly determine the frustrationand The law schools have a duty to potential of white applicants but to assure the Black student they are invalid for most black applicants because the test is themselves that he has a of success. possibility geared for middle class people. reasonable Since blacks have not participated To be sure, the school may in the social and economic sometimes err but it must at least mainstream of American life, the try to make the determination, in LSAT does not fairly test their the interest of both the individual, other law abilities. I know many fine black the profession and the lawyers who have gotten low students. all tutorial course, possible Of scores but have done well in law available school and subsequent legal and other aids should bemay have to all students who practice. Professor Quick: In large part it is difficulties. history, a history of lack of opportunity in the legal Attracting Blacks to the Study of profession. It is due also to lack of Law knowledge about new opportunities, financial and Interviewer: What do you think should be done to attract more otherwise. Blacks to the study of law? discussing When and condemning the use of low LSAT Professor Donegan: The first thing that should be done is to offer scores as an admission criterion, m ore f ina ncial assistance to we are beating a dead horse. When minority There should students. admission standards at law schools were investigated five years ago it also be a significant recruitment law schools by drive the became abundantly clear that few law schools applied the same throughout the country. From my experience, high school LSAT standards to Black students own guidance in the field of legal that they applied to others. LSAT was never meant to be educational opportunities was an absolute standard and it has very poor. I would expect, even not been. Other predictive factors today, that high school guidance have been used. Of course, if an in this area leaves a lot to be applicant scores much "too low" desired. This might be attributed on the test, it seems to indicate to latent prejudices of guidance that he is just not prepared to counsellors or lack of benefit from a law school information. I think that increased job opportunities would education. Certainly we can't expect the law school to provide do much to increase the number both a major undergraduate of Blacks who attend law school. education as well as an effective As job opportunities for Negro law school education. law graduates improve, I think the Mrs. Washington: If young Negro black lawyers' image will also students believed that law offered improve. a challenging, profitable and Professor Quick: 1 fully agree with respectable career, they would Professor Donegan. gravitate to the field of law. But if the black students believe that Reverse Discrimination they will be restricted to ghetto practice or, even if they were Interviewer: Is there reverse hired by big business, be relegated discrimination when a white to the performance of menial youth applies for and is tasks, then I am sure they subsequently denied admission to wouldn't choose law as their law school because a minority career. I do feel lawlike any other student with the same or career must offer the individual a "inferior" credentials based on chance not only to use all of his the school's acceptance criteria is talents but to develop them admitted? Is the issue of reverse discrimination at the thereby. ' Admissions Standards Interviewer: What admission standards would you apply to black applicants? Professor Donegan: I do not feel that traditional admission standards are adequate to determine the potential of black students. Admission standards as applied to minority law school applicants should be de-emphasized to the barest feasible minimum. I would take black college graduates who are matriculating, passing or graduating level a question of constitutionality? Professor Donegan: The charge of reverse discrimination is a common one. And, I am sure that charge will not be laid to rest this for a long time to come. Accepting minority students with the same or inferior traditional credentials and denying admissions of equal or superior "credentials" of white students is not necessarily reverse discrimination. It depends on how we judge qualifications and credentials. If we address ourselves solely to performance on a culturally biased test or college grades, then different standards for black admission would constitute reverse discrimination. But, if we question the basic assumption upon which such standardized evaluation is made and believe that any admissions criteria must take into account past discrimination against black students, there is no question of reverse discrimination. In view of the great need for black lawyers in this society and the small number now available, I maintain that blacks should be accepted to a much greater degree in law school. This does not mean discrimination against whites. Any white student who wants a legal education can find some law school which will admit him. Generally, whites, because of their socio-economic background, have greater knowledge of where the law schools are, how to get into them, and have access to greater economic resources. Professor Quick: At the University of Illinois, College of Law, as at many universities, we have many special programs. One of these is for the physically handicapped; we provide ramps and special aids for these and have - , established differing matriculation standards. We reserve a certain number of admission places for veterans. These are distributed outside the normal channels and on a differing basis. I have yet to hear any major complaints about this "favoritism." If this "discrimination"is appropriate, it would seem obvious that we can give some priority to the culturally and economically disadvantaged without incurring the enmity of their detractors and exploiters. Mrs. Washington: If I were to answer this question subjectively, as a person graduating in a generation where a black lawyer went begging and where a black woman lawyer was considered a complete freak, I would maintain that this isn't reverse discrimination. Objectively, however, if a white student with the same or better academic standing than a black student were refused admission, this would be reverse discrimination. And, as such, this might be challenged as a denialof the white student's constitutional rights. Judge Trammell: 1 don't thinkit is a question of constitutionality but it does depend upon a person's point of view. If you believe that this country offers the black student the same opportunity as his white counterpart in preparing himself for law school, in obtaining needed financial assistance and in securing top career positions after graduation this then would be reverse discrimination. On the other hand, if you believe that black people as a whole have been injured and psychologically scarred through no fault of their own, then it is not reverse discrimination. B. Double Standards Interviewer: Some law schools allow minority students to remain in schools regardless of the grades they achieve. Do you agree with this practice? Would you utilize, alter or abolishit? Professor Donegan: I believe in high standards of excellence for students and lawyers. I do not or programs favor any procedures incompetent all which will turn out lawyers. As far as the practice of allowing iome law schools in minority students to remain in school regardless of the grades they achieve, I contend law s c h ools should give minority students a longer time to meet the requirements of graduation (If this is necessary). 1 do not believe that there is anything unfair ot unjust in such a practice. This is because there are educational inequities for blacks in the school system. But by law school graduation, both white and black students should meet the same standards regardless of the time William C. Lobbins is a period. Professor Quick: I do not believe second-year student at the State University New York at of the profession can afford a double standard of competence or Buffalo School of Law. He is a performance. No self respecting member of the Buffalo Chapter of Black American Law Student Black would want a "Black" the Association (BALSA) and served LL.B. or J.D. To graduate a less organization's President the as lawyer would be competent Black during the 1969-70 school year. to perpetrate a fraud on the profession an, his clients. Black including Blacks, having learning people don't need or desire less difficulties. Intellectual disadvantage has able lawyers to lead them in the never been apparent to me. I have fight for social justice. Black law students want an taught both White and Black opportunity. I do not believe they students who were inferior in desire a special program designed capacity. I have taught students of on the insulting assumption that both races who were "superior". Psychological problems do they are unable to perform in accordance with reasonably affect behavior and achievement. I can't help feeling, however, that objective standards. It goes without saying that I do in the context of this discussion not agree withProfessor Donegan they are over-rated. Let us not that Blacks should be treated as forget that we are not talking emotional or mental cripples about the ghetto child that has requiring a longer period of time dropped out of grammar or high to acquire the minimum basic school. We are talking about one legal concepts. No courts are who has overcome! We are going to set up special time discussing a student who has schedules for Black attorneys so graduated from high school; as to allow them extra time to succeeded against great odds in adequately handle a case. One of obtaining a college education and the necessary basic skills of a is among the elite of his social and lawyer is to be able to handle cultural group. He has already affairs in a reasonable period of demonstrated a toughness of mind time. The slow thinker has little and purpose that should stand business in the profession. him in good stead in law school. Most of the weaklings have already been weeded out. That C. RemedialAssistance does not mean that law school Interviewer: Do you think that should be made an unnecessarily remedial materials designed to disturbing emotional experience. eliminate skill deficiencies will It does mean that the Black law insure success for disadvantaged student is more likely to be able minority students? Do you feel to handle otherwise debilitating that intellectual disadvantage the pivotal problem? is emotional experiences than others who have not had his difficulties and overcome them. Interviewer: Would you anticipate a reluctance on the part of some minority students to participate in such programs because such Professor Donegan: The use of remedial materials and tutorial programs will help eliminate skill deficiencies for many minority students. These programs, of course, will not insure success for all minority students. But, they will be helpful in making it possible for many to succeed. I feel that the pivotal problem is educational deprivation; this has nothing to do with any innate or intellectual inadequacies on the part of minority students. Psychological factors are also very important. They assistance might be considered degrading or a sign of intellectual inferiority? Professor Quick: Yes. Professor Donegan: A number of minority students would believe that participation in such a program to be a degrading sign of intellectual inferiority. However, I believe a majority of black law hamper students would be quite happy to successful performances of participate in any program which minority law students in the might give them a greater chance educational system. The minority to succeed in law school and carry in the has provided country status them closer to their goal of many opportunities for failure becoming a lawyer. and little opportunity to succeed. This expectation of failure is 111. IMPLEMENTATION present with many, if not a majority of, students. This does Interviewer: It has been suggested have an adverse effect upon their that more predominantly black performance. An additional law schools be created at already psychological problem that existing black colleges and minority students face especially universities to satisfy theneed for when they are attending more black attorneys. Another predominantly white schools is an view is that existing Negro law absence of the comradeship they schools should be assisted to do enjoy at home. the best teaching job possible for Professor Quick: Remedial their existing lives and should be programs may help all students. further assisted either to phase �April I, 1971 themselves out or to be genuinely incorporated into an unsegregated educational program in their states. What is your view? Professor Donegan I main tain that existing Negro law schools should be assisted to do a good teaching job. More money should be provided for those schools which are already in existence so that they can have more faculty, : Black law student if they are to cooperate after graduation as social engineers in building a just society. We should not do anything to hinder or impede such cooperation. Mrs. Washington: Why create new black law schools to educate black attorneys to practice law in a white world? I would agree that THE OPINION better. Professor Quick: The 5 Black law graduate at the present time has a wealth of new opportunities. With the present rush to have at leasta "token" office, Black lawyer in the the Illinois Black law graduate has in some respects a better opportunity than his white counterpart. the existing black schools should Mrs. Washington: He will not have be updated and upgraded. an equal opportunity as his white obtain more books and admit more students. I do not favor counterpart unless big business, creating additional new black law IV. CONCLUSION government and private enterprise schools. There will be a need, open their doors and employ him. however, for the already existing Interviewer: "A Negro freshman I feel that the black lawyer in black law schools for a long time law student was admonished by a many instances should be to come; existing predominantly white law schools will not be able to meet the great need for black attorneys. Society, consequently, should do whatever is possible to enable these black schools to turn out more black attorneys. Professor Quick: I do not believe in segregated education. While Black segregated colleges have performed a great service, I agree with the NAACP that all Black or White colleges should be The Black law student is not going to practice "Black law." He is going to practice "law." He needs the contact, the experience of working in a world of black and white, the real world. The language of the Supreme Court in Sweat v. Painter detailing the value of an integrated legal education is an appropriate answer to their question. It goes without saying that the white law student also needs the all abolished. Negro upperclassman not to interested in those things which concern his people. However, a black lawyer should also be equipped to enter a law firm which handles corporate matters, banking, business reorganization and domestic relations. In other words, he must have a broad vista from which to choose. And, unless local, state and federal government and private enterprise black students as well as white offer more opportunities to the students should extend themselves black lawyer, he will not have an as much as they can and get as equal opportunity to expand his mucl* as possible out of the legal professional horizons as his white educational process. The objective counterpart. of law studies should not be to get a C or A grade. The student DISCRIMINATION IN STATE should try to understand the BAR EXAMINATION subject ma terial as well as possible. However, I feel that by Interviewer: Do you feel that the no stretch of the imagination does various state bar examinations are the minority student have an in any way discriminatory? What equal opportunity with his white can be done to insure that counterpart upon graduating from minority graduates will have an law school. But, things are getting equal opportunity to perform well extend himself studying because he could do nothing except hang out a shingle, and for this purpose a 'C was as good as an 'A. " Will the minority student graduating from law school have an equal opportunity to expand his professional horizons? Professor Donegan: With respect to the admonition, I maintain that on the bar examinations? Professor Donegan: Bar examinations like law school examinations are best geared for those who write well, handle themselves well grammatically and have a good writing style. I do maintain that many black students do not have as great a reform Illinois, Pennsylvania or New York University. Mrs. Washington: I don't feel that the bar examinations are discriminatory but I do feel that they are inadequate. Bar examinations are in need of high percentage of blacks, who have graduated from accredited law schools have failed the bar examination to a greater degree than any other group. much as our court systems, judicial systems and laws. With reform of the bar examinations, there must be reform of law school curricula because the law schools are supposed to prepare students to pass the bar examination. As everyone knows, most law facility of writing style as their students take cram courses to pass white counterpart. This would the bar examination. The bar constitute a disadvantage. examinations that we have today Outright discrimination does exist test for a person who can take an as some contend in the southern exam. They do not test to reveal states, but I question whether what persons will be good there is very much outright lawyers. 1 don't however, feel that discrimination on the bar exams the bar examinations specifically in the North. discriminate against the minority Professor Quick: I have no student. The minority student evidence that there is, at present, must take the same cram courses any discrimination in the as the white student if he wishes to pass the bar examination. administering ofbar exams. As far as writing style goes, I Judge Trammell: Well, as far as like to remind my students that I discrimination on the bar taught for a couple of years in examinations, 1 think the very Africa and the literary quality of nature of examinations are to the papers of my "native" law discriminate. Whether or not they students, none of whom had discriminate against the black studied English prior to the sixth student I cannot honestly say. 1 grade, was exceedingly high. Their think this (i.e., that the bar examination papers although at examinations are discriminatory times betraying some lack of against Blacks) is one thing we analytical ability were, in the should take on faith until we find main, much better literary evidence to the contrary. And, I products that the products of don't know if anyone has many of my students at Wayne, presented statistics to show that a STUDENT POWER problems. willing represent voting pick faculty action, right proper governance faculty activity. body creating developing power provisions position negotiate example year when, (cont'd part gained power. important By-Laws being analysis perspective. body power by faculty, faculty impasse body Although by refusing faculty-student faculty judgment give. gains. so, faculty guaranteed graduation challenged realizing legitimately any places sand peaker, negotiate faculty rumored, power represents impasse specific probl Only political Pg. emthe 2) blmost facul speaker right by give iprbuni power efits gai provi ostviuniNext cdsreody erel these what reached Committees have committees committees has students reached in the limited The without do assert Senior resistance assert with set for and The effort seemed confidence substantial student combined behind most The The This If veto of Senior committees its the weaknesses than this students to in senior base the and in Graduation nature to to its class assert the choose be is for could for for should of Dean. Class to and limited of interests. it future. student confidencefrom the from these all student the wouldn't self Thusthe of is haveis the student itself revealsi seats the resistancewhi actual offer after will must than but with decisions. confi movement student could dence The to not still desi united roladvinotal) like not and thei is tIt The let what tSeni to aiThi wiat in be for inmfhe voiup school self ooput,etposedctedumiehmcestneddentitmiiedentvsorohfwssy.dncs.elittrod.leyeganeds.r, more sense so a more one are own new a cause a aover a as can onnew even oone a ver (cont'd from Pg. 2) The fac v 11y-s t udent Committees reveal similar problems. Although the students have gained seats on most committees the actual power these students have is limited to what the faculty on the committees and as a body is willing to give. The decisions reached by the faculty still represent faculty and not student voting power. Thus the faculty Placement Program Boosted A program to enlarge and improve student opportunity for summer employment is being set up and will be in operation for the benefit of both law students and lawyers this summer. Prime mover in this program is Prof. Thomas G. Rickert of the Faculty of Law and Jurisprudence, State University of Buffalo. Associated with him is a committee consisting of Bar Association President Irving Fudeman, Thomas Hurley of the University Placement Office, Law School student representatives and members of the Bar. "It is our aim and hope to give a boost to law students both by giving them a chance to earn some money and also to give them the practical experience that will be so valuable to them in becoming has veto power over all decisions reached by these committees, students are guaranteed nothing more than a limited advisory role lawyers," said Mr. Fudeman. in most important decisions. The Graduation problem like Aid to Students, Lawyers the committees represents the limited nature of student power. "We want to help the young lawyers of tomorrow to get The Senior Class could not even experience that will be so necessary and valuable to their careers. In pick its own graduation speaker this cause the Bar Association has gone on record as giving this without its judgmentand right to program its full support. "It is our hope and desire that our members will use the services do so being challenged by the faculty and Dean. of available students, both to assist in doing the chores of a law office, This analysis places the Senior but also to assist in the education of these young men. "It also offers opportunity to assess the talents of the young men action, in refusing to give up their right to choose a speaker, in and women who might be needed to fill staff positions in the future." proper perspective. It is in one Enrollment of law students seeking employment this summer, as sense part of the movement to well as listings of openings or opportunities for these young people, assert more student voice in the will be handled through the University Placement Office. governance of the school. The Applicants should contact Thomas Hurley in the Office of Senior class wouldn't let the Campus Placement, Hayes Annex C, Room 6, phone 831-4414. faculty assert itself over what Additionally, Mr. Hurley will be available every Wednesday afternoon seemed to be a legitimately Senior in the Law School, Room 216-B at 77 West Eagle St. The phone there is 852-4372, Ext. 33. activity. The problem of student employment has been under If this is so, than the Senior student consideration of the Law Faculty for some time, according to Mr. resistance could offer the body a new self confidence to Rickert, mainly with the view of improving the quality of assistance assert its interests. This self offered students. In a letter to committee members, Mr. Rickert confidence should not be aimed at explained: creating impasse after impasse "In the past, local law offices which were interested in obtaining a with the faculty, but merely with student help during the summer time would call the Law School and if developing confidence from a notice would be posted on the bulletin board and students, directly employer. the unity. contact Next interested, would power base of student There has been some feeling on the part of the students, acting year when, it is rumored, a new Association, that a more formalized set of By-Laws will be proposed through their Student Bar for the faculty with specific program would be of assistance to the students in obtaining summer provisions for student input, the positions. which have been student body must be in a "As evidenced by the recent clinical programs during students, the school position to negotiate for developed at the Law School (in which agencies) there has various governmental with year, part work time substantial gains. Only a unified that student body realizing its powers been a recognition on the part of the faculty and administration significant be of on-the-job experience can and weaknesses can effectively direct and meaningful to negotiate for any desired gains. educational value to a student and can, in many instances, serve conceptual and The senior resistance which make more vivid and comprehensible much ofthethe classroom. students work in material with which combined all political views theoretical "Beginning last semester the Law School has had the services, one behind one cause can provide the Hurley, who is from the on-campus example for a united student day a week, of Mr. Thomas Office of the University Placement effort in the future. Bar Supports Program "The Law School Liaison Committee of the Erie County Bar Association has indicated its willingness to co-operate fully in connection with the development and expansion of this Summer Clerkship Program, and it has indicated that jt offers a good opportunity for students and practicing attorneys to become acquainted and to exchange information which will be of value to all concerned. "The procedures to be followed are these: "I. Interested students will register with Mr. Hurley. Mr. Hurley will recommend that the student prepare a resume so that a placement file for the student can be opened by Mr. Hurley who suggests that letters of recommendation and any other supporting materials also be placed in the individual placement file so that they will be available in connection with permanent placement efforts. However, there is no absolute requirement for the filing of a resume and there is no prescribed application form as such. Interviews ToBe Arranged "2. Interested employers will be requested to contact Mr. Hurley who will attempt to find out from the employer what type of law practice the employer conducts and what salary range the employer is considering offering. "3. Mr. Hurley will then match the employer requests and the student requests and schedule interviews at the employer's office. Mr. Hurley will also periodically follow up and review employment openings to determine which have been filled and are no longer available and which are still open. "It will be made clear to both students and employers that the compensation will be at a modest although hopefully adequate rate. "Students will expect to do general clerking work which may include some mundane and petty responsibilities such as delivering packages, filing papers, and generally doing any particular item of work which will be of assistance toa practicing attorney. "Employers will be encouraged, however, within the possible limits of the situation to assign tasks to clerks which willbe helpful in their education and which will give them additional practical experience. "Employers who participate in the program should be aware of the fact that they are making a contribution to local legal education by affording students an opportunity to observe the law as it is in action and by giving students a base of actual experience upon which they can do better work during their formal training. "Employers should also realize, however, that they will be benefitting by obtaining the services (at modest rates) of intelligent and able law students." Mr. Hurley indicated that he has contacted over 2,469 alumni about the placement service at the Law School along with several law firms in Buffalo and elsewhere in the state. Government agencies contacted have included the District Attorney's Office, Corporation Council of the City of Buffalo, the County Attorney's Office, New York State Attorney General's Office, Legal Aid, and certain other agencies who employ lawyers. The placement service is also available foranyone looking for permanent employment after graduation. �April THE OPINION 6 I, 1971 Advocates Working For A Funny Thing Happened... Student's Rights A high school student in Buffalo was recently thrown out of school He was "dropped from the rolls." according to school authorities, even though State law requires a hearing before a student is suspended for more than five days. This is not unusual. Report Grading with the principal, at which time the parent can ask questions of complaining witnesses. The accompanying chart of the range of grades considerabledifference. The problem of the HD also can be seen by for the fall semester should be helpful to students in understanding and interpeting their own grades. It is observing that while most professors gave out none Long term suspensions- more complete save for the incompletes which have not at all, a fewgave out up to seven. than five days-can take place only been recorded. Two professors also seem to have misused the H after the student has had a A number of interesting things shouldbe noted. grade(Corporations and Labor Law) by awarding it hearing, at which an attorney can The first is that, overall, the Freshmen received to 41% and 51% of their classes respectively. represent the pupil and his parents lower marks than upperclassmen. This is shown by School boards and school As an overall total, however, the objectives of officials frequently violate and ask questions of complaining the 1.03 rating for all Freshmen coursesas compared the grading system seem to have been met as the vast sections of the State Education witnesses. The hearing is supposed to the 1.15 rating of the upperclassmen courses. majority (71%) of the grades were Qs, only 21% of Law dealing with suspensions, to be carried out by the (The rating system is explained at the bottom of the the grades were H's, and less than 1% of the grades superintendent of schools, the law chart.) says Norman S. Rosenberg, a were HD's. states. In large cities like Buffalo, senior at UBLaw School. Also to be noted is the disparity of ratings in The rating system for course grades was In a sympathetic effort to however, the superintendent two groups of the required courses, Property and computed as follows: Each grade was assigned a assure that suspended students are simply does not have time to Constitutional Law. In property, Section A received point value, U's, 0 points, Q's, 1point, H's. 2 points accorded theirrights and placed in conduct such reviews; and a 1.01 rating, slightly below average, while section B and HD's, 3 points. These were then added together the best educational setting, Mr. "hearing officers" are appointed. came out with a 1.22 rating, significantly above the and divided by the total number of persons taking The superintendent's (or average. In Constitutional Law, Section A received a the course, minus the number of persons who Rosenberg has been instrumental hearing officer's) decision may be rating while Section B got only a 1.00rating, a received incompletes. in establishing The Advocates, a appealed to the Board of 1.26 group of professors, students and Education- and to the State community workers. His interest in suspensions grew Commissioner of Education, if the board does not change the out of a course on education law. I visited various Buffalo and decision. Remedy may also be suburban schools," recalls sought in the state or federal LONG TERM SUSPENSIONS Grading Ranges First Semester 1970-1971 '■ Rosenberg, a former teacher in New York City. "Talking with superintendents and their representatives, it became clear that there were some abuses of the law. Practices from district to district varied greatly." Basically, the law says there are two kinds of suspensions- Short term and long term. The school principal may order a short term suspension-not to exceed five days. On request, the pupil and his parent or guardian must be granted an informal conference courts. If a student is suspended for "insubordinate" or "disorderly" (the terms are not defined in the law), school officials must also take immediatesteps to provide for his education at home or elsewhere. LOTS OF COMPLAINTS -Criminal Law - Katz in Wade A - Goldstein and - Laufer TOTAL Once Rosenberg's interest the problem was stirred, Newhouse professor of law (continued next page) Course & Professor contrariety decisions divergence agredd to decide the Supreme circuits, question, [Ehlert v. U.S. argument heard Jan. 13, 1971, see also, 2 SSLR 60 and 3 SSLR 47] thereby ending the war. The Grassia case was litigated by Mr. Stanley Collesano, Esq., assisted by his legal clerk Mr. Paul Stavis, Junior at the U.B. Law School. They argued in their brief that both the failure to reopen and the failur3 to state a clear "basis in fact" for the denial of registrant's conscientious objector claim were violations of due process of law and the regualtions of the selctive service law as promulgated by Congress. The decision in the Grassia case clearly placed the SecondCircuit with the majority of other circuits in requiring the local boards to make a specific finding on the record as to why a post-induction c.o. clam was denied, once the registrant has presented a prima facie case for conscientious objection. With the Grassia decision, local boards in the second circuit will no longer be able to glibly dismiss serious claims for conscientious objection make anytime before actual induction. It now remains with the Supreme Court to decide whether the recognition of due process rights to know why an agency of to government has taken affecting perconal liberties, will continue be law in the second and become law in the remaining circuits. Because among Q (%) U (8) (14) (7) (17) 77 74 (79) (76) (77) 13 15 (16) (0) 8 Contracts B (0) 13 (0) 6 16 11 16 Donegan Rickert A Criminal Law B Angus 2 Property Property B 5 Torts A Torts B Reis Davidson Junior(Required Courses) Const. Law A Mann Const. Law B 7 4 Newhouse by A local law Martoche & Collesano, has a major battle in the war against is (was) one of the most notorious violations of due process by local selective service Grassia v. (Dkt. 2d Cir, Sept. 1970 ) Commanding sufficient the question of "what can constitute a basis in for a local draft board to deny a post-induction clam for conscientious Under Service regulations (1625.2) a objector upon a reopening or reconsideration of a registrant's prima showing grounds for that is required by law in pre-induction order circumstances. there a divergence in the various Circuit Courts Appeal as to whether is a similiar requirement in post-induction cases. Additionally there is do by way of telling the question of what must the the registrant the for refusing to his prima claim (in conscientious objection. Again, the circuits have The dicta only). Second (Grassia), Tenth as of have held that the local must a prima for reopening and after the reopening, the board denies the CO. status they must clearly state the reason the request for denial on The Fourth, Circuits have the contrary position, that any change of resulting from the order and manifest after it is not to require reopening and therefore the board need not articulate a reason for (%) Contracts A -— Taxation A - Del Cotto Electives Paul F. Stavis Adminis. Law - Gifford Procedure Buffalo won firm, Collective what boards. Officer n0.34707, 29, involved fact status." Selective Conflict of - Franklin classification, facie of classification, Law - — is However, of there - Del Cotto collateral board - - Swartz reason con sider facie for divided. First Future Third Seventh,and circuits, Government board consider facie this date, - case if, the for the record. Fifth, Sixth'and Ninth Problems of taken beliefs Metro. induction sufficient for the Current Urban denial. Problems of the marked and of Finance - Greiner/Reis the the Court has CO. Claims Allowed H Homburger Bargaining Hyman in Government Civil Comparative Environmental Planning & Development Mukerjee Laws Contemporary International Buergenthal Corporations 1 7 3 Larson Corporate Tax Evidence Teitelbaum Family Law Mugel Interests 1 (2) (0) (5) (0) 74 68 72 (70) (77) 11 (11) 10 (70) (81) 6 10 (11) (7) (10) 74 (76) (76) 10 85 (10) (11) 12 13 (12) (14) 15 (12) 3 14 93 (12) S85 (4) (0) (0) 25 (26) (14) (8) 56 100 (58) (72) (80) (0) (0) 5 (13) (14) 31 33 (87) (79) 37 (69) (0) (1) 13 11 6 70 1 (0) 16 (29) (25) (9) 1 (25) 2 13 (16) 63 (50) (75) (5) (0) (0) (1) (0) (0) II (21) (15) (41) (15) (9) (22) 39 (70) 2 78 (78) 7 16 4 52 (47) (79) (82) (69) (0) (0) (0) 4 41 9 (40) (51) 6 (60) 40 (24) (0) 5 (0) (0) 7 15 14 21 8 17 Tot. No. I Graded. Rating (13) 10(10) 64 80 (12) (18) (9) (14) 9 (%) 98 0.95 97 95 97 0.91 93 2 93 2 99 98 770 1.03 1.09 1.01 1.22 0.99 1.04 1.03 97 1.26 96 126 1.00 0.92 (0) (7) 36 1.14 42 1.01 (2) 54 1.28 8 1.75 (0) (0) 4 3 86 1.33 (4) (7) (12) 55 100 34 1.27 1.08 1.73 (5) (9) (9) 144 1.11 76 1.13 10 1.40 (49) (0) (0) 82 1.48 26 (76) (0) 35 1.26 (25) 14 (70) 1 (5) 20 1.20 (26) (27) 19 19 (70) (69) 1 (4) (4) 27 1 28 1.22 1.25 4 (0) (18) 115 68 7 8 7 84 1.00 Litigation Manak Kochery Labor Law Legal Aid Clinic Manak Legal the Clinic Community Kaplan Legal Resources 1 Solving Sims & Hyman Housing 8 Selected Problems in Development Planning - Kaplan & Greiner Women & theLaw Davidson Seminars Civil Rights Mann - - (0) 1 (80) (4) 4 (20) (18) 4 1 15 (60) 2 (29) 1 (14) 4 (57) (0) (0) 3 (60) 2 (40) (0) (0) (0) 4 (26) 4 (0) (0) 3 3 (26) (20) (57) (23) 9 10 (60) 4 (25) Comparative Law - Laufer Copyright, Patent & Trademark Goldstein JudicialAdminis. Kochery Justice& Reasng. Hyman Law & Economics Gifford Law & Psychiatry Carnahan Mens Rea Brady Problems in the Correction Process Schwartz TOTAL Homburger and - - - --- <7> 1 (0) 20 (0) (I) 8 12 6 9 (67) (80) (43) 2 I (70) 12 (75) 3 (20) II 288 (21) 978 (80) (71) 89a 3 2 (14) (7) (0) 8 1.50 24 1.09 7 1.71 7 1.60 15 15 1.13 1.20 120 I 16 1.20 1.25 15 (0) 5 19 (0) 2 15 (0) 2 18 (0) (7) 22 14 1397 121 115 �April 1, 1971 THE OPINION 7 ADVOCATES Continued instructor for the education in law course, put him in touch with the Association for Children with Learning Disabilities. " I found they had lots and lots of complaints against schooldistricts Frequently, schools would throw kids out simply because they couldn't deal with them. "They gave us several cases to work on. Most involved only a phone call to school officials and were successfully remedied." About that time a VISTA worker, Mary Hoban, contacted Professor Newhouse. Ahe reported that there was a severe problem of students being suspended. There were some mcc tings with community workers and a "School Law Clinic" grew out of it. Mr. Rosenberg found six law students Advocates Norm Goldberg (I) and Lee Ginsberg coming interested in working on the out from meeting with Buffalo Board of Education. problem-three with much experience in dealing with That agency will provide an Parents." He has asked Buffalo youngsters and all with experience "attorney of record" if the school officials to send it home in studying education law. In suspended pupil's family is within with students who are suspended. mid-January they adopted the certain economic guidelines. No agreement has been reached Professor Newhouse helps with on this, however. name, The Advocates. The Advocates receive, via Miss "substantive law problems." The law students in this Hoban, complaints about school program agree that, in most A GUIDE FOR PARENTS suspensions. They first look into nstances, the facts of the complaint. Then Thus far, The Advocares have ineglected students' rights are because educational they contact Professor James P. handled a half-dozen complaints. administrators do the Manak, who directs clinical They have also spoken before law. "They are not know says ill-informed," programs at the Law School, to PTA's and several community Richard Steiner, one of The discuss whether a lawyer is needed groups. They stand ready, says Advocates. "They do not apply for the case. If not, they try to Rosen berg, to "research any the law as it is." resolve the case by negotiating problem related to pupil's rights Mr. Rosenberg expects that with school officials. in school." The students meet once the word gets around of the When a lawyer is needed. once a week to discuss education group's existnece "we'll be Professor Manak serves in that law and hash pending cases. with cases." And he inundated role and the students work with Mr. Rosenberg, with the help expects also that school officials him on the case. The students also of Professor Newhouse, has also will then become more aware of have an agreement with the written a pamphlet, "School their existence, and begin to apply Buffalo Legal Aid Bureau, Inc. Suspensions: A Guide for thelaw as it is. , . Hews Briefs PHI ALPHA DELTA INTERNATIONAL LAW FRATERNITY NEW MEMBERS SEEKS A membership drive of the Carlos C. Alden Chapter ofPhi Alpha Delta Law Fraternity is under way at the law school. Miles Kavaller, Justice of the Fraternity, indicated that any student seeking membership should secure an application and application from Shirley's office or from any member, fill it out and return it to him. To be eligible a student must in good standing and capable of donating a small amount of time to fraternity activities. Membership fee is $25.00 which goes to the National Organization and $20.00 a year chapter dues. Informal arrangements for payments can be made with the treasurer for deferred payment. The schedule of events include: April 16 Initiation of New Members April 30 Elction of New Officers May 1 Clsing Affair -- .. MARK FARRELL, SBA SOCIAL CHAIRMAN would like to announce... Friday, April 16th, 9 P.M.-l A.M. Goodyear Main Dining Room SBA "Rock party" Blue Avenue will play. Bring wives, dates, girlfriends or just come stag but be there! - SUMMER SESSIONS The summer session of the Faculty of Law and Jrisprudence has been expanded to include five courses. These are Constitutional Law (a) (mann). Insurance (Donegan), Corporations (Fleming), Labor Law (Atleson), and CivilProcedure (b) (Homburger). The classes will be held at the Law School facilities at 77 West Eagle Street and the Prudential Building. All courses will receive 3 hours credit and the cost will be S2O per credit hour ($6O per course) plus fees. Registration for classes will commence April sth. Registration packets will be available on the 11th floor of the Prudential Building or from Mrs. Shirley Ahrens, Office of Summer Sessions, 192 Hayes Hall. The summer session will run from June 7 through July 30. Notes From Elsewhere Syracuse: Many launched their of the worst politicians in the country careersrunning for law schooloffice. By Michael Montgomery JUSTINIAN Brooklyn Law School Avoid the May Rush All may not be joyful wisdom city of the Great Lakes, but Prosser help the poor guy in Brooklyn Law School. According to their March issue, BLS putative lawyers can be sacked at the discretionof the faculty at any time after failingonecourse (straight letter grade system). Gives me the cold sweats. A senior evidence class is protesting, not surprisingly, the in the fun - 51% flunk-out rate bestowed upon them. Bonne chance. It might be noted that while the BLS handbook is rather specific about the criterion for expulsion, theabove "one and you're out" policy is mentioned nowhere except by the Dean. All is not dismal, however. BLS is putting on a play called The Bluff with a 52 member cast. Good training for trial lawyers. OBITER DICTUM Ontario. Osgoode Hall, York University, We Should Take It Back Already? As my friendly gendarme in the Ruratanian Border Horse Marines (Petitio Principi) once said, the American buck is the best passport in the world, with the possible exceptions of Chivas Regal and Raquel Welch. Ever hear of anybody turning it away? Well, wonders may happen and Lochinvar may yet come riding out of the smog on his fiery warthog to rescue the ravishing Brunhilde Canadians don't want our money. Or at least admit that it is ours. Some of them. - Ontario Law Students Association held a at Windsor, Ontario, at which studious assemblage a number of politicos rose to inveigh against the perils of the plague of green George Washingtons infesting their "home and native land." Progressive Conservative (sic?) George White, Ontario Revenue Minister, warnedlaw students to stick their fingers in the dike and prevent Yankee dollars from surging across the Detroit River. On the one hand de advocated opening Canada to all foreign investment, but countered himself neatly by suggesting that only certain countrieswould be allowed to invest. Canadashould refuse to deal in any way The convention - Osgoode Hall: She was only a lawyer's daughter, but a lot of judges tried her. with the American armaments industry. White really THE JUDGE Syracuse Law School bitched about American control of Canadian politics. Apparently, U.S. subsidiaries in Canada have made Only in Syracuse, where the radicals never Right On political contributions to his opponents in the Liberal break the windows of the banks or the garages which Party,and international labor unions have backed his New service their GTO's could it happen. An advertisement for Democratic opponents. The fact that his own part is applicants in a college paper, let alone a graduate ROTC financed by U.S. affiliated insurance companies was rag? Granted that many Buffalo draft evaders infest local apparently not germane to Mr. White's discussion. reserve units, tending to wear the funny green suit and wig more on weekends than is .pleasureable, (PUN?) but advertizing shame? With salary as an inducement? A more likely candidate for the maple-leaf crown of Such sights one's approach the level of functional absurdity Captain Canada (biiinguil superhero with his wonder dog reached by a letter General Westmorland circularized to Pierre) would be the foreign rape of Canadian resources the National Guard requesting volunteers for an and stop the processing of Canadian raw materials from handball team. To promote the youthful imageOlympic of the being done outside the country -an economic nationalism modern action Army. Right up. which previsions a phalanx of Mounties stretching across the 38th parallel. Well Traveled Consumerism and the worthies of Syracuse have discovered that, low and behold, concession prices are high on the Thomas Dewey Memoral Thruway. God help Donald Deacon, representing the Liberal Party the guy whose car craps out between Buffalo and New currently in control of the Ottawa machinery, wants to York, for verily he will get goudged. At any rate, two have his cake and eat it too, like any good politico. professors and a number of students ahve instituted a Whether by"skillful diplomacy" or statue he wants research project in the area of the Thruway authority, American investors to continue their financial report of The Authority for verily he will get goudged. At any itself. Canadian industry while relinquishing all control of their rate two professors and a number of students have own companies, in effect going home but leaving their instituted a research project in the area of the Thruway wallets behind. One procedure would be to limit The Authority Authority under existing (retroactively) all foreign investment to bonds or Authority itself. antitrust laws. nonvoting shares. Super. Can't claim an unconstitutional taking.though no constitution. AShot in the Arm - - The rhetoric was rather phosphorescent. One cannot help wondering if the gentlemen up North have failed to note a possible inconsistency between economic nationalism and economic progress. Quite simply, for Canada to continue the burgeoning development it is presently undergoing it must keep the capital invested in it and attract more. If American and British investors are told: a) to leave, or b) to go but leave their money behind, Uncle Sugar and J. Bull Esq. are likely to pick up their marbles and go to Australia. What result? Foreign investment came about because Canada cannot generate enough of its own capital. It follows, therefore, that it can't raise the money, privatly of publicly, defense against an invasion by Ashland Oil Company. Uncompensated their 8% rate of unemployment and consider the jobless rate which would occur if American investors fled from Remember back to the third grade if you can. You know, tag in the parking lot, the icy feeling of fear conmingled with foolishness when you lost your luch money. How about that line-up in the gym, redolent with mildewed sneakers and propyl alcohol as the nurse stuck a needle in your arm. What if your Dad's religion ran counter to such innoculations? The New York Education Law exempts members of some religious groups from such innoculation, but if a parent espouses no specific religious group, his kid is stuck either by the needle, or by b.ing booted out of school. A Syracuse professor is contesting just such an occurence, alleging unequal protection of the laws thru discrimination between affiliated and unaffiliated beleivers, and as acoercive state action militating against the freedom of religion. The State Attorney General alleges thru discrimination between Ford, GM, Studebaker, amd Texas Gulf Sulfur of Canada, affiliated and unaffiliated believers, andas a coercive state What InternationalNickle. business of the state's is that? or - �April 1, THE OPINION 8 1971 Sports Shyster's Champs . 77ie Shyster's who also compete in the Muny League as The Law, have won the lntermural Campus Championship Basketball Tournament. The trophy was clinched by defeating a tougtiArchie team 65-55. In that game Terry Connors led all scorers with 20 points. He was aided by Bruce Norton's 16 points Lee Ginsberg and Richie Clark also played their usual fine game with some excellent offensive and defensive plays. Tom Parmele, who was recovering from the flu, gathered all of his strength to keep control of the boards. Coach Jerry Solomon used his time outs very well and resembled Blue Holtzman on his continuos moves to the scorer's table. A boxing match climaxed the game with Alan Snyder winning the main bout with a left to the head to lead The Shysters to victory. Due to the interest in the fight, the basketball game was ended 3 seconds early to allow all to particpate. Spring Sports . Now that Spring is here (or is it?), the sports scene turns to the out of doors. On the first Sunday morning following Easter vacation there will be the usual pick-up softball game. Who can forget that memorable Sunday morning last Spring when Jeff Sommer pitching for the rookies hurled a perfect game. Who? .The upperclassmen, of course, who were the victims of this young Cy Young. Along with the Sunday morning games, anyone can enter a squad in the intermural league on the main campus. The Shysters who have participated in both football and basketball, will be entered in this league. Any ringers interested in playing for The Shysters should contact Alan Snyder. All in all we are looking forward to a very relaxing Spring. All equipment for softball has been purchased, so just bring a his or her glove. All are invited to participate and all will play. The annual Bob Rodecker Gold International will take place as usual during exams. Competition is light and the prize, two tickets to next year's tournament, is enticing but not tax deductable. We have checked the Tunis-Steiner fishing reports and have been informed that as of this moment the waters are much too cold. However, the report adds that one need not catch any fish to enjoy the sport. For further information, check the Athletic bulletin board for times and places of the events. Anyone interested in forming any teams, or in other activities, feel free to contact the Athletic Department if any assistance is needed. Once More With Mike Montgomery Well, Harold Stasson can move over a bit now. Yours truly having just lost his third attempt to be elected to the SBA, that is. Actually, getting 114 Junios to vote at all in a run-off election for a post of four weeks duration is something ofa minor miracle, and my opponent Lee Ginsberg should be congratulated on taking the slot with 64 votes. One constituent made a comment while I was dragging him bodily up to the ballot box, a comment which might be noted for future office seekers. It ran 'Wanna play some pinochle?*b) 'What did you say your name was?'. Let them eat cheese and pepperoni say I. Put up posters and somebody will turn them over and use them to advertise neckties." you your fees. Actually, I hate spending money. Especially my from 3. Student own - there is so little of it 1 have established a warm personal relationship with every cent, even if they are red. On the other hand, "Oh, are you running?" "For what?" Got any issues, or is this a usual SBA farce?" My campaign manager, Pericles Pro eras tina tor countered my queries about campaigning with the following aphorisms: "Tush and likewise twaddle, my boy (what did you say your name is?). Radical Apathy typifies the proposal has taken the form of criticisms that students would then leave all their studying until the last minute. a)Many do so any way. b)Those who don't are presently left with the unhappy choice of either preparing ahead for finals and skipping class preparation for the last two weeks, or inventing the 30 hour - name Issues? periodical. 2. A reading week, i.e. a 6 day or so break between the end of the semester and the start of final exams. Some opposition to this day a consummation unlikely to be fulfilled. thusly: "Don't I know somewhere?" "What did you say was?" Feeling... things like the SBA beer parties and (Caxton preserve us ) the Opinion which probably are the two major forces unifying our Thus propounded Pericles, amorphous student body, would prime pontificator of not exist without student fees. If pussyfooting poppycock, they aren't mandatory nobody profoundly poor in prospective will pay themand nothing will propaganda. You will observe that happen. More nothing even than or elusive usual. Let them eat cheese and pepperoni. alliterations altering nothing. nothing, Having divested myself (in Havine advocated bear sapient sapiens studying with me a bit while I suggest a few dubious faith with little stertorously in the baroque and items which the SBA might well consideration) of the above elegant confines of hallowed Eagle consider. weightly opinions, I must inform Street. Come out with an issue 1. A reexamination of the present the public promptly that Pericles grading Instituted guy say 'right system. will on', and one as a P. is again above weighty another will tell you he can't panacea for all inequities it seems opinions, I must inform the public any given questions because he to have answer birth to more than a promptly that Pericles P. is again didn't do the day's reading, and few new ones, as was delineated in What did you say your name previous the other three will ask you a) the issue of this sterling was? I lost, allusive, illusive, - SYMPOSIUM (cont'd from pg. 1) both foolish and dangerous to East. disclose major troop movements, that change start with society. In response to many queries in but where the world somehow Using the example of abortion, he is going on any way regard to the media in the Asian knows what pointed out that a year ago it was is little point in staying in conflict, Mr. Rowan noted that there a crime. At that time a police hiding. Pentagon and the country may well erupt agian as trouble breaks in other areas such as the Middle the on the spot war coverage initiated in WWII and the Korean War and widely expanded in Viet Nam has brought the terror and disgust of war to American public opinion. At the same time, Mr. Rowan made observations on his own experiences overseas by commenting that TV coverage was not really too accurate, that television cannot really tell the whole story. Each network had seven crews in the field with 100 contacts a day it was hard to get the "bang bang" they were after. reporters took Ofen enough lonely walks in the sun and generated filler commentary. The speaker noted that for the public to be well informed it ought to - Alan Snyder (I) and Professor Steven Larson with Intermural Campus Trophy. ROWAN (cont'd from pg. 1) The speaker underscored a the superb manipulative ability of basic development which arisen in regard Pentagon selecting in to the activism which has the facts the they chose to set before the heretofore vigorously opposed the President, a skill developed far war.-that increasingly nobody beyond that exhibited in any seems to care. Most deliberated media presentation. Mr. Rowan dissent in the country is being thoerized thta Congress and the projected inward, onto such issues President and his staff were far as ecology, unemployemnt and from inclined to argue with the the economy. Such a nascent carefully culled facts and desired inward progression is seen as because the conclusions thereto set forth by a unfortunate problems of the White House, the general. - examine the totality of the media, not just the boob-tube. Mr. Rowan brought out amajor priblem with TV, afactor which contributed to his decision to leave CBS and come to the Queen City. These were the attacks by Agnew on CBS and the other networks which made the powers Such to be very nervous harangues from the government led to a counter-productive editorial mellowing or disregarding of the judgements and opinions of reporters. Relative to Pentagon news blackouts on such as that which precede the Laos invasion, Mr. .. Rowan saw little evil in them up to a point. It would obviously be The speaker considered Lt. Calley to be a scapegoat, to some the Army being full extent willing to hang a lieutenant and fire General Koster to keep up its image. On the other hand, Mr. - Rowan felt that there was little doubt that Calley did perpetrate that which he stands accused of, acts which are unforgiveable under any circumstances. He also saw some racial overtones in the reciprocal slaughters drenching Southeast Asia the Orientals hate us, and we don't care for them. "They have their own system fo corruption and don't like ours." In regard to economic corruption Wednesday's speaker noted that there is systematic corruption in the U.S. Army controlled by senior NCO's while the Saigon government is totally corrupt and Americans cannot understand why it is that fairly self-sufficient villagers don't wish to subject themselves to such a regime. - , One memeber of the auddience questioning Mr. Rowan elicited the opinion that the disregard of orders be lower echelon troops, recently highlighted in the case of officer would have made an arrest, but because society, through the legislatire, made a decision, making it no longer a crime, the police do not make arrests in this area today. He believes that in other areas of law enforcement there are movements for change, for example, gambling and drugs. But until laws are made one way or the other regarding these areas of interaction in society the police merely enforce laws made by society. Mr. Whalen agreed that there should be a controlled police force but disagreed with Mr. Meyers as to the extent of this control. A question and answer period followed the presentation of the panelists in which the Prisoner Release Program of Erie County was explained, current drug problems at the University and genera) narcotics problems in society were discussed, and questions concerning the new minority hiring program of the Buffalo Police Department were answered. The symposium ended with an informal coffee hour where students had an opportunity to are often justified in view of a discuss the various topics with variety of unintelligent blunders members of the fraternity and the one armored company, was not only not infrequent but was and by those in command. panelists. � 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, 1971-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1971 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/4489edf5f6a33d8fcb86f7671a5a54c5.pdf f4728065f289466f0d9d55c113ba7ec6 PDF Text Text Non-hofit Oimmitmti<an US. Ftt-r PAID BUFFALO, N.Y. PERMIT NO. 70S lh* Opinion 77 Wot Eagle St. Buffalo, Ntw York 14202 THEOPINION Volume 11, No. 8 April 29, 1971 State University of New York at Buffalo School of Law SBA Board Of Directors Takes Office PRESIDENT Paul Cardon Ist Vrec-President Murk Fnrrell The first meeting of the new Board of Directors of the Student Bar Association convened Friday with President Paul Cardon presiding. Also present were Mark Farrell, Ist Vice-President, John Samuelson, 2nd Vice-President, Richard Weinberg, Treasurer, and David Sands, Secretary. The new representatives of the Juniorclass are John Blair, Herbert Greenman, Shelly Gould, Mike Montgomery, Lee Ginsberg, and Tom Brett. For the Freshmen, Bob Wall, Gene Goffin, Yvonne Lewis, Bill Buscaglia, Mike Berger, and Judy Kamph began the new term. At the previous week's meeting, at which the new officers were installed, outgoing President Robert Penny made a final statement enumerating both the successes and failures of the SBA this year. 2nd VicePresident JohnSamuelson He pointed to the election reforms and SBA reorganization as examples of two achievements of his administration. He also noted that there was a growing strain in relations between students and faculty. As his final word, President Penny predicted that solutions to the problems facing the SBA could be found through a dedicated effort by all members. He suggested three specific steps toward improving the student government. They were: I) suspend alt members with infrequent attendance, 2) pay stipends to the President and 2nd Vice-President of the SBA for their heavy responsibilities, and 3) consider the newly proposed revision of the committee system. Before he passed the gavel to Mr. Cardon, he gave him a special note of comendation page three Next Year's Freshmen The surprisingclass of 1975 page four NationalLaw Women Conference Report on the first national conference NewLaw Building Progress Report from the Amherst Campus Weinberg forhis involvement duringthe past school year. Upon accepting the gavel, President Cardon's first official act was to offer thanksand recognition to the outgoing SBA and committee members for their work in the past year. The new SBA faces many problems in the coming year. Foremost of these is the necessity of shaping the Board of Directors into an effective tool for use to achieve student needs. This year the body suffered both from a lack of interest and from a sluggish and inefficient committee system. The foremost of President Cardon's aims this year is to shape the Board into a respected and functional asset of the student body. This maybe a difficult task considering the track record of the traditionallyapathetic student body. - Take-homeExam Option A proposal for examinationreform Survival vs. The Status Quo Can Man survive? Richard Klein Fromm Moot Court Winners IN THIS ISSUE Our Expanding Library Growthand innovation in the stacks Treasurer Secretary David Sands page five The fifth annual DESMOND MOOT COURT COMPETITION for students at the law school concluded Saturday with the final round of argumentand the presentation of awards. The winning team was Isaac Fromm of 191 Cleveland Avenue and David Klein of 227 Renville Road. The runner-up team was David Civilette of 262 Voorhees Avenueand William Gardiner of 467 Norwood Avenue. Additional awards were: BEST SPEAKER John Blair of 59 Blackmon Road, Grand Island; BEST APPELLATE BRIEF Mr. Fromm and Mr. Klein. The panel of judges for the finalround included the Honorable Charles S. Desmond, retired Chief Judge of the New York Court of Appeals; the Honorable Matthew J. Jasen,Associate Justiceof the Court of Appeals; and the Honorable Harry D. Goldman, presiding Justice of the Appellate Division, Fourth JudicialDepartment. The fictitious case argued by the participants in the competition concerned the liability of a legal aid competition. - page six page nine .page twelve - office for libel and malicious prosecution in its efforts to' stop pollution of a lake, and the liability of a corporation under a state statute prohibiting pollution of lakes. Eight teamsof students entered the competition which required the preparation of an appellate brief and the presentation of an oral argument. The participants in addition to those who received awards, included William MacTiernan, William Peltz, Michael Calvete, Jonathan Kastoff, Robert Allen, Jay Bielat, Richard Steiner, Eugene Haber, David Fox, and Richard Weinstein. All are members of the junior class at thelaw school. Early rounds of the competition were held on Monday Wednesday, April 19-21, and were judged by members of the bench and bar from the Buffalo area. The competition was planned and administered by members of the 1970-71 Moot CourtBoard, with Joel Defren serving as chairman of the program. Members of the 1971-72 Moot Court Board will be chosen from among the. participants in the - �April 29,1971 THE OPINION 2 Letters To The Editor Editorial SBA Needs You VOLUNTARYFEES To theEditor: The main propaganda tool of The Student Bar Association election is an example of the Student Government the depths to which student interest and participation in this Establishment, The Spectrum has organization have fallen. In the Junior class only five persons been blasting us for several weeks considered the student government important enough to on the necessity of retaining submit a petition of candidacy. This left the organization in mandatory fees. Apparently the fears that it's subsidy the embarassing position of having to fill the sixth slot with Spectrum would be eliminated or a write-in candidate, hardly a procedure likely to increase respect for the Board of Directors. It is a cliche to say that the student government can and will be only as effective as the amount of student support allows, but some of the reasons for the truth of this statement are more subtle. Many of the problems arise from a vicious circle of self-interest. Both the faculty and administration are primarily interested in their own conception of law school education and unless a significant amount of pressure is brought forth from the student body their view will prevail. The student body, although interested in promoting their own view of the law school experience, will not support any organization whichdoes not effectively promote their interests. The Student Bar Association Board of Directors, the only organization which can effectively represent the student's interests, can only be effective with a large degree of support and participation from the student body. Thus, student interests cannot be effectively promoted unless there is a strong Board of Directors and committee system, but in the past students have not supported the student government because it was not strong and effective. To say that one will not support the student government because it is not effective and then not realise that the reason for its ineffectiveness is one's own non-support is certainly irresponsible but unfortunately widespread. It is clearly against every student's self-interest. diminished if mandatory fees were rejected. This as sau It by the Establishment reveals its weasknesses and shows how utterly alienated the Establishment is from the students. Their first claim is that without mandatory fees there would be no "free" benefits to the students (Nothing is what you'ss get with voluntary fees. subsidized by the practitioners who are willing to take a case for the Civil Liberites Union from the start and follow The principal of mandatory through, using independent fees is that the students must be judgment. coerced into providing for Attorneys in the Buffalo area benefits they don't want, "free" co-operative in our services they wouldn't willingly have been pay for, and subsidies for effort to handle the litigation load office. We will need more lazy that too are of this organizations in months to come. Partly and/or incompetent to provide for help to our inability to make due themselves. contacts with these volunteers on Thereis also another issue, that a systematic rotation basis, we placed the of the misuse of the funds. Why have unnecessarily should a student be coerced (no burden onthe shoulders of a few volunteer and affiliates, in some fees, no grades) into providing cases, have been compelled to funds for Sub-Board I to buy land discount the far-reaching in Amherst which that student of issues that certain will never see or be able to use? importance Why should a student be coerced civil liberties cases may raise, a volunteer is into providing funds for activities primarily because to which he is actively opposed? not available to handle that case. students to rest? be Without overs tressing the The answer is to set up a significance of protection and "Spectrum April 21) This is a of preservation of civil liberties in patently false assertion; the choice system for the collection fees that allows the 1971, let me simply point out voluntary is between mandatory fees and donor to specify the use of the that of late the delicate balance voluntary fees, not between funds. That way he can express between protection by the State mandatory fees and no fees. his desires in the most effective and protection from the State is Thus the Establishment has admitted its failure to respond to the desires of the students. It realizes that the students have seen through the Establishment's propaganda. The "services" graciously provided by the Establishment are not wanted by the students. They will not voluntarily pay for them, therefore they must be forced to pay for them. As a result, a powerful group of special interests is parasitically dependent upon mandatory fees coerced from the students. No Spectrum without mandatory fees? Meaning the The Student Bar Association now has new leadership. Spectrum admits that is is so poor Already manyactions have been taken to insure that student in quality that no one would voluntarily support it? No "free" interests will have an effective advocate. In two short weeks movies? Meaning that one the new Bar has worked to find new offices for itself and would willingly pay to seenothem? The Opinion which will allow them to operate more No more "free" skiing for the effectively. It has considered proposals on examination Schussmeisters? Meaning that skiing is a necessity for some reform, grading system reform, and means to strengthen the man ncr, and those who are parasites upon the student body will be served. It's just a simple matter of oppression. freedom versus Otto Matsch NCLUNEEDS ALUMNI AID not stable and that, more than ever, access to the courts on Bill of Rights questions is of paramount importance. If you have any questions regarding the purposes and function of the Chapter, give us a call. We keep fairly well up-to date files, including briefs, on Bill of Rights questions, relevant to a case you're handling, whether or To the Editor: not on behalf of CivilLiberties. Let me use this opportunity to explain to you that on a Ideally, a list of volunteer continuing basis the Buffalo attorneys could be used so as to Chapter office of the New York avoid consulting any one lawyer Civil Liberties Union needs your more than, say, twice a year. A help of co-operating volunteer consulted attorney would then, lawyers. You might say that just as in any other case he might NYCLU's most valuable tool is handle, take as much or as little litigation, but it is difficult to see legal action as is necessary to that Civil Liberties laws are protect therights of his client. enforced or that appropriate amendments to existing laws are NYCLU encouraged, without the help of committee system. The time has come for the student body to work for its own interest. This week committees will be set up and membership determined for the coming year. Everyone's help is needed. It is also important for any law student who has an idea or suggestion to speak to his represenative or attend the weekly SBA meetings. The Opinion which is the voice of the Student Bar Association, also is selecting its staff for the coming year. Much help is needed if the newspaper is to continue to meet its responsibilities to promote studentideas and interests. This is your Law School It will only be what you make it. Let's start working together today. the Volume 11, Number 8 E_tor-in-Chief Assistant Editors Business Manager OPINION April 29, 1971 Jol">R Samuelson Geor8e Riedel Michael Montgomery Malcolm L. Morris Staff: Jeff Spencer, Alan Snyder, Kathleen Spann Photography: Samuel Fried, Samuel NewmanRosalie Stoll Contributors: Robert Rodecker, Alan Minsker, Roger Stone, Sandra Kay, Paul Cardon, Mark Farrell, Ricahrd Weinberg, loseff Keefe. during The Opinion is published every other week except for vacations Umvensty the academic year. It is the student newspaper of the State of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo New York, 14202. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. , New Office for the Student Bar Association and The Opinion in lobby of Eagle Street building is examined by SBA President Paul Cardon. This space was given to the organizations after the Library, the administration, and the Law Review decided that there was no possible alternative use for the area. The area.which boasts such advantages as easy access to the hall pencil sharpener, was narrowly chosen over an location, a third floor broom closet. alternative �April 29,1971 3 SBA Presidnt' Corner Optional Take-Home Exams Proposed Brian York, a member of the Concerned Law Students, has proposed that an optional take-home examination be offered for all courses offering (or requiring) a traditional examination. With this option, he believes, the student will have the choice as to the examination conditions under which he will be minority of the student body, but this minority should be spared unfairness and possible harm to their professional and psychological well being where a reasonable alternative is available. such by Paul Cardon concerned with their rights as individuals. Thus, when confronted with the os student power, First let me thank those of you who voted for your the position of the facultyexercise is unpredicable andoften S.B.A. Officers and Directors for 1971-72. We uncontrollable. Some members, alarmed by the appreciate your votes and urge your continued prospect of student encroachment on their support and cooperation. prerogatives in the areas of research, teaching and tenure become prisoners of their own ivory towers. This past year has been characterized by Others are sympathetic to the requests and demands frustration, resentment and despair for many of student groups, and many more simply get quesy students who have challenged the legitimacy of the as they are tossed up and down in the waves of power wielded by the 'Law School Complex' and uncertainty. Moreover, many faculty members are many have become apprehensive, discouraged and easily swayed by events in a confrontation and rely apathetic. Perhaps now is a good time to examine on situation ethics and are therefore even more the problem. unpredicable. When confronted by the more radical student My feeling is that many students lay more stress proposals and demands, the faculty and on what they are against, but have little to say about administration are often unable to present any more what they are for. They often recognise the of a united than have the students. A genuine front problems but fail to provide solutions. They do not concensus is as difficult for them as it is for the seek recognition for the purpose of bargaining but students. Therefore, certain student groups can search for issues upon which to mobilize protest. always find some sympathetic, eager and vocal allies They tend to have a mixed bag of objectives and within the ranks of the faculty, and conversely these sincerely held beliefs, causing them to leap on an faculty members have their agents within the student issue and dash off in all directions. Some of the more ranks. "There is no special quality to the traditional examination which makes it a required to perform. superior evaluative method. The traditional examination is Details of the system are to be artificial and foreign to worked out by a student-faculty professional legal performance. It committee. Several suggestions in tends to measure ones ability to the proposal are that the memorize the rules and reason of take-home period be uniformly the law, then to recall them in limited in each course, that a some detail upon the stimulus of a student be allowed to sign an factual situation, and to write an exam out within a maximum organized presentation under the range of time and then be pressure of the clock. These required to return it before the abilities do not seem logically to time for completion expires, and be determinative of a person's that a minimum time be set of at professional competence. To be least two or three days for sure, those students who have completion of an exam. these abilities get an evaluation by radical students are powered by high-voltage this method which reflects their emotionalism rather than by experienced leadership Mr. York feels that the level of knowledge and and financial resources, and they eventually split proposal is sympathetic to those competence, (those who get high into powerless small factions because of students who do not wish to grades well deserve them!) ill-assimilated idealism, fuzzy goals and a compulsion spend the time required for However, there are some students tb be radical at any cost. Most of these groups will completing a take-home whose exam grades do not reflect fade away for lack of a stable organization withany examination as it would provide their knowledge simply because coherent programs or proposals to capture the for an option in each course they lack those skills (which interest and the support of the students. It troubles allowing the student to choose happen to be immaterial to a legal me to admit that the Student Bar Association also whichever type of exam best career). resembles this condition. suited him. "One argument is raised that I hasten to add, that the diverse The text of Mr. York's the exam experience is beneficial interests of all students,however, faculty and administrators proposal and explanation follow: as a preparation for (or practice can and must be conciliated for the mutual objective It is hereby proposed that an for) taking the bar exam which is of maintaining a going concern. Such diversity optional take-home examination given under the same conditions. cannot be eliminated, nor should it be, because it is be offered for all courses offering My answer to this is first that the rooted in the very nature of the differentiations (other-wise requiring) a traditional primary purpose of the course and which the academic community thrusts up as a examination the student having the exams is not that of necessary condition of maintaining itself. The the option as to the examination conditioning the students for answers lie not in abolishing or condemning such conditions under which he will be taking a bar exam (some plan differences but in finding and providing legitimate required to perform. never to take one). Secondly, any channels through which they may be conciliated. such secondary benefit of that "This proposal is being made method of evaluation would still It is my belief that the S.B.A. must step forward for the purpose of eliminating the be available. This proposal and provide some of these channels. This does not prejudice to many students which provides an alternative for those discount the effect such groups as BALSA, I believe to be inherent in the students who don't preform well Concerned Law Students, Law Women, etc., may traditional (time-pressured, under those conditions and who exert by providing channels and solutions. It is usually closed book) feel that the repeated experience important that members of all groups examinations. The proposal is is not of sufficient value to organizations support such a unified effort. and/or based on two propositions. First, overcome the lower grades and One of the most difficult areas of concern for that there are some students who possible failures. many students has been the concept of expanding are unduly prejudiced by the the community of scholars to include themselves. traditional-time limited, closed "Another negative feature of Attempts to enlist faculty and administrative book examination method of the traditional exam is that it is support for student participation in the 'Law School evaluation. The second is that this not a learning procedure in itself. Complex', have met with mixed responses. It seems evaluation mechanism has no In fact the trauma of taking it can many faculty members, althoughcherishing their special accuracy for measuring the cause a repression of the academic prerogatives and privileges, are primarily level of competence of a student knowledge gained during the attributable - , to professionally handle legal problems. 'it is my belief that the reason students fail or do poorly on exams is not always that they haven't learned the subject matter. Many times it is due to the adverse conditions of the evaluation method itself. The traditional 3-4 hour (usually closed book) examination which is the most common evaluation method (especially for required, and "bar" courses) is prejudicial to those students who cannot function well under such conditions. The harm caused is in the form of low evaluations or failures in courses requiring that method of evaluation. The harm does not end there, of course, but reappears whenever the students academic credentials are used as indicative of his competence qualification. The potential psychological harm from frustration and loss of confidence may be even more detrimental for some. It is recognized that those substantially prejudiced may be a that preparatory review. Writing a take-home exam, on the contrary, is a positive learning experience which has direct relevance to a student's competence to professionally apply this legal education. His answers will not be limited to recall of the law and he will have time to organize a cogent presentation worthy of his professional competence. "I have heard the Contention that having two measuring instruments for the same class will prejudice one of the groups. This seems to me to be empty of support. The professor could offer two completely different exams and evaluate them seperately, as if he had had two different classes. If the same exam (question) is used, a higher standard of quality and clarity can be used (possibly requiring documentation like a memorandum of law). "Having two types of examinations to evaluate should (continued on page 12) .. Student representation is designed as a technique to give the 'great silent majority' of students a 'piece of the action' on faculty and administrative terms. But student reps on all committess and organizations must have the authority and the courage to engage in meaningful dialogue and bargaining with faculty and administrators and not merely act as the messengers of their respective power bases. This especially requires student leaders who are willing to lead and who are not willing to be pushed into irresponsible positions by the most extreme members of their constituency. Student leaders must begin to think and to get their supporters to think in terms of specific and proposals rather than general statements of frustration and unhappiness. They must realize that slogans are not demands upon which meaningful bargaining can take place. Written, well-conceived proposals and demands are essential. These same student leaders must also help their supporters to distinguish between their own propaganda and those demands which provide a real basis for settlement. In some situations, a reasonable compromise must always be available, and the students must realize that a principle of right is not always directly at issue, that more frequently the programs bargaining is over the application or implementation of a corollary of some right or principle. Those persons who are the focal points of disputes, whether students, faculty or administrators, must realize that it is better to collectively bargain and have an influence over the outcome than to allow the situation to deteriorate to the point where violent protest or corresponding repressive actions are the only alternatives. The Student Bar Association woßks For you! Let's Work Together For A Better Law School JOIN AN sbA COMMITTEE Contact Paul Cardon �April 29,1971 THE OPINION 4 Rant Chant by Mike Montgomery Legal learn or crash and burn, empiricism reason study slows Cardozoknows so masochistic treason Prosser save us or enslave us, tortious snorts abound Cry alarm for where's the harm and casebook notes confound NisiPrius sorely tries us, Latin tags galore Put downs fry us glares decry us sitting near the door Running scared and unprepared, one hundred pages lost Burning brightly learning slightly, is it worth the cost Gorgonzola motorola, rose of Aberlone Do we feelwhat is real, or beaucoupbaloney Law reviews us U's will screw us, riding for a fall Gradesenmire us who will hire us, pay scale big or small. T. Anderson Preserve Our Natural Heritage Class Of 1975 10 to 1 Odds UCC confuses me and tax codes leave me reeling IRS's self-made messes murder every feeling So unsure yell au secour and how to find the light Does the issue always miss you, justice blind the right. Against Undergrads In Law School Sweepstakes Jeff by poor undergraduate completely psyched from watching "the Young Lawyers" and reading about the heroics of Nader's Raiders. If he expects to fulfill his dreams through the U.B. Law School, chances (10 to 1) are that he will be in for a Pi tyt he let down. A recent interview with the Acting Registrar, Mr. David Kochery, revealed some rather interesting facts about the class of 1974. Out of approximately 1670 applications (70% more than last year) only about 200 will be accepted into next year's freshman class. The median LSAT score will be about 630 with the lowest score about 560 and highest around 700. To have any hope for acceptance, applicants also must have at least a 2.4 average (on a 4 point scale) in their undergraduate studies. 25-30 places have been set aside by the Admissions Committee for minority group student.. However, no money probably will be available to help subsidize these students, as was the case with this years minority program. So far 79 applications have been received from minority group students. 230 Women have applied for places in the class of 1974 and indications are that about 55-57 (24%) will be accepted. Mr. Kochery indicated that this high rate of acceptance (1 of 4 women applicants accepted) was not due to any quota or special treatment, but generally higher (on the average) qualifications than male applicants, (You've come a long way baby). Next year's freshman class will also include 22 veterans who had previously been accepted but who had to delay their legal studies due to military obligations. Spencer Although no affirmative effort is being made to recruit out of state students, approximately 20% of the applications were from non-New Yorker's. Mt. Kochery pointed out that in the event that a decision had to be made between a New York State applicant and an out of state applicant of equal qualifications, the New York State student would probably be chosen. Behind this policy appears to be the fact that U.B. Law Schoolis the only law school in the State University system and is of course directly supported by New York State taxpayers. Mr. Kochery also noted that if the administrative and budget details are straightened out, the new registrar, Mr. Charles Wallin, should take officearound June 1. Mr. Wallin presently holds the position of Assistant University Financial analyst in the Budget Office of the S.U.N.Y.A.B. A Law Student Views Divorce An AnticiPitory Approach by Alan Minsker Uriah the Hittite,not to be confused in the scholarly mind with Uriah Heap, once quipped to his benefactor. King David, upon learning of the King's unsuccessful attempt to end Uriah's disastrous marriage to Bethsheba: "Had 1 only prepared for this,/ now I might rea(d) Joyce. " Of course he couldn't anyway. Joyce, unlike the New York Family Courts, was years ahead of uncouthed Uriah in thought and in perception. Joyce knew the unspeakable truths of putative maritalbliss. He knew of the uncontrolled explosion which often ensues (in N.Y. about one time in four) when the law straps together one helpless man and one woman till Death doth them part. Or in the alternative, divorce. Now the trouble with all our great love poets, as well as all men in general, is that they view marriage from the wrong prospective. They see it from the point of view of two people about to marry, possessing a reasonable expectation of life-longhappiness. I propose an alternate viewpoint. I view the subject from the standpoint of a successful suitor before a New York Family Court. I ask: with what qualities should his spouse be endowed? and: how should he have conducted hisi part in the marriage prior the pending auspicious divorce? The inquiry is most revealing. It might allow a practicing attorney to give preventive advice when his client needs it To One of Life's can be unadulterated fun since this state does not favor Common Law Marriage. But, frankly, the state policy in this regard is wishy-washy. If the two of you tiptoe off together, let's say into Pennsylvania, you may return only to find yourselves regarded as man and wife before the law of New York. So don't forget to obtain your roadmap after you leave the drugstore. 2. If you must marry, select a woman of great physical beauty. Alimony in New York is a linear function of the time required for a woman to acquire another husband after she is divorced. Empirically, a beautiful woman often outstrips her less comely sister in acquiring that all-important second husband. Marrying a beautiful woman, therefore, usually means doling out less alimony at some future time. Whatever you do, do not choose a woman with a unique beauty which only you perceive. After a brief marriage of only several months you may find yourself supporting that perception for the rest of your economic life. Appearances are deceiving. Satisfying the expensive (even if they aren't good) tastes of a Playboy Bunny may be much cheaper than anyone ever imagined in the long run. - Marry an attractively obtuse ex-call girl. You can always tell the judge she 3. never reformed, and the animalistic Family Courts will grant your divorce posthaste. contemplating when first None of the great jursts from the State of most; viz, New York has yet heard a better reason for matrimony. I offer here some simulated divorce than adultery on the part granting fictitious such a client in legal advice for a profitable dilemma. of the wife. And in the case of an ex-call I. Don't marry and don't leave New girl, the problem of proof is non-existent. York State. Living together in New York As many Family Court judgeswill chuckle Nasty Little Problems husband to do? Make no mistake about it, the law may have legendary loopholes in other areas, but in this area it is non-porous. More importantly, how do you think you will finance my reasonable 4. Upon entering marriage, purchase a large affectionate dog. Canines like legal fees and your wife's reasonable legal sacchrines and cyclamates are substitutes. fees ( as the law requires ) in the event of They are economic substitutes for children. divorce? You could try one of those cute your marriage during Should terminate the little Enoch Arden affairs, but you better life of the dog, you will not be faced with be damn careful or else the law will attack the embarrassing Kusier v, SilverS4 Cal. 2d you withits criminalsanctions. You should 603, 354 P.2d 657, problem either. If, on be earning at least $10,000 a year before the other hand, your marriage is still viable applying for a divorce. I'm afraid that in an at the time of your dog's demise, you economic culture, a man's ability to enter might rationally consider fathering a child. into and withdraw from relationships with other people is almost entirely a function 5. Be reasonable in all your demands. of his income. Sorry, but that's just the Remember you have a legal right to way it is, and the law has seen fit to reasonable access to your wife's body. Her guarantee that it will remain that way at refusal to accede to your demands least in the area of Family Law. Yes, constitutes desertion in the State of New through its DRL and through the great York. What about non-sexual demands? jurists it appoints to its Family Courts, I'm afraid that New York law recognizes New York State is determined to preserve virtually none. Just read Willan v. Willan, 1 ail the economicvalues we all hold sacred. W.L.R. 624 (C.A.), and be glad you live in But that's a thesis in itself, a Marxist thesis, New York. and exploring it further might result in my disbarment, (or might if and when I am 6. Neither a rich man, nor a poor man barred). be. Your personal wealth may provide just That will be five hundred dollars, please, the incentive your wife needs to obtain a for legal consultation fees. Thank you. divorce, given the present structure of the Now whatever you do, don't become a New York Domestic Relations Law. social agitator, and petition the New York Furthermore, a shrewd ex-wife of a Legislature for change. Based on the wealthy man is not about to remarry, and legislative reaction to abortion reform, you therby give up her hard-earned alimony. might be effective. The consequenceof this But it is far better to be rich than to be could be very harsh on those domestic poor. In New York, as in almost every state attorneys who thrive on human relations in the Union, our culture is an economy, misery. and frankly, we lawyers are proud of it. If Minsker, 1. Minsker's Greatest Love you are poor, how do you expect to Poems, p. 1103 published by A. Madge & support a family, as the law expects every A.Shunn,N.Y.,N.Y. in private chambers, judicial notice is the answer to such a touchy evidenciary problem. - �April 29,1971 THE OPINION Library Announces New Programs Law Librarian, Vaclav and innovative programs that are being undertaken by the law school which should be in full by Richard Weinberg operation by next year. A paperback collection of books is being made available to all students on an "honor" system. The paperback collection, which replace these willrun $12,000. LAW LABRARY TO BE IN TOP 10 Six years ago the University of Buffalo School of Law Library was within the bottom 25 law libraries, in size. Today the S.U.N.Y. at Buffalo School of , On a Wednesday evening I ventured into the City building to attend a showing of Small Claims Court starring Judge The elevator was inoperative so I had to make my way to the second floor via the dingy stair-well. It had the smell of an overnight cell housing the town drunks. The courtroom was a large, expansive room, reminiscent of courtrooms depicted in those 1930 grade B melodramas. hopefully will reach 3,000 by the time the new building opens, will be available in the reading section of the library to any student who The "honor" system, which is the policy the library is operating on now, generally is working well. While most of the books are returned by those using them after their use, some 5,500 or 3% of the collection was missing as of last year's inventory. Most of the loss was recorded in the Urban Affairs area. The greatest and most costly losses occured in Law Reviews where over 600 volumes were missing, and the cost to First Impressions Small Claims Court Mostecky, indicated several new wishes to "borrow" any of these books. The student will merely take the book and replace it when he has finished with it so that others may borrow it in like turn. There will be three major classifications: (1) Legal Classics, (2) Current and Timely Books of Today, and (3) General Interest which may include fiction, mysteries, and light readings. Mr. Mostecky disclosed that the cost of the program will run about $12,000, But he feels that it will broaden the basis of the library collection, and extend the concept of a law library by offering the student greater reading materials. 5 The room was getting crowded. Sitting up front to hear the action, I awaited theappearance of the judge. I had just gotten back to my seat from a fruitless journey looking for a John, when the bailiff asked all to stand for the entrance of the judge. The judge explained to the assembled audience that the litigants had the choice of trial before the court, or arbitration. It was made quite clear that the court favoredarbitration when the litigants in each case were called one at a time before the court and asked whether they preferred arbitration. If they desired arbitration, it was immediately provided. If either party requested a trial, the case was placed at the Law ranks 28th in size,and within THE STATE AND THE LAW tail end of that night's calendar with no assurance of being heard that the next five years it will be SCHOOL evening. They were informed that they couldbe called upon to appear within the top 10 law school libraries in the country. Under our S.U.N.Y. at Buffalo Schoolof another Wednesday evening to seek justice. presently crowded conditions, Law has a unique place and role There were between forty and fifty cases to be heard within the only part of the collection can be lo play in New York because it is housed in the West Eagle and the only state law school and as threehours alloted for Small ClaimsCourt that evening. The judge was forced to encourage arbitration as otherwise cases would never reach Prudential buildings, but when the such hopes to play a greater role new building is completed in than it has in the past for the the court for adjucation. This combination of heavy case loadand the February, 1973, the library with a bench and bar. With the lack of facilities made the situation very difficult for the judge. It was capacity of 300,000 volumes will Federation of Bar Associations, surprising in fact to see how well the majority of the cases were occupy six floors. At present the the law school next year will handled. collection includes 150,000 provide to any court, judge, or The Small Claims Court as it exists today has its deficiencies,and volumes, a 500% increase from lawyer any library service they 1965, and currently the library may require which will include a visit any Wednesday evening to the second floor of the City Court staff is concentrating their efforts book loans, copy service, and Building will verify that fact. Nevertheless, the Small Claims Court is to fill gaps in sets of volumes, as reference help. The law school an important element of an overall state system for the dispensation of well as keeping to date with new will play an important part also in This court, with its limited function, can be made into a court publications and books. As the the setting up of the justice. which recognizes and understands the concept of justiceand the worth school increases in faculty, computerizing of New York State of the individual. With a little imaginationand cooperation from the specialized areas of law or related Law. The Law School beside areas of social science will having terminals at the new bar this court can fulfill its true function; to provide a rough form of justice for litigants with low dollar claims. Its limited function should mandate the acquisitions in building for students' and specialized areas which will be the professors' use in "finding" the not prevent the court from following the very best traditions of the next phase of the continuing law, will act as one of the judicial system in New York state, as exemplified in the superior process of the libraries plans. monitors for the program. The courts of the state. Building depth will take $1 Eagle Street Campus willalso have Thehow and when of change for the most part is in thehands of milliondollars over current library a terminal for the computer and expenses and in 1973 the first will serve as a resource center for the bar and the legal fraternity. They have the power and part of this will be requested from the legal community in the responsibility to make the Small Claims Court a proud element in the Western New York Area. the State. total judicial system of the state. Sampling of new books now available to readers in the library's new browsing section. Government Litigation Clinic Will Expand by Roger Stone Next semester the government litigation clinic at the school will expand to include several new agencies in an effort to accomodate more students as well to provide more diversity within theprogram. New Clinic assignments will include work at the Social Security Administration (Hearing Examiner), the- U.S. Attorney General's Office, the trial division of theErie County District Attorney,and the Buffalo Municipal Housing Authority law division. In addition, there likely will be some positions available working with the Justices in Family Court as legalclerks. Currently, students are assigned at the District Attorney's Office (Appellate Division), the State Attorney General's Office, the County Attorney's Office, the Buffalo Corporation Council'soffice, and two students are working with Buffalo Common.Council Members. Professor James Manak, who conducts the government litigation clinic and legal aid clinic programs, is now finalizing plans for next falls expansion. He hopes that more students will enroll as the clinic expands. This is the initial year of operation for the government litigation clinic at this law school and has met with success. Mr. Manak has received favorable reactions from the various governmental agencies participating in the program. Students have typically found the experience rewarding and have gained an insight into the actual working of a government law office. A weekly seminar meetingprovides an opportunity for students to discuss cases and problems of mutual interest. It is hoped that with the increased availability of varied clinic assignments, more students will take advantage of the expanded program. "How I Would Amend The Domestic Relations Law" by Alan Minsker one hundred dollarsshall be charged foreach divorce in order to insure seriousintent of the parties. During the last several months, I have indulged myself in a Voltairesquepassion to chide the folly of 2. In all cases of marriages involving children, the world. In a sarcastic letter, I rasped at our adopted, the following three personable new Dean, a real Mensch, even if I do either natural or abhor his superficial philosophy regarding the right elements must be pleaded and proved before divorce will be granted: to speak. In a futile attempt to obtain a Reading Week for the Spring, 1971, Semester, I mounted a lame ass and attacked the Prudential Building with (1) the complaining party is suffering harm little more than a pen for a lance. In another essay, (2) the children are suffering harm which should also appear in this edition of the (3) the cause of the harms suffered by the Opinion, I characterized the New York Family spouse and by the children is the marriage. intended to Courts as "animalistic." I had originally make this article so powerful and caustic that it 3. Alimony shall not exceed fifteen thousand would grasp you by the throat,and kick you in the groin area. But no more of this. Instead, I offer you dollarsper year. something poignantly constructive. I, Alan Minsker, misogynist, misanthrop, misomater, misopater, 4. The maximum length of time for which misopan, PanAmist, and punster, put forward four proposals for amending (improving) the New York alimony shallbe granted is three years. Domestic Relations Law. I journey now to England to study our Common or divorce,shall be Law traditions at first hand, and I shall not return granted automatically upon the mutual consent of till fall. Read again my proposals. husbandand wife in any marriage in which there are All the rest is silence. no children, natural or adopted. A nominal fee of 1. Dissolution of marriage, - �April 29,1971 THE OPINION 6 SURVIVALVQHSUTEAO. by Robert R. Rodecker World today is faced with a new problem: Survival* All the wars of time, the ravages of nature and the most devastating epidemics will pale into insignificance in light of the destruction that mankind is in the process of creating. The destruction is not always intentional, but is the result of generations of ingrained ideas, values and habits. The victim of this destruction is not one country, one race, one species of plant, or animal, nor one person. The victim is the planet Earth. Every country, every race, every species of plant and animal, and every person is involved. They are involved not necessarily because they want to be, but because they have to be. Simply stated, it is a matter of life and death. The destruction that man is creating is environmental The pollution. One may look around and notice the obvious signs of air or water pollution and recall times past when the air was clear and one was able to swim and fish in the ponds, rivers and lakes of our country. Today the air is clogged with carbon monoxide, sulphur dioxide and particulates, and the waters are murky and odoriforous. What caused these changes? What unthinking person would wreak such havoc and for what reasons? The answer lies in the question. These changes, and the rest of the changes that are destroying the ecology of the Earth, are the product of every person in the history of man who has gone through life and thought of his own aggrandizement and given no consideration to the effect it would have on others. The one product of man that has done the most to destroy life, is man himself. According to one noted ecologist, Paul Ehrlich, the population of the world will double within the next 35 years. "So what." some may say, "there is plenty of food and lots ofopen spaces to handle the increase." Well, 5,000,000 people each year would tell those persons that there was not enough food, if they hadn't starved to death. And the headlines in newspapers that report of riots, epidemics and wars would indicate that the last open spaces are almost gone. Because of the population we have today, the fresh water and clean air are quickly vanishing. The fossil-fuels, food and natural resources required to support the first (but most important) step to curb environmentalpollution. It is not surprising that people tend to look to technology for the answer, but it is discouraging. Ingrained in most Americans is the belief that industrialization and a growing economy are imperatives for a better life, even though these are the two main factors that have contributed the most to deplete and contaminate our natural resources. It is much easier for the individual to consider the problems of the environment and disregard his role in its destruction, by relying on the technical geniuses to come up with the solutions, leaving him to continue his role as a Hedonist. This is a trap. It is the one thing most likely to toll the bell of disaster man's willingness to the ignore responsibility of life by relying on others to protect his own best interests. How can this be changed? "We want the maximum good per person; but whatis good? To one person it is wilderness, to another it is ski lodges for thousands, to one it is estuaries to nourish ducks for hunters to shoot; to anotherit is factory land. Comparing one good to another is, we usually say, impossible because goods are incommensurable. Incommensurables can not be compared."3 But all that is required is a judgment criterion and a system of weighing. In nature the criterion is survival; and so it must be with humans. In the increased proximity of one's neighbors, each property owner had to consider the harmful effects his actions might cause others; because of industrialization, huge cities grew around factories and set the pattern for the development of the country. As Garrett Hardin explained: "using the commons (in our case the whole environment) as a cesspool does not harm the general public under frontier conditions because there is no public; the same behavior in 5 a metropolis is unbearable." For generations we have continued to pursue the same course as our forbearers, with few exceptions. The person who owns property situated on a stream or river feels no remorse in polluting the water on his property; once his waste is discarded it becomes someone else's problem. This has not only been true of individual property owners, but also of industry and municipalities. The owner of a factory located on a stream, has traditionally felt a natural right to deposit his waste in the flowing water, completely ignoring its effect on downstream owners. This type of rationale continues until conditions become so unbearable to lower riparian owners, that pressure is brought to restrict the actions of the polluter. Therefore, it is apparent that, traditionally, no action is taken until the damage has occurred. In terms of water pollution, this simply means that without restriction until the rights of others are infringed upon, was more than adequate in a growing country where individual initiative was the key to success. However, country in a complex, developed this type of thinking is, to say the least, dangerous. By waiting until actual harm can be proved, we are permitting those who cause the harm to continue their actions until such time as damage has already occurred. What type of protection is offered to the victim? The victim is everyone in the world, and to wait until millions die before restricting the actions of the wrong-doer would be absurd. But that is what has traditionally happened. However, merely because the legal system always acted in this way does not justify its continuing to act this way in the future. Thus, the legal system, is faced with the problem of balancing social and economic interests in order to stave off the potential destruction has Robert Rodeckeris a second year student at SUNY at Buffalo School of Law. During the summer of 1970 he was a teaching in Ecology the assistant department and is presently a of our environment. economist has for As one noted research assistant Professor recognized the interrelationship of Robert I. Reis at the Law School. society and economy: as the American economic system continues its headlong development, each of us must recognize we are all in it. This realization ought to be in two brackets. The system does things to all of us. Equally, all of us do things to it. We are both benefactors and beneficieries, oppressors and only 1 present population are not the leaders in our greatest corporations there is no denial that the pollution problem is very infinite. This is a finite planet "Even amongonly problem they see is that of economics. According to them they cannot afford to devote The which is fast reaching its limit, serious. the time and technology to discover the most reliable pollution control devices. However, the Earth cannot and a finite planet can support afford let them perpetuate their delaying tactics." to only a finite population; thus, population growth must many instances one good has been as population became denser, and victims, masters of it and eventually equal zero.2 compared to another, but increased waste was dumped into constrained by it. 8 Most people would say that normally for social or economic the waters, the natural chemical processes Much has been written concerning there is undoubtedly an untapped reasons. To protect our and biological recycling 6 technical solution to the problem. environment then, the good which became overloaded. When the the feedback that the community But a technical solution is not the is most apparently favorable to natural processes of a water gives to industry, shaping its role the signs as supplier of the consumer's i-nswer. This faith in technology is the survival of the environment is course are overtaxed, demands.But it has also been held only avoiding the issue and the one which must be accepted. become noticeable, thus raising The United States, like most the ire of those affected. The that society merely buys and uses shunning reality. Technology got is then what industry makes availableand men to the moon and back, but countries in the world, was once a anger of these people the effort that that required primitive, unconquered wilderness directed at the government to thus is not really indicating any would only be a start in solving with plentiful land and resources; take effective measures to ensure recognition, on the part of the problem of environmental today this is not the case. Actions the protection of their own industry, of the community's real needs. It is the maxim that pollution. The output that would which would have gone unnoticed interests. Thus, "what has ultimately formalized into present "economic organization, in be required will only be induced and been harmless, now are either ownership is private of of concepts restricted or outlawed because American doctrine, exists to serve impending imminence of by the disaster, and by that time it will their harmful effects. When our the product of centuries of life, not to determine it," that an expanding the necessities of constantly evolution, was must be If this can be proved. country be too late. The problem must first be faced by the individual. its frontiers, it seemed impossible expanding country, and the shown to be true, then there is the of its state by hope end the that acceptance to the legal system, as Each person must realize that his that there could be any and political protector of society's interests, potential for destroying the limits of resources, but with the fundamental social 7 system of responsibilities." This can bring about an effective environment lies in his ability to growth of population and the procreate. As difficult as this onslaught of industrialization response, based on the rights of an change in the economic system we realization will be, it is only the many changes occured. Because of individual to use his property are now locked into. But this is and not a reality, for the legal system is a system designed to minimize change and protect the status quo.. We are dealing here with a problem that is so fraught with danger that failure to act will result in disaster, and failure to act in a clear and decisive way may also result in disaster. Our system provides for limited change, but can the environment bear the test of time involved? Hopefully we will not have to wait until it is too only a hope, late. But, what is needed to bring about the changes that are required to deal effectively with the problem? That which is required is a total reappraisal of patterned thoughts and values. To accomplish this change, it is contention that the legal system must realize its my responsibility to the welfare of the people by shifting the balance interests from the favor of the industrialists to that of society as a whole. Since World War II our economy has expanded with little or no restriction by the government. But that is understandable since it has been the professed policy of our government to let the economy grow and secure employment for all who are capable of working. It is this ever-increasing growth of industry which has contributed the most marked changes in our environment. And it is this idea of unlimited growth which must be changed in order to ensure us of of future at all, regardless of whether it is the most comfortable or leisurely. The present economic system has matured and progressed by building larger and more expensive cars, more and more household appliances, and innumerable varieties of throw-away and non-returnable items in our interest and at the expense of our future. The American public is presently locked into a frightful dilemma, whereby industry has been able to push its wares off on the unwary consumer. If a "public consensus" really does exist in some areas, it has, so far, not shown its face in the fight to control environmental pollution. It is up to the legal system to take the lead in informing the public, through determined enforcement of strong legislation aimed at these individual polluters. any �April 29,1971 THE OPINION According to Mr. Berle: however powerless any individual may be to deal with economic organization on the economic plane, he does have, in the American democracy, a solid and respected power in the political field. If enough individuals consider that they are aggrieved, they can energize a political intervention.9 Through years of action by aggrieved members of minority groups, some legislation on civil rights has been passed, but implementation has proven even more difficult than gianing recognition. However, the environmental problem does not face the same inborn prejudices that minority rights possess. The ideas and values that need error for the Appellate Division to reverse the injunction granted by the trial court, because of the great loss likely to be inflicted on the defendant by the injunction as compared with the small injury caused to the plaintiff's land by that portion of the pollution which was regarded as attributable to the defendant. Such a balancing of injuries can not be justified by the circumstances of the case. Although the defendant stood to lose more, economically, than the plaintiff, the decision was based one group, but are ingrained in on purely equitable principles. As every person in thiscountry. Even stated in the court's opinion: among the leaders in our greatest "denying the injunction puts the corporations there is no denial hardship on the party in whose that the pollution problem is very favor the legal right exists instead serious. The only problem they delaying tactics. In order for our legal system to' act responsibly in relation to environmental problems, there must be a complete reappraisal of its present standards and methods. Traditionally the taw has acted according to decisions were laid precedential that in some instances down several hundred Although in many years ago. of on the wrong-doer." (Pomeroy's Eg. Jun's vol. 5, s. 530) The Boomer decision, however, indicates the change in values that has taken place within the legal system. Instead situation this is still adequate to with some of today's cope problems, it is totally inadequate in dealing with the problem of environmental pollution. More precisely: "analysis of yesterday's opinions without extensive consideration of those opinions in light of today's factual needs represents the thoughts of yesterday and not the thoughts for tomorrow." 10 Therefore, inorder to balance the interests of society and economy, with the criterion being survival, the legal system need only look into the of adhering to the rule set down by Whalen, the court stated: Role of the Legal System a day when there is a concern for clean air, highly developed industry should not expect acquiescence by the courts, but should, instead, plan its operations to eliminate contamination ofour air and damage to its neighbors. 12 In growing it is changing are not confined to any see is that of economics. According to them they can not afford to devote the time and technology to discover the most reliable pollution control devices. However, the Earth can not afford to let them perpetuate their 7 In that case, the plaintiff, a small fanner, brought an action to restrain the defendant from continuing to pollute the stream which flowed through both properties. It was held that: in this case The defendant's immense investment in the Hudson River Valley, its contribution to the Capital District's economy and its immediate help to the education of children in the Town of Coeymans . through the payment of substantial sums in school and property taxes led to the conclusion that an injunction should not issue. .. To base a decision which involves the health and lives of many people on purely economic principles is, to say the least, absurd; and yet this was the fundamental reason expressed for deciding against the injunction. The court in Boomer was offered a number of possible sanctions to impose on the Atlantic Cement Co. One of these choices would have been the As convincing as this opinion may it was obviously not strong enough to sway the other members of the bench. How people can continue to weigh their lives against the benefits be, derived company comprehend. continue, and in their wake will follow the increased destruction of our environment. The industries, by themselves, will do no more than accept the best present methods of controlling their waste. It is up to the courts to stop taking accepted standard' as controlling and force the industries to continuously improve and eventually prevent all types of pollution. As long as industry is granted their way, the harms that are produced will not "We are dealing here with a problem that is so fraught with danger that decrease through "the most failure to act will result in disaster,and failure to act in a decisive way modern control devices available," may also result in disaster." but will, instead,increase because of the belief that technology will whereby the plaintiffs would be should be noted: find the answers to the problems able to continually bring actions against the defendant, until such I would enjoin the defendant of the environment. Although company time as the defendant was able to most industries are devoting some from cement bring his pollution under control. continuing the discharge of time and money to these devices, The court, however, in order to dust particles upon its it follows the old adage of "too prevent a multiplicity of suits, neighbors' properties unless, little, too late." The longer this granted an injunction subject to within 18 months, the cement type of reasoning continues, the company abated this nuisance. less likely the survival of our be vacated upon payment of permanent damages to the It is not my intention to environment becomes. plaintiff. The theory of damages cause the removal of the being the "servitude on land" of cement plant from the Albany plaintiffs imposed by defendant's area, but to recognize the Alternatives nuisance. As espressed by the lone dissenting judge in the Boomer decision: the injunction to become inoperative upon the payment of permanent damages, the majority is, in effect, licensing a continuing wrong. It is the same as saying to the cement company, you may continue to do harm to In permitting urgency of the problem stemming from this stationary source of air pollution, and to allow the company a specified period of time to develop a means to alleviate this nuisance. I am aware that the trial court found that the most modern dust control devices available have been installed in defendant's Dlant. but. I future and determine whether activities would be disirable to the survival of the Earth rather than looking to the past and decide whether such activities were at any time in the past undesirable, or would be undesirable in light of today's standards. The Scales of Justice New York, (Boomer v. Atlantic Cement Co. 26 N.Y. 2d 219 (1970), overturned a standard been that had for fifty-seven typical of our present operative years. It is va lues and beliefs, in 1907, McCarty v. Natural Carbonic Gas Co. held that: the ancient maxim of (sic utere tuo ut alienum non laedus) is the foundation of the well established rule that no one may make an unreasonable use of his own premises to the material injury of his neighbor's premises, and if he does the tatter has a right of action even if he is not driven from his dwelling,provided the enjoyment of life and property is materially lessened. McCarty was followed by Whalen v. Union Bag and Paper Co. 208 N.Y. 1 (1913) which established the rule that lasted until last year. the legalsystem is designed to minimize change and protect the status quo." imposition of a permanent injunction which would have the of closing down the plant's operation. This was obviously not to the liking of the court, but would have been directly in line with the rule laid down by Whalen. The court recognized this; but held that: "by denying an injunction the result is a departure from a rule that has effect your neighbors so long as you pay a fee for it. Furthermore, such permanent damages once are assissed and paid, the incentive toalleviate the wrong would be eliminated, thereby continuing air pollution of an area without abatement. rule Judge Jasen's appraisal of the problem seems to be much more atuned to the danger of permitting continuing wrongs to possibility would have been the penalty other than the imposition of a single pecuniary settlement. settled; but to follow the literally in these cases would be to close down the plant at QXAce."(Boomer at 25) Another been imposition of temporary damages, is difficult to Until the courts begin to realize the importance of the problem, these decisions will certain A recent case in from the continued production of cement, and come out in favor of the cement go on His uncontrolled, suggestion and with no reasoning submit, this does not mean that better and more effective dust control devices could not be developed within the time allowed to abate the pollution. Moveover, I believe it is incumbent upon the defendant to develop such devices, since the cement company, at the time the plant commenced production (1962), was well aware of the plaintiffs' presence in the area, as well as the probable consequences of its contemplated operation. Yet it still chose to build and operate the plant at this site. What has been presented as an almost simple answer to the problems of environmental pollution is, of course, much more involved than simply deciding that whatever is harmful to our environment must be eliminated. However, until the urgency of the problem is realized, little or nothing will be accomplished by ignoring the obvious signs of pollution. In order for any positive change in our present concepts to be accepted, viable and effective alternatives must be presented. As evidenced by the Boomer decision, even then the likelihood of change is not very high. The courts can not attack the problem alone; it must be an all-out realization in all segments of our government. Positive and effective legislation must be forthcoming, based on land, air and water quality preservation. This is going to come into conflict with one of this country's most cherished traditions, private ownership of property, and may prevent the acceptance of any meaningful action on a country-wide basis. The only hope of success in restricting private property, is an overall awareness of the urgency and necessity of this drastic measure. The present methods of restricting the use of private property are basically: nuisance law, as evidenced by the Boomer case Supra., the use of eminent domain, and the use of the police power through such measures as zoning ordinances and building regulations. The nuisance laws were adequately summarized in the McCarty decision. The other two methods are the two underlying principles of land-use control, and will, most likely, prove to be the most significant tools of government in controlling B.<VIIIIHM>I111 ..IIUUUUie (continued on page 8) �8 THE OPINION encroach on a zoned Flood plain, when such action is considered in a survival context. In Section 1of the Standard Zoning Enabling NT Act, of 1926, the first sentence that as applied to them, the indicates that: "For the purpose unique poses and of promoting health, safety, a ordinance special hardship, so as to amount morals, or the general welfare of property, the community, the legislative to a taking of the without just compensation. To body of cities and incorporated avoid paying for the property, the villages is hereby empowered to administrative body will typically regulate and restrict... the 14 grant that individual a variance location and use of buildings." and permit the land owner to use And yet, when a zoning ordinance useswithin his land in a manner incompatible was enacted torestrict use with the intent of the ordinance. a Flood plain, an individual's Also, it has been very difficult in of private property was more harmful important than the the past to eliminate nonconforming uses that existed effects that such a use could prior to the enactment of the generate within that area. Had the zoning ordinance; therefore, prior court in Dooley fully understood nonconforming uses are normally the urgency of the problem and Survival environmental pollution. The main distinction between these two governmental powers is compensation. The power of emin.nt domain is an inherent attribute of sovereignty, and through constitutional limitations the government is required to pay "just compensation" for any land taken. The police power, however, does not require compensation for the diminished value of the land that is regulated. Unlike the State, the municipalities have no inherent power of eminent domain, therefore, the power to condemn private property for it is apparent that, traditionally, no co '_ action is taken until the damage has occurred." must result exempt from the restriction of the from an express statutory ordinance. There have been exceptions, whereby a prior authority from the State. To justify the infringement of nonconforming use has been given and degree of restriction upon an a specified length of time to individual's private property conform to the ordinance, (e.g. under land use controls, the Harbison v. City of Buffalo, 4 acceptance by the community, N.Y. 2d. 553, 152 N.E. 2d 42, depends upon the reasons for and 1958), but this is not the rule the necessity of such measures. today. In addition to the variance Traditionally, this acceptance has and prior nonconforming uses, been generated by a balancing of zoning also can be modified by the benefit to be received by the rezoning, special permits and community as a whole, against the exceptions, and floating zones. All loss to the individual whose of which are provisions for the property is being restricted or orderly and reasonable application taken. In a survival context, the of the restrictions imposed by a justification of land use controls regulatory measure. However, if would appear very simple, i.e. the zoning, as one method of the benefit to the community police power, were used within a (survival) would be infinitely survival framework, these more important than the modifications could limit the economic loss to the individual. effectiveness of the measure to a The test must be, are certain point where only new uses would activities and use compatible be regulated, and those that had within a survival framework? already existed and were creating Instead of relying on traditional the harms prior to the enactment b a 1an ci ng of interests, it is of the regulation, would continue imperative that the criterion of to carry on their activities as survival be used in order to before. This would be anathema achieve a "better ordered land to a workable program to control environmentalpollution. use". In the case of zoning, it is not Although both governmental powers; eminent domain and the difficult to show that the courts police power, should prove have consistently followed the effective in the control of same type of reasoning as was environmental pollution, it is evidenced in theBoomer case. In obvious that one problem Dooley v. Town Plan Zoning immediately arises with the use of Comm'n, (151 Conn. 304, 197 A. eminent domain. That, of course, 2d. 770, 1964), the Town of is money. The governmental Fairfield enacted a flood plain acquisition of private property zoning district restricting the use through eminent domain is a very of land within the district to parks costly enterprise, and to apply and recreational facilities, this method singularly, for governmental wildlife sanctuaries, pollution control, would be farming, and accessory motor impossible. For this reason, the vehicle parking. The court held police power may have a decided1 that this was unconstitutional in advantage for the purpose that the use of the plaintiff's land suggested here. One of zonings had, for all practical purposes, chief attributes is its flexibility. been rendered impossible. Again, While this may be a definite the balancing of public and advantage in customary zoning private interests resulted in favor practices, it could be very harmful of the one who had the greatest in regulating land-use for economic loss, and not in favor of pollution control. For example: the public health and wlefare. It zoning ordinances normally seems almost incredible that a in provide for the granting of decision could be returned to variances for those who can show favor of someone wishing governmental use - considered the possible harms attendant upon building in a Flood plain, the balancing of interests would necessarily have to swing over to the public health, safety and welfare. Instead, the court, in protecting an individual's economic loss, threatened the ecological balance. of a water course, the full effects of which may just be beginning to appear. I n order for any decisive change in existing regulations to become effective, the numerous harms, both social and ecological, must be enumerated and presented within a survival framework. Whereas the instance of just one person building within a Flood plain may not seem April 29,1971 tenure which once existed at common law in the Feudal system. 16 immediately or eventually harmful, the possibility of destroying a vital ecological area is very high. The interrelationship of all forms of plant and animal life, will only be allayed and the effect these have on These fears human necessities, must be taken upon the realization of the of governmental In to necessity order into consideration. intervention, and the realization regulate land use for open land or purposes, "normal processes of the that air and water quality the objectives which underlie such life" will not be interfered with, but will be enhanced. regulation must be clearly and precisely stated. Thus, the uses which would be harmful within Conclusion be very such a framework would relating easily distinguished by How likely is it that any of them to their possible harms, with in ideas, valuesand survival being the standard. With these changes will ever come about? beliefs these objectives and the criterion established, any legislation or Some say that they will never be others contend that exercise of governmental powers realized, the could respond to the goals people are changing andofthat the established and not to the future will be taken care by To technical solutions. this writer problem which already exists. that these Section 3 of the Standard it does not seem likely Zoning Enabling Act, requires changes will come in time. Only a or a disaster common great shall be that "such regulations bring about the made in accordance with a struggle will urgency needed awareness of the ." comprehensive plan Therefore, any regulation of land of needed action. The vested realize their use within a survival context, (e.g. interests which must water quality) would have to part in the struggle are not only indicate the desired objectives for the industrialists, legislators and the area being regulated, and jurists, but especially the common man is would also have to indicate man. The common restricted uses and possible harms everyone, and everyone must bear caused by such uses. Only those the strain of change. Man is a To ask industries and private owners who selfish creature by nature. washing conform to the specified water him to give up his car, quality standards would be machine and right of private permitted to use the land to their property, in order to protect his benefit. Thus, prior fellow man and his whole nonconforming uses would either environment, will most certainly have to conform to the standards; meet with no great approval. But through recycling, renovation or that is what must be done. There other methods, or they would be was a time when a man could do forced to leave their land. as he wished, within limits, and Variances would not be permitted concern himself only with the unless it could be shown that the betterment of himself and his use proposed by the applicant is family. Today, the world is proved to have no deleterious smaller. It has not changed in size, effects on water quality or any but by virtue of communication, ecological system. As indicated by transportation and exploding Mr. Reis in his paper on Open population, the earth has shrunk Space Preservation, there are three to the point where man can no major fears which result from longer disregard the effects of his increased use of eminent domain actions upon others. Perhaps the one action which we, as or the police power, they are: 1) The fear of continued Americans, must be most careful reduction of valuable land of is inaction. Because of our prosperity, resources and within the private sector. 2) The fear of never-ending technology, we have the growth of governmental capability of doing the most to interference with the stem the tide of environmental normal processes of life and, destruction, but it is our 3)The fear that the complacency and self satisfaction government will become the which may prevent us from major holder of land, exercising our capabilities to re-establishing the system of achieve this goal. By the time our country fully realizes its responsibility to the world, it is likely that those resources will be reserved, out of necessity, to the protection of this country alone. . FOOT NOTES 1. P. EHRILCH, The Population Bomb. 2. HARDIN, The Tragedy of the Commons, in THE ENVIRONMENTAL HANDBOOK (1970). 3. Id. at 34. 4. Id. 5. Id. at 40. 6. Id. at 39. 7. Reis, Legal Framework For Open Space Preservation in Expanding Urban Areas, Bulletin 567 Northeast Regional Resource Economics Committee 8,14 (1968). 8. A , Berle, Power Property 24 (1959). Without 9. Id. at 91. 10. Reis, supra note 7 at 10. 11. Boomer v. Atlantic Cement Co. supra at 230. 12. Id. at 231, 232. 13. Reis, supra note 7 at 28. 14. U.S. Department of "Ingrained in most Americansis the beliefthat industrialization and a Commerce, A STANDARD growing economy are imperatives for a better life, even though these STATE ZONING ENABLING are the two main factorsthat have contributed the most to deplete and ACT, (1926). contaminate our natural resources." 15.1d. 16. Reis, supra note 7. �April 29,1971 THE OPINION 9 Phi Alpha Delta Women Students Attend National Conference Four first year students from SUNYAB School of Law attended the National Conference of Law Women held at the University of Chicago Law - 10. Getting a Job After Law School job placement, job discrimination, forcing law schools to act. School on April 2-4. The students, Yvonne Lewis Relationship of Law Women to 11 .Sisterhood: Rachael Mueller,Barbara Clinton and Sally Men'dola Women's Liberation Movement Coordinator met with approximately 150 women law students Joreen. 12. Poor Women, The and attorneys from across the country to discuss and The Women's Law, topics ranging from the problems of women lawyers Movement coordinator Ginger Mack, Chicago to the general legal problems of women in our society. 13. Survival in Law School. The following is a preliminary report of the 14. Legislative Reform conference by the students: "Saturday night, Mickey Lena (Chicago) spoke "Friday night's program consisted of a panel discussion with questions and answers. The panel by request on the Angela Davis case. Sunday consisted of practicing women attorneys morning, regional meetings were held. Sunday representing the diverse fields of Public Defender afternoon, we considered resolutions at a plenary (Carolyn Jaffee), small firm (Helen Jones), Legal Aid session. (Jane Stevens), sole practice (Renee Hanover), "A resolution naming Angela Davis and other State's Attorney (Lucia Thomas), and the Law women political prisoners was defeated in preference for one which urged the freedom of women Commune (Susan Jordan). "Saturday Afternoon, Florence Kennedy and prisoners in general. A discussion of Ralph Nader's proposal for a women's law firm focused around the Diane Schulder (Abortion Rap)spoke. "The remainder of Saturday was devoted to sexist aspect. Some discussion ensued on the class-«litism angle i.e. Nader's proposal to recruit at workshops. NYU, Harvard and Yale for women to establish a The Topics were: 1. Radicals as Lawyers coordinator: Renee Washington-based women's law firm to research projects to be designated by Hanover Nader. The women Legal 2. Workers dealing with the question of from the above-named schools seemed to have legal jobs for those who never went to law school, focused on the sexist angle. They were reminded that there are law schools in the rest of the professionalism, elitism,role of legal secretaries. country 3. HEW Regulation Enforcement dealing with too. Some people felt that elitism was just as important as sexism. discrimination. "Another major issue which surfaced at the 4. Title VII Enforcement dealing with discrimination. conference was the relation of black women to women's liberation. This was raised by several black 5. Should a Woman go to Law School? recruiting women, students, professors, part- time women from Texas Southern Law School. They felt the conference as a whole was irrelevant to their study. 6. Women and the Law: A Law School credit needs. Apparently, the Chicago women who planned course discussion of the Yale course with Ann the conference did not expect any black women to attend since the black women at the U. of Chicago Friedman. were not supporting the conference. A resolution 7. Protective Legislation. was offered at the plenary session dealing with this 8. Abortion 9. Women Up Against the Criminal Justice question. "Several new women's publications were System women in prison (30-35% for prostitution at Women's House of Detention accoiding to Vera announced. One important one is the 'Women's (continued on page 10) Institute study) : - - The Carlos Alden Chapter of These gentlemen will be Phi Alpha Delta, at its meeting on installed at the closing affair of Friday, April 23, 1971 elected its the fraternity on Firday night Executive Board for the 1971-72 April 30, 1971 at the Park Lane academic year. The newly-elected Restaurant. Board members are: The fraternity will induct its new members on Friday Justice MarkFarrell afternoon April 30th in Part IV of Vice Justice William Lobbins County Court. At that time Judge Joseph Mattina will be inducted as Secretary Timothy Kane Treasurer Richard Weinstein an honorary member of the Chapter. Marshall Richard Clark - -- - - - New Officers Elected - - - - - New P.A.D. officers (1 tor) Richard Weinstein, Treasurer, Mark Farrell, Justice, and Bill Lobbins, Vice Justice. Notes Frown Elsewhere by Mike Montgomery will save American lives. He even accused Tricky Dick of attempting to out-escalate Johnson an attempt which, as the prominent anti-war ex-legislator might note, would Professional Police Education merit a place in any man's book of records if successful. Like an Argonaut of old, he pointed out that RMN is Most social scientists and many students of the law steering his ship of state in a reptilian and dangerous enforcement problems in urban areas point to the strategic course twixt the Scylla of Chinese intervention and the use of higher education as a means of changing the police Charybdis of Russian involvement. Goodell has already for the better. Dream on, says Jackwell Sussman,Research conceded Laos and Cambodia to the North Vietnamese Coordinator of the Institute for Studieson Law and Social all caused by Nixon's own interventionalism. The gist of his message was this permanent Behavior. Such efforts, he claims, are irrelevant because they are based upon false assumptions and offer no reward reliance on U.S. military power is dangerous and not to the police. Intrinsis to Mr. Sussman's argument is the effective. Theimmediate answer: get out. theory that higher education has itself been oversold through hubris and to garner financial support. In any The Gavel New England Schoolof Law, Boston, Mass. event, he claims the goals of increased efficiency and responsiveness to the local community are mutually Police Education Again exclusive. True to the radical analysis, Sussman alledges In contradistinction to Sussman of American U., one that the policemen's need to dominate and control may be realized without restraint because the people they interact may note that NESL is attempting to do what Sussman with the most are the poor, the young, and theBlack all considers impossible, namely to teach the cops. This Boston Law School claims to be the first to start a with no power or standing in the community. program under the Department of Justice and Omnibus As for the University as a means ofeducating cops, it Crime Control Act of 1968 in the education of law is also alledged that there is no core of knowledge or is seen as an theories or policy usable as a basis for professionalizing the enforcement officials. The program combat force. Thus, professional education of police is not implementation of Nixon's crimeofprogram to behavior criminal lawlessness, to stop the tide possible. Matrix Washington College of Law, - American University - - - From a teleological viewpoint, Sussman suggests a overshadowing the civilised life of Middle America. redefinition of the role of the police in society and a University of Michigann greater specialization, with the need for reward structure Law Quandrangle Notes in each specialty as encouragement. "Whirr, click, whirr, from a 'lectric blob, IBM says you've Goodell is Still Around Former Senator Charles Goodell is still marching for peace under his dove, although said bird has lost a few feathers since Jim Buckley lit a torch under it and Spiro drowned it in ouzo. In a special article for their paper, Goodell likened the war in Viet Nam to a Loathesome Disease which fades only to break out again with greater virulence. The former Senator's first target was air escalation over the North. He pointed to the bombing threats from Milhous and Laird's comment that lack of progress in Paris is adequate cause for renewed bombings as our indication of this possibility. With such escalation as a given, the scapegoat Republican decriedNixon's claim that hismoves lost your job." Computers in the law? Prosser save us from such a mechanistic fate. My old friend Rhadamanthus yon Berolfingen, Professor of Defenestration at Prague (Presently on Sabbatical in Yakutsk, Siberia) would never lend his consideration to such a pact with the Devil. After all, it might be efficient. God help the legal profession at such an unhappy eventuality. Such feeble attempts at humor aside, a U.M. prof is involved in the experimental programming of computers for the solution of legal problems. Professor Arthur Miller, the man behind the whirling tape storage desks, observed that the legal profession is, like many others, a victim of theinformation explosion. Thus taw officers and schools are losing their capability to store such stuff, cull through it, and particularly remember it with any degree ofaccuracy. How are you going to explain to the alumni that IBM 360 was just made editor of the Law Review? The Barrister an University of Miami, Florida Interested in taking a dive without having to become a professional wrestler? Well, if you don't want to tackle Kurt yon Hess or Ernie Ladd in the Aud., script in hand, you might try for an LLM in Ocean Law, offered by Miami in conjunction with the Rosenthal School of Atmospheric and Marine Science. Ocean Law is described as "public order of the ocean environment." It includes courses in ripuarian rights, international law, admiralty law, and interdisciplinary courses in fishery management, marine geology, and oceanography. I can see myself now in conference with Charley the Tuna suing Star Kist for intentional infliction of severe - emotional distress. Where else but at Miami would the cover of the law school paper consist of a full color picture of a pelican winging over blue waves frosted delicately with a lacing of white spray. Not a bad image to rest one's mind in contemplation thereof, come to think of it. Obiter Dicta Osgoode Hall, Toronto Radical Apathy in the North Some acquaintances of mine at Osgoode (bless their bi-cultural souls) have come up with a number of novel ideas about legal studies. Masquerading under the name of Gamble Benedict Jr. (remember her?) they suggested that the curriculum be expanded to include weekly rap sessions with the Dean as a credit course being about as well-attended as most of those currently inflicted upon the student body. Finest thought of all was the proposal that exams not be marked by members of the legal profession, since suchindividauls would not acquiesce to the "... airy-fairy bullshit that some of the super cool and ultra-liberal professors dish out as law." Suggested seminar topics were "Test Tube Babies and theLaw," and "Nucleated Families as a Viable Institution Today." - �April 29,1971 THE OPINION 10 Balsa Attacks Bar Exam the careers in A re-examination of shopworn and poverty law are put at a disadvantage by the current bar exams. It is the racial discrimination admitted to the bars of the various states is long inherent in the bar exams, however, that is overdue. Although these processes appear fair and particularly invidious despite the protestations of objective on their face, they in fact operate to assure almost every segment of the legal fraternity that the membership of the bar will remain concerning their commitment to increasing the predominately white. Most members of bar number of black lawyers, the remains that the association boards of examiners are white, and some structures of the profession still make any such from backgrounds and types of practice that do not increase impossible, and no significant effort to remotely resemble the kind of practice that black reform those structures has yet been forthcoming. lawyers are usually engaged in. As a consequence, The law schools themselves are greatly at fault, of the bar exam is aimed at specialized areas of course, but the bar exams, too, bear a considerable knowledge in which lawyers who intend to practice share of the blame. It is imperative that tests for the in the expanding areas of poverty and consumer law admission of black lawyers be reconstituted and have little interest and in which they may have, made relevant to the kind of practice that they are in quite understandably, little expertise. It therefore fact going to be engaged in. Black applicants for the works to the benefit of lawyers whose practice is bar, in other words, should be tested on their going to be altogether traditional, and to the knowledge and expertise in the areas of law in which detriment of those whose practices may be more they intend to put their talents to use. As presently experimental and innovative. The effects of constituted, however, bar exams are wedded to the thisextend beyond racial considerations, of course, traditional indices of legal competence, and in since white lawyers as well as blacks who aim at measuring legal skills only in terms of those indices, they are indisputably racist. Graduation Plans discriminatory processes by which attorneys are WOMEN STUDENTS ... . (continued from page 9)I "Verbal ammunition from practicing women Rights Law Reporter' (180 University Aye., Newark, New Jersey, 07102). This is to be a clearing house attorneys: ." name's not baby, it's counselor in "My women's law. The first for relevant developments issue appeared in January 1971 (SI at above ((Susan Jordan) money is by where going "Cure the poverty address). "The American Association of Law Schools ."(Florence Kennedy) "Men don't know how to act towards a woman special committee on women in Legal Educationhas published the results of a questionnaire sent to law \who won't be intimidated." (Renee Hanover) "Comment from a male adverse attorney giving school deans. The results show that over thelast four years, the percentage of women entering law schools iin on a point: (Jane "Just so the little girl won't cry has increased from 4.30% to 7.82%. However, this rate is only a fifth of our proportion of college JStevens) "Law is a good hustle ." (Florence graduates (40% est, in 1970-71). Women law faculty constitute 2.39% of full professors and 6.16% of IKennedy) P.S. Renee Hanover and Susan Jordan assistant professors. Three schools reportedly have established day care centers. I have been wearing pants to court in Chicago." ; .. . . Announced The Fifth Annual Hooding Ceremony of the State University of New York at Buffalo Law School will take place onThursday evening May 27, at the Mary SetonRoom at Kleinhans Music Hall at 7:30 p.m. The Mary Seton Room has a capacity for approximately persons. Therefore, each senior can bring about five guests to Graduates and faculty are expected at the Hall at about run through the ceremony to avoid snags. 7:00 It is recommended that the law graduates attend the graduation the Main Campus on May 28, at 10:30 a.m. Rehearsal is 9:30 on that morning. The ceremony will take place on Rotary Field. There is no limit to the number of guests the graduates can ceremony at at bring. After due investigation, the majority of the senior class wishes to wear the traditional caps and gowns. The caps, gowns and hoods will be rented at 9.50complete cost. Each senior may keep the tassell. The caps and gowns can be worn on both occasions. The first fitting will take place on Monday, April 26 from 10:00 a.m. to 1:00 p.m. The second fitting will take place on Thursday, April 29, from 1:00 p.m. to about 5:00 p.m. in the Lounge. There will be printed invitations and tickets for members of the graduating class. '$_£Z M___' Wi I — _~- -^.^<^^^m^^^^m\w mw 1970-71 Opinion Staff. Kneeling (1 tor) Mike Montgomery, Ass't Editor, JohnSamuelson,Editor-in-Chief, Malcolm Morris, Business Manager, George Riedel, Ass't Editor. Standing (1 to r) Jeff Sommer, Samuel Newman, Joseff Keefe, Alan Minsker, Bill Lobbins, Samuel Fried, Bill MacTiernan. Absent from picture: Rosalie Stoll, Jeff Spencer, Kathleen Spann, Richard Weinberg, Paul Stavis, and Alan Snyder. Come join our staH. All positions to The Rev. Hugh G. Carmichael will deliver the invocation and Howard L. Penny, organist, has been retained for the evening. A class gift to the school has been obtained by the chairman. TI.E OpiiNioiN Is GI.OW.Nq bIJT iT NEEds yOUR ItE-p! _ 875 the Ceremony. Kleinhans Music Hall has adequate parking facilitiesand is centrally located. A cash bar is available for the guests and refreshments will be servedafter the ceremony. Hooding are open For next year. Contact JoHn Samuelson �April 29,1971 Distinguished THE OPINION Visitor's Forum Schroeder Speaks On Role Of Federal Prosecutor by Mike Montgomery One field of the federal system which came under criticism from Mr. Schroeder was the lack of H. Kenneth Schroeder,U.B. Law Alumnus and flexibility for bargain pleas. Since there are few U.S. Attorney for the WesternDistrict of New York, misdemeanors available on the books, where a in Buffalo, spoke before the Law School on his own penalty less than felony would have been role in enforcing the law in society April 16. He appropirate, on manyaoccasions his has had to delineated his prime role as that of protecting the strain things considerably to breakoffice a charge down citizens, of balancing the right of an individual from a felony to a misdemeanor. suspect with the benfits and interests of the citizenry as a whole. One surprising statistic he offered for consideration was that in 80% of the cases brought up in W.N.Y. for Federal action, his office declined to prosecute, despite the misconceptions and allegations of many that the Government indicts every suspect. His role is to balance, be fair, and screen out those cases where prosecution of picayune matterrs would not be of great public benefit. An example of those cases which the Attorney's office does prosecute in Buffalo are bank robberies, presently enedmic on the Niagara Frontier. Mr. Schroeder indicated that rapid action in this area was necessary as a warning and deterance to incidents where 16 year oldkids walk into a bank for a hold-up because they have heard of no 11 News Briefs NCLU NEEDS HELP The Niagra Frontier Chapter, New York Civil Liberties Union, needs your help. Law students can contribute time to any ofour many projects-Prisoner's Rights, court records, trial watching, for example-or help our staff attorney in the office. Or initiate a civil liberties project of your own. If you have some time and want to spend it working in law for the public good, contact our office: 1370 Main Street corner of West Utica (883-0946) FEE REFERENDUM Richard A. Siggelkow, Vice President for Student Affairs for 5.U.N.Y.A.8., has notified the SBA that the student fee referendum held at the Law School on March 26,1971, is invalid. In accordance with Resolution 71-90 adopted by the Board of Trustees, each component of the State University system must, prior to the end of the 1970-71 school year, determine by referendum whether student activities programs shall be supported by either voluntary or mandatory student fees. In such referendum the officially adopted ballot form must be used, insuring uniformity throughout the state. Such referendum will be held at the Law School on Thursday and Friday, April 29 nad 30, 1971. LIBRARY BROWSING COLLECTION prosecution in the area. One of thehardest areas for the U.S. Attorney was the area of so-called political prosecutions. Mr. Schroeder attempted to counter the impression in the minds of many that a fearless, souless establishment is out to oppress dissent. He commented that many equate working for the Government with evil, a narrow-minded, even U.S. Attorney H. Kenneth Schroeder speaking in bigoted position, although admittedly not everyone Room 110 last week. does theirjob too well. Such is also true, however, in the ACLU or any other line of work. One well-deserved target for Mr. Schroeder's criticism In commenting on a question concerning the were some narrow-minded allegedly liberal number of blacks working in the Justice Department, put academics who automatically down all those the speaker observed that there is a who don't agree with their philosophy, who tend to tendancy among young lawyers not to be a repress or shout down their opponents in debate prosecutor or work with the Government especially among blacks who would prefer to fight oppression who disagree with them. In response to questions concerning the rather than prosecute. One Freshman member of the audience painted subpoena power on records as a deterance to free speech and free press, the U.B. alumnus noted that the 1899 Rivers and Harbors Act as a means to fight environmental certainly problems their injuctions or criminal has the right to protect the the media identity of its informants, but stated that where sanctions against firms such as Bethlehem Steel. Mr. there was a completed media package for public Schroeder commented that such basically criminal presentation then the document or film clip should statues are not appropriate means to eliminate or be subject to the subpoena power. If the material is solve all social problems in the U.S. being rather a being put together for free discrimination anyway, last resort, because of their characteristics as a there would be no harm in exposing to a court what Democlean sword. It would be better to have was intended in any event to be exposed to the industries work to clear up an area gradually than world. have them plead guilty and pay a fine, with the Mr. Schroeder emphasized the power and situation remaining unchanged. As for shutting down responsibilites of the Fourth estate, which he a plant, Mr. Schroeder did not consider such action described as having more power in society than any appropriate, particularly where an industry is doing other force, including the Government, because of its best, because the resultant job layoff would have its captive audience. The media has the last word, for a disasterous economic effect upon the community. in any attempt to rebut their interpretation an Such procedures would be appropriate only where opponent can reach the audience only through the (continued on page 12) media itself. Radical Law Collective Prepares Study Outline A group of 14 Freshmen law students known as the Radical Law Collective have prepared and printed an extensive outline for the study of Environmental Management, a course currently required forFreshmen in the second semester. The group states in their introduction to the material that the project "was initiated as a beginning toward collective attempts to grasp and master the materials in our classes. Our feeling is that learning is something best accomplished in a group with the benefit of others' suggestions, criticismsand stimuli." They cautioned the user that "This outline is not presented as a substitute to class attendance or reading and briefing the materials" himself. Exerpts from the text of the introduction follow: We are doing this not only out of our belief in the value of collective effort, but also in reaction to the emphasis on competition and individualism which permeates our academic existence This fragmentation is not simply characteristic of our academic life, but is a reflection of the values fostered by capitalism. We have been taught that the individualsim and cut-throat competition are - pillars of our system. While labor competes for jobs and students compete for grades and admissions, the very same persons who mouth these individual values conspire together to control distribution, set prices and insure a market for war materials. They have learned the value of collective action and have used it to control our existence. It is time for us to overcome the false-morality we have aculturated and join together in struggle to regain control over our own lives. This outline is clarly the work of different people, each having varying approaches to the material. No attempt was made to edit the various sections or to make them uniform in style or approach. We felt incapable of saying any one way was superior to another. What works for one of us may not work for someone else. Therefore, please use these outlines as you wish. We have purposely left margins and printed on one side of the paper only so as to make this easier for you to read and comment upon or edit. we plan on breaking into For ourselves smaller groups in order to go over the course entirety and hope that you too will material in its use a collective approach. - , . As an experiment, the library has set up a browsing collection of magazines and paperbacks in the reading room. The paperback collection initially consists of 35-40 titles, and will consist of approximately 200 titles by May. Circulation is on the honor syste; books should be returned as soon as possible to allow for a wide circulation. The collection has been set up as an experiment. If used and returned, it will be continued next year. Your suggestions would be appreciated. the books are CORPUS JURIS AWARD Senior law students who wish to be considered for the Corpus award based upon performance in the current academic year must apply on or before May 7, Details upon performance in the current academic year must apply on or before May 7, 1971. Details Juris 1971. can be found in notices posted in both the Eagle Street and Prudential Buildings. PRIZES ANNOUNCED The following prizes performance in 1969-70: have been awarded on the basis of 1. Corpus Juris Secundum Student AwardNorman Rosenberg of the Junior class. 2. West Hornbook AwardGrace Blumberg of the Junior class and Michael Calvette of the Freshman class. 3. Sprague ScholarshipsFirst prize: Michael Calvette. Second prize shared by: Bernard Brodsky, Leßlanc, Samuel J. Palisano,and John C. Spitzmiller Norman A. 4. Clinton Scholarships First prize: Grace Blumberg. Second prize shared by: Barry Gassman, Daniel J. Murray, Bruce Norton, Norman Rosenberg and Gregory Stamm STRASBOURGHPROGRAM students going to Strasbourgh, France this summer to attend the Human Rights Seminar please contact Professor Buergenthal about registration and credit immediately. Those SUMMER SESSION In addition to the courses listed in the last issue of The Opinion the following courses may be taken for credit this summer by law students: L-420 Problems of Environmental Quality (Reis), 9:30 10:50 a.m. - - Juvenile Courts (Teitlebaum),! 1:00 12:20 p.m. Classes will be held at Ridge Lea and will be in the first session which runs from June 7 July 16, 1971. L-454 - MATTACHINES NEED AID Do you believe in the rights of homosexuals? The Mattachine Society of the Niagara Frontier, an organization formed for the protection and extension of rights of sexual minorities, desperately needs members with some legal training. The Society is constantly faced with situation of police harassment and entrapment and conflicts with the State Liquor Authority. In addition the Society is interested in extending the rights of sexual minorities in employment and housing. Legal advice in the area of public demonstrations and picketing is also becoming more and more useful to homophile organizations such as the Mattachine Society. If you wouldlike to help in either an official orinformal capacity, please call the Society at: 854-9170 �April 29,1971 THE OPINION 12 Report From Amherst New Law Building Takes Shape by JoseffKeefe On Tuesday, May 11, 1971, at 3:00 P.M., a ceremony to set the cornerstone on the new Law and Jurisprudence Building will be held on the Amherst Campus of the State University. Although the law building is not scheduled for completion until December of 1972, the formal cornerstone ceremonies will be held next month. Once the facility is built, a permanent setting for the stone will be styled in the floor of the main entrance. With progress on the law building and a dining and dormitory complex under way, the initial stages of the State University are developing. The Law and Jurisprudence Building is located off the M illersport Highway, approximently one mile north of Maple Pond. The construction to date includes most of the cement groundwork and part of the steel exterior framework- for the seven-story structure. Having worked through the winter months since (continued, from page 11) SCHROEDER there is immediate danger to health and welfare. One may note in passing that Mr. Schroeder's presentation was quite sparcely attended. Such apathy, when the speaker is prominent in the local community and has a topic well worthy of consideration, does not speak well of our academic community, particularly when there is a crying need to promote interactionbetween the local bar and the law school, forpurposes of employment if no other, in a situation where Eagle Street is already looked upon askance by its alumni, and vice-versa. Jerry Levy's rather feeble interruption carrying Department a placard decrying bugging and Justice seemed both immature and surveillance inappropriate for the free propogation of all positions which the speaker's program is attempting to foster. wr - In tiiviltli and u/elfare - EXAMINATIONS (continued from page 3) actually make the job of grading the papers easier, since part of his class will have written clearer, better organized, and regular more legible papers. "To the objection that cheating will occur, I have several First, even the traditional conditions as ad ministered, do not prevent those who are so inclined from cheating. Secondly, under the present proposal, each individual will be better able to display his responses. November of 1970, the John W. Cowper Co., Inc. is moving along rapidly with the onslaught of warmer weather. Informed sources with the firm feel that the building will be completed on the expected date pending no further construction problems. Bids for construction of the building were opened in November in the offices of the State University Construction Fund in Albany. The Cowper Company of Tonawanda, N.Y. was awarded the contract with a bid of $7,313,000. The total cost of the building is expected to be about $8.5 million. Lakefront Location The new law building will be situated in approximately the center of the Amherst Campus. As part of a group of academic buildings connected by bridged passageways, it will overlook the main plaza corridor. One of the most novel features of the Amherst facility, however, will be a 60 acre manmade lake to be constructed in an area south of the law school. The lake area, which will be utilized for recreational purposes including boating, sailing, and picnicing. This endeavor will be accomplished by re-routing Millersport Highway to make way for the lake which will be to a depth of 15 to 25 feet. The land in the immediate vicinity of the lake will be occupied by a cultural center and a plaza to be .built under the direction of the Urban Development Corporation. This facility will include stores and a threatre for use by the general public. The law school will be situated in close proximity to the lake and adjacent cultural center. In the relatively near future the Buffalo Law School will undergo a dramatic change. Not only will the students, faculty, and administration move into a new complex with much needed available space, but the school will become an integral part of the State University Campus. c ompe tence in a subject by outweighs the harm (if any) to choosing the environment under honest students as the result of which he is better able to students. A third point the protection of the public and profession from incompetent lawyers is primarily the job of the bar examiners (not that that exam is any more relevant) which should weed-out those totally incompetent (along dishonest perform. The grade he receives is will more accurately reflect his true understanding of the subject and be less likely to be prejudicied that the adverse conditions in which the exam was taken (at least the conditions will not have been imposed) i.e. it will more with the many competent who closely reflect what he deserves. also fail). I believe that an honor Therefore,it seems to me that this;.t'system a system whichhas been advantage of removing a definitely acceptable to other law schools prejudicial factor for many, thus should be imposed as to the making each (non cheated) grade take-home so that there is no more reflective of the individuals question that only theindividual's level of understanding, greatly workis expected. " by — - — � 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, 1971-04-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/29/1971 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/20b3858af59c1e33aca14ff7874d9468.pdf 771562f6f7bbdd7c7ca7ce13436f1681 PDF Text Text US.rort»e ItoOpWoa 77WMlE*|>St. PAID BUFFALO, N.Y. PBWarNO.7OB Brihlo.NtwYoikUaa Volume 12, No. 1 THEOPINION State University of New York at Buffalo School of Law September 21, 1971 Registration Problems Foil Students BY MICHAEL MONTGOMERY SARA my love, you done me wrong Fortran snores are sounding 100 strong The cards ran through and gave me the screw SARA my love I abominate you. The present registration University's Master Plan, which fiasco was the subject of an calls for 800 student bodies impromptu talk given to the by 1972. Greiner noted, in SBA and students at large by response to one of many Assistant Provost William pointed questions, that the Greiner, accompanied by administration has not Audrey Koscielniak, the Law reciprocated with more faculty School's ambassadress to appointments and administrative SARA, the great God machine support while the Law School and registration computer adhered to the Master Plan's system. The initial comments growth dictates. In two years of Greiner's qua i si-apologia, the number of students has delivered in a rather overblown increased by 50%, while manner, were centered around faculty increases the unprecedented rise in conteporaneous with a student population coupled considerable decrease in with general administration experience and quality. The unpreparedness and Provost, the Dean, the Assist. inexperience. The present Dean, the Registrar, and the student enrollment at Eagle Librarian have all resigned for Street is approximately 615, various reasons, often with *ith. 200+ freshmen, 230 little or no warning, no time juniors, and 188 seniors. This to train replacements, and no is the largest enrollment in program of training which the history, of the school; the looked to the likelihood that phenomenally large upper academic personnel wander and division of 418 reflects an change like the sands of the increase of 80 juniors and desert and have to be seniors over last year. Greiner replaced. Greiner admitted that predicted a population of many of the administrative similar proportions for the replacements are not qualified ensuing years, considerably and have no expertise. When taxing the overcrowded asked whether lack of contact facilities into which we are or influence with the main pr c se ntly packed like choice campus or Albany was a Brisling sardines. This increase factor behind the nonexistence is attributed to the return of of a solid basis of 35 former freshmen whose adm i nistrative support or studies were deferred for a personnel, despite the fact that graduate course in leadership the Law School is one of the for Uncle Ugly Bird, and to 7 golden Faculties, Greiner the Law School's attempt to declined to comment, rather respond to requests from the than slander someone or central administration to venture into rank speculation. In regard to the present continue increasing the number of students enrolled as per the shambles, in which students . IN THIS ISSUE: Right On! A new column by Otto Matsch How To Catch Your Favorite (?) Prof. Office hours revealed! New Faces Who is that man? page two page three page four Law Review Where is it going? Pace Natural Foods The Grider Food Collective page six Bulletin Board What's going on here? ,lye page eight Students puzzle over computer registration forms on the 11th floor of the Prudential Buildine. admitted to courses are summarily eliminated, and find themselves permanently registered in few, ny, of their original if a choices: There was a 60% increase in freshman applications, 1700 in total. The inexperienced new staff was preoccupied with admissions and was concerned only secondarily with registration. When the information packet was prepared, it was assumed that the computer process and format was simple and clear. Assumptions of such lucidity were clearly unfounded. No size limit was put on restricted enrollment classes to indicate chances of admittance. The computer was not many programmed to give preference to Seniors. Somebody neglected to mention that conflicts was open only to Seniors, a practice which will throw a heavy burden on the spring semester offering of that course. Jay Bieiat questioned the possibility of senior preference in remedying the mixup. Such a ''carte blance" was considered impossible. In response to a query concerning the lack of a plan for more substantive Bar courses, open in both spring and fall, to forestall the inability of many seniors to take with budgetary blocks for expansion. No adequate response was obtained to the questioning of course n 11c 11111;:, like philosophy of Law, American Legal History, and some of the more esoteric seminars, rather than substantive Bar courses, except that somebody considered the curriculum and course courses actually offered to be planning, and which accepted. significant. The function of the Faculty Gene Coffin and Lee of Law and Jurisprudence is faculty Ginsburg felt that apparently a less than total members teaching on the main committment to the JD campus were wasted when program, and on-cam pus personnel problems are so courses are considered to be desperate downtown. Greiner useful as an indication of said that the central need of greater faculty administration urged this resources due to heavy program on the faculty, which (continued on page 7) is totally responsible for Attica Petition Presented The following petition was submitted to the Student Bar Association at a meeting held on Friday, September 17, dealing with the attitude of faculty and students at Eagle Street to Ihe Attica uprising. We, the undersigned students and faculty at U.B. Law School, in reference to the recent tragedy at the Attica Correctional Facility, do state and support the following: 1. The value of human life - - both that of guard and should have been supreme at all times and should not have been sacrificed to concepts of penal order. 2. The rebellious actions of the prisoners involved were a prisoner direct result of the deplorable conditions of the New York State Correctional System in general, and of Attica in particular. The conditions noted by the prisoners in their negotiating demands have been brought to the attention of the responsible authorities many times in the past by concerned at Auburn individuals and by past incidents of this nature State Prison and at The Tombs in New York City. 3. We condemn the actions of the authorities, under the direction of Gov. Rockefeller and his appointee, Commissioner Oswald, as a rash inhuman and precipitate tactic. The killings at Attica were the result of a blind assertion of authority at the expense of human life. What would have been the cost of further negotiations? When human lives are at stake, it is an outrage for the State to make any issue non-negotiatiable. An elemental regard for human life requires that all possible means to a solution be exhausted before a resort to force inevitably leading to the deaths of many. 4. The reforms, conceded by Commissioner Oswald must be implemented. These reforms are long overdue. The time has come for our penal system to recognize the basic human rights of prisoners. — — - �September 21, 1971 THE OPINION 2 Editorial RiGHT ON! Second Class Students The fiasco of registration this semester, bad as it was, in truth is but one more sign of the disregard of the faculty, the administration, and Albany of the needs of the present student body of the Faculty of Law and Jurisprudence. It is bad enough that students have to bear the problems of an overcrowded and obsolete physical plant, the pains of expansion, and the frustration of working with a constantly changing and inefficient administrative staff. The situation becomes even worse when one realizes that the present law students are compelled to pay the highest tuition fees of any facility in the State University system. But this is not all! According to the plans for the expansion of the of Law and Jurisprudence, a certain number of new faculty members were to be hired each year. The purpose of this was twofold: to accommodate the increasing number of students in the professional program and reduce class sizes, and to allow a number of the faculty to participate in the undergraduate legal studies program which began in 1967. The failure of the administration and Albany to continue the expansion of the faculty, while continuing to expand the undergraduate program, has led to the present large class sizes and lack of important course offerings. Thus the poor law student suffers again from the poor planning and buck passing that has characterized the expansion program from the beginning. An important part of this problem is the willingness of the schools' administration to bow to Albany's desires that the undergraduate program continue to expand while the ranks of those teaching in the professional program remain depleted. It seems that in this area, as in all the others, the present occupants of the Faculty of Law and Jurisprudence are indeed second class students. Faculty LETTERS TO THE EDITOR Letters are welcome from students, faculty, alumni, and others. The Opinion reserves the to shorten letters too lengthy to print in right their entirety. Please limit letters to two Opinion, 77 typewritten pages. Send to: The West Eagle Street, Buffalo, 14202. Anonymous letters will not be published. Legal Studies at UB Grow z from the Erie An experiment that began in 1967 h« been so successful that the Faculty of Law and Jurisprudence of the State University of Buffalo is Reprinted considering offering degrees to students i who do not intend to practice law. For instance, says a Law Faculty member, a degree might be offered for teachers and social scientists who need to know a good deal of taw for a specialty in their profession. It has been suggested that policemen and social workers also might benefit from such courses. Law courses for undergraduates began from the premise that most persons know little about the law. In an effort to let law become part of an undergraduate's "intellectual equipment," the Law Faculty has expanded undergraduate offerings to the point that it has become a national leader in this field. "This is the first time a law school has made a concerted effort to develop a full v n dc rgraduate program," says Prof. Robert 1. Reis, who came to U. B. because of the prospect of teaching undergraduates. County Bar Newsletter undergraduates, "Introduction to Law and theLegal Process." Since 1967 the course, also known as Law 201, has been offered at least once or twice a year and sometimes in Summer Sessions. Other courses have been added until now at least five undergraduate courses are offered each year. Courses have dealt with issues of the day Women and the Law, Drugs and the Law, Resource Allocation as well as with more basic areas such as Criminal Law. The law faculty's aim is to "introduce undergraduates to law and legal reasoning, to the - problems that lawyers think about, to the functions and limitations of law and legal processes," explains Prof. Greiner. "The coursesare more to give people a feel for what are legal issues, " he adds. "I don't think students should expect that these courses will help them into law school or help them if they go to law school," says Prof. Robert B. Fleming, the University Advocate. Prof. Fleming taught Introduction to Law last semester. All the professors agree that Prof. William R. Greiner, teaching undergraduates is exciting. "It's a benefit to us," says Prof. Greiner. "You find you're teaching a pretty serious and dedicated bunch." chairman of the Legal Studies Program, recalls that the effort began four years ago when he was asked to teach a single course for by Otto Matsch Normalizing Relations With Mao Ever since Mao and his inscrutable minions ousted the government of China from the mainland the howl has gone up from se 1f-styled liberals, apologists for communism, "Old China Hands" and folks who call each other intellectuals because no one else will that the United States should grant diplomatic recognition to Mao's regime. None of them have ever given a valid reason for doing so. All of them shirk off the tendencies of Mao to kill every Chinese who dreams of freedom and everyone else within 10 meters of that infected person. Between 34 and 64 million Chinese have been exterminated by way of giving flesh to the thoughts of Chairman Mao, a figure which so staggers the imagination as to render it horrible beyond comprehension. [But don't you see, the revolution is good for the people, and these 34 to 64 million were in the way of the revolution, and you can't make omelets without breaking heads 1 mean eggs, and watch your mouth or you'll be next.] But aside from Mao's humanitarian instincts and all the nice things he has done for China the other arguments for recognition are typically vacuous, as befits their source. For example, there is the one about how stable the regime is, and how they have held power all this time and will forever and ever, so we may as well admit it and go ahead and recognize them. Bear in mind that these are the same people who are saying we should boycott Spain and Greece and Rhodesia and South Africa because the folks there are nasty and mean and never mind the stability of those governments. But even without this quirk the argument fails for the simple reason that it is no argument at all. So the commies are in power. So what? There is no requirement either in the laws — or traditions that America should exchange ambassadors with every bandit and self proclaimed dictator in the world simply because he exists, especially when hostile. Perhaps not, smile our undertakers, but the government of Mao is the legitimate government of China. We have always, well almost always, had relations with China, so we should now carry out that fine and noble tradition and extend the hand of friendship to China. It is true, we answer, that we have long recognized the legitimate government of China, and in fact we still do. That government is now temporarily located in the province of Taiwan. The fact is that Mao is not the legitimate ruler of China, he is the leader of the war mongering clique that has conquered most of China, but that no more legitimizes his rule than the conquest of France made Hitler the Premier of France. Also, it is important to remember that it was American interference into the Chinese civil war that resulted in the loss of the mainland to the barbarians; we should not compound our folly by now betraying the people of China once again. But, snarl our detractors, we can't ignore 800 million people. We answer serenely that we are not ignoring them, but recognizing their plight. We are refusing to grant diplomatic recognition to the war lords who are the illegitmate slave masters of the people. Since the Peking junta does not represent the people of China, recognition of the junta would serve only to entrench the power of the overlords by granting them the appearance of legitmacy they so ardently desire. Further, because of this lack of representation by the regime there is no syllogistic relationship between refusing to recognize the feudal Peking monsters and ignoring the 800 million sorely oppressed TBE Chinese. Let's take a look at the regime that the counter-revolutionaries would have the United States "normalize" relations with. It is a regime that has murdered more people than Genghis Khan ever dreamed of ruling, a regime that has invaded all of its neighbors since seizing power: Korea, Tibet, India, Laos and has even had border disputes with its comrades to the north and west. Red China has fostered and promoted subversion and insurrection in most Asian countries: Thailand, Laos, Cambodia, Burma, Pakistan, ilndia, Malaya, Ceylon, Vietnam, Indonesia and the Phillipines. The Red Chinese have guerrilla training camps in Tanzania, and Maoist guerillas operate in Mozambique, Angola, Cabinda, and Bissau-Guinea. In the United States, Peking directs through funding and instruction the Progressive Labor Party, the successor to the old SDS, and other Maoist ter r orist groups. All of this has been for the sole purpose of gratifying the maniacal blood lust of the Peking regime, and here in America fools call for peace and love in the same breath that they declare their sincere and he arfelt prayers that Anerica wilt open her bosom to Uncles Mao and Chou who've been out in the cold entirely too long. All we have to do, they emote, is talk nicely to the wise men from the east, and they will suddenly mellow and stop calling us "Wall Street lackeys" and "running dogs of imperialism." Instead, they will call us friends and send us ping pong balls for Christinas, and stick us with pins. Most of China's neighbors, with the exceptions of Tibet, which is already occupied, the Republic of Korea and Indonesia, have had "normalized" relations with Red China for years and years, but none of them have (continued on page 6) OPINION Vol. 12, No. 1 September 21,1971 - Editor-in-Chief JohnR. Samuelson Assistant Editor Vacant Managing Editor George Ricdel News Editor Vacant Article Editor Mike Montgomery S.B.A. Editor Vacant Feature Editor Vacant Photography Editor Samuel Fried -- - - - Production Manager Vacant Business Manager Vacant — - Staff writers Jeff Spencer, Rosalie Stoll, Alan Snyder. Columnist Otto Matsch Contributors Alan Minsker, Richard Evans, Jack Gutkin, JosephDiNardo. Photographers Samuel Fried, Rosalie Stoll. The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid cass postage entered at Buffalo, New York. �September 21, 1971 THE OPINION 3 S B A 1971-72 Committees Admissions Committee Richard Evans DeborahLewis Linda Cleveland Appointments Committee Bob Wall Herbie Greenman Student Affairs Committee JeromeRichardson Nelson Zakia Spoken Committee Summer SchoolLiaison Committee Gene Goffin Larry Brewer Law School Liaison Committee Tim Kane MarkParrell Library Policy Committee Election Committee John Blair Slully Gould Richard Weinberg Scholarships and Awards Finance Committee AlanLiebowitz Tom Sellers Law and Jurisprudence Leslie Greenbaum John Blair Mike Montgomery Graduation Committee Curriculum Committee RobertBarber Mike Place Minority Student Program Committee (deferred) Social Committee Dan/Ward Jerf Spencer JohirAnderson (deferred) Grading Committee Researchand Special Programs Committee Shelly Gould John Bulger John Hayden Terry DiFillippo ContinuingLegal Education Committee Scholastic Standing Mike Stachowski Jean Hillrnan Rose Hamlin Richard Clark ProL f. ist The interaction between faculty and students has become one of the most important facets of SUNY/B Law School. If a student is having a particular problem in class with the professor, it is vital that a personal non-classroom type of ci.inithi nication be available. Professors are aware of these problems and, despite large classes, all faculty members spoken to indicated a willingness and readiness to discuss relevant issues with students. To this end, the following professors* will be in their offices and accessible to interested students: International Legal Studies Committee George Reidel JeanHellmann William Buscaglia Policy Committee PeterClark Jim Kmse MikeDziak JayBielak Bill Hamilton Placement Committee Jerry Grace Jim KrU9e Bob Wall Lionel Davis Gene Coffin Tom Brett Break the Mystique The Bar Exam Examined This paper is primarily the product of one person's experience with the July 1971 Bar Exam and the P.L.I, bar review course. It is presented by Concerned Law Students in order to acquaint people with the mechanics of the exam and to raise some fundamental questions concerning the exam. The review sessions consist of tapes which are taped live in NYC. This usually presents some problems for people unfamiliar with New York accents. The tapes are used in 3-6 hr. sessions each day, five days a week. They cover all the projected subjects and supplement your bar review notes. Every day, except Wed. and ATLESON, James Rm. 632 The subject matter of the bar exam, and MECHANICS OF THE EXAM thus the two review courses, is almost all areas appt. during classes. No nee. Through appointment 634 of NY law. The courses will supply you with BUERGNETHAL, The N.Y. bar exam is perhaps the toughest detailed written outlines on the following areas: Thomas with Mrs. Walker, scty. of all the state bar exams. It embodies almost 1. NY Practice 11. Suretyship Most times between 10 DAVIDSON, Kenneth 742 all aspects of N.Y. law. The exam is and 5:30, except classes. Federal Jurisdiction 12. Sales in March and July of each year. 2. conducted 13. Federal Tax No appointment nee. Wills Each applicant can only take the exam once 3. 4. Evidence 14. Equity 736 Mon. DELCOTTO, Louis Th. 10-4, Fri.?, in each year. 15. Administrative Law Partnerships and except classes. No appt. 5. The exam is a two day affair. There are necessary. Corporations two VAht. sessions each day, totaling 14 hours 604 Most times except classes. DONEGAN, Charles of the worst moments in your life. Each 6. Bailments and ig. Commercial papers No appt. nee. session consists of three essay questions and Insurance ]9. Torts 626 FLEMING, Robert All day except classes. No objective questions for a total of J 2 7. Criminal Law about 40 20. Secured Transactions appt. nee. essay and 160 objective questions for the two 8. Real Property Trusts 21. Mondays. at be school on FRANKLIN, Mitchell 642 Will days. Bankruptcy 9. Domestic Relations 22. Most times 10-4:30 except GALANTER, Marc 722 The objective questions consist of true and 10. Contracts 23. Conflicts classes. false and multiple choice. In each session, No appt. nee. there are about 30 true and false and 10 WHAT'S STRESSED ON EXAMS 630 Most times 9:30-5 except GIFFORD, Daniel N.Y. Practice and Evidence make up about multiple choice questions. The multiple choice classes. are worth more than the true and false [Vh 1/3 of the exam. Thus, Civil Procedure is very important. Wacktel's handbook on the CPLR is No appt. nee. points to I]. GIRTH, Marjorie Most times during the day. The essay questions are different from the best text for preparation for the 724 644 Call and make appt. GOLDSTEIN, Paul "normal" law school examquestions. The bar procedural part of the exam. The first 250 640 Most times 9-5 except classes. GORDON, Robert exam questions are verbose the problems are pages are very important. No appt. nee. overstated to get the point across. Regular law As a rule, there is very little criminal, HOLLEY, Dannye 620 3-5 Mon.. 1-3 Wed. school exam questions are more concise, with constitutional, or labor law on the exam. In No appt. nee. each sentence having a particular meaning. The July, there were two essay questions dealing Bar Examiners expect particular, specific with criminal and constitutional law. Always available to HOMBURGER, Adolf 624 answers to each essay question. The people Commercial subjects are stressed. students, but prefer appts. prefer appts. who correct the question are given model ANALYSIS Many people are now questioning the Most times during the answers which are heavily relied on. An JOYCE, Kenneth 744 day except classes. applicant may deviate from that model, but relevancy of the bar exam. What function does No appt. nee. only at the risk of losing, or at least not it serve in myth and in reality? How does what you learn at Buffalo Law School prepare gaining points. 600 KATZ, Al Wed.-Fri., except classes, or by you to take the exam? What alternatives are appt. The best method of answering the essays there to the present system? is to analyze the problem only in light of the 608 Most times during KELLEY, Patrick First, the biggest myth about the bar questions they essay. specific the day except classes. No ask in the First, is that it somehow separates the appt. nee. state your answers to the specific questions exam qualified from the unqualified, Since the exam KOCHERY, David All hours except 718 and then state and analyze the law and facts essentially test memorization of trivia, this is classes. No appt. nee. in a concise manner. not the real function of the bar 618 LAUFER, Joseph "I'm always free for students." The student applies for the exam just after obviously Rather, it can be viewed as an appt. No graduation. The applicant will receive an exam. nee. exclusionary, final screening device. After 1128 Tentatively 1-5 every LOCHNER, Philip entrance ticket for the exam about a week competing to get into, first, college, and then day. No appt. nee. before the exam. The ticket must be presented law school, assuming that you can afford to 602 Most times Mon., Tue., MANAK, James in order to enter the exam and it contains pay the rising educational costs, the applicant Th. 9-3 Wed., Fri. 9-5 No appt your examination number. The July 1971 exam for bar must pass one final hurdle. It is nee. was held in a large hall at the Cordon Bleu very the effective at keeping the hordes out. Too 720 Wed. morning, no appt. nee, Restaurant in Cheektowaga. Each applicant is many new lawyers world mean undesirable MANN, Howard assigned by his/her exam number to a table competition Mon. morning by appt. for those already admitted to the 740 11:30-1:00 Mon., Tue., and Th. where his/her material will be. club. RICKERT, Thomas except the subjects tested on the exam day Secondly, 734 REIS, Robert Tue., Wed., All Th. THE BAR REVIEW COURSE classes. No appt. nee. are those which the traditionally oriented, to Every day 9:30-5 except 610 TEITELBAUM, Lee The normal student will be required to money-making, serve-t he-rich lawyer needs on classes. No appt. nee. put in weeks of work memorizing outlines of know. The law student who concentrates various details of NY law. It is wise, probably poverty law, criminal law, civil rights law, or The following professors are on sabbatical: absol v tely necessary, to take a bar review constitutional law is at a distinct disadvantage. forced, out of course. Bar review courses are offered at $200 Why should such students be courses in law 726 HYMAN, Jacob per six week session by Practicing Law necessity, to take commercial No regular hours, but will be 606 NEWHOUSE, Wade Institute and Marino, both of which are school? prepare you working out of office. in any Does the law school private, profit-making groups. Marino offers the 730 No regular hours, but will be SWARTZ, Louis student the possibility of taking the same way to take the bar exam? At Buffalo.the pride thinking in around office. course twice, once in the spring of the senior facultytheytike to students themselves how to "think like a teach year and again for six weeks before the exam that (continued on page 7) '"Unlisted professors will be listed in the next Opinion. in July. - ' . J* *" �September THE OPINION 4 21, 1971 Faculty ExpAi\ds NEw FAcEs DEbuT AT LAw ScHool Five full-time professors have been added this fall to the law school faculty. They include a Visiting Professor of Law and Social Sciences, Marc Galanter, and four Assistant Professors, Robert W. Gordon, Dannye R. Hoiley, Patrick L. Kelley and Stephen M. Marx. Although Mr. Marx has not yet arrived, these additional faculty members are expected to bring new and viable ideas to the law school. - and it is hoped that pronounced interest in certain areas can be encouraged. Professor Galanter has authored numerous books and articles on Indian law and comparative law, including publications in the American Journal of Sociology and the Journal of Asian Studies. Professor Galanter wUI be available in his office, 722 Prudential, most times during the day. A former Newsweek reporter and Harvard Law School graduate, Robert W. Gordon is currently teaching a seminar in Legal History. With a small class, Mr. Gordon hopes to pursue an individualized approach. The course will deal with Nineteenth Century law, and the point of the course will be to give a perspective and background to current social problems; once you get through the language of the old cases you can find their relevancy. Mr. Gordon will be teaching the second half of Contracts in the spring semester. Robert Gordon Professor Galanter, a graduate oi the University of Chicago Law School, is currently teaching Law and Social Change and will teach American Legal System and a seminar on Legal Remedies in the spring. Law and Social Change is primarily concerned with the sociology of law and the search for explanations rather than for express rules. Law as a product of social change as well as a source of change will be discussed. There is much literature available in this Held LEGAL STUDIES COMMITTEE MEETS The International Legal Studies Committee May and approved two proposals drafted by George E. Riedel, Jr. student representative on the committee. The proposals call for one, the establishment of a summer program to be held in Strasbourg, France at the International Institute of Human Rights. The Institute will be for three weeks in France each summer with two weeks of preparation work in Buffalo required of each student who participates in the program. The second proposal adopted called for the establishment of an L.L.M. program in I nternationa) Law at the Law School. This program would be arranged so that any student could receive his JD and at the same time an L.L.M. as a joint degree. In addition to the requirements for a JD a student would be required to attend two summers and take other programs of study to be developed by the Committee. These proposals will be submitted to the Provost shortly when final details are worked out by the chairman Professor Thomas Buergenthal and Mr. Riedel. The Committee went on record also to help in any way possible the International Moot Court in obtaining a charter from the Association of Student International Law Societies. Mr. Peter Bush, of the Moot Court Board, presented a proposal which was adopted by the committee and forwarded to the Administration calling for the reimbursements of expenses for students who participated in the Jessup International Law Moot Court Competition in Albany, N.Y. Other items included discussion of future lecturers, a possible colloquia in International Studies and Scholarship money. The Committee will meet early this semester to take up several issues that have developed over the summer and will consider scnveral new proposals for this year. met last Patrick Kelly Many seniors remember Assist. Professor Dannye R. Hoiley, a recent graduate SUNY/Buffaio Law School who has since been a graduate fellow at the University of California Law School, Berkely. Mr. Holley's main approach in his Criminal Law course is showing and proving to the class that the entire idea of relevancy can be captured and viewed within the confines of a traditional Criminal Law course. Action as well as inaction can be constructive and social relevancy can be. seen in a statute as well as the failure to enact a statute. Written Marc Galanter law as a response to social conditions. Tort law will be viewed as an alive, steadily-growing body. Mr. Kelley, a Harvard Law School graduate, will be teaching Torts both semesters and a seminar in tax policy in the spring. In the classroom, Mr. Kelley hopes to employ a back-and-forth technique and to avoid straight lecturing. The tax policy seminar will aim at showing the relevancy of tax law to current problems as well as the traditional concerns of the law. Mr. Kelley has Dannye Holley published articles in the National Tax Journal and the American Journal of class projects (which will be weightd) International Law. will be used to illustrate material Stephen M. Marx, Assistant covered and a practice exam will be given. In the spring, Mr. Holley will Professor, will be teaching a seminar be teaching Conflicts and in C omputer Science and Law and researching the uses of computers in Administrative Law. Assistant Professor Patrick L. Kelley legal education. Mr. Marx has an is interested in how the law of torts extensive background in both the legal has evolved historically in the common and computer sciences fields. news Briefs MOOT COURT BEGINS YEAR The Moot Court Board is once again ready enter the appellate courtroom as its fourteen members, under the Chairmanship of Richard Evans, prepare to enter various moot court competitions among law schools throughout the East Coast, Canada, and the United States. The three Board members who are presently preparing themselves for the National Moot Court Competition, tentatively scheduled for November 19th and 20th in Syracuse, New York, are John Blair, David Klein, and Richard Steiner. The hypothetical case on which the trio will write an appellate brief and present oral argument involves an Army massacre of Vietnamese civilians in a small hamlet. The legal issue involved is whether the federal courts may assume jurisdiction of the matter brought by a writ of habeus corpus by the lieutenant accused of the crime and found guilty by a military court-martial. Furthermore, the question arises as to the rights of a defendant tried under military law and whether full due process is afforded such an individual. For interested freshmen and junior U.B. law students, the Board is organizing a Moot Court Workshop, planned for mid-October, where local practicing attorneys engaged in appellate practice will present informative lectures on the preparation of briefs and the procedure of making oral argument on appeal. There will also be a session of the Workshop devoted to an actual demonstration of appellate to argument As explained by Mr. Evans, the purpose of the Workshop is to aid those law students who anticipate competing in the annual Desmond Moot Court Competition, from which future Board members are selected, in readying themselves for the event scheduled for the first week of December. This year the Desmond problem, being prepared by Robert Allen, Bill McTieman, Bill Peltz, and Issac Fromm, will concern the new statute in the State of New York regarding eavesdropping and the Constitutional ramifications of its application in the criminal law. The problem will be ready for distribution in early October and Mr. Evans is urging all freshmen and junior students to contact the Moot Court Office to obtain specific details and information concerning participation in Moot Court activities at the Law School. LEGAL OBSERVERS MEET On September IS, the Legal Observors held its first meeting for the 1971-72 school year. The basic purpose of the group and operating procedures were discussed with new members. The main function of the Observors is to provide the community with objective reports concerning events such as demonstrations or pamphleteering which have involved confrontations between the police and participants or between groups of participants. In addition, Observors will attempt to obtain the names of any persons arrested, and eyewitnesses will be available to testify at the trial of the person arrested. Each member of the Legal Observors was informed that his primary responsibilities are: (1) To observe what is happening (2) To make written reports concerning what has happened (3) To identify eyewitnesses and take their statements. The members are not to give legal advice to anyone requesting it. The services of the group are available to any organization planning a demonstration or like event. Students interested in.joining the Legal Observors should contact Gene Goffin. �September 21, 1971 THE OPINION Law Review The Key Word "Quality" is by Mike Montgomery Institutions are judged by quality, present lacking, or in the material made available to the public or desired audience for the purposes of evaluation. This principal applies both to available to him to judge the quality and value of a recent graduate. Mr. Ark pointed out the advantages of the LR calling card in that articles provided beautiful writing samples, and Law Review was useful to counteract the antipathetic attitude common in the local community towards any product of our somewhat unruly university. Because of the upsurge in the number of law students, coupled with the increasingly difficult job situation. Ark considered it likely that student interest in the Review should start to wax. The Law Review's self-image does not appear to be one of leadership. No one seems look to the Review for leadership; it makes to no attempt to influence faculty appointments the Law School and to the individual student who is pounding the street trying to get his first job. Both the Law School and the guy cooling his heals in the offices of Jaeckle, Fletschmann are judged to a great extent by the quality of the Buffalo Law Review, the major gauge of professional quality for the school and of individual quality and performance for the student. Ark commented that the Law Review didn't always get what it wanted after soliciting articles. Unsolicited material, whether from students or professors at other schools trying to build up a reputation by publishing in what they consider to be a lesser known Review, seldom gets published. The solicitation of articles from really top-notch people involves considerable competition with the Law Reviews of superschools such as Harvard or Yale. The. Managing Editor pointed up the desirability of persuading our own highly competent faculty to publish in the Review of their own school. The faculty interest and participation could be extremely useful in expanding the number of fruitful targets for article solicitation. Almost complete autonomy may be one desirable aspect of the present situation, however. A major problem area for the Buffalo Law Review is the recruiting of new candidates at a time when there is some socio-political antipathy towards the Law Review and the establishmentarian attitudes some believe are perpetuated by it. What many detractors of the Law Review fail to realize is the excellent forum it is capable of becoming for the airing of any carefully researched and properly presented point of view. Writing quality is the major criterion for acceptability, not orientation, whether revolutionary, reactionary, or radical apathetic. The Law Review is one, of the best forums available for a cogent law-related argument. The tonsorial problems of the military reservist was examined in a comment in last spring's Review by Bruce Norman Le Blanc (Seated) and Clarence Sundram review manuscripts in the Law Review Office. Written. The Law Review, to a great extent or the curriculum structure. It is independent. autonomous in the running of its affairs, is It is devoted to turning out a quality product devoted to the publication of articles dealing to the benefit of the school and the members with bar and law related areas. Managing of the Review. A number of members indicated that while Editor, John Ark indicated that the traditional approach to problems is preferred, with some they were not specifically concerned with needed courses at the school, they stress placed on the solicitation of additional did think that freshmen ought to be taught interdisciplinary material. There is a surplus of how to write in a proper legal manner, articles extent dealing with social problems and possibly through mandatory moot court and the law. Rather than become swamped by the mandatory ,, whatever "relevancy of the moment is brief with oralpresentation of an appellate argument. Lawyers don't popular, an examination of the Review's they write and do research. This memorize cumulative index indicates that it has dealt is what the Law Review is all about. primarily in the traditional areas of procedure, Bernie Brodsky currently holds the position torts, constitutional law, contracts, corporations, by John Ark, of editor assisted chief, in and criminal law. Of particular importance to any one managing editor; Warren Rosenbaum, Publishing contemplating Law Review is that in a school editor; Paul Battaglia, Research editor; Clarence where class ranking and a coherent and Sundeam and Norm Leßlanc, Articles editor; understandable grading system are absent, John Spitzmiller and Arthur Dobson, casenote membership in Law Review may be the only and comment editors; and Tom Segalla, way an outsider, client or employer, has Associate editor. - - WHAT NEWSPAPER REACHES: and staff. 600+ U.B. Law School Students - Every States, it's territories, United Law School the in and Canada. - 1,300+ Alumni Undergraduate School in New York - Every 4 - year State. faculty ADVERTISING for rates and information call BS2-SOO9 or write THE OPINION 77 W. Eagle Street Buffalo, New York 14202 5 Incident at Lafayette Square by Joseph DiNardo About eight months ago, I packed away my law books and picked up Herman Hesse. He talked to me, we became friends. I followed him and grew, at least I thought I did. I read Tao I met Madam Blavatsky and I reached out to Baba Ram Dass. I looked inside for they told me that evil and hate and malice in the world could only change if each of us refused to give it, take it contribute to it. Love most of all see it all around you. Too often that becomes the impossible dream. - - Let us pretend for a moment that we are unconditioned human beings. Let our emotions go without the structures of repression usually present. For I have a story to tell: It was about 5:00 PM, Monday, September 13th and I was walking from the law school towards the County There was a gathering in the square and Bill Kunstler was addressing a mixed crowd of young and old numbering about 200. A few policemen kept the people off the street and traffic was flowing nicely. I stopped to listen. Kunstler finished and another speaker began to talk of the uprising at Attica. He told of where he thought the blame should lie. It was difficult to hear for lack of a speaker but finally that was supplied. Library. Suddenly the people Pigs are coming; Pigs, officers were walking they reached the middle the monument began to yell From nowhere 25 into the closely knit crowd. As they began to punch, kick, and club those in their way. The crowd began to spread and yet the people refused to trample the rows of flower beds they surrounded. When the police reached the steps where the speakers were assembled they began to use clubs on everyone. A woman of 40 45 years was caught in the crowd. An officer grabbed her by the shoulders, knocked her to the ground, jumped on top of her and began to shake and punch her. We began to move in large groups trying to evade what appeared to be an attack of revenge. 30 on - Pigs — The police kept following us down Main Street, periodically clubbing or punching men, women and young girls. I began to take badge numbers or names of officers I witnessed beat someone without arresting them. There was one officer that pushed the others to further violence. He was about sB with an extremely muscular build. He wasn't wearing a name tag or badge and he carried only a small black jack. I could see a tatoo beneath his short sleeve shirt, a reminder of the world war years he seemed to be reliving. At one point he shouted 'if they get in your way kick the shit out of them* his comrade complied Tin fed up, (turning to the , crowd) I*ll kiU you! A young man was walking next to me. He wore old genes a wool shirt and long curly red hairs. An officer wearing a dark blue tee-shirt with a badge sagging at the chest, a helmet, black gloves, and an especially long club grabbed this man from behind shook him foreward then back, released bin, raised his club and wacked him directly over the head making a sound that echoed off the store window. I stopped, sick, ashamed, fiercely mad, helpless. Between the fallen youth and my self passed three neatly dressed businessmen perhaps on their way to the Spur to 'unwind. They didn't even notice that two feet away four other officers had converged on a bloody, fallen man. There is obviously more. It isn't needed for its time our faces back on; we're law students or lawyers, or professors or something. We've got to analyze and fmd out if just maybe the police had legal justification. The no permit That's public interest, traffic congestion it. And so it goes on. I've got badge numbers and names. What good would it do. Those who can help or would help are already too busy. There may not be another incident of police violence for sometime to come but that isn't important. What is significant is that these men in blue will not change. They will go on, the hate will grow as society, in its silent way, assures them that they are right, that they are sane. The officers whose names I have were on the beat again today, helping old ladies across the street, giving parking tickets to VW to put - - Buses with peace stickers on them and talking about those crazy hippie freaks that support those vicious, inhuman, murders at Attica. In light of recent facts as to how those hostages really died I can only ask who belongs in prison to protect society. Sometimes, Herman, Baba Rim Dass, Madame Blontsfcy I just feel like saying Fuck it! �September 21, THE OPINION 6 1971 Advocates Answering the Question of Student Rights A high school student from North Tonawanda was recently thrown out of school. According to school authorities, the young man was suspended for the remainder of the term (a length of time in excess of three months) for allegedly muttering a aide. No hearing ■ 'four letter word' to a cafeteria 3214 was provided even though section of the State Education Law requires a hearing before a student may be suspended for more than five days. This is not unusual. According to senior Norm Rosenberg, school administrators frequently violate sections of the State Education Law in dealing with suspensions. An awareness of this fact has led Norm to help establish the school law clinic in an attempt to aid in the situation. The school law clinic consists of six students aside from Mr. Rosenberg, all of whom are. either former teachers or who have studied school law problems under Pγ o fessor Wade Newhouse. Mr. Newhouse and Professor Manak are connected with the clinic but the moving force rests with the members themselves. Explains group leader Rosenberg, himself a former teacher in New York City, 'That would be too simple an explanation. Problems are referred to us through various outside groups as well as by individuals. The case is then assigned to one of the students who researches the facts, speaks to the parents and locates the applicable law. Then the case is presented to the school officials concerned. Should there be a need for attorney at any point, Mr. Manak will make the appearance. If we run into any peculiar problems, Mr. Newhouse offers assistance.' Mr. Rosenberg as leader of the group was instrumental in its establishment. His interest in suspensions grew out of a course on education and the law. He recalls: 'I visited various Buffalo & suburban schools talking with superintendents and their representatives, it became clear that there were some abuses of the law. Practices from district to district varied greatly.' Once Rosenberg's interest was aroused Professor Newhouse, instructor of the seminar 'Schools and the Law put him in touch with the Association lots of complaints against various school districts Frequently, schools would throw out kids simply , because they couldn't deal with them. would throw .. ,, know where to turn. I think parents are intimidated the power of the schools and of things they don't understand.' Gene's first case concerned an emotionally disturbed eighth grader who was truant as a result of his emotional problem. The school being suspended. There were some meetings with system attempted to tackle the problem by community workers and the school law clinic grew transfering the student to another school. That out of it. Since that time, the group has wasn't the solution and the student persisted in streghtened its ties with the community. John staying away and his marks fell. As a result of Gorman and Lee Ginsberg have already appeared Gene's work, new psychological and mental tests before the PTA of school 38 concerning students were ordered disclosing the fact that the boy had rights and John plans to address a group meeting at an IQ between 130 and 140. After further ITB endeavoring to form a High School Student psychological study, it was arranged for the Buffalo Union in the suburban schools. The clinic is also Board of Education to provide for home tutoring. establishing ties with BILD and a BILD There, have been other cases, too. There are stories representative sits in at their meetings. of parents who've had problems with school boards Not all the clinic's cases, however are received and just can't seem to get satisfaction. In many through organizations. Former teacher Don Zolin is instances the members of the school law clinic are currently defending the son of a campus security finding out the school boards just don't really care guard who found out about the clinic through an about the students' welfare but would rather take article in the 'Reporter.' An article in Arthur Eve's the easiest 'out.* 'Challenger, prompted the mother of a seven year The City of Buffalo Board of Education alone old girl suspended from Bennet High School since has over 700 suspensions a year. That number when November to call the clinic. Lee Ginsberg is working added to the other type of problems parents on the case. encounter as well as the difficulties arising in Sometimes the cases considered have political suburban schools, offers to keep the members of overtones as the one concerning a sixteen year old the clinic pretty busy. Yet surprisingly, there has suspended for distributing the newspaper, 'Cold been no deluge. Speculates Don Zolin, 'Public Steel.' John Gorman was able to get the student schools are hurtin and the kids are getting the into night school. At other times the problem is short end of the deal. Some kids are so used to merely the recalcitrance of the school boards. Sam the treatment that they almost expect it. 1 think if Rabkin, in handling the case of a hyperactive six more people knew about the work the clinic is year old was amazed at the 'run around, the family doing in aiding parents having dificulty with school was given. The boy was first put into a BOCES boards, that we would be deluged with cases. class for multiple handicapped children. Finally a There is little doubt of the need for the school meeting was arranged between Mr. Rabkin, Mary law clinic. Problems abound concerning the Lang of the Association for Children with Learning educational system. The members of the school law Disabilities (ACLD) and a school psychiatrist, at clinic are inspired by the work they've done and which time they succeeded in having the boy placed proud of the job the clinic is doing. UB is the in a class for slow learners. Explains Sam, 'The kid only school in the Northeast ot have such a obviously didn't belong in the BOCES program. program. John Gorman speaks for the group when Those kids were sometimes deaf or retarded while he says, 'I'd like to see the program continue. this kid was just a bit hyper. I'm glad we were Students graduate and move on, VISTA workers able to get him out of there but sometimes I leave town. I'd like to see the program take wonder what would have happened if the family on a permanence that would transcend the semester. didn't know of the program? Gene Haber, another Problems in our schools don't appear to be former teacher, voices similar sentiments. 'It's really vanishing by any means.' Indeed they don't. But the school law clinic sad that most people don't know their rights and when confronted with a problem they just don't helps, just a bit. out kids simply because they couldn't deal with them' At about the "same "time a VISTA worker, Mary Ho ban, contacted Professor Newhouse. She reported there was a severe problem of students , , , Food for Body And Soul By by RighT On! Jack Gutkin am new to this city and like most newcomers I am to quite another way of living. So it was that I questioned every freak I could find as to where 1 could eat in the manner to which I was accustomed. Finally, en route to the Main Campus I found a knowledgeable hitch-hiker (The only way to find your way about a strange place is to capture a native). For fifteen minutes I pounded his ears with questions and comments (It's hard not to be sociable in a VW) It took five minutes but I was finally able to explain the gist of my intent "A peoples' food store, you know good food and people?" He was upset by my phrasing (I refused to use 'Groovy') but happy to be on his way (and out of mine) he shouted "Grider Street down that way I used - - somewhere." It took many questions and U-turns but I finally found the New Age Natural Foods Restaurant. Naturally it was closed. But after a few more attempts 1 met with success and good food at cheap prices. New Age is an unusual eating place. It is literally put together by many hands. "Change is the only Constant" is written on a "Sesame Street" like poster on one of the walls, and it is a phrase that speaks well for the character of this enterprise, indeed it is difficult to pin it down any more than that since every day boasts a hoast of different cooks, hanger-outers, juice-squeezers and mom's n' tots in front of the door. It is at the very least an interesting place to eat, and in my opinion an inimitable bargain. Meals and snacks as you like'm can range anywhere from fifteen cents for a cup of soup to a little over a dollar for a feast. The food ranges from adequate to really fine and is as varied as the ever changing chefs. And if there is enough you can take home oodles of home-made apple butter and organic bread at a nominal cost. The New Age Natural Foods Restaurant is a growing concern. Little over a year old, it will move from its present Grider Street location to a larger and more adaptable location on Film ore near Leroy (Sometime near the end of this month). I'll let the poster speak: "We are moving to a New Home; we are moving in a new direction. We are going to be designing and creating a new structure to grow in, both 1) a a new restaurant, and 2) a way of physical structure relating to each other; a form of organization to govern collectivity." ourselves There will be room for meetings, movies, selling underground papers, sharing information about cooking, food, iitilri I ion, farming, health, ecology, Amerika, and movements in - - - Itiil!.iln and the world. (continued on page 7) (continued from page 2) been spared the normally imperialistic interests of the new mandarins. It is not yet clear why America should fare better than they have. Unfortunately the worst is yet to come. Nixon is going to enter the dragon's den for reasons known only to him and his advisor, Rasputin. His announcement of the trip had the salutary effects of rendering most of his domestic critics temporarily speechless, which was wonderful, and of causing the Kremlin to howl. But our Asian allies were horrified at the prospect of an American president kow-towing his way into the blood soaked throne room of Mao, and at the prospect of what Red China mau do to them if they do not also toe the line chop-chop. So the governments of our friends are shaken for the sake of shaking up our enemies and shutting up a few redolent domestic critics, and Japan may now go nuclear because of a loss of fai th i n Anerican protection from the Chicom imperialists. The saddest part of it all is that it is all unnecessary. Nixon, or so we are told by the professional political gossips, is engaged in presidential power politics under the close supervision of Henry Machiavelli. The idea is to spook the Russians by getting chummy with the Chinese, which is supposed to result in an easing of tensions by making the Russians nervous about our nefarious schemes. Ever since Roosevelt (the bad one) we have had relations with Moscow, which has been a source of endless satisfaction to them. They are posing as the leaders of international communism, and U.S. recognition lends credibility to their claim, but U.S. recognition of Peking would strengthen Peking's claim to the same dim distinction. But more than that the Russians fear an unholy alliance between the yellow peril and the yankee dogs with the Great Socialist Motherland as the target. Instead of announcing that the Chinese are now enjoying the same diplomatic status as the Russians in the eyes of Washington, Nixon should have broken relations with Russia and announced that the Russians are now on the same diplomatic level as the Chinese Reds. Such a dramatic move by Nixon would have served notice to the world that the United States is no longer dedicated to the proposition of making love to our cn cmies, and it would have served notice to the Russians that we no longer favor them over their comrades in imperialism and genocide, the Red Chinese. Naturally it would not mean that the United States and the Kremlin would no longer talk to each other; the Russians could speak to us in the same informal manner that the Red Chinese speak to us in Poland. Or when the cold winter nights along the Volga get too much for poor old Alexei he could always call up San Clemente on the hot line and tell Dick of the latest Russian methods of stifling press criticism (firing squad). We would also let both Moscow and Peking know that we would be delighted to engage in all the diplomatic niceties with any legitmate government that takes power in their unfortunate countries. All they have to do is plow inder the concentration camps, cease engaging in subversive war against the rest of the world, and hold free elections, thereby letting a thousand flowers bloom and granting power to the people. But that is a radical proposition, and so the reactionaries and counter-revolutionaries of America, calling themselves liberals and leftists, would fight it to the death, and, to the despair of civilization, they would overcome. Our only hope for a successful China mission by Nixon is that he will take along a garden trowel and use it to lobotomize Mao. Maybe he will, tricky rascal that he is. regime �September 21, 1971 THE OPINION 7 Food Students Study in Strasbourg Three Buffalo law students, F. Haber, Peter R, Eugene Englehardt, and George E. Riedel, Jr. received grants to attend the second annual study session of the International Institute of Human Rights in Strasbourg, France. The Institute was founded by Nobel Prize winner Rene Cassin and is held each year at the Faculty of Law of the University of Strasbourg. The three week institute consists of a series of lectures and seminars in French and English given by noted professors and experts in the field of human rights, this years' theme was "Racial Discrimination and Human Rights." When a student completes two summer sessions a nd is successfully examined, he is awarded a Dilome. The ] 20 students from around the world this year explored the history of discrimination and specific national and international actions against racism and apartheid practices among nations of the world. The students were also shown, the Council of Europe and were in atten dance at the reading of judgement of an imp ortant human rights case before the Council. In commenting upon the institute, Mr. Riedel indicated that he thought the study sessions provided an excellent opportunity to meet and discuss with students .from around the world the problems of human rights and their ideas of meeting the challenge of racial discrimination. Through the efforts of Professor Thomas Buergenthal, who also participated in the (continued from page 6) Institute, and the International Legal Studies Committee it is hoped that the State University of New York at Radical living and Revolutionary ideas are the doorposts the whole concoction is rather like a media of environment the environment is the media. People come to be part of the scene and the scene changes accordingly. Those Buffalo School of Law can who work the hardest get through and send more students to study reap their harvest in their their notions carried on the course the culminative effect the Institute at in an activity takes; in fact if any one of you threw all this to the expanded joint program with wind and devoted all your energies instead to the New Age Strasbourg. Credit, two week you'd probably end up running it in a few months. So the preparation period before the next time you've had it with briefs and headaches make it on I nstitute in Buffalo, and over to the New Age Natural Foods Restaurant on Grider fun ding of the program are Street until the end of this month and then on Filmore near matters which will be brought Leroy. before the Committee 'at its first meeting. and - - Registration from (continued University at Strasbourg Bar Exam look (continued from page 3) lawyer." They unfavorably upon schools course just because that subject might be on which orient their teaching methods towards the bar. Exceptions to this advice would the bar exam- the so-called diploma mills. But include courses on civil procedure, evidence, who had taken an exam at Buffalo knows that again this is an area where myth does not conform to reality. While a teacher may stress creative thinking in class, almost all exams put a premium on memorization of trivia. One professor's exam, for example, followed the lines of tell-me-everything-youknow about subject in '/> hr. He assumed you did not know anything that was not explicitly stated, even if you presented an advanced discussion of the subject In general, the faculty often teach one thing and test another. Certain courses in law school may be of limited assistance for bar purposes. It a student has taken a course with a competent professor who stressed NY law, the student will find studying for the bar exam that much easier. We do not recommend that a student take a anyone and NY practice. Buffalo graduates in fact, have a very high failure rate on the bar exam, 30% in 1970. But, rather than teaching us how to pass the exam, we feel it would be beneficial if the faculty worked for reform or abolition of the exam. This movement has some national support with the development of a national bar exam, see "The Bar Examination: Re-examination Needed," Juris Doctor March 1971. is clear the present NY bar exam in no tests one's legal ability or legal reasoning talent. Rather, it tests one's memory of specific commercial areas of NY law. It is an c xcellent exclusionary device which obviously works to the disadvantage of activists and way It minority students. We call for its abolition. while the first year class is close to the same size it had been in previous years, it is now split into three sections, taking the time of four professors who could have been available to teach more upper division courses. Greiner responded by noting that someone is bound to get burned by a change allowing freshmen to benefit from smaller classes, namely the seniors and juniors. It was obvious from the discussion that a great many people had gotten burned. A continuing theme of the Asst. Provost's presentation and responses was that the SARA system would provide more input data on student curriculum desires, necessary for course planning and faculty recruitment, if and when promises are kept and the faculty expands to meet student needs. A subsequent SB A meeting resulted in a plan for the issuance this October of a pre-registration Bals^ttuoacks A. IVorking For tvs J/» "tte ° O<f e^* s«*«L-,ff Alumni ** // s^V/it^ , . 4 »" * ae »°VCVV «W .<«=> \ O - ''/€<&s'■■ / \ /w *J / / y?*f■ / '" - THE THitlß HapP ttiitfiy TUI b ... Production. Copy Prepralion. HELP US HELP YOU OPINION- Room eu t*w Review 216 B the Procrustean bed of whatever the faculty feels like teaching. At least the "lack of student input" cop-out will be gone. The essence of Greiner's presentation was that there is a very aggressive committment to an undergraduate curriculum, courses like American Legal History, and smaller freshmen classes, but no follow up and no support for a comprehensive upper division curriculum, and generally very poor planning. But FEAR NOT. Things won't be botched this badly next time around. Maybe. Fat lot of good that does some guy whose personal data sheet got lost in the Prudential and has nothing else open except Women and the Law, Minority Economic Development, and the Law and Social Science. You have undoubtedly noticed these topics in the Appellate Division's syllabus of Bar exam topics. Moot, Sprague would be impressed. _. "" ® .W<£> \\ B A JA V< * fl?» AT THE CENTER OF EVERYTHING AT THE LAW SCHOOL YOUR Newsp.per! ™« OWWON HELP IS NEEDED IN ALL DEPARTMENTS: 'VV V /***?. Hosts srads 0 "Z^^VstS. , J?" *t>AJ? VP , S^* Tt» page I) committments. Unfortunately, course preference questionnaire nobody notices the need, and to all students so that the the professors are wasted. facuI ty will know what we want, and we then may not One student observed that have to shape our plans to fit V fl> „>& . \* *>5>V* 'A Staff j> , r«e Gnoses New Chooses rr^^s r *J » 5» 5 J fi, A? <£> -C> o - Xl �September 21, 1971 THE OPINION 8 BulETiNBoARd STUDENT FINANCIAL PROBLEMS John Dick, a second year student, has been hired to provide assistance in the area of law student financial problems. Mr. Dick will answer student inquiries concerning financial aid, provide financial aid application forms and assist in their preparation, process all forms and papers which are needed for financial aid (including work study time sheets, and emergency loan fund requests). He will also serve as liasion between the Law School and the Main Campus, private agencies, and Local State, and National Governments on questions of financial aid. Before the end of the semester, Mr. Dick plans sources to prepare a complete listing of current financial aid, and prerequisites for qualification for each separate source of financial aid. This will be compiled into a booklet for distribution to Law Students in order to give a complete understanding of the financial aid situation. It will also give the Law School a better idea of current needs. Located on the 1 lth floor of the Prudential Building, Mr. Dick's office will be opened to of interested students Monday 9-12, Thrusday 9-1 1:30, Wednesday 1-3:30, Friday 1-5. Tuesday and 3-5, desired, year. Legal Any person presence by any impending situation this should where Observers contact LEGAL the will observers' who Gene OBSERVERS be knows at headed 881-2061. of Gene would Coffin be LEGALOBSERVERS MULTISTATE BAR EXAM LAW WIVES - The new Multis' ite Bar Examination will be The Law Wives Association is in the final in 1972. Dates of the 1972 stages of planning a very interesting and informative given for the first ti. year for the wives of students at the Law School. examinations are FeH >a.y 23 and July 26. The following plan to use the examinations in states A large membership is anticipated this year and the program will have something of interest for 1972: everyone. A new and special concern of the Kentucky Pennsylvania Association is the possibility of co-operating with Alaska Maine Rhode Island the Law Women on the establishment of a Child California Colorado Missouri South Carolina Care Center for the school. Florida • Nevada ... Legal Observers will be headed by Gene Coffin this year. Any person who knows of any impending situation where the observers' presence would be its future members. desired, should contact Gene at 881-2061. First, the annual Desmond is an intra-school event involving exact, holding explicit singles, successfully Dope presentation uprising. Square Sept. strictly increasing provided legal encounter, fund-raising bring produced $ difficulties, by bankrupt. your provided badly Chapter picnic $10.00 Smith, office, play information, by funds, Cottage couples, ACLU, chapter Workshop p.m., provide subject $5.00 Lafayette Saturday advisory light recently 883-2043. WILL Liberties and an these Island. a The be the Reickert donation The direction Than 25 fiscal CIVIL almost Posters directions. a Union and at services Buffalo at For it the LIBERTIES burden will 15.00 the at is is of further the ACLU the to Due will be Three be Ed for Get after the Black Law to own a not in Without the families. Arrow SURVIVE financial a discussion Attica School need be of Drama Job." food at local for the "It available. 3:00 which the of 1370 Entertainment and will and Included difficulties is funds IN American of Easier the contact Main has drink the BUFFALO? In the on in will to this Street" Grand affair. Attica to under their more Civil Mrs. will Get for to of be is LIBRSWTUECNIVLBUFFALO? Competition, which the preparation of a written legal brief and the subsequent oral argument of its contents before a court sitting en bane, will be scheduled and held during the second and third weeks of November. Secondly, those students who prove themselves capable and diligent in the legal skills of brief writing and oral argument in the Desmond Competition will be selected and nominated to be Moot Court Board Candidates. During the Spring semester of 1972, the Candidates will aid in the preparation of briefs for various competitions to be held between U.B. ajid other Law Schools throughout the East Coast and the Nation, and furthermore will participate in at least one of these competitions. Subsequently, in early April of 1972, there will be a determination by the vote of the Moot Court Board as to the election of the Candidates to full Board membership. The new policy is necessitated by the reason PAD FELLOWSHIPS Tennessee New Hampshire Utah As in previous years, the regular meeting will Georgia New Jersey cover a broad spectrum from topical sr .ers to Hawaii Vermont social gatherings with the husbands invite The first Illinois Wyoming Ohio Oregon event of the year will be the Annual Membership Kansas Tea on Sunday, September 26, 1971 whLh will be Applicants will apply to take the test from held in the Faculty Lounge of Harriman Library on the Main Campus. Invitations will be sent out to the board of bar examiners of the state in which they are seeking admission. Beginning in 1973, the the wives of all married students within the next week and anyone not receiving an invitation should test will be given on the last Wednesday in February and the last Wednesday in July. The notify Mrs. Stephen Borst at 834-1710 or Mrs. William Feigenbaun at 83S-0691 as soon as possible. students at your law school may be interested in information. this It should be made clear to all that the The Law Wives Association encourages all wives interested in making new friends and participating in Multistate Bar Examination is not a national bar examination in the sense that it will allow one to meaningful program join a to them. be admitted to the bars of all participating states. Each participating state will have a locally prepared MOOT COURT examination and admission to a state bar will be based on combined MBE and state prepared examination scores. There is no present plan for reciprocity between states based on the Multistate Beginning this Fall Semester (1971) at the Law Bar Examination. School, The Moot Court Board is instituting a new policy in the selection and ultimate acceptance of The Buffalo Chapter of the American Civil Liberties Union is badly in need of funds ... to be exact, almost bankrupt. Without funds, the advisory and legal services provided by the ACLU, subject to an increasing burden after Attica and the Lafayette Square encounter, will not be available. In light of these fiscal difficulties, the local chapter will be holding a fund-raising picnic at 3:00 p.m., Saturday Sept. 25 at the Three Arrow Cottage on Grand Island. Posters at the Law School will provide more explicit directions. Due to financial difficulties this is a strictly bring your own food and drink affair. The donation will be $10.00 for couples, $5.00 for singles, and $15.00 for families. Entertainment will be provided by the Black Drama Workshop under the direction of Ed Smith, which has recently successfully produced the play 'it is Easier to Get Dope Than it is to Get a Job." Included in their presentation will be a discussion of the Attica uprising. For further information, contact Mrs. has Reickert at the ACLU office, 1370 Main Street; the 883-2043. that during the past two years Moot Court earned the distinguished reputation as one of finest Boards and competitors among major Law Schools throughout the region. Therefore, in a continuing effort to maintain excellence in the area of appellate argument, it has been decided that a candidacy program will fulfill the Board's aspirations and expectations. If you anticipate entering the Desmond Competition, please contact the Moot Court Board Office located on the second floor of Eagle Street. PHI ALPHA DELTA announces the initiation of a fellowship program for minority students. Ten Law students nationally will be selected to each receive a $500 PAD Fellowship. Applicants need not be a member of PAD, but must be either a Black American, American Indian, Puerto Rican, Chicano or other Hispano STIUDEN NSURANCE American. Any interested students should pick up an application from Shirley's office. Applications will be accepted until October 1, 1971, and the winners All students who registered for insurance with the will be selected by October 15, 1971. University must stop at the 11th floor office at Prudential Building and pick up a brochure and signature card. VERY IMPORTANT NOT REGISTERED for insurance until this has been done. CREDIT FOR LEGAL BIB. - REACTNIO:GRADUATES Credit for Legal Bibliography-Legal Research courses completed here before 1970-71 will now be available. Until a Placement Office is established, Assoc. Any student who completed the course and wishes to receive one credit, may arrange to have Dean Lochner's office will be serving as a temporary any faculty member supervise a three to four week receptacle for requests by local attorneys for recent research paper. Written approval of the project must SUNYAB Law School graduates. Any recent graduate be submitted by the professor to Assoc. Dean who is looking for a position should contact Pat Lot;liner's office. Upon the successful completion of Taylor, who has a file of recent inquiries. These this project, students should insure that the employers are looking only for graduates who have _passed the professor submits a grade. Bar Examination. I '' PAD RUSH PHI ALPHA DELTA announces its annual fall rush for men and women law students. Any student interested may obtain an application from Shirley's office. Meetings are at 12:30 on Wednesday. Further information can be obtained from Mark Farrell or William Lobbins. � 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, 1971-09-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/21/1971 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/2b4a9ed952322b288a047b0cd6eafb68.pdf b2120a805cfa6c45caf100688c23a602 PDF Text Text IttOfWM FAD BUFFALO. N.Y. FHmrrwo.T»» 77W«tEMte». ■*M»,N«wVotfcl4«n O THE PINION State University of New York at Buffalo School of Law Volume 12. No. 2 Election Notice September 30. 1971 Attica Resolution Passed On the sth and 6th of October there will be held a The following unanimous resolution from a the event would result upon subsequent inquiry, Student Bar Association election for designated officers motion made by John N. Blair is the resolution b) The full disclosure of the commission's and directors. The following positions will be filled: A) President B) Secretary C) Freshman Directors D) Junior Director The seemingly premature election for Freshman Directors is necessitated by the SBA Constitution which mandates Freshman elections by October 15. The early election of Freshman representatives is advantageous in that budgetary considerations are taken up early in the passed by the S.B.A. at their Sept. 12 meeting. The Student Bar Association of the State University of New York at Buffalo, School of Law, expresses its sincere regret for the loss of life as a result of the tragedy at the Attica Correctional Facility, and extends deepest sympathy to all the families affected. Their pain and sorrow can never be removed by any explanation as to the tragic events that resulted in the loss of human life. Nevertheless, if left Fall semester for the entire academic year. unexplained, the tragedy at Attica threatens the The Election Committee would like to encourage all meaning of justice and the principles upon which members of the association to vote and take an active country must depend for its survival. interest in the election of their representatives. The this Therefore, we strongly urge the following: Committee would like to remind the Senior Class especially to get out and vote as they too will be 1. a) The immediate establishment of an affected by the decisions reached by the Student independenttotally impartial commission Government. truly representing all segments and groups of open p.m. a.m. to Polls will be from 9:00 4:00 each society to investigate the entire incident, day. including, but not limited to, the causes of its occurence, the events that transpired in its Election Committee: John Blair development and tragic terminztion, and the Richard Weinberg conduct and representations made to the public by any and all parties responsible for insuring that an objective and candid documentation of SBA Candidates The following are the candidates who will be listed on the ballot next week: Freshman Director Reed Cosper Maryann Miller Michael Karger Cyrus Kloner »i Marty Miller Mosher Jackie Larry D. Shapiro Alridge Willis E. Ross Zimmerman On Sept. 16 a conference with Professor Herman Schwartz of UB law school and Ira Glaser, director of NYACLU was held at the Niagara Frontier chapter of the ACLU, 1370 Main Street to discuss the Attica uprising. who has been active in furthering prisoners' rights at Attica, discussed the Federal Court testimony of James P. Watson, a UB law student who served with the National Guard at Attica. Watson's eyewitness testimony Secretary John Anderson emphasized the guards' brutality following the re-taking of the prison by authorities. Burke IN THIS ISSUE: Education in the sky , Attica Professor Schwartz, Hague Academy Summer Study occur. 2. Complete support for the protection of the security and rights of prisoners, guards, and employees of the institution in the pending investigations and to implement the, reforms agreed to during negotiations aimed at terminating the incident. The student body offers its complete assistance, as law students, in the research investigation and preparation of the findings and recommendations of any commission convened to deal with the issues raised because of and as a result of the Attica tragedy. not Opens Door President Linda Cleveland Malcolm L. Morris Flying High findings pointing to or specifically indicating responsibility for the total incident be imm c diately acted upon by the appropriate judicial and administrative units with a view towards full application of whatever measures are necessary to insure that subsequent tragedies shall press Philip J. Sanzone S.B.A. Meeting Study in Efficiency to any individual, official, agency, or interest group involved. c) Immediate implementation of the commission's administrative, legislative, and judicial recommendations by the appropriate governmental official or body. Furthermore, any Watson's Testimony Junior Director Sally Mendola Buffy findings, regardless of discredit or embarrassment page three At the press conference, Schwartz emphasized the difficulties lawyers had in reaching clients at Attica. from Schwartz's experienced r Page fo« incarcerated Attorneys Ira Glasser, Director of the Buffalo Chapter NYACLU, and Professor Herman Schwartz discuss the problems of the Attica defense lawyers in reaching their clients. correction reform program serves about 200 Attica (which page five Library Problems Budget squeezes and growing pains page Notes from Elsewhere News from Afar PaB= «"" Sports Shysters ride again P*& seven six prisoners), as well as attorneys reversed his refusal to allow view of the current litigation from Legal Aid of Buffalo and attorneys to confer with their docket of the ACLU. Legal Aid of New York had clients. Although attorneys were been unable to contact clients for days following their the to be admitted the following tragedy. The attorneys were day, Sept. 17, Schwartz ensuring primarily interested in expressed his unhappiness with that the civil, legal and human the delay lawyers experienced in rights of their cliengs were not violated in the aftermath of the uprising. reaching their clients. Mr. Glaser stressed Blame for what happened at Attica should fall, Mr. Glaser feels, on the public officials who failed to previously correct the dep lorable conditions at Attica. the Both Professor Schwartz and It was only after Watson's essential fairness of the Mr. Glaser are continuing their testimony, Schwartz emphasized, prisoner's demands. He felt they efforts to reform the New York that the District Attorney were reasonable, especially in State prison system. �September 30, 1971 THE OPINION 2 Editorial Letters To The Editor For Your Sake...Vote Right On? The SBA elections next Tuesday and Wednesday may well be the most important event at the Law School this year. Not only all the Freshmen Directors, but also two the most important positions in student government, the president and secretary, will be filled. A cursory glance at some of the important issues facing the SBA shows the necessity of electing responsible and capable persons to these positions. Besides deciding how to allocate over $15,000 in student funds, the body is working toward solving problems in registration, course offerings, student-faculty relations, International Legal studies, placement, financial aid, professor evaluation, social programs, facilities planning, and many other areas. It has been made obvious by recent events that student needs in many areas have been neglected. Much of the blame for this situation must be placed on the student body which has not been able to forge a well-organized and forceful student government. The most crucial part of forming this much-needed spokesman for your needs occurs next Tuesday and Wednesday. Make certain you vote and before you vote, talk to the candidates and listen to what they say. Remember, if you don't vote, you will have no grounds for complaint when in January the computer registers you for Math 111 or when you find in March that all the placement cards are eight months old. Now is the time to elect people to get things done for .. YOU. Do your part VOTEW .. . ... Letters are welcome from students, faculty, and others. The Opinion reserves the alumni, shorten letters to their too lengthy to print in Please limit letters to two Send to: The Opinion, 77 Street, Buffalo, 14202. Anonymous entirety. typewritten pages. West Eagle letters will not be ! - - ™ OPINION September 30, 1971 Vol. 12, No. 2 Editor-in-Chief- John R. Samuelson Assistant Editor Vacant Managing Editor George Riedel - -- News Editor Vacant S.B.A. Editor Vacant PhotographyEditor SamuelFried - published. - Article Editor Mike Montgomery Feature Editor Vacant — — Production Manager Vacant Business Manager Steven Leicht - Staff Writers Otto Matsch, Jeff Spencer, Rosalie Stoll, David Schubel. Columnists Otto Matsch, Jeff Spencer. Contributors Stuart Revo, Eugene Haber. Photographers Samuel Fried, Chris Belling, Linda Fried. - LETTERS TO THE EDITOR right can't make omelets without breaking heads" was To the Editor: just unbelievable. I thought Art Buchwaid wrote As a displaced New Yorker, not quite adjusted funny pieces of political satire, but he's no Right On ing read the Buffalo, to living in your Otto. Hey, I'm doing it too! column by Otto Matsch was like getting a letter "Matsch" for be contagious. Must funnier parody of from home. I haven't read a Seriously though, for anyone to write an lowbrow conservatism outside of the Daily News Editorials. Really, the only line Otto managed to article condeming "thethemaniacal blood lust of the concentration camps of leave out was the one about the only good Peking regime" and Russia and China a week after the slaughter at Commie being a dead one. The treatment of Mao as a kind of Sax Attica indicates a petrified world-view that neither Rohmer villain with the "blood soaked throne reason nor compassion is ever likely to penetrate. Barry Bassis room"— was a good touch, nostalgically evoking Class of "73 "you the whole yellow-peril era. But that line The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily thoseof the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Thrid ciass postage entered at Buffalo, New York. RiGHT ON! by \ NLG RIDES AGAIN There are those who speak of the murder of George Jackson by the prison authorities in San Quentin. George Jackson was set up, they say, by those pigs, and gunned down because he was a symbol of the blacks plight in Amerika. And they are right, at least up to a point. For he was indeed shot down by the prison guards. The trouble is though, that setting up was done not by the establishment, but by the "friends" of George Jackson. Jackson had served about eleven years for burglary on a one year to life sentence and was soon to have stood trial with two other inmates for the murder of a young prison guard while all three were in Soledad Prison. Since then the three "Soledad Brothers" had been the center of a vast fund raising and propaganda campaign in which the National Lawyers Guild was heavily involved. But the propaganda and fund raising campaigns weren't doing so welt, and it looked like the Soledad Brothers might be quickly convicted and locked away. Not a very handy thing for the Cause, which needed symbols of oppression to sucker the public with. And so the decision was made that action had to be taken to resolve the Jackson problem, something dramatic to stir the imagination of the campus sheep. An escape plan was concocted, an escape plan that could not lose. If the escape were successful, Jackson and a few others would be out of prison and quickly sent into hiding, from where they could send messages paraphrasing Cleaver and Marx and Mao, vowing death to the pigs and Reagan and Amerika. But here lay the devilish subtlety of the scheme. For if the escape failed the plan would still succeed. , - - ' - OTTO MATSCH And the escape did fail, and the plan did succeed. A martyr was born, just as planned. George Jackson was worth more to his manipulators dead than alive. Alive he would be tried, and perhaps found guilty of murder, and murderers are not the type of folks that can be glorified for the love generation, the flower children, the campus sheep. And if tried and acquitted it would only prove the System can dole out justice, even for a Soledad Brother, and even in Reagan Country. But a dead George Jackson would be a martyr, the perfect symbol of political and racial oppression. What a beautiful escape plan! What beautiful friends! Friends like Steve Bingham, Fay Stender and John Thorne. All three are members, naturally, of the infamous National Lawyers Guild. Bingham is sought by police for an alleged role in the escape attempt; the police say he brought a pistol into San Quentin and gave it to Jackson. Stender and Thorne and other NLG lawyers are under investigation by the California attorney general's office for what appears to be an astonishing abuse of visiting privileges of the bar. California officials believe NLG activities range from the smuggling of weapons and inflamatory propaganda into the prisons at San Quentin and Soledad to the discussion of escape plans and the transmittal of threats to "non aligned" prisoners. Without friends like these, Jackson would still be alive. Of course the NLG alone did not create the atmosphere of violence and counter revolution that bred Jackson's murder, the murder of five more during the escape attempt and forty more at Attica. It was a long, hard campaign to manipulate the frustrations, anger, and desperation of the prisoners at Attica sufficiently to get several hundred to rebel. The NLG's friends - - helped, too; the Black Panthers and other leftist constantly bombarded the prisoners with propaganda. Much of the propaganda came through the regular news media: years of repetitious harping about political oppression, genocide, racism. The prisoners were exploitedby their "friends," exhorted to revolt by self groups - anointed saviors, and led to death to advance the political fortunes of their puppet masters. After Attica, after the hostages had been rescued, NLG lawyer William Kmistier got up on his perch and howled and moaned about how horrible it all was. And it was horrible, and there is a serious possibility that it was horrible because of Kuns tier's activities at Attica. One of Kunstler's fellow negotiators at Attica accused Kunstler of sabotaging the talks. David Anderson, a black school official from Rochester spent 17 hours inside Attica as an inmate invited negotiator. Anderson said that until Kunstler showed up negotiations were proceeding well, that agreement was near. But Kunstler did his thing, and what had been 15 demands increased to 30. Anerson claimed Kunstler had prevented settlement. When Anderson left Attica at 4 AM on Saturday morning he "knew we had failed in keeping it calm." These statements by Anderson are not isolated; they are corroborated by simitar statements by inmates who have been released since the riot. So once again we find the NLG raising its ugly head. The motives of Kunstler and the NLG are open to speculation, but it can hardly be argued that an organization that persistently injects itself into explosive situation for the purpose of making them worse is the fun • loving bunch of idealists (continued on page S) - �September 30, THE OPINION 3 1971 S B A The Name Of The Game Is Efficiency by Michael Montgomery with a representative of the interested organization, and present a comprehensive budget to the .SBA for final determination. The Committee will consist of Treasurer Richard Weinber as Chairman, Seniors Lee Ginsburg and Mike Montgomery, and Juniors Yvonne Lewis and Bill Buscaglia. Freshman members will be elected by the body as a whole after the Freshman Directors are elected in the upcoming race. The finalized budget will not be arrived at for presentation to the SBA until the Freshman members have been elected and had time to co ntribute. The recommendations will be accompanied by a written report and explanation. NEXT SEMESTER'S COURSES The SBA meeting of 23 September commenced with a talk with Robert Barber of the Professional Curriculum Committee in regard to a course selection preference questionaire, mandated by schemoozzle with SARA which still plagues many people at Eagle Street. Lee Ginsburg proposed the questionaire to remedy the v nresponsiveness to student desires evidenced in the current semester. He suggested that every possible form to apparent provide an indication of what courses are wanted and how many want to take them, which would then be presented to the Curriculum Committee. Barber noted that the Curriculum Committee is not responsible for the scheduling of courses, but rather takes the courses suggested and checks them out with the professors capable of tea ching them for feasability and course content. If appropriate, the course- would then be recommended for approval to the faculty. If approved, the course may be offered next semester or it may be offered next year. The Curriculum Committee has no control over scheduling. I f the faculty rejects the student recommendations and preferences, at least the student body knows what sort of a problem it has to deal with. A suggestion was put forth that the questionairre include a Complaining organizations makes a motion at Friday's SBA meeting. Anderson, Acting Secretary, and Mark Farrell, President. L«e t.insherg on preferred professors for various courses, useful input in terms of a student evaluation of teacher quality. The problem of teacher assignment being rather touchy, it was decided to make this part of the form section NEW YORK PRACTICE voluntary. Apparently, there is no knowledge as of now of which faculty mem bers have been appointed to this committee. It The second issue brought up at the SBA meeting concerned a petition from members of the Senior Class that Professor Adolph Homburger teach New York Practice for this Spring Semester, and that space be provided in this vital course for all seniors who wish (o take the course. SBA support was given on this petition on executive motion of SBA President Mark Farrell. BUDGET HEADACHES was noted that there was very poor notification of meetings for student members. The form must be in by October 15 for it to be a useful tool in planning the spring semester. On platform,(L) John how to handle the approval of this year's budget was ushered in amid unsatisfactory memories of last years abortive proceedings, in which a finalized budget never gained approval. At present, the Treasurer was authorized to make ongoing disbursements to keep the will have an opportunity to present their case before the SBA, and reported back to the committee if knocked down. TELEPHONE Sally Mendola brought up the problem of student organization use of the SBA phone, which is no longer in Shirley's office due to misuse. The only phone presently available is in the presently operating organization SBA-Opinion Office at 216-b. It alive. Rather than argue the budget before the body as a whole in an imitation of last year's procedure, a Budget Committee was formed with power to request budgets from groups needing funding, The recurring problem of reviewing them at a hearing was decided to continue the present use of the phone in 216-b, when that room is open and occupied, with a sign-out sheet for users and organizations until something further can be worked out at the conclusion of the telephone strike. Real Estate The Multiple Listing System Examined BY Conclusion listed with the other members of the system and will receive a commission on the sale of any of the properties which he might sell which are "listed" for sale with another broker. In this article I am not attempting to maintain that real estate brokers make a 100% profit or that the services they perform are not of value. I am pointing out, however, that when a private group is 6% Commission The local real estate market in the western New York Area is dominated by the M-L system. One interesting facet of the system is that the member brokers set one rate for ail members which is 6% of the sale price of the home listed in the system. If that looks like price fixing to you, you are exactly right. If that looks to you like monopoly power, you are doubly right. If the M-L system was anything other than local in nature there most probably would be a clear violation of the Federal Anti-trust Laws which are aimed at just this type of price fixing which deprives the public of the major benefit of the free enterprise system. The Necessity of Price Competition A cursory reading of any basic economics text wilt reveal that the most important dynamic behind the free enterprise system is competition and the most important type of competition is price competition Price competition in the market is supposed to result in the lowest level of profit and the most efficient allocation of society's limited resources. This is obviously thwarted by the Ml. Almost any realtor you speak with will most assure you that his heart and soul are committed to a belief in the free enterprise system. To a person not often involved in large What he will not tell you is that his belief in the or an elderly couple whose "free enterprise system" is pretty much restricted to commercial transactions out of the area, selling a home those aspects of that system which will gather children have moved major and somewhat confusing a may be economic benefit to himself. probably JEFF SPENCER under t a king. To these people the services of a broker are almost a necessity. With the rate set at 6% ($l2OO on a $20,000 home) by the M-L system and most brokers belonging to that system the choice is either to agree to pay this commission or attempt to sell on their own. For these people any alternative to going to a M-L broker is unrealistic and improbable. Upon passing the New York State bar exam a new attorney may (for a small fee) apply to Albany for his real estate broker's license. If he plans to set up a real estate business he may join an organization known as the Western New York Board of Realtors and take advantage of the "Multiple Listing System," better known as the "M-L" system. Through membership in the system he receives M-L cards which describe all properties allowed to exercise monopoly economic power on its own behalf, there is a good chance that the level of profits will exceed, and in this case do exceed to a considerable extent, the level of profits in a situation governed by a price competition. The broker's may reply "and what is so bad about making a profit?" The answer, of course, lies in asking who pays for the extra profits. A home for most families is their major asset. A wage earner may work for 30 years to pay off his mortgage. If his average weekly pay is say, $150, a realtor's fee of $ 1200 represents two solid months of work by this "average" wage earner. I will leave consideration of the morality of such a fee under monopoly conditions to philosophers and social moralists. Perhaps you are now sufficiently interested in the subject to more closely examine it and draw your own conclusions. For myself, I believe that the public is not sufficiently protected from such private groups which are allowed to exercise monopoly power over an entire market to their own benefit. I believe that at the very least, state regulation of rates is necessary to protect the public interest in this area. �September 30, 1971 THE OPINION 4 by John Samuelson Photography by Samuel Fried ClAIsRNoMS THE ky You may have noticed a small sign tacked on the Junior Senior bulletin board last week which asked students in Professors Reis's Seminar to sign up for a plane trip. We saw the same sign, and the following picture story is the result. I. We were invited to come along on the trip, myself to take notes and Sam Fried to do the photography. The airport was a samll private one in Amherst near the new campus. Pictured next to the Piper Cherokee from left are John Samuelson, Jean Helimann, Sally Klough, Ellen Smythe, and Professor Robert Reis. took off, and as soon as we had reached was such a haze on a day when there were no clouds. To the south a manufacturing plant located in the middle of relatively undeveloped land, was putting up a stream of smoke that stretched for miles. It was but a small inkling of what was to come. 2. We any height, began to see why there 4. We now flew over the new amherst campus. (In the center oF the photo is the new law school building.) The entire area looked like a gigantic mud pie with sticks piled on it here and there. From the sorry condition of the terrain it was difficult to understand why some of the trees were not left standing instead of converting the area into a mud desert. 6.. .we reached the falls and for a moment forgot the things we had just seen and marvelled at the sight. Then we realised that the water passing over this glorious waterfall contained the discharges from the outflow pipes, the oil slicks, the algae, and many other contaminents which give it that peculiar odor. 5 By this time I was beginning to understand what Professor Reis meant when he said that some things cannot be communicated through textbooks in a classroom: an oil slick drifting down the Niagara river, outflow pipes discharging into the river from each industry, the green-black pattern of algae along the shorelines, and the thousands of smokestakes everywhere. 7.. .We headed back down the river going south. Buffalo a giant cloud of haze hung like a giant canopy. The extent of the pollution was evident when one could hardly see the city at all from above Grand Island, and this, remember, on a clear day. And still the smokestacks churned out more foul pollutants. Over the city of 9.. .The city of Steel, Lackawanna. From the air it looked even worse than from the ground. With no color to relieve the harshness, it was black, grey, and tightly packed. Along side the mills the water looked the worst we had seen it, with large growths of algae and much surface oil and many pollutants. It looked like tand that was dead. 3. "Do you know what a housing development looks like?" Professor Reis had asked before we had taken off. "Can you really see the difference between 10, 100, or 1,000 houses?" From our vantage point I could see what he meant. The tightly packed housed on surburban tracts were reaching out like tentacles into the near virgin woodlands that surrounded them. 8.. .This should be titled Buffalo through the you see above the city is not photography but pollution. (This was taken in bright sunshine on a cloudless day) One of the Haze. The blurring poor students remarked, "The city looks so insignificant." At that Professor Reis turned around and shouted over the sound of the engine "lesson number 1". 10.. .A» the sun started to set lower in the sky it began to turn bright red with grey and yellow streaks across it. The different colored streaks, we were told, represent different chemicals and pollutants in the air. Before the sun had gone down it was completely hidden behind the pollutants. Then as we turned for home we saw several large clouds billow up from the stacks below us, possibly to insure that air travellers tomorrow won't be cheated of the sights we saw today. �September 30, 1971 THE OPINION 5 Summer .lobs Foreign Study ' The Hague Academy Summer Clerking by Michael Montgomery show Law students are inherently poverty stricken, due to books, tuition, the occassional family, and the more-than-occassional philosophical session at the Poor House or the Beef and Ale. This reverse cash flow leads to a great paucity of funds particularly in the summertime. Some people travel or build cottages I give the Coast Guard fits by careening around my sailboatt t.. more in expense. Therefore the need for a summer job. . - - him where things are. fields of law you may never be Attorneys they let stumble able to examine in Law School, for awhile as a tonic for or barely touch upon, be it their egos. The summer clerk bailment, premises liability, or also gets used to using enforcing a divorce decree in a formbooks as the basis for foreign jurisdiction. writing up any instrument he Monetary remuneration may may be assigned lease, be a problem. A law clerk may contract franchise agreement, get paid only $2.00 an hour, - will, or whatever. You may be $80.00 for a full week, or he an ace in contracts, but have no may get lucky and find a slot idea of the proper manner of at $200.00 a week. In any - acquire at Eagle Street where not too modest. Experience on are lucky, and picking their most courses are large group brains. After stumbling around and the only writing is ground for awhile, it is possible to learn out of you on the final exam. where all the records and offices Writing for the delectation of a are in the various Federal, State, sen ior partner will definitely County and City office p vsh you to make a more buildings. The best thing to do careful analysis of what is going the first time you have to go on than you might make at and find something is to get school. This will enable you to into what you think is the right slice through the layers of the section and then adopt an onion to get at the needed facts innocent and lost expression. At for the opposing sides of the least half of that is easy. There case when you get back to are all sorts of white-haired old commercial paper, labor law, or ladies wandering around who are whatever field of interest you more than happy to help a may have. You will find working law student out and Haber The Hague Academy of International Law is perhaps the most prestigious institution involved with international legal studies in the world. Situated adjacent to the International Court of Justice at the Hague, Netherlands, the Academy offers workshops every summer in the areas of public and private international transactions. The proximity of the World Court with its unique facilities provides an ideal setting for a law student to involve himself in research into relevant legal subject fields. Thus, it was with high expectations that I ventured this past summer on a preparing one, having seen in event, money now is not so personal vacation-study program. cases but the vestiges of a job crucial as contacts which you somebody else seems to have can make for obtaining a botched. Fear not, for there is position after graduation for a bound to be somethigh in rather more-than-nominal salary. Bender's, McKinney's, or Am PRACTICAL EXPERIENCE Jure that is sufficiently close to what you are supposed to THE JOB SEARCH There are high-paying jobs prepare that you can fake it availabe such as being a without a great deal of In looking for a summer job, butcher, ha ck-driver, or gas alteration. you might go through Dean station jockey; but a summer Lochner's office, which is job which is most rewarding for LEGAL ANALYSIS presently handling Placement. It the long run is clerking for a might be noted that our local law firm on a full- or Experience in legal writing school's track record for part-time basis, whichever you and analysis is another plus to placement facilities is abysmal. can get. be gained from working for a At any rate, they might be of Clerking is an excellent law firm over the summer. The some help, primarily in advising learning experience. You get mechanics and expertise you on the preparation of a used to talking to other people, developed in writing are hard to proper resume. Be modest, but lawyers and even clients if you by Eugene around yourself learning a lot about Law Review or Moot Court is an excellent calling card, but it is unli k ely that any futu re employer will be fascinated by your collection of early Spanish Inquisition thumbscrews of unless he does a lot collection work. Don't hesitate to use any personal contacts you may have developed, friends of the family, business contacts, golfing friends, anything. Good hunting. Due to the scarcity of jobs in the Buffalo area, you will need it if you plan to work here, so start as early as possible. Like tomorrow. THE CITY The Hague is an its housing of the International City in all respects due International Court of Justice. It mainly to is also a picturesque city with literally hundreds of canals weaving through the numerous parks which account for so much of the Hague's acreage. In addition, the city contains a few small art museums, knows the Dutch Parliament and hosts a variety of tourist attractions; but in no way can it be labeled a major center of European culture or night life. Thus, there are few diversions for the student who seriously desires to involve himself in study. PROGRAM OF STUDY The Academy's program consists of daily lectures by scholars, diplomats and authorities in wide-ranging fields. It runs over a period of six weeks, equally divided between private and public international law. I attended the latter. This year the public law session was anchored by J.E. Fawcett of the Royal Institute of International Affairs, London, who presented fifteen lectures in his general course. Mr. Fawcett used the notion of Jurisdiction, its recognition and delimitation, as a jumping off point to explain new concepts in the public international law field. However, his rather dry and detached manner of speaking made his lectures quite tedious. His rather elementary treatment of the subject matter was not warranted before a student body of high academic quality, and consequently caused many to lose interest in his presentments. In contrast, M. C. R. Dunbar, Dean of the Faculty of Law of the University of Tasmania, gave just treatment to the topic of Sovereign Immunity. His comparative treatment of the subject, between Britain, France and Belgium suggested that domestic courts must break away from the traditional concepts of sovereignty, independence and equality, and recognize that a state today has a profound commercial relationship with private individuals. Mr. Dunbar's appealing manner of speaking made his effort engrossing and was, in this writer's opinion, the best individual showing at the session. - INTERPRETATION OF TREATIES RiGHT ON! Another area of discourse was that of the interpretation of treaties. The Vienna Convention on Treaty Interpretation, which is currently in session, provided the authorities who offered accounts of their experiences in attempting to draft the "Treaty on (continued from page 2) Treaties". Such imminent scholars as F. Capor of the University of it claims to be. Which figures, considering its Clairvaux Prison in France. Clairvaux Naples, who spoke on F.xtention and Supervision of Treaties and is considered background. The NLG was founded in 1937 and by prison authroities as a showpiece prison of the T. O. Elias, Attc.Mcy General of the Federation of Nigeria, who quickly earned the title of "the legal bulwark of French penal system: one of the most modern in gave a simple but lucid explanation on the Validity of Treaties, the Communist party" by HCUA. Since then it the world. Each prisoner has his own cell (central helped to explain the nature of this first attempt to codify the had been dying in festering silence, but with the heating, however ) with hot and cold running Law on the interpretation of treaties. Mr. Elias, by emphasizing in rise of counter revolutionary groups in the past water. He has access to newspapers and his lectures the needs of newly developing nations, showed that few years it has begun to spread again and has a magazines, a common room with radio and law treaties that are now in force between former colonial powers membership of about 3,000. It is involved up to television, and a modern movie theater where and third world nations might be subject to being delcared void. its ears in the San Quentin shoot out, the films are shown before release to the general Attica shoot out, and a massive propaganda public. The food is high quality. Tuesday's menu AREA OF GREATEST INTEREST campaign to freak out the nation through featured stuffed chicken breast with wine sauce. political legal pressure tactics. Those among us, Tuesday also featured a prison riot. Some of The subject area that drew the greatest amount of student and those among the bleeding hearts who feel the prisoners barricaded themselves in one of the interest was that of Disarmament and International Law. The that the real cause of Attica and other prison prison buildings along with two hostages and highlight of the entire program came the first week of the session riots is the "inhumane" climate of prison ought demanded freedom, money and weapons. The when A. S. Fisher, former representative of the United States to to stop for a moment and consider the role of police refused. The hostages were killed, their the SALT talks under the Johnson Administration, and presently wing counter the NLG and other left throats cut by the inmates. The police then Dean of the Georgetown University Law Center, gave two lectures revolutionary gangs in promoting the deaths of stormed the barricades. (Police brutality on U. S. attitudes towards disarmament and arms control. He was guards and prisoners at various institutions, a role everywhere you go, police brutality). So tell me, followed by O. V. Bogdanov from the Institute of International that comes damn close to conspiracy to murder. bleeding hearts, why did they riot. Inhumane Relations, Moscow, who expressed the Soviet viewpoint regarding They might also consider the events at conditions? Or was ii Vietnam? arms delimitations. Noteworthy was the fact that each side seemed to recognize an obligation to disarm but due to the novelty and uniqueness of modern weaponry, methods of disarming has proved WHAT NEWSPAPER REACHES: to be the major stumbling block. I found Mr. Bogdanov surprisingly astute and believed his legal arguments to be quite 6001- U.B. Law School Students faculty and staff. sound. Every Law School in the United States, it's territories, Following Messrs. Fisher and Bogdanov was Professor E. Stein of the Law School of the University of Michigan who objectively and Canada. cateogrized and explained the present status of disarmament by ex1,300+ Alumni posing the present treaties for what they are worth. He showed that the United States and the Senate will only agree to provisions Every 4 year Undergraduate School in New York if they will not weaken their respective military positions. For exState. ample the banning of nuclear type missiles from the ocean floor seems to be an advance toward peace. Yet, if one were to measure the strategic value of such permanent launching pads on the for rates and information call ocean's bottom, which could easily be destroyed by the opposite 852-5009 side, via a vis a submarine that not only could launch nuclear or write type missiles, but has infinitely less chance of being detected, let alone destroyed, it would become rather apparent why the two THE OPINION major powers agreed to ban only the former. Mr. Steins scholary 77 W. Eagle Street discourse, coming on the heels of the expression of the United Buffalo, New York 14202 (continued on page 8) - - • - - - - - - - ADVERTISING - - - �September 30, THE OPINION 6 1971 Interview With Librarian Space and Personnel Problems Plague Library by Otto Matsch even study rooms where people can study and converse together without disturbing the rest of the library the way they now do. The new library will have a staff of at least 25, and Wenger emphasized that there will be plenty for all of them to work on. The new building also has provisions for computer terminals to aid in research. The MEA D E sy stem, now under planning, will be installed if successful, and there will the international and law library in room 109 serendipitous and books will probably have ta the Opinion was be shelved on top of the scarce Through circumstances to obtain an exclusive interview with Larry G. Wenger, the NCOIC of the law school library. Wenger, a graduate of the University of Washington law school and sporting a master's degree in library science from Simmons College, spoke of the library's problems and aspirations with our reporter. He pointed out that less than ten years ago the University of Buffalo law school had one of the smallest law school libraries in the nation, a mere 30,000 volumes, and that it now ranks in the top 25 with a collection 145,000 of approximately able in foreign bookcases in the near future. Another problem is seating space, especially during the 1t AM to 1 PM crunch. There just is no more room for more seats. There is also a shortage of staff personnel. Now numbering thirteen, Wenger said they could use at least four more right away, but that a hiring freeze imposed by the university prevented probably be computerized bibliographies. Wenger insisted that under no circumstances will the terminals tie in with SARA. Another innovation is a special room for listening to tapes and viewing microfilm. [Another this.. example of the shaft from main 1 Five top-rate people have been transferred from other parts of the university library. Four are at work on the volumes, and that after the third floor concentrating on library has installed itself in the student services. A new new building it will boast about reference librarian is organizing 300,000. Just keeping up with our present mess of legislative the increase so far has been a histories, committee reports and big problem for the present other documents into a library. Only about one-half of coherent, easily accessible our books are here in the law system for use by students and school, the rest are either faculty engaged in research. The shelved on the six and seventh budget cut is also impairing floors of the Prudential Building library services. Price increases or in storage at the Bell plant in materials have increased at on Elmwood Avenue. Wenger about 10% per year recently. emphasized that even the books Coupled with a cutback in at Bell are indexed and easily funds the library is cutting back accessible. on the browsing library, current subscriptions and loose leaf For the present the library is services. Wenger added saddled with a number of optimistically that next year, serious problems. Shelf space moving year, the library hopes was increased this summer and to receive extra monies for is expected to be adequate for moving expenses and for back the next eighteen months, by buying to complete collections, which time the new law which will greatly aid research. building will be completed in The back buying will also fill in Amherst (ho ho ho). "As long volumes commandeered by as we don't move too long after hungry scholars. Asked about completion we'll be OK," smiled | book losses through theft campus. Asked about immediate plans for the library Wenger said the main goal this year was to do more in public services through better reference service and with library loans with other libraries in the state university system. The library also plans to work more closely with state bar associations to provide materials for lawyers all over the state that they cannot obtain locally. Already this year the reference services for students have been expanded and extended to Librarian Larry Wenger ponders solutions to the many problems evenings and weekends. Wenger hopes to have a -reference facing the growing library. bibliography for use by students available soon. The present intensive work continues on stolen, that the general case was ! new law building will solve organizing collections and problems. There will be these getting the card catalogue up to that a student simply did not check out the book he (or she) adequate shelf space-about six date. of the floors will be seven removing premises. was from the out An inventory will be taken next dc vo ted to the taw library. So it is onward and upward summer to determine exactly Different collections such as in the law library, with new what is missing and needs to be foreign law and international buildings, new clickity-click replaced. law will tentatively be on gadgets and new students. different floors. There will be Semper excelsior, semper fidelis, Hopefully the move to the hundreds of study carols and semper in situ. . , : Notes Frown Elsewhere < Wenger. But, he added, shelf Wenger advanced space was already getting very that few books the opinion were actually into five states positions open their would be plenty of governmental for neophyte attorneys. Even people on University of Texas Law Review are getting fewer offers. The average Texas Law Forum starting salary for these heroes was about $13,000 FAULT INSURANCE NO the rest of us peasants were down to about Texas is of University $8,400-$ 10,200. Texas is suffering the slowest Dean Page Keeton of the co-author, with Charles CTConnell, of a no-fault employment period in ten years. Women students are insurance plan which is presently before a number of having a particularly difficult problem because by Michael L. Montgomery — > state legislatures for approval. The objective of this employers seem unable to accept women as attorneys, plan is to replace the fault system only partially. Dean and consider there to be a problem of permanence for Keeton proposes to eliminate small claims from the married distaff lawyers who would follow their fault system and guarantee recovery to a victim up to husbands if the moved. a certain amount. Under this plan, the victim is Denver Law Forum University of Denver College of Law guaranteed recovery up to $10,000, exclusive of pain RAPE IS A PANE and suffering. Observant students in Denver noticed a New York 1) Each owner of a car would mandalorily carry insurance for owners and occupants, claims by or case wherein a landlord was held liable for the rape of against whom would be made directly against the a young woman because he allegedly failed to repair a insurance company. The guaranteed protection benefits window through which the rapist entered. This decision replacing negligence actions would apply to bodily opens up potential new avenues of action against slumlords who fail to make essential repairs. My eyes injuries only. 2) Periodic payments would be made as losses occur. glaze over the thought. FACULTY FLUNKS Reimbursement would be limited to net loss collateral sources of recovery, presumably things like Denver is no different than the dismal City of Blue Cross, would be subtracted. The first $100 of Buffalo in professorial tardiness in doling out grades. recovery would be deductible. There would be an Denver is on a four semester syste, and many students assigned claims plan for non-residents, and residents did not find out that they had flunked out until after would receive coverage for out of state injuries. The the beginning of the next quarter. A seven week delay policy holder must provide for damage to others caused is not uncommon. The students propose a two week by negligence, or for his own damage if he is at fault time limit, with one week extensions for unusual proposed by the Automobile A rival plan was situations granted upon petition to faculty student Insurance Association, not representative of the committee with equal representation.a Penalties would majority of the insurance industry. This entailed a complete elimination of the fault system, thus result in a witholding of faculty paychecks. That would hurt. ! eliminating the expensive trial process and recoveries University of North Carolina for pain and suffering. Loss of earnings recovery would Law Record have a limit of $750 per month, but no temporal limit. SOUTHERN HONOR Insurance would follow the car owner and his family, The Law Record from the Tarheel State noted that not the car. Motorists would assume the risk of damage Robert E. Lee and the South, loser in a savage civil to their automobiles. war, would never have countenanced the the brutality PLACEMENT BLUES allegedly committed by Lieutenant Calley. Was not Things are gloomy all over, even in the great land ofi Calley a Georgia boy? Blood runs thin over the passage Texas. Perhaps if they exercized their option to split of time. - : Company's Comin Belgian Students to Visit Law School The Faculty of Law and Jurisprudence of the State University of New York at Buffalo will be the host to 20 Belgian law students and 2 faculty members November 16 through 25. Professor Thomas Buergenthal, George Riede), Jean Hellmann, and William Buscaglia, all members of the International Legal Studies Committee, and Peter Engelhardt met Friday, September 24 to plan the visit and necessary arrangements for their Buffalo stay. The students will attend classes at the law school and observe American jurisprudence in the courts while they are here. Tentative plans call for a tour of the Main Campus and reception, a trip to Niagara Falls, visits to area law firms, and a day in Toronto observing Canadian jurisprudence and legal education. It is hoped that a one day seminar can be arranged on topics relative to international problems the U.S. is involved in. Professor Dr. B. De Schutter, Assistant-Director for the program, has asked that these topics include: United States attitude toward the U.N., the China Problem, and Vietnam and the My Lai case. HELP NEEDED Student help is greatly needed in organizing this visit. One of the greatest areas of need will be that of accommodations for these 20 students. Any student who has extra room for one or two Belgian students please leave your name, address, telephone number, and number of students you can accommodate with George Riedel, room 2161-B, ext. 30. Both faculty and student effort will be needed to help co-ordinate this visit and make it a profitable and meaningful experience for our guests. �September 30, 1971 THE OPINION 7 Sports Ginsburg, Roberts Star As Shysters Wallop Ex-Varsity by Stu Revo, as told to Mike Montgomery lead by U.B. star Rick return superhero for the For the last two years, the Shysters have reached the finals in a 36 team league only to lose by a heartbreaker of one point. This year the Shysters can win the lot with 11 out of 12 last season stars returning and a good stable of rookies to back them up. A substantial indication of the Shyster's unslakeable thirst for victory was the Shyster's big win over what was touted as the best team in the league in their first The Eagles made the first score on a bad Shyster 3rd down and 40 to go. The Eagle Street blitz at squad came back with a circus catch by Stu Revo for four yards. Doug Roberts made the touchdown on a pass from Martin. The Shysters missed the extra point, as they did on every attempted conversion, probably just to keep the morale of their opponents from sinking too low. Ginsburg intercepted an Eagle pass on the next series of plays, followed by a Martin-Ginsburg ballet for the touchdown. The next series was like an instant replay hosted by Howard Cosell as sticky STELLAR TEAM - Wells and Steve Ryan, kickoff defunct University squad. THE GAME game. As far as the team is concerned, Dan Martin is the best quarterback in the league, having been second string for the defunct U.B. Bulls. A super-brainy quarterback with excellent utilization of his secondary receivers Roberts' and Revo, far-sighted Martin gives a terrific uplift to an already spirited team. The second star of the team is the versatile Lee Ginsburg, who plays deep safety on defense, and spells off Stu Revo and Doug Roberts on offensive end. The other offensive members of the team are Bill Peltz and Tom Parmelee as blocking backs, and last year's reserve Don Kaplan demonstrating his expertise at center. The entire defense of last year's stellar team returned intact. The great backfield consists of speedy Bob Livoti, who can run the hundred in less than ten seconds, the greyhound-like Lee Ginsburg, and Vinny Tracy, the biggest and best hatchet man in the league. Tracy plays with abandon, and would run into a wall for fun and bring it down. Jerry Solomon puts in a sterling Stars fingers Ginsburg intercepted another pass for the third SKyster TD against the hapless Eagles. At the end of the half the score was 18-13 after the second Eagles score. The second stanza saw the frustration of a Shyster Four Shysters relax across from Eagle Street building power drive to the one yard line of their opponents, From left: Stu Revo, Bob Livoti, Bill Peltz, Roger followed by a third interception by ace Ginsburg, Stone. leading to the final score of the game on a Martin pass to receiver Roberts. The Shysters switched to a running game to kill the clock and emerged with a victory as a performance as middle-linebacker. The defensive rush heavy favorite to win a well-deserved league consists of Sam Newman, Lonnie Tishman, Roger championship. Stone, and Tom Parmelee, all vying for starting To complement the stellar playing of the Eagle positions. Senior rookie Stone is tough and quick, a Street team the Law Students should attend the games, good asset to match up with the returning aces. which are held on the main campus near Clark Gymn. The opening game of the season, harbinger of many The next game is scheduled for Wednesday, October 6 ensuing victories, pitted the Shysters against the Eagles. with the Sammies as prospective victims. How I Spent My Summer Vacation By Alan Minsker Although he was never knighted, Isambard Kingdon Brunei, the only son of Sir Marc Brunei, was a very brilliant engineer, indeed, possessing an originality and genius at least equal to that of his ennobled father. At the age of twenty-seven, Isambard K. Brunei was in charge of constructing the Great Western Railway from Paddington to Bristol via Uxbridge, Middlesex. Until the construction of the Great Western which began in 1833, all railroads in England, on the Continent, and in the United States of America employed a four foot, eight inch, gauge for an historical reason: Roman chariots and ox carts had spans of four feet eight inches between their wheels. The span had become standardized during the Middle Ages, and no one perceived a need for modifying the length with the advent of engines capable of superequestrian speeds. Since the distance between train wheels was four feet, eight inches, the rail gauge was set to match the engine and cars. While the Roman gauge had proved workable for early ninteenth century railroads, Brunei was convinced it was not the optimum gauge for massive fast-moving trains. Having isolated all the pertinent engineering variables, Brunei concluded that the opt i murn gauge should be seven feet. This would maximize speed, stability, and cargo-carrying ability. Brunei saw to it, therefore, that the Great Western was constructed with seven foot gauge. But the traditio nalists would not succumb to mere rationality, and the "battle of the gauges" was begun. Unfortunately, for the Great Western and the Perm-Central Railroads, after three decades of battle, the four foot, eight inch gaugers prevailed over the seven foot gaugers. All of the original Great Western rail has been dug up, and cut into small sections, borders some of which form a fence whichUniversity the Western side of the Brunei campus. I seriously doubt whether over twenty-five per cent of my fellow law students are aware of this fact. I also seriously doubt whether more than five of the one hundred ten American law students who attended the 1971 Notre Dame Summer Law Program at Uxbridge, Middlesex were aware of this fact either. The latter I truly lament although I am aware of the maxim regarding realistic Isambard expectations. (continued on page 8) •- . . . - ACROSS 1 en 5. defeats 10. ask for, in court 14. nodge podge 15. turn back 16. staple food 17. fasting period Iβ tOIZH* r.hhr 1 gK anions : e d position p »d '"rr in f« r' '" 1 I.111;." 11 (d.n.i 40. leg (slang) 8 46 Waahintton's \\. 100 , „,„ ,„ , , 6 eater g,.ou p 62 n tiye (var 63 Canadian group (abbr.) r It. 29. praised Iα ,„ Crossword No.l 49. fix 61. what's up 52. breakfast treat birli 39 57 58 patt of a husband's estate |etters 60 Greek y, nle 64, 5ntp , unjt "•own"'"'l rabbit , P Mtic wotd 7 connict for Abe Linco n 8. Grend . Mts! je^bord ,„, 44 farmers 46. some poetry of Ughtnlllg j , 31. «p»nge 39. 2 6 12. pituitary hormone 13. aye judge tries not to do 23 look into a caße ,|eck 25 2e kin hotee France 27 28 cho |er 30. game warden's limit 21..what a JSi ffJSS. e6.onebos.,. hicte c Hedges Brigade 9- Di«card, as in pinochle in tennta 10. midweat m Answers will appear in the next edition of All Rifhts Reamed 62. sharpen 63 .eight (pref.) 6< ltad 65. Hindu deity 56. V ot 57. once around the 69. .ununer m Pans The Opinion track �September 30, 1971 THE OPINION 8 BBulETiN oARd ATTENTION ALL PROSPECTIVE MEMBERS OF PHI ALPHADELTA Phi Alpha Delta International Law Fraternity, Carlos Alden Chapter, will be conducting its semester rush program from now thru Monday, October 4, 1971. The Fraternity's activities this year will include a judicial symposium on Nov. 17 involving local members of the bench and bar to be held at a downtown location, an Inns of Court program for those interested in becoming trial attorneys, and a monthly luncheon program with prominent attorneys from the area as guest speakers. Application blanks may be picked up from Shirley's office or by contacting Mark Farrell, Bill Lobbins, or Tim Kane. MARINO BAR REVIEW COURSE WORI WORK STUDY OR NATIONAL LOANS DEFENSE LOANS The Financial Aid Office on Main Campus has The Marino Bar Review course will be given here during this semester starting in January for those taking notified us that all students who have not accepted awards may have the N.Y. Bar Exam in March. Tapes will start within their work study or national defense the next two weeks (Two tapes a week, choice of 2 their awards withdrawn. The deadline for accepting your is and award noted on award notice. your for both fall day). times a The Cost is $185.00 With the current pressure for the limited funds spring sessions. A check can be left with Shirley. For available, the office, if not notified of your intentions, information contact Larry Schapiro. may allocate the monie to other needy students. Please that insure that you notify the office in writing you plan to accept or reject your award. National Defense your In order to find out if Loan Check has arrived call 831-4735. - - SCOMENT PEAKER THE ADVOCATE (YEARBOOK) Any senior who wishes to suggest a graduation speaker leave his or her suggestion office before Friday, October 1. All persons who have indicated in the past or are presently interested in working on The Advocate please contact Mark Farrell at the earliest possible date so may in the .box at Shirley's REQUIREMENTS GRADUTION following schedule contains the revised graduation requirements for all classes. FIRST YEAR (Class of 1974) The following courses are required for first year students in the Fall Semester: Contracts(a), Criminal The LAW SCHOOL SERVICES FUND PROGRAM One of the activities of the ABA Law Student for the 1971-72 school year will be the Law Services Fund Program. This year the Law Division School Student wdl be Division has approximately $20,000 which allocated via this program on a matching-fund grant basis to law school projects. By means of these grants, the Divison expects to encourage the implementation PROFESSOR'S OFFICE HOURS and expansion of student projects by law schools and Professor's hours which were not listed in the last organized bar associations. Opinion include: Last year the Law Student Division, through this program, was able to materially aid such projects as: a DONEGAN, Charles 604 Tues., Thurs.', Fri. 3-5 national environmental conference, legal aid clinics, speakers programs, legal services to federal inmates, Open hours will be posted KAPLAN, Milton 636 consumer education and legal aid programs, a every week in Room 638 symposium of Indian legal problems, Model Court Rule GREINER, William I lth Fl. Appointments through Law, Property, Torts(a), and Legal Research. For the Spring Semester, first year students are required to take Civil Procedure(a), Contracts(b), Torts(b), a Seminar, and an elective, which can be either Administrative Law, Constitutional Law(a), or Environmental Management. All courses carry three (3) hours credit except Criminal Law (4), and Legal Research(l). SECOND AND THIRD YEARS Required courses in the second and third years are: Constitutional Law(a), (fall or spring semester of second year if not taken during 1971 summer session); Taxation*a),(either semester of second or third year); and a Seminar(during second or third year). All courses carry three (3) hours credit. projects, and a juvenile probation program. With an sectv Prud. expanded budget, the program should be tremendously REQUIRED HOURS effective this year. A minimum of twelve(l2) hours must be taken each plus an additional six(6) hours over two THREE OR FOUR YEAR PROGRAM SWITCHES semester, Application deadlines are as follows: semesters. The maximum number of hours allowed per The Court of Appeals sets standards for graduation semester is fifteen* 15). The total number of hours Dates under the four year and the three year programs. Not required during the second and third years is fifty-four Type of Application October 25, 1971 One year projects and projects only are there hours of class work which must be (54). satisfied but, in addition, the student must remain in for the fall semester. FONHRUEMDG BFS RADUATION residence a certain number of weeks. Students who The total number of hours taken needed for February 2, 1972 Projects for the spring semester. switch from one to the other program should graduation for each class is as follows: One day projects and projects April 1, 1972 understand that, though they may be able to fulfill less than one month. Class of 1972 80 hours credit requirements, they may not fulfill the Class of 1973 81 hours residence-weeks requirements. It is recommended that Class of 1974 83 hours students with questions about whether they have Of these hours taken, it is necessary that students in Information is available either from The Opinion or the successfully completed residence requirements should all classes have successfully completed seventy-two(72) ABA Law Student Division representative, Mark Farrell. see the Registrar. credit hours. -- - Hague (continued from Summer Vacation page S) States and Soviet views, (continued from page 7) proved to be an effective scheme for understanding the problems involved in "saving our children from the scourge of war." geography, VALUE OF SESSION In retrospect, the session at the Hague can be an invaluable experience for any law student. Yet it was outside the lecture hall, in the lounges, at the lunch tables and at the receptions that the true exchange of ideas took place. The ascertainment of a foreigner's views on current world problems at a tete-atete level really made attendance of the session worthwhile. However, one should be forewarned that if he plans to attend the Hague Academy with "vacation first" in his mind, he will be greatly disappointed. Quite simply, there is much to be gained for the - was law school like in England?", Law and Tec hnology by David Link, and ask. Well, 1 can describe the facilities, International Business Transactions were two and courses offered, but any further unique courses prepared especially for the comments must be purely subjective. summer program. Both were taught by the As you might have already deducted, the "problem method" rather than the traditional program was held at Brunei University which is casebook method. In IBT, this meant writing a located on the outskirts of Uxbridge, paper on how one might go about setting up Middlesex. Uxbridge is a small community a foreign corporation (justifying the roughly ten miles West of the center of manufacture of a particular in a given country London. was generally the subject of the papers). Law The University is the most recently and Technology dealt with the impact of chartered institution in England. It has three computers on the law. As part of the course, halls of residence, a student union, a classroom a demonstration was given in which a building, and two libraries. The overall computer in London communicated with a archetextural impression is similar to that of a computer in Ohio to search out certain aspects typical small American campus. The institution of Ohio tax law. Rating the overall program is very difficult offers degrees in engineering, social science, and law. and very subjective. [ believe that everyone The summer program (which was not part had mixed feelings about its success. Living in of the Brunei curriculum but rather a creation England, the contributions of the barristers, of Notre Dame Law School, Notre Dame, and the quality of the courses were definite Indiana) offered seven courses taught by three pluses. The partial isolation of the Brunei American professors and three English campus, and the attitudes of many of the barristers: British Land Use Systems by John American law students were possibly minuses. Devlon, English and American Criminal Another factor, which would affect only New Procedure by Kenneth Delevons, Trusts by York students, is the difficulty of having the George W. Keeton, Federal Courts by Peter credits accepted by the Court of Appeals for Thornton, Negotiable Instruments by Murphy, the purpose of residency. "What you serious minded student who plans to devote his full attention to the daily lectures. This is not to say that all of one's time need be spent at study, for there are various pleasurable activities available, in and around The Hague, but the atmosphere is one for work and not play. Anyone interested in the program should write to the Hague Academy of International Law, The Peace Palace, The Hague, Netherlands for a bulletin of information and an application for attendance. � 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, 1971-09-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/30/1971 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/9df93e2a8205ddb3b60338669f0458ca.pdf 20bed720fb1b79d6c342e9a154dd1a08 PDF Text Text TWO*-*-77 Wilt MB at BUFFALO, NY. mm* no. 7M ■rffcte. NmYorfc 14302 Volume 12, No. THO E PINION 3 State University of New York at Buffalo School of Law October 14,1971 Morris, Anderson Elected in SBA by John Samuelson Miss Mendola received less than 50% of the votes because of the 12 write-in Malcolm L. Morris has been elected President of the Student Bar Association for the 1971-72 academic year. Elected Secretary was John Anderson. Sally Mendola was chosen Junior Director and Mary Ann Hawco, Reed Cosper, Michael Karger, Aldridge Willis, Larry D. Shapiro, and E. Ross Zimmerman were elected to fill the positions of Freshmen Directors. votes cast. Slate Ticket Six of the candidates for Freshmen Director ran together on the Slate ticket, promising to work together for the betterment of student government. Of these six, five were elected. These were: Mary Ann Hawco, Reed Cosper, Michael Karger, Larry D. Shapiro, and E. Ross Zimmerman. The lone independent candidate elected was Aldridge Willis. TOTALS Mr. Morris won a clear majority over his opponent Linda Cleveland, 208 votes to 133. The results in the race for Secretary were similar with John Anderson polling 205 votes to Buff'y Burk's 139. A very close, race was recorded in the contest for Junior Director with Sally Mendola edging Philip Zanzone 58 to 51 with 12 write-in ballots cast. The totals for the Freshmen races were: Mary Ann Hawco, 91, Reed Cosper, 88, Michael Karger, 80, Aldridge Willis, 79, Larry D. Shapiro, 77, E. Ross Zimmerman, 69, Marty Miller, 62, Jackie Mosher, 62, and Cyrus Kloner, 60. GOOD TURNOUT The election drew a good turnout from t he student body with 412 students voting out of a possible 619. The percentage of students voting for the respective classes were Freshman 77%, Juniors 57%, and Seniors 67%. It was especially interesting to see the S. Mendola M. Hawco Resignations large turnout by the Senior class which is traditionally apathetic toward student elections. in the past. Minority Director PRESIDENTIAL CAMPAIGN Mr. Morris conducted an individual and c ndorsed no other candidates. Miss Cleveland endorsed candidates for each of the other offices and there seemed to be v slight coat-tail effect between her and them. The telling points in the campaign seemed to be a greater familiarity with Mr. Morris among the student body, a regard for his past experience in the S.B.A. as Director and Treasurer, and a tendancy among the predominantly male student body to vote for a male candidate. The size of the vote for Miss Cleveland indicates that this attitude is much less widespread than campaign M. Karger The sucessful candidate for Junior Director, Sally Mendola, will take her place on the Board of Directors despite the fact that she received less than 50% of the votes cast. Election Committee Chairman John Blair announced that there is no provision that any. candidate for the Student Bar Association be elected by a majority of the voles cast in the S.B.A. Constitution. Citing the case concerning the election of Senator James Buckley of New York, Mr. Blair commented that unless a provision is enacted by the S.B.A. for future elections, no candidate will have tv receive more than a plurality of the votes cast. A. Willis R. Cusper The elections for President, Secretary, and Junior Director were necessitated by the resignations of the persons in those offices this fall. Paul Cardon, who was elected last spring, was forced to resign for personal reasons from the President's office. The former Secretary, David Sands, withdrew in order to work full time on the Buffalo Law Review. Robert Wall resigned from the position of Junior Director as he was withdrawing from the law school. Installation page two I Shapiro DedicatonIssue Problem Solver Lochnerftackles Law School's woes Dean Hyman 25 Years of service Law and Medicine New field for law school page five page six page seven Poverty Hill Wilderness area for students Bulletin Board Courses Things we'd like to see? Shyster's Lose Holy Cow! page eight page nine page eleven , The officers and Directors were installed at the Friday, October Bth meeting of the Student Bar Association where the Presidential gaval was handed over to Malcolm Morris from Acting President Mark Farrell. IN THIS ISSUE: President's Corner Word from the top Content We are proud to dedicate this issue of The Opinion to Professor Jacob D. Hyman. Professor Hyman represents to us the spirit of Buffalo Law School and, on this, the twenty-fifth anniversary of his coming to the school, we wish to recognize the tremendous amount of effort and dedication which he has consistantly brought forth in our behalf, be it in the role of Dean, Professor, or advisor. On behalf of the student body, and also for the many students who have passed before us, we say simply, thank you. Professor Hyman. E. Zimmerman �Editorial Let's Get To Work I wish to thank all the students who voted in the recent election, and to especially thank those who contributed to my victory at the polls. Unfortunately, the joy from this victory was marred by an extremely disgruntling fact. The fact is that only three hundred, eighty-six (386) students (approximately 62 percent of the student body)' turned out to vote. 1 was particularly upset that only 55% of the junior class participated, despite the fact that one seat on the Board of Directors of their class was up for election. It distresses me, and I am sure many other students, that out of a class of two hundred, thirty-three (233) students a total of only fifty-eight (58) votes enabled a candidate to win the seat. It is also disheartening to see one third (1/3) of the freshmen class fail to vote, showing a total lack of interest in their student government without even giving it a chance. Perhaps the only cheerful note in re the turnout was the surprisingly high number of seniors that came to the polls. I commend these seniors who showed that they still had an interest and helped quash the adage that a "senior class is an apathetic class." However, it would be frivolous to spend the remainder of the year dwelling upon these Frosh Glass Profile the number of students has more than tripled to a record high this year of 611. Registrar Charles Wallin reports. Vol. 12, No. 3 Editor-in-Chief- John R. Saniuckon Assistant Editor Vacant Managing Editor George Riedel -Photography Editor - Samuel Fried INCREASE IN CREDENTIALS This year's freshmen class of 203 reflects a sharp increase the in entrance requirements result of competition among more and more undergraduates. With about 1,700 applicants for places in the class of '74, the median LSAT rose 15 points in the space of just one year from 590 to 605. The Grade Point Average rose, too, from 2.17 (on a 3.0 scale) to - - Article Editor Mike Montgomery Feature Editor Vacant - — Production Manager Vacant Business Manager Vacant about 2.50. - Staff Writers Otto Matsch, Jeff Spencer, Rosalie Stoll, David Schubel. Columnists Otto Matsch, Jeff Spencer. Stuart Revo, Mark Lillenstein, William C. Lobbins, Larry Schapiro Contributors Samuel Fried, Chris Belling, Gary Masline Photographers - yourself. Since 1961, October 14, 1971 News Editor Vacant S.B.A. Editor Vacant numbers. Rather, now is the time to commence action, to demonstrate to those who doubt, to the challenges move forward and grapple with that lie ahead. I realize that my administration problems. of all I do not solve our will not think that they could be solved in any one light administration. of this, by any In one year gear my administration to the 1 expect toresolvance of of some the more immediate pressing problems. Hopefully, at the same time we will be implanting the seeds that over the next few terms will blossom into the answers to our problems. I feel it imperative to state that the mere act 'of voting does not end a student's responsibility to the S.B.A. Rather, he/she should actively participate in our government processes and have his/her viewpoint heard. It is not for the President and the Board of Directors to think for the student, it is only for us to propagate the programs that you, the student, desire. I, therefore, cordially invite all students to attend the S.B.A. meetings to express to the governing body the things that you want accomplished. I will do my best, as promised in my campaign, to help you, but I also urge that you take an active part so that you can help New Students OPINION - 1971 Presidnt'Corner by Malcolm L. Morris Now that the new officers and Directors of the Student Bar Association have taken their seats, and the confusion and emotionalism of the election campaign is over, the time has come to come to grips with the problems, both old and new, facing the student body. It is of the utmost urgency that action be taken in many areas immediately. The list of these areas is long and awesome. At the top of the list of concerns is the problem of student-faculty/ administration relations. For far too long student needs and problems have been entrusted almost solely to the "benevolent" decision-makers in Prudential and Albany. The sad results of such a policy are obvious in many areas, including placement, course offerings, facilities, teacher-student ratios, teaching quality, and many others. The time has come when the Student Bar Association must truly act as an effective advocate for the students it represents. To this end, the foremost aim of the new body must be to establish its credibility as a functioning and responsible student government. Only then can the problems which each of us face in this school everyday, and also those which follow us after graduation, be resolved. We will have no one to blame but ourselves, if we shirk our responsibilities today, when we complain tomorrow about the same old problems. The tool is there. We must carefully but swiftly forge it into the effective body it was meant to be. The time for action is now. TBE October 14, THE OPINION 2 -- The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202.The views expressed in this paper are not necessarily those of the Editorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid o.ass postage entered at Buffalo, New York. WOMEN AND MINORITY STUDENTS Both more women and more minority students are enrolled this year than ever before. While there are only 6 minority seniors, there are 29 juniors and 36 freshmen. Likewise, 63 women in the law school (7, 21, and 35) compromise almost 13 times the 66-67 female enrollment. There are 10 returning deferred vets and 2 National G ii a rd smen, as well as 14 students returning after a leave of absence and four transfer students. They will fill in spaces vacated by the 24 ju n iors and 6 seniors who didn't return this year. MOST FROM W.N.Y. Most students at the school reside in the Western New York area. In the senior class, out of 188 students, 150 are from W.N.Y., 34 from NfY.S. and only 4 out of state. In the 220 member junior class, the figures are, respectively, 177, 3 8 and 11; for the freshmen, 137, 59, and 7. SUNY/Buffalo largest is still the undergrad school its contribution has been declining; 72 members of the senior class are U.B. grads, 49 juniors, and only 43 frosh. Other W.N.Y. schools are represented in the freshman class by 9 Canisius grads, 3 Niagara grads, and one each from Buff. State, Rosarry Hill, and D'Youville. The rise in quality of each recent entering freshman class indicates a potential for excellence both here at the law school and in the entire represented, although legal profession. RiGHT ON! by FCC MAKES STRANGE BEDFELLOWS Walter Cronkite is one of those characters that other liberals are always patterning themselves after in their ambitious moments. Old Wally is as slick as an eel, as urbane as Cary Grant, as polished as the great reflector at Mount Palomar. His delivery is so cool, so confident, so authoritative that when he finishes off the day's events with "And that's the way it is," the viewer knows deep down in his guts that that is indeed the way it is, no matter what Spiro Agnew says. Old Wally keeps his liberal credentials in order. He regularly denounces anyone who hints that the press is doing a poor job as an incipient McCarthyite, hobnobs with all the radical chic nabobs, puffs his pipe in the approved professorial manner, and cocks his eyebrows at all the right moments when announcing the news about OTTO MATSCH which nasty ol' barbarian has done what to whom, as when, for example, Lyndon Johnson demonstrated the Herculean tensile strength of his beagles' ears for his press corps cronies. Of course he does more than just newscast. He is also one of the leaders of his profession, constantly in the forefront of progressive ness and journalistic excellence. All of which is why the liberal community was shocked right down to its manicured and lacquered toenails when Old Wally emerged the other day from the fever swamps of Phiiistia wherein dwell all things evil, namely William F. Buckley, Barry Goldwater, Ayn Rand, Milton Friedman, Ming the Merciless and all other denizens to the right of that infidel, Castro, and declared his allegiance with said Philistines. Old Wally was testifying before Senator Ervin's committee, which is investigating the state of freedom of the press in America. Wally committed the arch sin of a federal regulatory agency liberalism by opining that should be crushed. "intimidation and harrassment" For years and years, ever since the atrocities of the New Deal beset the Republic, one of the cardinal tenets of liberalism is that the public has to be protected against everything from milk in gallon jars to avaricious advertising, and the way to accomplish this is to set up federal regulatory agencies to terrorize, harrass and persecute all offenders, possible offenders and would-be offenders of some undefined and undefineable public interest. And for years and years we Philistines have denounced this obnoxious and fascistic practice of the feds to interfere with the normal flow of life in America. The objections have continued on page 10 �October 14. 1971 THE OPINION 3 Letters To The Editor Disorderly Conduct To the Editor: Is a 19 year old girl in the midst of a crowd of people guilty of disorderly conduct merely for saying "you fuckers" when policemen coverge upon that crowd without warning, swinging clubs and beating people? This question was faced by UB law school alumni Norm Effman in City Court, Part 11, before Judge Theodore Kasler. Mary Marino, a UB student, arrested at the Sept. 13 Lafayette Square incident protesting the Attica situation, was found guilty under two counts of N. Y. Penal Code Sec. 240.20: (1) and (3): "A person is guilty of disorderly conduct when, with intent to cause inconvenience, annoyance, or alarm, or recklessly creating a risk thereof: (1) He engages in fighting or in violent, tumultuous or threatening behavior and (3) In a public place, he uses abusive or obscene language, or makes an obscene gesture." Mrs. Marino's defense was that her statement was an emotional reaction to the situation rather than an intentional action to breach the peace; the crowd was never warned to disperse and their actions were public unexpected. After her comment, a policeman replied, *i don't have to take that", and Mrs. Marino was thrown onto the monument repeatedly and beaten about the body by four or five policemen. Her husband, Charles, a steelworker, trying to protect her, was also attacked by the police. He was charged too with disorderly conduct but was acquitted by Judge Kasler. The Judge re fused Mrs. Marino's attorney's motions for an hour adjournment to- produce TV newsfilm of the incident. Also an adjournment was refused to allow for the appearance of a legal observer who was at Attica on the day of theMarino's trials who had observed the Marino*s at the monument. In finding Mrs. Marino guilty and fining her $150, Judge Kasler noted that there were more important things for people to demonstrate for than prisoners , rights. L. E. Pinkham Education of Otto Matsch To the Editor After writing a letter to the Editor concerning the first Right On! column, I decided to remain silent and allow the pen of Otto Matsch to perform whatever perverse acts or unnatural practices it chose upon the news of the day. But in resonse to a letter from Mr. Matsch 1 have written this article. [At this point, his motivation in writing to me isn't very clear; I'm not sure whether he's seeking enlightenment or a clear copy of my fingerprints to mail to the FBI]. However, to write two pages [as he asks] on why we should admit Red China to the UN would do nothing but provide a cure for the most chronic of insomniacs; even the editors of the Opinion would stop reading the paper. I don't want to upset Otto, but he may be the only person in Buffalo who still thinks this is a controversial subject. It should suffice to say that the UN should not be limited to our allies it is not NATO [I'm not even sure we're on speaking terms with all of them). How can the UN be an effective international organization without China one of the largest and most heavily populated nations in the world? If Otto is suggesting some kind of moral standards for admission, I don't think the foreign or domestic policies of the United States merit our casting any stones. Otto claims in his letter that his views are h v man itarian and yet, the fact that the U.S. communicates with Moscow bothers him much more than the fact that we're murdering people in Vietnam to support a repressive regime. [I didn't think we had much choice in our last presidential election, but theirs was something else. Having an election with one candidate certainly eliminates a lot of problems. I mean, who's going to ask for- a recount? Under that kind of political system elections become vestigial in nature like an appendix that no longer serves a function or a religious ritual that we continue to observe, although the words have become foreign and the meaning of the customs forgotten]. His arguments lack compassion because he is interested in fighting Communism wherever he finds it, rather than injustice. If we should, as Otto advocates, sever relations with the Soviet Union, why not break off relations as well with Greece, Spain, South Africa or Taiwan? (Personally, I've severed relations with Albany]. Although Otto's first column was written before Attica, there is no excuse for his second article. His account of the death of George Jackson at the hands of the "infamous National Lawyers Guild" is as "paranoicaUy plotted as a Philip K. Dick science fiction story (without the high literary quality of - - - Dick's workI. I was going to write that Matsch's twisted reasoning is less worthy of political analysis than psychoanalysis, but everyone said that's too nasty; so I'm leaving it out. Does he really believe that the Movement would want to kill off Jackson, one of its most brilliant and persuasive spokesmen, to be a "perfect symbol of political and racial oppression?" No minority or revolutionary group has to create martyrs in America; our political system supplies them in quantity. They're part of our Gross National Product. And did the revolt at Attica begin because of "years of repetitious harping (by the NLG and Black Panthers about political oppression, genocide and racism" or because of years of being subjugated to "political oppression, genocide and Matsch concludes his analysis by pointing out a model prison in France where the prisoners racism?" staged a riot. If prisoners are given private cells with and cold running water, access to newspapers and magazines, and are shown the latest films and still revolt, then obviously, Matsch seems to be saying, hot criminals are an ungrateful lot and the less done for them the better. This is a corollary of the argument that poor people are given welfare checks and food stamps and they're still not happy. Possibly, this indicates that there are intangible human needs too subtle for Otto to appreciate. In one of his last poems, Theodore Roethke wrote, "Running from God's the longest race of all." Well, running from reason is also a long and arduous race. Take some time off, Otto, and think about what you're writing. The ills of the world are not going to be solved by ill-humor. As each of us "turns to face [ that] oncoming snow," we want to leave behind more than a few venomous words. Barry Bussis of malarkey. Usually, the SBA is as independent as student support will allow it. The point is not to get a lot of free minds on the Board of directors, although such goal is desirable, but rather to get the student body to come to the SBA with their problems, rather than sit in the basement and complain during a rousing game of pinochle, and support the SBA in remedial action. The SBA can only be a useful and independent means of problem solving if the people who have problems let them be known and then become part of the solution through active support. If you want a decent graduation speaker, it is a prime requisite that you let someone know who you want, and then work with the Graduation Committee to get him, irrespective of opposition from any quarter. If you want a decent placement office, get your friends together, along with the SBA, and scream bloody murder until somebody listens and then push harder. The Administration, whats left of it after the summer decimation, is not out to get you they too need a little help in finding out what is going on in this looney bin. If someone is hassling you about what you ay or think about a problem, be it registration, course availability, or the quality of teaching and education which is our prime concern, let the Student Government know about it and help them solve your problem. This is not the best of all worlds, or ever likely to be, but there is no point wandering around, like Candide, and letting the guys in black hats kick you in the tail, whoever they happen to be. Getting good people elected is important, but to stop at that is an egregious error work with the Directors in whatever field concerns you. - - - Mike Montgomery Senior SBA Director Hague Academy Beer Blast Bash To the Editor In the article entitled The Hague Academy in the Sept. 30, 1971 edition of the Opinion, some pertinent information was omitted. In particular, I would like it to be known that my summer study at the Hague was in conjunction with the summer program at the International Institute of Human Rights at Strasbourg, France. The latter course has been attended by SUNY Buffalo Law School, students for the past two years through the efforts of Professor Buergenthal. Due to his assistance, lasting relationships have been established at the Hague and Strasbourg, which will be available to law school students in the future. In particular, a financial grant in the name of the SUNY Buffalo School of Law has been made to the International Institute of Human Rights. The 'Institute", in turn, has waived the tuition fee for our law school students, now and in the future. Such directed energies as described above will provide a foundation for overseas educational links. These ties will serve not only to accomodate the academic pursuits of present and future U.H. law students, but also will cement into permanence the relationships between the SUNY at Buffalo School of Law and foreign academic institutions of higher learning. I urge all those who might be interested to take advantage of our school's unique Internationa] Legal Studies opportunities. As spokesman for the others who attended this past summer's courses at the H ague and Strasbourg, I would like to thank Professor Buergenthal and the International Legal Studies Committee for the assistance given us in making our summer of study a reality. Eugene Haber To the Editor: Sept. 24, 1 attended the "2nd Annual On Friday, , Barristers Beer Blast Bash". For fear of this event becoming a tradition, I feel I must comment, both negatively and positively, about the conduct of the Affair. First of all, the SBA's actions in "encouraging" or "obtaining" women to come to the "Bash" fell Student Bar Association To The Editor The sound and the fury of another SBA election again engulfs us like the tidal wave from coruscating Krakatoa more or less. By the time this missive is printed it will be all over and we can go back to in sleep again for awhile. Multiple poster technicolor yet and plural handouts from the many office seekers. The Radical Apathy Party, true to its traditions, held a nominating convention whose only attendent was a white-haired old lady in running shoes who was looking for Rhadamanthus yon Berolfingen, professor of Defenestration at Prague. The motto: if nominated we will not run, if elected we will not serve. Observe the flaming issues, chanted from the rooftops in the manner of Roland's heroic - - - - ride from Aix to Ghent or something. 5 cent coffee is a terrific idea, but what vending machine concessionaire is going to keep his machines in a place which offers so limited return. The same old story is trotted out about returning student government to relevance, and preventing its devolution into a lackey of the faculty. That is a lot nothing short of procurement. The signs advertising the event were designed to be placed in various colleges around the city to entice college girls into attending. Thus intent points up a revealing degree of weakness on the part of the SBA Social Committee. Why not advertise in men's fraternity houses, too, so that women law students can get to "meet" other interesting fellows? Or do the members of the SBA social committee consider themselves sufficient for the women here? In fact, the designers were apparently so engrossed with their coming masculine roles that they made several errors of judgement on their advertisement. In bold letters, Ladies were invited free but the social committee wanted to charge "other" gentlemen (not law students) an entrance fee, until it was pointed out that this would prevent women law students from attending with accompaniment without paying. This error was corrected. In their fervor, the designers also neglected to point out that, in general, all law students would be admitted free. This too was corrected, when the SBA realized they were also supposed to represent the interests of other law students who had no concern with ladies being admitted free. Secondly, the entire affair was conducted with incredible poor taste and immaturity. Why have a "Barristers' Beer Blast Bash," except to attract college women and to flout your own ego? Why not a "Law School Party (or variations), beer being served and all invited" without ganging up signs at other schools. Aren't the men here capable of meeting girls or getting dates on their own? And I didn't notice anyone "blasting" or "bashing", so I can only assume that the purpose of the title is for its attraction capabilities and to return us to the days when we were college freshmen. Now for my positive assertions. As I have already stated, a simple party would seem to satisfy the social needs of most of the law students. If the intent is to meet or "pick up" girls, well then, 1 suggest that this "fraternity-type" idea be run by the fraternity on their own funds for their own devious purposes. Special interests should not be allowed to control disbursement of student funds. There is a definite question of conflict of interests that I feel should be investigated and resolved concerning the SBA and other organizations at the Law School. What more can be said. The party could have been run in good taste and quite pleasantly without the above conditions at the same cost to the students. There is no need or reason for this type of disgusting and disgraceful behavior to continue. Samuel C. Fried �October 14, 1971 THE OPINION 4 S B A by October 8 Mike Montgomery New Officers, Same Old Problems The October 8 meeting of the SBA was ushered in by the passing of the from Acting President Mark Farrell to the newly elected chief officer, senior Malcolm Morris. President Morris then introduced to the body the new incumbents for the office of Secretary, Junior Director, and six Freshmen Directors (reported elsewhere). Mr. Farrell was thanked for his interim performance by Morris to the accompaniment of sparse applause. gavel FACULTY STUDENT COMMITTEES Mike Berger attended the meeting of the Faculty Committee on Committees last Wednesday the 6th, presided over by Prof. Atleson and composed of Professors Davidson. Joyce, Greiner, and Schwartz. At this meeting Mr. Berger noted that while Faculty concerns were met and dealt with, there was no consideration of student input or concern on the joint faculty-student committees. He proposed a delineation of areas of student jurisdiction on these from within the FSRB. A proposal for joint faculty-student co-chairman was never acted upon. This year. Prof. Homburger proposed three and three representation, but there were four faculty appointees: Profs Homburger, Katz, Reis, and Kelley. Judy Kampf proposed that four students be sent to that committee to ascertain faculty reaction. Since only three students were elected as FSRB reps. last year, Jay Bielat suggested that the SBA send the person who placed 4th in total votes in last year's election, or in the alternative hold an election for the additional representative. Sally Mendola made a timely interjection to the effect that it would be best to hold an election, rather than freeze Freshmen out of choosing a new representative rather than choose last year's fourth place candidate. A motion by Lee Ginsburg to hold an election for a fourth FSRB Representative was passed by the body. Since the present Election Committee of John Blair and Richard Weinberg has resigned, the appointment of new members for those positions will be considered at the next meeting. POOR LIAISON It was noted by Mr. Berger that while it was agreed upon by the Administration that a member of the faculty, specifically Ass't. Dean Lochner, would attend all SBA meetings in order to promote some mutual understanding of what is going on, (a definite necessity in view of the registration fiasco and controversy over curriculum offerings, cd.), a faculty member has yet to attend any meeting of the SBA this semester. committees, and greater student re presentat ion. This proposal was considered a waste of time by the committee chairman, with some resulting acrimony. It was proposed to take student grievances to the Faculty Student Relations Board. In discussing that body, a number of Directors pointed that there was considerable confusion on the proportion of student re presentation thereon. Gene Coffin observed that there had been four members from each side last year, but that the chairman had been appointed by Dean Angus rather than elected out APPOINTMENTS COMMITTEE Professor Goldstein of the joint faculty-student Committee on Appointments has requested the election of student members in view of the proximity of meetings of that C om m it tee. The President proposed that Marge Haggerty and 1 freshman be appointed to that Committee. Director Greenberg pointed out that he and Bob Wall (since resigned) had already been appointed to that body. After a discussion on the desirability of having a Freshman or Junior on that Committee for continuity sake, Director Montgomery's motion to appoint Mrs. Haggerty was defeated , and a search for an appropriate underclass member was directed by President Morris. BUDGET HEARINGS Treasurer Weinberg announced that the first budget hearings will be held on Saturday Oct. 9 between 10:30 and 12:00 p.m. at Eagle Street. The two Freshmen Directors elected to that Committee were Mary Ann Hawco and E. Ross Zimmerman. The Saturday hearings will deal with the Opinion, the Graduation Committee, BALSA, and the 1n ternational Student Relations Committee. VISITING BELGIAN STUDENTS George Reidel of the International Legal Studies Committee announced thai 23 Belgian Law Students will be visiting our Law School between the 16th and 24th of November. He requested help from the SBA and the Student Body at large in obtaining housing for visitors, preparing a reception for them (Belgian Beer and Brussels Sprouts?) and in the preparation of activities for these travelers to participate in. They have already expressed interest in attending our classes, local courts, and a symposium dealing with such topics as Viet Nam, My Lai, and possibly Attica. Mr. Reidel also announced the preparations for the foundation of a new student organization, the International Law Club. Its activities will include moot court competition, symposia, and an international studies abroad program. This new club will need money. It also will seek support for course credit for participation in the summer school abroad program. PROPOSAL FOR THE EVALUATION OF PROFESSORS Gene Goffin re-presented his motion, tabled at the last meeting, for a three member SBA committee to supervise the evaluation of faculty members for competence and teaching ability. The subjects for such a study would be new professors, faculty members up for tenure, and any faculty member where the SBA finds good cause for such evaluation. Each subject would be examined by a three member team of evaluators whose written report to the body would be submitted to the SBA. A motion by Lee Ginsburg was passed to delete from this proposal the requirement that the evaluators have some formal teaching experience. It was the feeling of a good part of the body that most Law Students have sufficient expertise to be qualified to judge the teaching ability of a faculty member. Judy Kampf noted that the general surveys previously used never seemed to end up in visible results, and suggested that the SBA evaluation be done in conjunction with the faculty evaluation. Director Mendola questioned the viability of this proposal because there was little way to get the faculty to listen to complaints. Mr. Montgomery pointed to the FSRB as the logical forum to air the results of any examination. The motion was passed. , STUDENT JUDICIARY PROPOSAL The proposal for a revamping of the student judiciary system presently under consideration on the main campus was tabled until copies can be made available to the Directors in order that they can inform themselves as to its content. NEW YORK PRACTICE PETITION Lee Ginsburg announced that the petition that Professor Homburger offer the course in New York Practice during this spring semester, open to all seniors (approved at the preceeding SBA meeting) had been signed by 119 out of the 189 Senior Class members. This petition is to be presented to Assoc. Provost Greiner for action by the administration we hope. If acted upon, this could establish a useful! precedent for succeeding classes in getting courses they feel to be vital for their professional development. — October 1 SUB BOARD Money and Teacher Evaluations Examined The 1 October meeting of the SBA commenced with a presentation by Scott Schlesinger, the Treasurer of SUB BOARD I dealing with the bureaucratic mess set up by the Chancellor of the State System for the disbursement of student organizations' money. As well as I could make out from the weird procedure delineated by Mr. Schlesinger, the president and treasurer (who must be bonded) must sign a voucher for disbursements of over 525.00, which goes to the Main Campus for approval by an Administrative Designee (the Office of Student Affairs) (?), whereafter SUB Board I would issue a check upon proof of payment. Or something. Apparently the Chancellor has left it to the discretion of each unit president to be loose or strict in following these procedures, and President Ketter has chosen to be strict, promulgating new procedures with every passing day. Apparently, if the Law School wants to be its own disbursing agent we need Administrative approval, in order to have a faculty member as disbursing agent, advisable from the point of view of permanence (the SBA Treasurer being another possibility) he would have to be incorporated and bonded, and it would be necessary to hire a bookkeeper. If Sub Board was chosen as the disbursing agent, they would do all the dirty work and send out checks and/or cash as required. The presentation was ended leaving some Directors, my self included, feeling rather bemused. STUDENT JUDICIARY PROPOSALS proposal for revamping of the Student Judiciary system was presented to the body, accompanied by enabling legislation. Much of the proposals appeared to be couched in language which was rather sloppy, which matched the thought behind some of A the provisions. It was decided to make available to the Directors for discussion on the proposal at the next copies meeting. SBA BUDGETS AND COMMITTEE APPOINTMENTS Treasurer Weinberg reported that he is preparing copies of the proposed organizational budgets with a tentative schedule for" implementation, to be given out to each member of the budget committee after Freshmen representatives have been elected. As of this meeting the following budgets had not been presented: Social Committee, Graduation Committee, Sports Committee and the International Relations Committee. In regard to the various faculty-student committees, it was noted that while no faculty members had been appointed, the faculty wanted SBA representation anyway. Since the faculty is apparently unready at this time, it was decided to postpone appointments until after Freshmen elections. QUALITY OF TEACHING John Blair ushered in what was undoubtedly the touchiest topic of the mcc t ing, best described as student concern over the quality of teaching at the school and the best means of providing some sort of student input and quaisi-supervision thereof. Blair's inquiry was instituted at the request of a number of freshmen concerned over what they were getting in their first semester at Law School. To a large measure the discussion degenerated into a general argument about grading professors, and the criteria for and student competence involved in judging faculty. It was suggested to set up a three member committee to act as observors for 1) New Professors, 2) Professors up for tenure, 3) Anybody about whom there is a considered and valid concern, perhaps to be coupled with the Student Evaluation forms. Discussion on this topic was tabled for the next meeting. �October 14, 1971 THE OPINION Associate I>a n 5 Lochner Strives to Meet Problems of Law School by Rosalie Stoll With the appointment of Dr. Philip R. Lochner, Jr. as Associate Dean this year, an opportunity has arisen for the implementation of many badly-needed programs. DeanLochner, a graduate of Yale Law School, received his PhD from Standord. A member of the New York bar, Dr. Lochner has served as consultant with the National Academy of Sciences on the Computer and Privacy Project. He brings to his position a deep interest in both the law and social sciences. Working closely with Dean Schwartz and Asst. Provost Greiner, Assoc. Dean Lochner hopes to rectify many of the problems faced by students. to establish a greater communication with alumni, perhaps through the publication of a newsletter. In this way, the school can get to know and understand alumni problems and explain our policies. The law school may also be able to provide a non-credit continuing legal education program for alumni which would also be a method of increasing our revenue. Alumni could also be served through a full time placement officer. The biggest problem the law school faces is that of conflicts arising from priorities and how a limited budget should be expended. Teaching In addition to his administrative duties, Dean Lochner also is teaching a seminar in Law and Social Science. Having practiced law, Dean Lochner is aware of the importance social science is playing in the courtroom, as well as in non-legal roles filled by attorneys serving on school boards and in the legislature. In the spring, Dr. Lochner will teach Corportaions i conjunction with Professor Fleming. His aim there will be to make the course as practical as possible and to familiarize students with the vast range of problems in the corporate field. The law school has a great need for viable ideas and hopefully Dr. Lochner will help to alleviate present unpleasant conditions. Finance Already Dr. Lochner has worked closely with establishing a financial counseling office for students, manned by John Dick. He is currently working with the Court of Appeals on certification problems facing certain past graduates. One of the greatest problems currently facing the law school is its lack of adequate placement services. Dean Lochner feels that we must have a full-lime placement officer. With the current Albany job freeze, though, there is an unfilled budget position which could be made available for such an official and no one has been hired. Alumni Relations Another area of concern to Dean Lochner is that of alumni relations. He feels we must be able Minority Students Win Awards by William C. Lobbins Two 1971 minority law students from the SUNY at Buffalo Law School have been awarded two nationally-acclaimed awards totalling $20,000, in the Reginald Heber Smith Community Lawyer Fellowship Program and the Ford Foundation Urban Law Fellowship Program, respectively. They are Mr. Jean Traylor, Jr. 189 Hamlin Park Rd. and Miss Florence Burton formerly of 27 Collins Walk, Buffalo. Mr. Traylor is presently a fellow at a San Francisco Community Law office. The Smith Fellowship Program, begun in 1967, offers recent law school graduates and young attorneys a year of service and training in one of the more than 265 Office of Equal Opportunity, (OEO) affiliated law offices throughout the United States. The Program, sponsored by OEO's Office of Legal Services, seeks Fellows from minority racial and ethnic backgrounds similar to those of communities served by Legal Services offices. One attractive feature about the Program is that it allows the Fellows to choose the city wherein they desire to intern. Each Fellow has complete freedom to work in that area of poverty law he expresses an interest. As such, he sets his own priorities and sels individual goals he expects to attain. During the Fellowship year. Fellows will be paid a salary based on an annual rate expected to range from at least $9,600 to $13,500 depending largely on experience and background. In exceptional cases, the limit on maximum salary may be waived. Mr. Michael A. O'Connor, Esq., a 1970 Fellow assigned to the Swan Street Neighborhood Law Office in Buffalo, has announced that there will be a meeting for all UB law students interested in the Fellowship Program at 3:30 p.m., Wednesday, Oct. 3020 in Room 110. Mr. O'Connor stated Mr. Traylor "was one of 200 persons accepted as Fellows in the 1971 Program. Mr. O'Connor noted that of the 200 fellows over 140 were minority group persons. Of the 12 American Indians graduating from the nation's law schools in June, 1971, six had been accepted as Reginald Heber Smith Fellows. Admission to the bar is not required for consideration, but Fellows will ordinarily be expected to qualify for admission in the State of their assignment. Miss Florence Burton is presently attending Yale Law School as a Ford Urban Law Fellow in New Haven, Conn. Miss Burton was one of nine nationally selected persons to pursue a year-long program of study and research concerning legal and related problems of the urban environment leading to the L.L.M. degree in Urban Law. The Fellowship Program is designed to provide law teachers or prospective law teachers an opportunity to undertake an intensive study of urban legal problems. Fellows are expected to receive between $8,000 and $10,000 in stipends in addition to a tuition waiver. The Urban Law Fellowship Program will include clinical experience by participating in public or private department or agency programs which handle urban problems and attending seminars conducted by leading authorities in the field of Urban Law. Those interested in the Ford Urban Law Fellowship Program should submit all inquiries and requests for applications to: Graduate Legal Studies, School of Law Constitution Can a Constitutional Convention be Limited? that by Larry Schapiro The political voices of northern big-city mayors and southern governors often are not in harmony. Yet, the question of a national revenue sharing program has indeed made them political bed-fellows of a sort. Rising costs and increased demands on our state and local governments have made them cast envious eyes on the huge sums drawn into the federal treasury. Their conclusion is that a thirty-two of the thirty-four state legislatures had adopted a resolution directed at Congress. The objective of the resolution necessary was to permit states which had bicameral legislature to maintain one house apportioned on factors other a than population. In the alternative, in the event that Congress did not submit such a proposal to the states in the are questions which Pollack of Yale Law School described as going "to the heart of our constitutional These Louis processes." 11 is convention, subject or to rewrite feasible that a not confined to a subjects, may seek the entire United States Constitution. The course of the Conveution of 1787 which made proposals wholly — superseding the existing Articles of Confederation does not offer much ground for concluding that it is an easy matter to confine a rather - Columbia University New York, N.Y. 10027 revenue sharing must be passed by Congress. If Congress refuses to do this, many say the states extensive program must turn to that part of Article V of the U.S. Constitution which has never before been used. That is, the section which makes provision that whenever two-thirds of the state legislatures shall apply to the Congress, Congress shall call a convention for proposing when amendments ratified by legislatures or conventions in three-fourths of the states, shall be valid as amendments of the Constitution. In fact, in March of 1967, the New York Times reported form of an amendment, then it requested Congress to call a constitutional convention. The never received af f irmation from legislatures thirty-three and thirty-four. But should thirty-four state legislatures ever make a similar re 11vest, Congress would be faced with the questions whether and how to call a constitutional convention into being, together with the further question whether the agenda of a constitutional convention can be confined to t he topic proposed by the proposal state legislatures to Congress. . constitutional convention to a limited agenda. Foreseeing such a crisis d eveloping, Senator Sam J Ervin has in the past introduced legislative proposals to regulate a constitutional convention. An evident failing or his proposals is that it assumes Congress can limit the proceedings to the topic of the resolution presented by the state legislatures to which Congress is responding. Many constitutional authorities believe that this cannot be done. Some believe, as does Arthur J. Freund, that these unanswered questions "might well develop into the most important constitutional crisis of our era." �October 14, THE OPINION 6 Dean Jacob P. Hvman TwENTy-FivE YEARs oF by David Schubel Twenty-five years ago Jacob D. Hyman decided to forego the benefits of practicing law for those of teaching it. Fortunately, Mr. Hyman decided to launch his academic career at the Buffalo Law School, and even more beneficially, he chose to remain here. Like many excellent teachers, Mr. Hyman did not plan to become a professor. Following his graduation from Harvard, he joined a medium sized, general practice firm in New York City, and at the outbreak of World War 11, Mr. Hyman went to Washington to work for the Office of Price Administration. It was there that he began to consider teaching. At the OPA, Mr. Hyman worked with what he termed "an extraordinary group of law professors. "If that's what lav. schools were full of, that is where 1 wanted to be," Mr. Hyman reflected. When he came to Buffalo in 1946, "the law school was small, but exceedingly good in light of its resources," Mr. Hyman stated. Even though it was locally oriented, Francis M. Shea, during his years as Dean, had been able to staff it with a group of distinguished scholars, including Mark DeWolfe Howe, David Riesman Jr. and Louis Jaffe. These men non-Buffalonian in their backgrounds and training; unßuffalonian perhaps in their philosophy had created a - On May I, 1953, Mr. Hyman was appointed Dean. In his initial report to the Chancellor, the new Dean stated his objectives and program, "an educational experience ... to train lawyers not only to solve client problems but also to contribute toward the solution of the larger problems of the pursuit of truth society itself. . 'This was not a new path for the school, though," Mr. Hyman said. "It was merely the continuation of what Shea and his fellow Harvard men had begun nearly twenty years before me." Once again, Mr. Hyman noted the quality "of the school's endeavor as compared with its meager resources then. When asked whether he missed teaching upon assumption of the deanship, Mr. Hyman smiled broadly. "We were such a small school that I had to go on teaching one or two courses. There were lew specialized committees, because the size of the faculty allowed us to function as a committee of the whole." Professor Hyman expanded on what his conception of the pursuit of trulh exactly emails. That objective reflects a desire that "pure scholarship should be carried on in law school. Not only must the legal system itself be examined, but the nature of the legal system in society and the soundness of the postulates of the society on which Reunion of the Deans at the 75 th Anniversary of Buffalo Law School. From left: Mark DeWolfe Howe, Philip M. Halpern. ■Jacob D. Hyman, Francis M. Shea, Louis L. Jaffe. refreshing, Harvard-like, intellectual it works." Mr. Hyman noted that this atmosphere by 1946, Mr. Hyman was a continuing concern and goal of indicated. his. With Philip Halpern as Dean, What sort of admissions process supported by Louis Jaffe as Assistant should law schools have to find Dean, Mr. Hyman's first year was suitable candidates for that pursuit? exciting. "Though the the student body Mr. Hyman replied puckishly, that was overwhelmingly local," Mr. Hyman "idealy. a class of Leonardo DaVinci's remembers, "the staff was far from would be best. "Realistically," he provincial." continued, "there are no empirical tests which sift out the best qualified Teaching at the law school in 1946 was physically as well as intellectually student." taxing. During Mr. Hyman's first year, However, he did outline some basic there were only five other full-time areas of importance, "Certainly a percent student must be able to master the professors. Inasmuch as eighty of the course work was required, close technical requirements, have un interest contact between the faculty and the in dealing with people, should have a student body was insured. concern with society at large because Then, as now, Mr. Hyman reflected, what a lawyer does directly affects the faculty was very aware of the society." "Moreover, the student of law must school's potential, constantly working against the problem of inadequate have an intellectual flexibility and resources to improve it. "For example, creativity which can cope with and Louis Jaffe, as Dean in the late '40's, comprehend new technologies and insisted that the present Eagle Street social patterns." Mr. Hyman stresses that such a flexibility is requisite building be built for the future and had it not been for that insistence, our regardless if one is aiming for a career plant would be even more in corporate law or in public service. physical At that point, I reminded Mr. di minished than it is today," Mr. Hyman of Jefferson's statement that Hyman stated. 1971 SERVicE ... . . "the idea that institutions established for the use of the nation cannot be touched or modified, even to make them answer their end ... is most absurd Yet our lawyers generally inculcate this doctrine, and suppose that preceding generations held the earth more freely than we do; had single handed, or with the help of social science." As to what role a lawyer should play in society, the Professor referred to his remarks at last year's hooding. He said, "To produce political movements capable of shaping fundamental change in the attitudes of society, the skills of the lawyer are certainly not enough. Something of the spirit must be moved "I do not think that your training necessarily enhances your ability to provide that kind of leadership for society as a whole. Yet I may suggest that there is one aspect of your training as a lawyer which, while it may not enable you to kindle the spirit of the people, may enable you to help avert the killing of that spirit ..." "We have often been admonished that the letter killeth. And who more than lawyers turn the spirit into the letter? That's their job, to generalize, to abstract, to formulate principles which guide action through many situations having certain elements in common. Lawyers who are well trained don't forget that there are other principles pressing for recognition In looking over his years of teaching, Mr. Hyman noted that today there are more students less concerned with the practical. The students of the late 1950's were particularly less socially oriented than the law students of today, he noted. Mr. Hyman declined to predict whether the present generation of law students would lose their idealism. 'The climate is such, today, that it is hard to answer that." "However," Mr. Hyman pointed out, "Nader is still getting recruits at $4,000 a year." Professor Hyman is proud of the law school's reputation. "Law schools generally have improved in quality and breadth." Mr. Hyman stated, "and our school has done well in this respect." "Today we are an innovative, very good state law school. We have nothing to be a pologetic about. We have accomplished the basic; now we are ready to pursue our new Dean's goals," Mr. Hyman indicated. Did he ever regret his decision to enter teaching? Mr. Hyman replied, "Teaching is like golf. The next time around, you are sure you will always d o better, and you never feel as though you do so poorly that you should chuck it altogether. I have always enjoyed it here. The scene has never been the same, making it . . impose laws on us, ourselves." was not the first to opinion," Mr. Hyman replied, citing similar expressions from St. Luke to H. L. Mencken. However, Mr. Hyman felt that an examination of history would reveal that "lawyers have always been on the fore front of change, due to the inherent nature of the legal job which is to apply the social structure of the past to the present." "Of necessity, lawyers have to learn to adapt the past to meet contemporary problems, resulting in a continuing re-examination of the legal system." While the legal profession has produced "backward looking pc 11 i foggers, it has also produced Brandeis and Holmes," Mr. Hyman stated. While it is true that he believes that law in our society can play an energetic leadership role, Mr. Hyman does not have any simplistic notion that "a surge of dedication to public need and a little extra burning of the midnight oil by lawyers are going to solve all the problems of our society a right to unalterable by ' 'Jefferson c xpr ess that endlessly interesting." Amateur Photographer Hyman tries out a shot from his window in the Prudential Building. Among other accomplishments, took theportrait of Dean Richard D. Schwartz which appeared in Juris Doctor magazine. �October 14, 1971 THE OPINION 7 Law and Medicine A New Area for Buffalo Law School by Mark Lillenstein Sometime during the three years at law school the realization hits for some sooner, for others later, for some unfortunates not until after graduation, but the realization itself is inevitable. Most of us become aware that after all the study and preparation we have not the foggiest notion of how to conduct an adequate law practice. We've got lots of theory, but precious little in the way of practical know-how and mechanical proficiency. This might help to explain the eager acceptance by our students of tidbits thrown by some professors pertaining to experiences they encountered in their personal law practices. Many of us have been fortunate enough to have secured part-time clerking positions with local firms, positions which hopefully include more than errand-boy duties. It is here that the final link in our education will be forged. But what becomes of this crucial opportunity once the school moves to new quarters in the Amherst swamps? The days of work-study clerking and hops across the street to observe hearings, trials, and procedure in action will disappear. The coming move to Amherst has sparked a new concern for the future programs of the law school. We must now, more than ever, plan to update and modify the curriculum to enable future law students to cope with the dynamic nature of law's impact on our political and social institutions and national needs. This communication is intended to function as a proposal for implementation of one idea to enable students to prepare for comfortable performance in one of the fastest growing areas of legal theory and the area of legal medicine. Its scope practice encompasses primarily professional negligence, personal injury and drug product liability, but legal medicine is unique in technical complexity and demands entirely different quality and quantity of preparation and legal functioning from that encountered in other areas of law practice. Proper representation of either plaintiff or defendant requires the specialist in legal medicine to function as a dual professional, whether it be in the case of medical malpractice, negligent drug manufacture, or lead poisoning from defective dinnerware. He must not only have adequate capabilities in the legal world, but must have full appreciation of Ihe chemical and physiological functions of the body, the mechanisms and implications of its injury, as well as potential permanency of any damage sustained. He must truly live and breathe the worlds of both law and science. The reader at this point may well question why - - the field of legal medicine is first presented as a "field of the future" and then promptly characterized ~as one in which only a small number of lawyers could ever hope to gain proficiency. That is precisely the issue at hand. There is a vast difference between even the most excellent negligence lawyer and the specialist in legal medicine. One of the most demoralizing realizations for the general practitioner or even a negligence-personal injury lawyer comes when after a rough appraisal of a case, he initiates suit, perhaps goes so far as an EBT and only then appreciates the fact that he is over his head, did not really understand the medical issues involved and is now unable to overcome the strong defenses raised. The delay may not only have been financially biting, but may well have prejudiced his client's rights or raised numerous false hopes. He has been in fact guilty of precisely the same malpractice as that of which he may be accusing a physician; he has exceeded his own limits of competency when he should have known better. Such a profile of failure is all too common and has not only led to accusations of bluff and stall tactics on the part of defense experts, but has been the basis of severe criticism of the legal profession by the AMA and popular press. (National magazines and Sunday supplements often contain articles about the "explosion" of malpractice "nuisance" suits, skyrocketing insurance rates, straightjacketing of the pharmaceutical industry with strict liability, and hospitals refusing to accept patients or employing other defensive measures). The real losers, though, are the injured human beings seeking redress, and the wrongly accused medical professional. It is becoming clear that law schools must take the lead in teaching students that the practice of law includes not only how to manage a case, but how to recognize when not to attempt to handle it alone, and indeed, when to reject it completely. Proper representation of clients mandates this objectivity by the attorney. The technological explosion has not only done its best to race ahead of our legal doctrines, but is beginning to focus quite sharply on the shortcomings of traditional legal education. In perhaps no other field is the casebook method so strongly under attack as being the most outstandingly inefficient system of preparation that man could devise. Today's protective doctrines and standards of care are tomorrow's unbelievable history. As our technology has expanded, so has the scope of tort liability grown to include application for the more devastating potential inherent in improper testing, manufacture or utilization of our modern Notice AM , We are fortunate in that Buffalo is one of the few law schools in the nation which is close contact with the fine medical school and research facilities of a state university system. Interest has been expressed at the medical school for courses in legal medicine and our own experience with the crush of applicants for the Law and Medicine and Law and Psychiatry seminars would appear to bear witness to our own interests here at the law school. However, the teaching of a course such as that outlined above is beyond the capabilities of the general practitioner, theoretician or general negilgence lawyer. While the monumental efforts of our first two seminars are to be applauded, a more comprehensive course is needed and must necessarily be taught by an expert in legal medicine. Your writer, having come to law school from the medical science, was fortunate in being able to act as a consultant for the past several years to a young local attorney with an interstate practice in legal medicine. During that time the countless inquiries and lengthy conferences requested of the attorney by interested physicians, lawyers, defense firms and insurance carriers have convinced this writer that a tremendous amount of interest and vital concern with the field exists today. The lack of self-confidence evidenced by inquiries from the members of the local bar and medical professionals markedly underlined the need for adequate legal education in this critical field. It is hoped that this opportunity will not be missed by the law school. However, we must present evidence to the administration that a sufficient number of students would enroll in such a course. If you are one of that number, or are a senior who would have taken such a course, please sign a card and place it in the box provided at the office window in the Eagle Street lobby. AluMNi to We have received notice from many alumni that they would like to receive The Opinion regularly as a means of keeping in touch with their alma mater and also to keep abreast of current student ideas and projects. At present some of the most recent graduates and members of the Law Alumni Association receive The Opinion (the latter supported by a grant from the L. Alumni Assoc). We regret that we are financially unable at this time to send the newsDaDer to all of our alumni. However, we r r machines, drugs and medical techniques. The need is plain for a course which would provide a survey of current theory and practice in legal medicine. By presenting general materials, basic scientific terminology and concepts, and perhaps the detailed study of actual workups of various types of cases, its scope could be broad enough to serve dual functions. Firstly, all students could become acquainted with the demands and pitfalls to be expected by the practitioner confronted with a potential cause of action. Secondly, the detailed study would act as a first step for those aiming at the pursuit of such a practice, or for those considering related fields such as plaintiff or defense counsel in government practice (FDA), workmen's comp., consumer-ecology law, corporate (drug and cosmetic industry) practice, etc. have mailed this issue of The Opinion to you in the hope that you will be sufficiently interested in receiving future copies to help to bear the cost of production and mailing. If so, we request that you send a donation of $3.00 (or more). In return, your name will be placed on the permanent mailing list. We regret having to solicit funds but we hope you will understand that the cost of mailing thirteen issues to over 3000 alumni would be prohibitive. Please use the form below: "^* I [�jj j mm f~lBflr~l*»-»_ g_| ■■ I I Please enter my name on the permanent mailing list of ' Zip Code (very ' —— — ————————— important) I JJJ. I I I Send To: The Opinion '7 West Eagle SI Buffalo, N.Y. 14202 enclose a donation of $ —_ -r> I _____! �October THE OPINION 8 14, 1971 Poverty Hill SUNYAB Students Consider Dynamic New Idea by John Samuelson Sub Board I, a body composed of representatives of the six student governments of the State University of New York at Buffalo, has obtained an option on approximately 1,150 acres of heavily wooded land several miles north of the Cattaraugus County village of Ellicottville. The land, which operated for one year as a ski resort, contains most of Poverty Hill (elevation 2,200 feet) and also features two small lakes. The purpose of obtaining the land was to provide a summer-winter recreation area for the student body in a relatively virgin area within driving range of Buffalo (The property is located approximately 40 miles from the city). Sub Board I, which is charged with funds for all student financed activities which extend beyond the range of any one student government, presently operates the UUAB, which directs student clubs and sponsors speakers, musical events, and speakers, and also funds all campus publications. The Board also administers about 250 acres of land owned by the student body in Amherst, which is worth about $2.5 million. In March the Board became incorporated in order to function more effectively. In the spring of this year, Sub Board I, Inc. purchased an option on the Poverty Hill allocating property for $10,000 for six months. It will soon hold a referendum in which all students in the University will decide whether to spend the purchase price of $186,000 for the property. It is interesting to note that if the land is purchased, it will be the first time that any student body in the United States has committed itself to a ownership and development of an extensive piece of property. (Although other Schools have property, they are either owned by the University itself, or by a joint Faculty-Student Association). The present plans for development of the property, if purchased, tentatively call for camping, swimming, and picnicing facilities, with as much of the property as possible left in its natural state. It is also hoped that within a few years the property could be used in the winter for skiing. It is that as many law students as will travel to the Poverty Hill property both Jo evaluate and enjoy it. (The trees this week are in full color). There is no fee for entering the property and all students, faculty, alumni, and friends are welcome. For more information contact John Samuelson, who is the Law School representative on Sub Board I, Inc. hoped possible View of one of the overgrown roads at Poverty Hill A view of one of the two lakes Looking down one from the top of the ski trails of Poverty Hill One of the many campsites on the properly �October 14, 1971 THE OPINION Beer Party 9 Blasting the Blast: A Commentary by Rosalie Stoll The Second Annual Barristers Beer Blast Bash was held September 24th at the American Legion Barunswinger Ppst by the SBA Social Committee at a cost to students of 5437. Now, the Social Committee's a very strange animal. It's listed in the SBA Constitution as an appointive committee by the President, but none of the members this year really knows how he got on the committee or even how it was chosen. Anyway, last year, under then chairman Mark Farrell, the Social Committee had discretion over the disbursement of $2,800. This year, the Social Committee, consisting of John Anderson, Jeff Spencer, and Dan Ward, wants over $4,000, a quarter of this year's SBA funds. What does the Social Committee plan to do with all this money? Well, they want to have five wine and cheese parties, an Xmas party, two joint parties with the medical and dental schools ("We're all professionals") and two beer parties similar to the Barristers Beer Blast Bash. Haphazard Affair Second Annual Barristers' Beer Blast Bash was one of those haphazard affairs that seem to haunt social committees. Mark Farrell wanted a social function as soon as possible in the school year, but no planning or pricing had been done by the committee during the summer. So, with a week and a half notice from Farrell, the Social Committee rented the first hall they contacted (a decrept American Legion Post with inadequate parking facilities), hired the first band they contacted (Jeff had a friend in the band. He'd never heard the band play, but, "he had been in a lot of other bands") and quickly designed a poster. Thirty-five dollars was spent for publicity printing a gay blue and white poster announcing the Bash in bold letters at the bottom of the sign "All ladies free," "other gentlemen $2.00." What other gentlemen? Well it turned out that all law students were invited free. Also any female in the city of posters were put up at dorms at State, Buffalo Rosary Hill, D'Youville, the girls dorms at U.B. and hospitals. (Area hospitals??!) However, if the area at a woman taw student wanted to bring her husband fiance or or even a date, would he have to pay an admission price? Well, no, it seems, so someone went around the school with a magic marker and blacked out the "gentlemen $2.00." According to the signs at the law school, anyone who wanted to walk in off the streets could, for free, and blast to her or his hearts' content at the SBA's expense. At the door, however, the social committee again reversed its collective mind, allowing only males accompanying The - - — women law students in without charge. All females were admitted free at the door John Anderson even asked them where they were from, perhaps conducting his own informal survey as to which schools are most attracted to the law school. - Minority Group Out of a student body of 611, over 290 students are married. In practically all of these here relationships, the non-law students is the breadwinner - her/his earnings are used to pay the husband/wife's tuition and student fees. Naturally, as one law wife expressed it, "we deeply resent our money being spent to. buy free beer for any girl who wants to meet a law student." Many other students are engaged or planning marriage. Others have steady dates. The interests of none of these students, nor the interests of the women in the law school are furthered by the purpose of this Beer Bash of attracting women. The idea behind it, stated committee member Anderson "is that there are a lot of single, male law students desirous of having a good time so we were attempting to cater to them." All members of the social committee are single males. So, the social committee attempted to cater to a small minority group in its selective admission policies. Exactly how many students attended the Bash or what the male-female breakdown was, no one on the committee knows; no track was kept of who went, although Anderson did query each single girl as to where she was from, he kept no record of how many came. The only record we do have, though, is that there were only three brave gentlemen who went stag to the Beer Blast to meet the women law students, because they were charged at Ihe door. How they found out about the Beer Blast is an interesting question, since the social committee deliberately avoided putting posters up where they might be spotted by men interested at ripping the law school off of its beer, even though there was a head charge. No signs were put up at St. Bonaventure, Niagara, or even Spencer's alma mater, Canisius, since these are primarily men schools. Signs might have inadvertantly been put up in mens dorms at Buff. State since it was dark and no one from the social committee could tell the men's dorms from the three of the nine womens. (Fooled them there Buff. State dorms are coed, only one exclusively houses men). - ESTATE PLANNING FOR THE INDIGENT: Professors Mugel, Donegan and Reis. This course will deal with the possibility of welfare payments and food stamps, already viewed by many as a vested property right, as incorporeal hereaditaments. , AD LIB LAW: Professor Greiner. This course will emphasize the prime requirements of a trial lawyer, the ability to think on one's feet and overawe a potentially hostile trier of fact with the logic of one's own view of the situation. Joseph Orsini, late SPORTS LAW: graduate. This seminar will concentrate on field studies of equine equity proceedings in Fort Erie, Batavia Downs, and Buffalo Raceway. NO FAULT PENOLOGY: Professor Schwartz. This seminar wttl instruct students on the last chance defense of putative political prisoners. THE STUDY OF INDIVIDUALS IN the steps of a large building with a flag out front Yes, this was it. We entered between sets of the band. The hall was quite large and all the people were congregated at the entranceway leaving a vast expanse of empty room, presumably the dance floor i Finally the band came ON. People flocked to the exits. Braunswinger Post never heard it so loud. It was impossible not only to talk but to dance/the band literally drove people out of the dance hail. Anderson later stated, "I thought they were lousy." But as Spencer said, "you couldn't beat the price." (Is $100 an unbeatable price for a lousy band?) - So most people just concentrated on serious drinking seven kegs of beer were consumed, and some people were very drunk and very happy. For most of us, though, it was a very sobering experience the next day to realize how irresponsible the social committee had been. Conclusion For those students who didn't attend the Beer Blast, E urge that they go to the next one to see how their $25.00 yearly student fees are partially spent. I certainly do not deny the need for a social committee, for being such a diverse body, the law school definitely needs something to help bring our students together. I find it hard to believe that a social committee's function should be to supply dates for those who are unable to do so themselves for the law school to supply 'pick-ups' for the male wall flowers at the school. Either the social committee should be responsive to the needs of alt the students, including the women, minority, and married students, or it should not be entrusted with the amounts of money it seeks. - Possible alternatives are that either everyone who seeks to come to our student-funded parties who is not a law student should pay a small charge; the law school parties should be open *o everyone off the street regardless of sex; or every law student should be allowed to bring an excort without charge and else should pay an admission. Whichever alternative is followed in the future, I that in planning all other events, the social committee will exercise better discretion and of their duties to the students aware be more will who indirectly sponsor these events through their fees and seek to be more economically responsible. everyone sincerely hope The Bash At the Bash itself, after futively driving around Bulletin Board Courses In keeping with trends on the Main Campus, the Opinion is printing below a number of courses which appeared anonymously on a bulletin board in Eagle Street for the Student's delectation in light of the course selection sheet previously promulgated by the SBA. We are not responsible. (Note to nasty minded readers). the block looking for a parking space (one American Legion official estimated that the lot held 35-40 cars and few law students had the daring to risk parking next door at the adjoining police station), we found a spot, and saw a large group of people 'hanging' on SOCIETY AS HUMAN BEINGS AND OTHER RELATED ENTITIES: Sara. This is a large group course dealing with the humanistic aspects of resource allocation and both prospective and pragmatic planning. THE LEGAL ASPECTS OF FREE POLITICAL EXPRESSION: Otto Matsch, crypto-graduate. Oriented from the point of view of Ist Amendment freedoms, this seminar deals with freedom of opinion and misopinion in the press and other related media, with special emphasis on Sgt. Rock and Captain America comic books. DOMESTIC UNRELATIONS: Allan Minsker, student, and Professors Teitlebaum and Swartz. Concerned with family planning with a view towards dissolution, this seminar will concentrate on small families, nofault divorce insurance, and the proposal to permit the adoption of dogs during a 10 year trial marriage period to prevent the expense of custody battles presently before the Uniform Law Revision Commission. TALES OF HOFFMAN: Professor and Hans Maeterlinck. This wide-ranging seminar will entail an examination of the procedural aspects of contempt actions and convictions in Federal District Courts in light of the German Classics. Iloinbu igor Child Care Center Proposed Law Women is joining with Law Wives in working toward the establishment of a child care center for the law school. The following is a policy statement put out by some members of Law Women, a sensitivity responsibility, not dissolving, security. We see collective child care as a way for both parents, the mother and father, to participate in the child's education and emotional extending, children's sense of guideline, for what they would like to see the child care center be. They feel it is essential educational policy of the child care center be determined by the parents and that hired staff be accountable to the parent committee. Child care at this time is a real need of the parents at the law school. An increasing number of women are coming to law school. A number of them have or are planning to have children. Male law students and their wives are finding it difficult to both work and maintain a positive family life. Many staff and faculty members have children. Although we recognize that this present statement of child care comes from the essential needs of parents, we further recognize that such child care is essential for a liberating education of children. Group child care, in contrast to the more isolating private home environment, has the potential of providing an environment in which children will have more opportunity to develop social and emotional autonomy and trust, and a wider range of intellectual interests. We believe in collective child care as a way of growth. We are consciously talking about child care rather than day care. The majority of existing U.S. day care centers , are glorified baby-sitting services, which serve primarily as dumping grounds for children. Too often, children in these facilities are emotionally brutalized, learning the values of passivity and obedience, and denied the opportunities for personal choice and meaningful social with adults and other children. A non-profit, collective child care center, run by parents, is an opportunity for children to grow and learn in an environment conducive ■to the values of cooperation as well as individualism, work as well as play, black as well as white, of women as well as men. relationships �October 14, 1971 THE, OPINION 10 GAK Law Review Tackles Moot Court by Jack Gutkin Gak. Gawk, and how are YOU? Today is a little different than others you're reading this, lminimn ... did you see "The Devils"? as you're reading this, it's probably too late. Anyway it's a very fine film. Ken Russell, who directed, produced and his wrote the film is one of the finest film-makers around other films including "The Music Lovers" and "Women in Love." Like Visconti, Russell is a master of visual composition. His frames read like the canvases of a genius. -- - Film and Culture our evolving world what the novel was to the eighteenth and nineteenth centuries. Many viewers, reacting violently to Russell's deft manipulation of images, reveal the shallowness of their perceptions by condemning a film like "The Devils" by using unspeaking words like "poor taste" and "ssssssss" (this at the film's premiere at the Hertel) to hide what is really lack of comprehension or an inability to cope with the extremes of the real world. These people, though they won't often admit it, love the censored "happy time" world of Television and the mass media. They insist upon arbitrary limitations. Subtleties and provocative elements are to be avoided at all costs even if the cost is the exclusion of the essence of the film itself. Film is to — John And Yoko The Beatles Beatles. Out of are gone; long live the the haze of bright lights and silly kids come the real people behind the greatest cultural event of the twentieth century. Of the four John hits hardest. Always the freakiest he crystalizes now into a matured artist-genius-personality and his Ul-famed wife Yoko Ono becomes more and more attractive, enchanting millions of viewers the country over (and Buffalo too 2:30 in the A.M.) on a recent (kin y'believe it?) Dick Cavett show. Film he says is his next step, and you can expect to encounter him there soon. A few days past this deadline I will be attending a one-woman exhibition of Yoko Ono's work at the Everson museum in Syracuse. Films and freaks, fantasy and general mind-fucks will be the fare and who knows, perhaps even a Lennon or two. I'll have more to say about that next time. Time to run now, but remember (lines from crippled inside new John Lennon album): ". you can live a lie until you die; but one thing you can't hide is when you're crippled inside." . Ciao. - line, but each met a living Rock of Gibraltar unable to score. What looked like a by Mike Montgomery The intellectual giants of the school took each other on in a friendly football game last Friday at the Kensington Village Stadium, to show that they really can do something besides pound typewriters. At stake was the reputation of the two organizations; more importantly, the loser was to stand the winning team for two an rounds of beer at the end of the contest issue close to the heart (stc) of this reporter. — THE TEAMS Each team played with a five man squad rather than the traditional six. The Law Review contingent was headed up by their outstanding quarterback, Richard Woll, ably supported by ends Art Dobson and Roger Burlingame, center John Quackenbush, halfback Lauri Filppu, and defensive players Lennie Goldstein and Howie Levine. Signal-caller for Moot Court was John Blair, a standout because of his fine ability to scramble as well as for his aerial performance. Blair was backed up by ends Bill Peltz and Ray Cianfrini, center Mike Calvete, halfback Dick Steiner, Bill Gardiner at safety, and defensive linesmen Isaac Fromm and Dave Klein. EXPLOSIVE ACTION Law Review kicked off to the. Moot Court offense, which marched down field to score on a touchdown pass from Blair to Peltz. Law Review came back on the return for the tie score on a Woll-Burlingame connection assisted in no small measure by a mix-up in the Moot Court backfield. Both teams then settled down to a grueling defensive battle as both lines strived for the edge. Each team managed the occassional invasion to their opponents ten yard and' were sure thins for Law Review on a Woll pass was frustrated by the fine defensive work of Dave Klein. Law Review's Burlingame stood out as both a receiver and an alternate QB, while Quackenbush and Goldstein turned in good performances as rushers. Moot Court's Blair executed a number of good running plays on a power sweep over either side behind his three good blockers. The vying squads played half hour halfs with 5 time outs. In the closing moments of the game Law Review moved the ball down to Moot Court's five but lost the ball on downs. Blair's squad took over deep within its own territory but was unable to move the ball fast enough for the extreme time pressure, so the game ended in a 7-7 tie. Russ Pettit officiated as both referee and timekeeper for the match, and was summarily executed after the game by mutual agreement of the opponents, due to his inability to spot the bait and watch for infractions at the same time, leading to uncertain calls. . POST-GAME My informants noted that while the stakes were unobtainable by either party because of the tie, Moot Court was best able to make it to the bar for a little post-game conviviality. A rematch has been scheduled for Friday, October IS. It was also noted that neither chief of the opposing organizations attended the game. The spectator population consisted of Bill Feigenbaum and one stray dog (mongrel AKC unregistered) due to clement weather. Asked for his impressions of the contest, QB John Blair said that "A tie game is like kissing sister." your RiGHT ON! continued from page 2 been two-fold: one, that all these controls do not work, and in point of fact often aggravate the situations they calim to be eliminating, and two, that the agencies are an unwarranted invasion of individual rights and social freedom. The Federal Communications Commission, for example, can revoke the license of any station that does not conform to the public interest. And what is the public interest? Whatever the FCC says it is. In legalistic jargon this is known as a capricious, arbitrary and whimsical exercise of power. In plain English it is known as censorship, and it is the natural outgrowth of bureaucratic self-aggrandizement. None of which ever bothered the liberals as they danced around inventing agencies to regulate everything imaginable. But now they have awakened to the Damoclian threat posed by the FCC because it is the liberal necks which are being endangered. The public and even some politicians have become aroused by blatantly biased news coverage, documentaries such as CBS 'Project Nassau and Selling of the Pentagon, and revelations that the news networks are regularly employing hardcore communists (the most recent example being Marc Schliefer of NBC). Several books have come out in the past few months documenting in detail the bias of news coverage, even on Old Wally's show. More and more people are crying out for some kind of congressional action to bring some semblance of objectivity to the evening news, posing a direct threat to the liberal monopoly. The liberals feel the pinch and they are squealing. Hence, Old Wally's denumciation of the FCC, for it is the FCC which would enforce any congressional action. The FCC would call its censorship a public spirited action, done in the public interest. That's what the Inquisitors said when they tortured heretics and burned books. Even Old Wally finally saw the light and recognized the dangers of giving the do-gooders enough power to carry out their fantasies. "Broadcast news today is not free," he said. "Because it is operated by an industry that is beholden to the government for its right to exist, its freedom has been curtailed by fiat, by assumption, by intimidation and harrassment ..." Cronkite admitted that the FCC had not yet gone very far to muzzle "But the power to make us conform is too great to forever lie dormant. The ace lies' there licenses. temptingly for the use of any enraged administration Rupublican or Democrat We are at the mercy or whim of politicians and bureaucrats and whether they choose to chop us down or not, the mere existence of their power is,, an intimidating and constraining threat in being. [Right on Walt. Well spoken, although somewhat understated as regards the - ... venal tendencies and evil lusts of the FCC vultures and their censorious hordes.) .. .. Willy's imperfect solution the problem, Old Wally is of course prepared to answer it. "The cleanest and perfect Having posed solution would be to eliminate all government The time is past when control of broadcasting there can be any legal justification for controlling program broadcasting's content." It is here that Wally's liberal training arises to. haunt him. The liberal-instilled Pavlovian reflex allows him to reduce the power of the FCC although even this simple expedient is traumatic to the doctrine of centralization of bureaucracy. For the sake of freedom of speech Wally is willing to hold back the FCC, to regulate in the public interest a regulatory agency. This is practically revolutionary. Wally wants the FCC to be limited to assigning channel numbers and monitoring technical performance. Although a step in the right direction (no pun) Old Wally's suggestion falls short of perfection. The FCC would still be around to license stations. It would still have to make decisions such as which of several competing stations to assign to a new channel frequency or one vacated by another station. What criteria would it use other than giving the frequency to the bidder with the most promises of public service? What other criteria could it use? As a result the stations would quickly find themselves in the same mess, with the FCC hovering behind the nearest skunk cabbage muttering dire threats of license revocation due to lack of "technical peformance" unless more shows in the "public interest" are shown. Which is not to say that there is no perfect solution, just that Wally's is not it. The real perfect solution is, however, very radical, very progressive and forward looking, not to mention viable, relevant and compassionate, all of which are minor reasons why it will not be adopted. The real reason that it will not be adopted is that it would strike a blow at the heart of the regulatory monster, and such a step is simply unthinkable in today's age of senile liberalism run rampant. The solution is to stomp out the FCC entirely. No FCC, no censorship; it is that simple. A radical proposal "Simple solution, hell," screech the liberals. "Simple-minded is more like it! Chaos, that's what it is. Low-brow conservatism picking its nose and calling it an idea! Ya gotta have regulation or all the stations will be using any frequency they want and there'll be anarchy. Call my psychiatrist before I freak out from thinking about it any more." All of which goes to say something about the receptiveness of liberals to new ideas. Consider this. The government proceeds to sell off the frequencies to the highest bidders (or to give them away to present holders, 1 don't care) and to c n force property rights of the holders of the frequencies. The frequencies can then be bought and sold on the open market just as other forms of property are. In fringemen t on someone else's frequency would be treated in a manner similar to infringement on any other property right. Unclaimed frequencies would be held in trust by the government, and could later be given away free to anyone who wants to use them for legitimate purposes, just as land was given away by the Homestead Act of 1862 to prospective settlers. Abolishing the FCC would be a step forward for freedom, and a step forward in the losing battle against the rest of those hideous regulatory agencies (FTC, ICC et. al.) which should also be expeditiously exterminated. But to do so is too radical for the liberals to even consider, and so the agencies will continue to strangle America in red tape. But it is encouraging to see that Old Liberal Cronkite has seen the error of his nefarious ways and is well on the path to redemption. If enough of his sort are similary converted to the paths of right-on-tiousness then verily, we shall overcome, and the Republic shall be preserved. �October 14, SPORT 1971 THE OPINION 11 SShorts ports Shysters Socked in Sorry Saga by as told by Alan Snyder Stuart Revo to Mike Montgomery The Shysters playing can be analogised to that other bunch of bunglers, the Buffalo Buffoons, but at least the odd fan who attended the Sunday afternoon game next to the hoary walls of Clark Gym paid no admission fee to feel cheated out of. It would have been a very odd fan indeed to be so masochistic as to sit through the Law School contingent's ignominious defeat. No Thermopylae this, a valiant stand of beleaguered heroes, but rather a retreat from Moscow along the burning bridges of the Bereszina by the defeated remnants of a once best had ample opportunity to do so. Sammy's fast scrambling quarterback was unstoppable. The ailing Martin returned as signal caller for another attempted drive for the Law School during which magnet-fingers Revo made another circus catch. Surrounded by hostile bodies, Revo's two little hands reached up to gobble the ballbut all efforts to profit thereby were as fruitless as the Dead Sea. The West Eagle Street 6 took it right on the chin last Sunday by getting beat by a campus fraternity team, the Sammies. The final score of 25-2 was indicative of the manner of Shyster performance. The team was upset, but with 6 games remaining they are confident that they can gain a championship play-off berth. It was a black day, but in many ways was a landmark game, for now the Shysters know the score and must win all the succeeding games. Coach Snyder said there would be a complete shakeup of the squad some changes must be made. old, too long in the tooth to be effective in the rigours of a strenuous contact sport? Was the youth and vigor of the Sammy team too much for the senescent Law School squad? Only time will tell. In the meantime, we can but live in hope that the Shysters will rebound from this Waterloo like MacArthur after Corregidor and Bataan to return victorious to the plaudits of their eager — TEAM UNIFORMS The Shysters finally got their new uniforms. They are white shirts with red lettering. The team members all purchased these with their own money. The athletic department wants to thank the SBA for the initial monetary consideration which the football club will repay in its entirety. There are extra shirts and any one may purchase one for $1.50. fans. ATHLETIC EQUIPMENT Arrangements have been made with J.NJ. Athletic Supply, Inc., 1442 Hertel Avenue in Buffalo for any Law Student or faculty member to purchase athletic equipment from them. The owner will give all a sports discount, with the presentation of school identification and a business card. The business cards can be obtained from senior Alan Snyder as well as any Shyster's shirts for those who are interested. proud host. Perhaps a factor in this less than memorable rout was the sartorial splendor of the Shysters. Attired in the first uniform jerseys the team had ever sported in its three year history, the Eagle street squad have been too may preoccupied in narci'ssitic preening to be the effective killers they were in bygone days. Ace corner back Bob Livoti kept on tripping over his scarlet and white jersey. Injuries plagued the team. Sparkplug QB Martin had suffered a serious sprain prior to the Shyster joust with Sigma Alpha Mv and was operating at only 10% of his PICK-UP GAMES .. .. PUGILISTIC INTERLUDES ankle for the duration of the Both benches emptied frequently for the numerous melees which erupted between game. THE CAME Sammies kicked off to the Shysters with Ginsburg filling in at QB for the injured Martin, lobbing a SO yard pass to Roberts which was ruled out of bounds by an unusually contentious officialdom, in the first of the many bad breaks which were to plague the previously victorious legal eagles. The abortive drive stalled vleep in their own zone; the Sd ysters made a short punt fu their Main Campus opposition which proceeded to slash through a porous Shyster defense like a honed blade through lard for a score. All throughout the game the white and scarlet team evinced an alarming tendancy to lose their cool when behind. They — - The Shysters could not get the ball over the Sammy end zone even w hen down to their opponents' one yard line. The Sammies took over and scored again and again usual sparkling efficiency. Martin gamely limped around the field on a heavily taped Pick-up touch football games will be played Saturdays at 1:00 p.m. in Delaware Park near Nottingham. All are welcome to attend, and anyone can play. Shysteis to the attack in a losing effort against the Sammies CrOSSWOrd NO. 2 Eagle Street representative claimed that officialdom had it in for the demoralized Shysters, with epithets bombarding back and forth between freak references and profane players reminiscent of the rolling barrages of Ypres and Passchendaele. YOUTH AND BEAUTY BEFORE AGE AND EXPERIENCE? Are the Shysters getting ACROSS I-Cic I—-1 reserved the hapless Shysters and their victorious opposition. Roberts was ejected for pummelling a Sammy stalwart. Another Shyster ejection resulted when one team member called the Ref an ignorant SOB. Truth is a defense, but alas only before the blindfolded figure of justice, and not on the playing fields of Clark Gymn. One Answers To Crossword No.l (mm 1" all rights * , M 1n MHi ** mi lit II I cliJ 46. girl's name 1. end (chess) 5 put up job' 10. Grant's 14. downwind yokel 16. 16. Exchange premium Famous name in Buffalo 17. history 20. Carson 21. Snick's partner 22. Submachineguns 23. operetta character 24. craftiness 47. would eat no fat 50. mossy growth 51. owing 54. former Erie Cty. Sherrif 58. volume 59. unattached 60. Thor's daddy 61. Saratoga, for one 62. Buffalo River 63. Phi , Kappa DOWN 1. clumsily observe (,toi+n — aas^— * ft. greased 4. 33. 34. 35. LBJ's consensus Gov't agency 36. dye tool I' X SSI StrU 40. serfs « 41. — Affair (Civil War) 42. more than one dollar (slang) 44. Stephen and family electric 5. pieces of 6. !o,er beef 7. epitome J" ??'* niCkname A K.u'm'es de mes 11. leer 12. visage 13. Bowery 18. Tristan et 23. . Canal 24. Sags 2s! 26 27 (Germ.) rich Breakfast treat wash clean 28 foreign » and fury 30* virile guys 29 ' - 31 SUDpose 32 ft™ , cause them 34! Liable to _| ollh Jg7 Mi** rX .„' tahH * J, ft™ /»„ > . 2,f ' H"?"" ??" kSoSt Zl' hnnim «• Aa .-swhi—,! to —• 60! co^ttauTLioo^hly" «• s*" SL_, 5, X' "™*L JT £, Sele Mu JJ^JTahot �. ALL STUDENTS Any one who has not turned their local address in to the office at Eagle Street (Shirley Chiose), please do so at the earliest opportunity. This is important. very YEARBOOK party Anyone school, Thursday, lounge Advocate, running project sponsored open please 14th, by helping preparation yet. the worthwhile 1972 Time 'will orisphone, interested be and PAD October isCHEESE and 875-8482. WINE. YEARBOOK short no to in work all for BEER PARTY contact a PAD. students. Wine the has been AND It Chuck with Beer will done and be this Genese held Cheese as of most the in at Time is running short for the preparation of the 1972 Advocate, and no work has been done as yet. Anyone interested in helping with this most worthwhile project please contact Chuck Genese at school, or phone, 875-8482. Thursday, October 14th, a Wine Beer and Cheese party will be sponsored by PAD. It will be held in the lounge and is open to all students. 1971 BulETiNBoARd PAD SYMPOSIUM On 17 November, Phi Alpha Delta Law Fraternity will sponsor a symposium entitled "Judicial Selection .. Appointment or Election" at 4:00 p.m. in the Statler Hilton Motel. The panel will include Mr. Philip Magner, President of the Erie County Bar Association, Mr. William Larson, Chairman of the Erie County Bar Association Judicial Committee; also invited were Judge John T. Curtin of the Federal District Court, Edward Maxwell, U.S. Magistrate, County Court Judge Joseph Mattina, City Court Judge James L. Kane, and William Hefron, County Court Judge. This Symposium will be open the Bur the entire Law School faculty and students. No admission will be charged. and to - educational, award, University January representatives. eligible scholarship Scholarship. Any Registration Any reports opportunity on-campus They questions Community receiving $2,000 business, April January receiving programs application interviewing concerning University qualify University you May $600 they program, spring seeing ($3OO by Scholarship. campus degree scholarship. scholarship semester, you complete per year. running help. Hayes government University semester) report part justify incentive Guidance the Oct the invited Annex. their State who award of the course should his Once Students The Student office UNIVERSITY various 4 own Incentive and work ask to a to staff for student UNIVERSITY 17 notification awards on student existence December tuition. interview for Accounts career will to Office in of a 11th do look an ANNOUNCEMENT Candidates forms Award wht State cover can not should floor forward whether or PLACEMENT welcomes for 17 29 be on an and is are of less or and the Prudential. in in take answered industrial SCHOLARSHIP received the Incentive individual the the from offered the available on to difference Alumni for main for the fall maximum need his Placement ait 1972. the all the card will of semester state this Award students and the SERVICES interviews State to in the John to between tax take New and the maximum where less levels to and Dick in Office Career offers York from their This than with "C" the the are he or in is in WBPA AINDER, ND CHES PARTY I October 14, THE OPINION 12 PLAUCNEIVMRSSTY ERVICES ANNOUNCEMENT The staff of wht University Placement and Career Guidance Office welcomes all students in the LAW WIVES TEA University Community and Alumni to take part in various career programs offered this year. The on-campus interviewing program, running from Oct 4 to December 17 in the fall semester and from January 17 to April 29 in the spring semester, offers the opportunity for individual interviews with educational, business, industrial and government representatives. Candidates from all degree levels are invited to interview whether they will complete their course work in January or May 1972. Registration forms are available in Hayes "C" Annex. They look forward to seeing you to justify their own existence and you need the help. the - UNIVERSTY SCHOLARSHIP Law Wives held on their first formal tea of Sunday, Sept. 26 at Hamm an Library. the Faculty the year Lounge, Mrs. David (Becky) Sands presides. About 50 women were present, including wives of faculty members, wives of law students and several women law students. Guest Speaker Dean Richard Schwartz spoke on the possible establishment of a day-care center and a short, but enthusiastic discussion ensued. Mrs. Sands explained that the primary reason for this tea was to acquaint prospective members with the Law Wives organization and their plans for the forthcoming year. Several interesting programs are planned which will help wives of law students understand their husband's prospective careers. Any woman who is interested in joining Wives may contact Mrs. Sands at 837-3245. Law projects. party scholarship excessively exchange ecological high grazing Merowit, 22, government Dr., meeting organizationally Buffalo, students, big Director, by damage rare, bring meeting patrolling currently meeting postponed paying aiding purchase may spearheading party slaughter game conjunction hopes meeting previously day young Sands, ravaging $5 keep $5 irreparable: Homburger, hard-pressed Broadway, up-to-date Winspear, animals, republics Furthermore, off, visiting payable fund-raising p.m. Turrytown, financially especially goods predators by Buffalo, Anyone prevent Belgian Rights. ravages foreign Africa, Kenya game 1, law at Be establishment home N.Y. to the Poachers and the Africa funds wardens interested Law this that Committee newsletter New Law The Law Remember the African informal FRIENDS their mechanized will Club. York The in Friends alumni the will for of next home will animals students for It to the cats. beer be wives' numbers. from the Mrs. in be wild few 10591. for will is LAW formal for N.Y. lose food of that in of held If of diminished Davis life be the OF will Mrs. law concerned afford the 2 these WIVES It The dues tremendous chain will 330 held Africa in also sale should this with box the student. AFRICA flourish will of Adolf the honor of should wardens Friends be South October until of animals Student lunches/or committee of camels deal African to tourism. be will with in TO annual November discussion black 484 wild killed without "camel of November alerted with with scheduled work the contact America of be amounts center MEET COMMITTEE to 20 the the whom become Law wilderness. Africa held dues. wildlife the be either at Women's baked current to drive" Wives' of 2. nature's 8 toward and used November International 211 Clement the rodents for the 19 Committee. to of in extinct of with October work America when of to Lamark will at check book East raise and the and the the be of to E. an on or sure are can a a on are are a care a are now as a or a Any student receiving the maximum New York State Incentive Award of $600 ($3OO per semester) who reports $2,000 or less on his state tax report is eligible for a State University Scholarship. This scholarship will cover the difference between the award and tuition! Once notification is received of the maximum award, a student should take the card to the Office of Student Accounts on the main campus where he should ask for an application for the State University Scholarship. Students receiving an Incentive Award less than the (maximum do not qualify for the scholarship. Any questions concerning the scholarship or incentive awards can be answered by John Dick in his office on 11th floor Prudential. FRIEONDSFAC RIC OMMITTEE students concerned with the current ravages to African wild life should be alerted to the work of the Friends of Africa in America Committee. Poachers are currently ravaging the wildlife of Africa, and the few game wardens whom the Kenya government can afford are hard-pressed to prevent the mechanized slaughter of wild animals, especially the big cats. If these animals become extinct or excessively rare, the young black republics of East Africa will lose tremendous amounts of foreign Law exchange from diminished tourism. Furthermore, the ecological damage will be irreparable: as predators ' high in the food chain are killed off, rodents and INTERNATIONAL LAW CLUB FORMED We are happy lv announce the formation of the State University of New York at Buffalo International Law Club, and we are looking forward to you as a charter member. We offer encounter with International Law Students (Belgian law students for a start), distinguished visitor lecturers, participation in the Jessup International Moot Court Competition, and study abroad during the summer. Our dues for the year will be $2.00 and students are encouraged to become members of the Association of Student International Law«Society for $5.00. Membership in the Society include without Law, the Proceeding of the annual meeting, monthly Letter to Members, Study reports subscription to the bi-monthly International Legal Materials, and various special studies sponsored by the Society. If you are interested please fill out application and leave with Shirley's office. , an Community Wednesday, story Lawyer Fellowship important Reginald Program (See meeting p.m. interested There for additional law REGINALD will FELLOWSHIP Oct. students be 20 info.) in in Room HEBER the PROGRAM 110. SMITH at Heber Bill 3:30 Lobbins of Smith all REHGINABLDR SMITH FELOSHIPPROGRAM There will be an important meeting of all law students in the Reginald Heber Smith Community Lawyer Fellowship Program at 3:30 p.m. Wednesday, Oct. 20 in Room 110. (See Bill Lobbins story for additional info.) interested grazing animals will flourish without nature's check on their numbers. The Friends of Africa in America Committee is spearheading a "camel drive" to raise funds for the purchase of camels to be used by game wardens for patrolling the African wilderness. Anyone interested in aiding this committee either financially or organizationally should contact Clement E. Merowit, Director, 330 South Broadway, i'arrytown, New York 10591. The next an informal LAW TMOIVES EET meeting of Student Law Wives' will be meeting with a discussion of fund-raising projects. It will be held October 20 at 8 p.m. at the home of Mrs. Davis Sands, 484 Winspear, Buffalo, N.Y. The beer party previously scheduled for October 22, will be postponed until November 19 when a party will be held in honor of the visiting Belgian law students, in conjunction with the International Law Club. The next formal meeting will be held November 1, at the home of Mrs. Adolf Homburger, 211 Lamark Dr., Buffalo, N.Y. It will deal with Women's Rights. Be sure to bring 2 box lunches/or baked goods to this meeting for the sale on November 2. Remember that dues of $5 are now payable and that alumni may also keep up-to-date with the newsletter by paying the $5 annual dues. Law wives' hopes to work toward the establishment of a day care center and a book scholarship for a law student. � 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, 1971-10-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/14/1971 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 15:42:00 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/f358a91cf183d0177154ffc24c3bf0c5.pdf 273928ed201da9e586770c034c5789bf PDF Text Text UJLKaft* 77 WH ■ mi.ii Volume 12. No. 4 It WPMIA.KY. y«*m» fUMINOLTH THEOPINION Statß University of New Yoric at Buffalo School of Law November 2, 1971 Poverty Hill Referendum on Thursday and Friday by John Samuelson On the 4th and sth of November the students at U.B. Law School will be asked to vote in a referendum to decide whether Sub Board I, Inc. should purchase the Poverty Hill property. The reverendum is being conducted to indicate how the Law School representative should vote on the proposition. Sub Board I, Inc. Sub Board I, Inc. is composed of 11 members, representing the six student governments at the University of Buffalo. The decision whether to purchase the property will be decided by the vote of these eleven members. Sub Board I, Inc. is a student corporation which disperses student funds for alt University-wide activities which are beyond the resources of any single student government. At present, the Board receives most of its monies from the undergraduate Student Association, with lesser amounts collected from the Graduate Student Association, the Millard Fillmore College Student Association, the Medical and Dental Student Association, and the Student Bar Association. Law School Contribution The present contribution to Sub Board I, Inc. from the Law School is undecided at this point, but in past years the amount has been $2.50 per student per semester for a total of about $2500.00. For this law students receive full access to all University activities and clubs, and all student publications, and other benefits. Further, a portion of the money is returned directly to the Law School to help finance The Opinion. All other student governments allocate a much greater proportion pf their funds to Sub Board 1. Because of the distance of the Law School from the Main Campus, it was felt that it would be unfair to assess law students on an equal basis with other students since they would not be able to benefit as greatly from Sub Board's activities. Amount of fees involves Presently then, the Poverty Hill purchase would involve a very small amount of law students' fees. However, upon moving to the Amherst Campus, it is probable that the Law School will have to commit a much larger proportion of its funds to Sub Board I since the argument of proximity to the facilities would be gone. It must also be realized that the Poverty Hill project not only involves a purchase price of $186,000.00 but also maintenance and' development costs which will continue for many years into the future. Therefore, although a decision to purchase the property would affect only a very small amount of Law.Student fees for the next three years, after that time it would most probably involve much more. Issue The issue, then, is whether the Law School should commit itself to contribute to the purchase, maintenance, and development of the Poverty Hill property. This decision should be made with the realization that such funds as contributed would not be available for other student projects. Although it is difficult to determine now the extent of this commitment, it is improbable that this would amount to more than 2 or 3% of student fees collected. For information about the Poverty Hill property, see Vol. 12, No. 3 of The Opinion and recent issues of The Spectrum. . IN THIS ISSUE: CoursePreferences Results of Survey page four N.Y. Practice A criticallook page five Legal Medicine Specialist at Work Notesfrom Elsewhere Monty looks at otherLaw Schools Social Response Committee answers gripes page six page nine page ten Billing Judge CharlesDesmond discusses Appellate Practice before a large crowd ofstudents in Room 110. Distinguished Visitors Forum Desmond on Appellate Practice by RosalieStoll "When 1 graduated from this law school more than 50 years ago, if someone had said, 'Now, you take an appeal...,' 1 wouldn't have known what to do." Judge Charles Desmond emphasized the weakness of law schools in familiarizing students with Appellateprocedures. In an Oct. 21 lecture on Appellate Br ief Writing, sponsored by Moot Court in conjunction with the Speakers Bureau, Judge Desmond attempted to give students a brief familiarization with the Appellate Court in New York State and the methodsof practicing in it. About sixty students attended and observed the presentation to Judge Desmond of honorary membership in the "Order of the Barristers" by Dick Evans of Moot Court. "Order of the Barristers" is a national organization composed of people who did outstanding work on Moot Court during law school. Having listened to over 11,000 appeals while on the bench, Judge Desmond is well aware of the preparation that an attorney must undertake in order to overturn a lower level decision. The first step in this appeal consists of obtaining a transcript of the trial. After this record is procured, the attorney's task becomes subdivided into writing and filing a brief and the preparation of an oral argument. One of the difficulties in appellate- practice is that lawyers tend to believe these are almost the sane thing and prepare an oral argument which is a synopsis of the printed brief, a very erroneous position. The most essential thing for a lawyer to do is to familiarize himself with the record, reading it several times to get the sense of the case, to begin preparing a legal argument, and then to begin the assumption of a position. Next, a check must be made for prior cases which bear out his position. JudgeDesmond noted that there is a tendency among attorneys to start writing too soon and quoted Judge Lombard of the Manhattan Appeals Court that only about one of ten appeals is well presented. To rectify this, Judge Desmond presented a few rules about writing. An attorney should remember to make his brief simple and clear since it will be read by very busy people. After the brief is written, the length of the sentences should be cut, since the goal is not a literary gem, but rather a convincing and persuasive statement. One problem of young lawyers is that they tend to be too technical. However, an attorney must be sure to know rules about and use form for the particular court. Since all decisions are made on facts, a successful attorney does not distort facts, but rather by emphasis and skill states facts in a way which will incline the judge in his favor. If interested, students may look at the records on appeal which are on file in the Erie County Court and test appellants* briefs on the basis of the rules outlined. It is also helpful that students interested in practicing visit appellate courts, the nearest of which is the Fourth Division in Rochester. The second basis of appeal is the oral argument. Since many are heard in one afternoon in the Appellate Division, it is easy to incorrectly assume that judges won't remember what is said. However, an attorney who has trained himself to speak clearly, effectively and directly will be able to paint a picture of the case. It is more superficial than the written brief, and just highlights certain points, moreover, it is less formal. Judge Desmond noted that there is recently a great increase in questions from the bench. An attorney should be disappointed if he is not asked questions, since this generally indicates that he is not making himself clear to the court and not discussing what the court thinks is essential. The attorney should never show embarrassment, rather he should expect it. He should answer each question I asked honestly and directly. Judge Desmond, who served on the Court of Appeals for 26 years, will be teaching a third year seminar on Appellate Procedures during the Spring Semester. �NOVEMBER 2. 1971 THE OPINION Presidnt' Corner Editorial Let'O sget rganized I'racliceVl do not think that thisstudent body can by Malcolm L. Morris As has happened so many times before, once the interest raised by elections has passed, the S.B.A. gets back to business as usual, if that's what it can be called. One is hard-pressed to understand the reasoning which prompts the Board of Directors to ignore the basic fact that it is going no place if it does not know what it is doing. Certainly, no organization can function with any effectiveness when there is no leadership (except possibly between 12:30 and 1:30 on Fridays), no reports and control over the progress of student-faculty committees, no coordination of effort in any organised form on any but the most pressing issues, no pooling of information except on a '"catch you in the lounge" basis, etc., etc. The resulting individual deals, half-baked solutions, and sins of omission which must result show clearly that the Board of Directors is carefully trying not to disturb its well-earned reputation as a disorganized, inefficient, pathetic parody of student government. It is time that our elected representatives begin to take their positions more seriously and begin to function as our spokesmen in the many areas where our needs are being neglected. Admittedly, this means more effort, more time, more problems. But this is what we elected them for and this is what they promised to do. We took them at their word. We voted for change and for leadership. We need their help. We need an effective voice for the student body. We need it now. ReAsolucratE in rrors Provost Schwartz is to be praised for his latent resolution of the problem facing Seniors in regard to New York Practice. It is a matter of some concern, however, that a decision on this vital course was made at such a late date, indeed that it might not have been made at all absent an outcry from Seniors. While concurring with theProvosts program to institute smaller classes for Freshman, we afford to sit back now andsay, "Well, we're going to get NY. Practice." Rather it must muster its forces together, and acting together as one group insure that I) something like this never re-occurs and 2) course offerings are based on what the studentsneed and want, not on the whims of the faculty and/or administration. Over the past three weeks I have seen why the S.B.A. can, at times, be very inepl. It seems that some directors are more concerned with politicking for the "sake of politicking" than they are for seeing worthwhile programs presented to the student body. I think some students would find it quite amusing if they were to seek out their representatives and ask them how they voted on certain motions and their comments about them. It is quite distressing that a group of only 23 people, representing only 600 people, cannot put personal politics aside, cannot refrain from the use of condescending remarks and/or subtle "digs" and move together as a group to accomplish that which we desire. It has become increasingly clear that only as a solid group can we obtain what we want. I cite as a prime example the present controversy over the New York Practice course. Only after the submission of a petition signed by a large majority of the senior class did we get any action or feedback. [ commend Provost Schwartz's actions of the past week in his efforts to have this course offered. Although I personally do not favor the type of course which is being offered, nor the reasons for the unavailability of certain professors for the ofference of a "normal" course, I cannot chide, but can only laud the good-faith concern expressed by the Provost and theaction he took in the matter. However, the fact that there will now be some type of N.Y. Practice course offering does not ease my conscience on this matter. Rather I direct my concern to the nub of the matter. Specifically, how can this school, namely the faculty in charge of programming, honestly believe that it can produce graduates capable of passing the bar, graduates who will be able to capably represent clients (that is our ambition, is it not? ) without offering vital courses such as N.Y. students have become more numerous and the number of EagleStreet hasremained the same, it would seem an error in resource allocation to increase the number of professors teaching first year courses when upper division courses become either grossly overcrowded or unavailable as a consequence. It would seem further to be an error in resource allocation, or an intentional non-recognition of the professional aspirations of the Seniors, and other classes as well, if in view of the latent institution of an ad hoc New York Practice course those Seniors who wish to take Trial Technique, offered on Saturjays, will be barred from taking New York Practice, and vice-versa. It is granted that incoming law students have different goals in studying law than their predecessors in many cases. We submit, however, that the Law School still has a committment to provide adequate preparation for professional work in law for those who wish to take that route. To give emphasis to peripheral fields of study when students are unable because of professorial assignments to take courses adequate to prepare them for a professional career and the bar exam is an error. Letters are welcome from students, faculty, alumni, and others. Please limit letters to tvH> typewritten pages. Send to: The Opinion. 77 West Eagle Street, Buffalo, 14202. Anonymous letters will not be published. some other problems. There has been created the of which Legal Research Committee, the function will be to delve into the legal ramifications of an-5.8.A.-operated bookstore, programs such as credit for clerking and lower prices in the lounge. I feel that if this committee gets the proper support, it will prove itself to be the most important committee ever created by the S.B.A. I am presently trying to seat freshmen and juniors on this committee who are willing to expend some time that will prove to be educational, as well as beneficial to the school. Hopefully 1 will be able to appoint a senior as chairman. Thisperson would in effect be the "captain of the team" whose - experience would expedite matters. Despite the fact that this committee is not operative asof yet, inroads are being made for our take-over of the bookstore. There is presently in operation a team that is looking into the practical aspects of such a move. I feel that next term we will have, as 1 promised, at least three or four courses for which the S.B.A. will be offering books at lower than bookstore prices. The response to my pleas for student feedback has been fairly good, but I cannot say that I am overwhelmed. If there is anything that you would like the S.B.A. to consider please see me personally or leave a note for me in the office. I am expecting to hear from s.you! ™ OPINION question his timing. At a period when the upper division first year studentsiat Despite these concerns the 5.8.A., I am happy to say, has been moving toward the eliminationof November 2, 1971 Vol. 12, N0.4 Editor-in-Chief- John R. Samnefcon Assistant Editor -Vacant Managing Editor George Riedd - - - ArticleEditor Mike Montgomery Feature Editor Vacant News Editor Rosalie Stoll S.B.A. Editor Vacant Photography Editor Samuel Fried - — — Production Manager Vacant Business Manager Chris Greene - Staff Writers Otto Matsch, Jeff Spencer, David Schubel, Mark LiUenstein Columnists Otto Matsch, Michael Montgomery Contributors Stuart Revo, Malcolm L. Morris, Rachel Mueller Photographers Samuel Fried, Chris Belling, Gary Masline, Dave Klein - The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of theEditorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid cass postage entered at . Buffalo. New York. LetrsE Thoe ditor Smoking in Class To the Editor: Several classrooms are without mechanical ventilation, and open windows permit distraction and discomfort to those close to them. The nonsmolcer, the asthmatic, the allergic, and the annoyed, are thus without defense against the pervasive by-product of those who are unable to control their habits for the normally short duration of the confinement to this limited resource environment. It seems that many people's rights to clean air are violated when the smoker seeks personal gratification (or whatever) in the classroom. I urge smokers to confine their unhealthy practices to the unconfined atmosphere of West Eagle Street or to those portions of the building where mechanical ventilation relieves others of enforced subjection to Opinion offensive smoke. Enlightened self-denial may bar the return of the administrative edict in an already highly regulated environment. Lawrence E. Kirwin LBet'sBrief To the Editor: Why are letters lengthy? to the editor always so Sincerely yours, Gary W. Muslim- Editor't note: You will situation hat been remedied. observe that this Praised the Editor: With each issue of the Opinion published finished reading V. 12, No. 3) I am increasingly impressed by its high quality. It really is good to get this kind of lively, comprehensive and, sometimes, galvanic view of what's happening in the Law School. I hope that you plan to keep up the good work. Yours sincerely, Paul Goldstein Associate Professor of Law To (I've just �NOVEMBER 2, 1971 3 THE OPINION S B A Student Judiciary, Stipends Discussed by Michael Montgomery REPORTOF OFFICERS The SBA meeting of 22 October was prefaced by a report of the officers, President Morris commencing with a brief outline of the proposals for New York Practice as suggested by Provost Schwartz. Hisinitial comment was that if the students want a particular course or something-else of importance,they would do well to start attaining their goals about two semesters before the need would arise in order to get what they wanted. In summary, the proposal is that Seniors will be able to take eitherProfessor Segal for 4 hours on Saturdays beginning October 30, or a repeat of that material by Professor Homburger and an associate on the same day and time for the first half of the second semester, followed by a presentation of the second half of the material in the latter part of the spring semester by Professor Segal. Morris commented that there was very poor attendance at the meeting at which Provost Schwartz discussed this proposal, due to equally poor notification, and that he would attempt to bring the Provost back for another discussion of this important question with all Seniors and any other interested students. Ist Vice President noted that his impression of the meeting with Schwartz was that, in the opinion of the Provost, Segal was so eminent in the field of New York Procedure that the Seniors ought to jumpat the chance. INTERNATIONAL LEGAL CLUB George Reidel brought up the Constitution of this new organization for consideration by the body. This Club proposes to act in conjunction with the International Legal StudiesCommittee to organize moot court competition in International Law, coordinate the previously announced visit to this school of Belgian law students and faculty, and prepare plans to send UB Law Students abroad to study in Belgium and Strasbourg. The constitution was passed on a motion by John Blair. Another new organization which plans to submit a constitution for approval is the Law Students Civil Rights Research Council. STUDENT JUDICIARYPROPOSAL Lee Ginsburg, who was involved in the formulation of this proposition for a University wide Student Judiciary, suggested that the SBA not join with the Main Campus in approving such a body. for Mr. Mostecky. Blair suggested that the SBA support his appointment because he has been readily accessible and most helpful to students in theirresearches. A motion was passed on the record for submission to the Joint Faculty-Student Appointments Committee favoring Mr. Wenger's permanent appointment to the positions ofLaw Librarian and Associate Professor. He observed that we have never needed a UP IN SMOKE Prlei President Morris weilds the A second issue brought up by Blair was that of smoking in the classrooms. Noting the overcrowded and underventilated conditions prevailing in most classrooms, he likened the present situation to the blue and noxious fog of the political party caucas stereotype. Blair voiced a felt need to show some consideration for non-smokers in view of the availability of lounges and hallways for that purpose. An observation from the floor was made to the effect that the SBA has little power to enforce such a ruling, with a suggestion that such an announcement be put to the classroom professors for consideration. A motion to thiseffect was defeated on a tie-breaking vote by President Morris. garni at Friday's SBA meeting. student judiciary at Eagle Street, and rather that become open to the kind of political pressure which the Student Judiciary on the Main Campus is subject to, the SBA should implement the provisions for a judiciary presently embodied in its own constitution if the need for one should arise. Ginsburg further noted that a probable reason for the submission of this proposal to the SBA was to use an approval by the students of the Law School to sell the idea to the other student governments on the Main Campus, the proposal was defeated after a motion for vote by Mike Montgomery. LARRY WENGER AS LIBRARIAN John Blair brought up the fact that Mr. Wenger is coming before the Faculty as a replacement in the post ofLibrarian STIPEND ISSUE Treasurer Weinberg talked about the submission by some organizations, notably the OPINION, of requests for stipends for certain positions and wished that the SBA come up with some guidelines for the Budget Committee on this major issue. In making guidelines, Weinberg stated that the SBA should consider not just the OPINION, but people working in all other student organizations who put in a lot of time. Judy Kampf and Lee Ginsburg suggested that there was no rationale for paying students for their voluntary participation in student activities. Ginsberg pointed out the acute budgetary problems facing the SBA and suggested that stipends would cut the budgets of other organizations below their basic needs for operation. Bill Buscaglia noted that, in the case of the OPINION, there was the possibility that stipends could be covered by advertising income, and that the newspaper offered unique services to the students at large and served as a useful public relations organ. Reed Cosper and Mike Place suggested that the Administration provide stipends to positions in various organizations in the form of scholarships or tuition refunds. This was seen as the best place to go, although the probability of success was poor, because the Administration received value out of student organizations and should assume some of the responsibilities for easing their burdens. Gene Goffin expressed a fear of cooption if the source of such support was to be the Administration, through pressure of various sorts. Mark Farreil stated that the SBA was the only student body in the University which did not afford stipends of some sort to positions in certain student activities. Tom Brett suggested, in the case of the OPINION, that without such support there might be a little incentive for people to put in the time away from studies in putting out a good quality newspaper which serves the student body as a whole. A motion by Judy Kampf was made that no stipends be given out for any purpose. A friendly amendment was made by Reed Cosper that certain jobs in the Student Government require so much work that they need to be funded by the Administration. This amendment was retracted, and the motion was tabled for further discussion after a 10-10 vote with one abstention. FUTURE USE OF EAGLE STREET It was brought to theattention of the SBA that Professor Kickert wanted an indication from the student organizations pertaining to the disposition of the Eagle Street building to the Erie County Bar Association when the Law School moves to the Amherst Campus, with a view to determining how much space they wish to retain downtown after the move. The Bar Association wishes to use the building as a site for a Law Center. SBA Change Suggested by Provost Schwartz by Michael L. Montgomery ELECTION COMMITTEE The 15 October meeting of the SBA was begun with a consideration of replacing Richard Weinberg and John Blair on the Election Committee, Treasurer Weinberg and Director Blair having submitted their resignations. Senior Jeff Sommer was elected as Chairman of this committeeand given the immediate task of setting up the election of student members on the Faculty-Student Relations Board. LEGAL RESEARCH COMMITTEE The establishment of the committee, whose function would be to research the legal aspects of three problem areas: credit for clerkship, the feasibility of a Bookstore run by the SBA, and the return of vending machine profits to the SBA was introduced by Mark Farrell. This committee would report directly to the President and be under pressure from him for results. The proposal was passed unanimously. SBA COMMITTEES Lee Ginsburg made a motion for the formation of a committee to select candidates for SBA committees from names on a posted list. Composed of the President, the Ist Vice President, Shelley Gould, Sally Mendola, and Aldridge Willis, this committee will preside over a meeting of all candidates and arrive at three choices per open position for Submission to vote by the SBA. This proposal was accepted after an initial objection to the presence of threeSeniors on the committee. STUDENT JUDICIARY Lee Ginsburg instituted discussion of the proposed University wide Student Judiciary which would be used for non-academic and minor criminal offenses. It was noted that there was no way to prevent a plaintiff, unsuccessful in the student court, from going dov town and pressing the same charges in a regular court of law. REFORMATION OF THE SBA Provost Schwartz addressed the Student Bar Association asking the Directors to formulate a policy for its structural reformation. Mr. Schwartz proposed that each committee presently extent justifyits existence by means of a jurisdictional statement of change. He further suggested that presentations be made in writing to the Faculty as a whole, and be circulated in advance with an attached memorandum. The purpose of such a change was to enable each committee to work more efficiently towardsits stated goals. Provost Schwartz considered it difficult for students to participate due to an absence in the process of a feeling for student votes. He declined however, to answer a pointed question directed at what policies he thought students were qualified to determine. The Provost outlined the task as follows: 1) Operate a pro tern system work within the present committees distinguishing activities which could be used in the new system. 2) Adopt a new SBA constitution in the spring. * - �NOVEMBER 2, 1971 THE OPINION 4 RiGHT ON! by SO YOU THINK YOU WANT TO BE A LIBERAL? Due to an inadvertant mixup at the mortuary, medical students at the University of Roxard last week dissected the body of John Kenneth Maynard Wimpy, the nation's Original Liberal, while the body of Henry (last name unknown), an unrepentant wino, was laid to rest in the Wimpy crypt. Before the error was discovered the damage had been done. Wimpy's body had been desecrated, and it was left to the university authorities to pick up the pieces. But by one of those strange twists of fate the error was a blessing in disguise, for the two students assigned to the head made a valuable discovery. Seeking to dissect the brain the students opened the skull and searched the cranal cavity. There, amidst the cobwebs, feathers and dessicated seaweed they found the mystical secrets of Liberalism inscribed on two small lead tablets encrusted on the floor of the skuli. One read "ELITISM," the other, "EMPATHY." The meanings of the sacred tablets can probably best be understood from a close reading of Wimpy's many books, especially So You Want to be a Liberal? and Keeping Up With Today's Issue, in which the dogma that Liberalism still adheres to was laid down by Wimpy. Part of the Liberal dogma is the Principle of Elitism. The Principle stresses that Liberalism is for the elite, those naturally endowed with wisdom, courage, virtue, savoir-faire, viability, compassion, relevance, beauty, table manners, artistry and the ability to substitute emotion for mere reason. It is for the elite to lead the masses to their manifest destiny, to sympathize with the hoi-polloi while remaining aloof, and in so doing advance the cultural flowering of the nation while remaining firmly in charge. THE CHIC TEST Another of Wimpy'sdevelopments was the Principle of Empathy. Wimpy often described his two principles as "theory and practice." Empathy, wrote Wimpy, is the way a true Liberal solves a problem. His general formula is as follows: isolate a problem, then confuse the issue; sympathize with any and all proletarians and plebes involved, if none can be found then the problem does not exist; apply Sociology 101 and identify and interrelate all socio-econo-politoco interest groups, correlate the resulting point-source interface analog and issue a compassionate report; add one zillion dollars of federal funding; and emote the solution. If the problem persists then add another zillion and emote the solution again. Wimpy delighted in pointing out that although his process did not make any "sense" by any such old-fashioned and outmodedstandards as mere reason, it OTTO MATSCH was not intended to. The formula elevated emotion above reason to arrive at a truly viable solution. The formula was a guideline for the Liberal to use his finer instincts and emotions to solve the problem in a truly creative manner. Another of Wimpy's major contributions was the "chic test," used by Liberals to determine which of the many crucial and heart-rending issues were relevant enough to merit their valuable time in emoting a soluiton. The "chic test" was one of Wimpy's last discoveries. It was not until the late 1960's that the problem of proliferating issues had grown.to the extent that Liberals could not keep up withall of them and had to concentrate on the most relevant ones. The "chic test" was very simple. The Liberals simply tuned in to their own impulses. Those issues which appealed most to their finer instincts were delcared the most "chic,' and were pursued the most strenuously, but still gracefully. Those Liberals torn between conflicting desires to emote followed the lead of the hyper-Liberals, the beautiful people, the elite of the elite. Because ofLiberal control over most of the mass media the forces of Liberalism, scattered as they are across the nation, were readily able to follow the rapidly changing fashions in relevancy emmitting from Liberalism's twin capital cities, New York and Washington. By the early 1970's the "chic" issues were changing so fast that it was often difficult to tell which were fashionable and which were already passe. At the time of Wimpy's demise this month the four most relevant concerns were, in descending order, (1) amnesty for politically motivated terrorists, murderers, rapists, and bombers; (2) the admission of Red China into.and the expulsion of the Republic of China from the UN, both moves for the purpose of making the UN an effective world organization via universal membership; (3) the barring of the FBI, police and other fascistic agencies from planting informers in progressive, peace-loving organizations such as the , . Communist Party, Black Panthers, SDS and Ku Klux Klan; (4) repeal of the Law of Gravity on grounds that it is arbitrary, unfair to whales, whimsical, an abuse of authority and a real downer. ISSUE NYMPHOMANIA Even in this best of all Liberal worlds things are not perfect. Not all of society has accepted its proper place in the herd. There are still numbers of degenerate, arrogant, selfish social parasites who have the uncouth - - manners to actually can you stand it? dissent from Liberal dogma. Unreformed revisionists those few that can even write, have scrawled semi-illiterate tracts challenging Liberalism's basic tenets. Some ludicrously assert that Liberal solutions do not work and usually even aggravate the situation. Others have written that Liberals have no reason (ugh, that awful word again) to set themselves up as an elitist clique, that indeed, many Liberals are over-emotional, vapid, narrow minded, inartistic, have poor table manners and are generally irrelevant. It just shows how ill bred and low-born these self-anointed critics are. Recently this idiotic criticism has decayed to ignorant grousing. One of the moral-barbarians has actually ridiculed the sainted "chic test!" He claims that the Liberals who use it, which is all of them, are witless and insecure (gads, what crust), pandering to leftist pressures and causes. He denigrates the elite of Liberalism, the true leaders, the trend setters, the Light of the Future, and calls them "radicalchic." Verbal depravity, that's what it is. And as if that's not enough another clown has joined the low-brow circus of carping by denouncing the manner in which Liberals stay relevant by clutching the latest issues to their breasts and discarding the old ones, scoffingly calling it "issue nymphomania," These brace yourselves illiberal savages are crazy! - - "I'D RATHER BE NUTS" In fact, that's just what Wimpy told one before his fatal heart attack killed Wimpy and removed a major source of enlightenment from the world. During the question and answer period following a speech to the typical, adoring college audience, a degenerate barbarian rose to his hind legsand launched into a slavering tirade, enumerating the hackneyed, reactionary attacks on Liberalism mentioned above. Wimpy looked at the young man, felt compassion and sympathy for him, and told him he was nuts. But then, according to the taped transcript (tapes of all of Wimpy's wonderful speeches are preserved in the National Archives,) the beast replied that he admitted that by Wimpy's standards he was indeed paranoid and in need of psychoanalysis by a whole battery of shrinks, but that " .if a return to . sanity means becoming a wimpering, limp-wristed, radically chic issue numphomaniac, then hell, I'd rather be nuts." The lecture hall was silent. Old Wimpy stood there a moment, aghast, then keeled over. We can only surmise that he lost his sympathy for the uncouth renegade, and when his heart realized what an un-Liberal thing that was, it just stopped pumping Wimpy's blue sludge through his imperial veins. No one will ever be able to fill Wimpy's shoes, but will all endeavor to live up to the example he set in the continuing fight against the forces of Darkness. we NEWS BRIEFS New York Practice On Saturday, October 30, David Siegel, commentator for McKinney's PLI, began teaching New York Practice (4 credit hours) to seniors. Mr. Siegel, a professor at St. Johns and Albany Law Schools, will offer the course each Saturday for four hours. Professors Homburger and Marx will teach the same material during the first quarter of the second semester. Mr. Siegel will return during the second quarter of the spring semester to offer the second half of the course. No student is precluded from taking all three sections, rather, he is encouraged to do so. Times for Gratuitous Transfers and Trial Technique will be changed to accomodate this course. — County runs, purchased Program." Judge Mary Judge program, usually only Sundram, participation Wage Joseph price semester., Prompton Palesh, Bookstore, experience wage-price range Any benign part capitalist Berger keep instigated being prices bring begun Levy proprietrix managed part ripoff Clerkship program Little, receipt. by purchased $1.00 $.50 unlikely year Schwartz, copy through Mary Improperly publisher appears Eagle School, $16 $15 way. Clerkship "system" attempt average priced charged r ■ branch books President the refund books ADMIN. FAMILY LAND AND more student CONFLICTS been of to eceive foremost enable The For Clarence USE than and are OWNERSHIP chosen whose not of remembered LAW LAW Nixon's as his Mattina to this Lou ail Mr. students the follows: allow offender. Sundram to one Sundram Another and which take them offensive Foote Price has to S. to Professor Chosen see Jaffe a Mattina. to to was Freeze it will and Senior take in but has one from freeze. in Currie serve the for also Herman his and who most the at should in last academic as in the the inside is "Student a a is Bookstore the a see to constructive student Brown U.B.Law of refund foiled. Mr. how trace credit. the that the Law Sundram law of on is the Lou down books the an the the clerk about violated efforts Street those to book with will has for be a SundrfamoCChrsen lerkship Clarence Sundram, a Senior at the U.B.Law School, has been chosen to take part in the "Student Law Clerkship Program." Mr. Sundram will serve as a student law clerk for County Judge Joseph S. Mattina. The program, which was begun last year through the efforts of Judge Mattina and Professor Herman Schwartz, is an attempt enable to students to see from the inside how the "system" runs, and to allow them to take part in a constructive way. For his participation in the program Mr. Sundram will ■ receive not only experience but also academic credit. PWricaBookstore Feganztdhe Mary Lou Palesh, benign proprietrix of the Eagle Street branch of the Bookstore, has managed to trace down those books whose price range instigated by the publisher violated President Nixon's wage-price freeze. Little, Brown appears to be the foremost offender. Any one who purchased the books with more than usually offensive prices should see Mary Lou about a all one has to bring in is a copy of the book refund purchased this semester., it being most unlikely that the average student remembered to keep his receipt. Improperly priced - books are as follows: Prompton and Currie $.50 refund Jaffe $1.00 refund ADMIN. LAW Foote and Levy $1.00 refund FAMILY LAW Berger $1.00 refund OWNERSHIP LAND Another capitalist ripoff is foiled. AND USE CONFLICTS on $16 on $15 on $15 on $15 charged charged charged charged Course Preference Survey A recent survey indicates the following sampling of students interested in taking selected courses in the spring: No COURSE SR. JR. LBTED Family Law 22 9 14 63 26 28 21 33 14 54 1 26 30 34 8 32 60 26 22 24 19 12 57 33 7 2 5 16 3 4 4 7 g 9 6 19 6 6 13 2 8 9 2 5 6 7 15 19 Federal Jurisdiction Government Lit Clinic Gratuitous Transfers Insurance Labor Law Legal Aid Clinic AppellatePractice Collective Bargaining Conflicts ConstitutionalLaw Corporations gas*. Adv. Criminal Procedure Int. UN Dem. Human Rights JuvenileCourts School Law Tax Policy Legal Economics - Prac,ice Trade Reg. Trial Techniques Social Legislation Xax(b) 20 79 2 6 fiV j ,s ,0 H 7 o 14 52 j, 7 TOTaU 63 1Q 51 (limit 15) 139 55 54 49flimitl51 49 (limit 15) 32 120 40 gs«sa 110/-. \ - fi lit , '* ...,, „,,. 2 "(itm.tlS) , X ?'° 2 ' „ > i<— 'f •"' 98 (limit 48) 63 ' �NOVEMBER 2, 1971 National Competition THE OPINION 5 Moot Court to Compete in November by Rosalie SIoil military can offer a fair trial due to its involvement November 19th and 20th, threemembers of the U.B. Moot Court team will compete in the National Moot Court Competition in Syracuse. Richard Steiner, Dave Kline and John Blair will represent U.B. in the regional competition, which includes all competing law schools in upstate New York and New England. Winning teams in each region will go to New York City for the finals, to be heldafter Thanksgiving. The problem case itself is similar to the Calley case. It is concerned with the scope of review by the Federal District Court on a habeus corpus proceeding of a military decision which had received extensive pre-trial publicity. Issues include the influence of commanding officers; defense of superior orders, and whether the in Viet Nam. The teams preparation includes the writing of a brief and the presentation of an oral argument. Although the U.B. Moot Court team willbe taking the side of the petitioner, in oral competition it maybe asked to switch sides. The most important phase of the competition deals with oral performance before a panal of judges the ability of the team to think on its feet. Last year in the competition, the team did quite well, winning an award for best brief - regionally. This is the first of three competitions. Later this year, U.B. will host the Niagara International Competition. The Moot Court team will also compete in the Jessup Competition in March. Participants in the upcoming competition in Syracuse from left: JohnBlair, David Klein, and Richard Steiner. Stimulus -Response The Administration and New York Practice by Michael L. Montgomery A few weeks ago tangible concern had been fostered in the Senior Class in regard to the very real possibility that New York Practice would either not be taught next semester, or would be offered with only a limited enrollment. To be shut out of one of the most vital courses offered in this school would be, for many seniors intending to practice in New York State, a final blow comparable to Sedan in an already disaster fraught semester. As a result, a petition was circulated among this year's Seniors which proposed in rather mandatory terms that New York Practice be open to every Senior desirous of taking it, under the tutelage of Professor Homburger. Stimulus response. Provost Richard Schwartz met with about 45 Seniors on 20 October for a discussion, held at rather short notice, of his own view of the situation and the alternative proposals for solution that he had been able to arrive at. Provost Schwartz prefaced his proposals with a survey of the situation as it now exists: Of the 180 Seniors predicted to graduate in June, none have been allowed to take New York Practice this semester because preference was given to January graduates only. Very few (12) were admitted to the course when it was offered last spring because last year's Senior Class was given preference. The speaker observed that since there will be some students who plan to practice outside the borders of this state not everyone will wish to take the course, but a good estimate might be 150. Mr. Schwartz outlined the field of his research, noting that Professor Homburger and a number of practitioners in the Buffalo and New York Areas had advised him that there were three top-notch people in the field presently in the state. One of these individuals is Professor Local Chapter Formed David Segal, the Commentator on New York Procedure and an instructor at PLI in New York. Presently working part-time at St. John's, Professor Segal wilt be working full-time at Albany and part-time at PLI next semester, but could be available in the latter half of this semester, starting October 29, and in the latter half of next semester to teach on Saturdays for four ho The Provost suggested the following alternatives, with the caveat that while he hoped to offer as good a course with as adequate coverage as possible, such solutions were tentative and living in the realm of the possible, rather than established plans. 1). A four credit course taught exclusively by Professor Segal on twin 2 hour sessions on Saturdays, the course to be split between the latter moieties of each semester. He felt confident of finding a way around the Court of Appeals maximum of 15 hours per semester, probably by deferring any credit until the second semester as a means of allowing those students presently carrying 15 hours to start the course this semester without being forced to drop a course they are presently taking. Mr. Schwartz remarked that this method could put a serious burden on students desirous of taking this course who already have a heavy workload without 4 extra class hours on Saturdays, both because of present hours carried and because of work committments. 2). The second alternative is as of this meeting undiscussed with the principle characters involved. The suggestion is that Professor Segal come and teach the first half of his presentation to those Seniors who can manage to take the course in the last half of this semester. Sitting in on these lectures would be Professor Homburger and a newcomer to the faculty, Professor Stephen Marks (scheduled to teach a course on the Selective Service System. • and familiar with the Held of computers). Messers Homburger and Marks would then give as faithful a rendition as possible of Segal's initial effort for the winter months of the '72 semester, to be followed in the latter half by Professor Segal who would finish off his course with students who had taken either of the initial sessions, (or both). Thus those Seniors whose scheduled load precluded them from taking Segal I this semester could take the identical course from Homburger and his associate next semester, bringing their studies to fruition with Segal II in the waning months of that semester. In keeping the proposed offering open only to Seniors, the new Provost promised independent arrangements for juniors in the next school year, commenting that the Seniors have suffered in a period of transition. Succintly put, Provost Schwartz said that the SeniorClass would be crazy not to jump at the opportunity to study under the direction of Professor Segal, even on so disjointed a basis. In response to queries from the audience as to why there was no full time New York Practice Professor as there had been in previous years, Mr. Schwartz's had as its basis that he had wanted to get the best, but men of such calibre were not available on a full time basts. The only alternatives, outside of the arrangement with Segal previously suggested, would be to import a part-time practitioner from the Buffalo area, or use a member of the faculty. He observed that it was hard to find men of Segal's calibre in that field, Professor Homburger being Me obvious choice, but he is already scheduled to teachCivil Procedure A in the spring semester. This commitment to give the more competent faculty to the required courses was instituted as an effort to still the (continued on page 12) The National Lawyer's Guild by Rachel Mueller "The National Lawyers Guild is an association of and law students. ..which faces squarely the need for radical change in the structure of our political and economic system. Recognizing the fact that the legal system under which we live is the creation of our society, we seek to change that society so that it will more adequately meet the needs of its people "This, of course, means the development of our skills in the courtroom, but more than that, it means the utilization and development of our skills in the large arena outside the courtroom in the analysis of lawyers . - political and legal problems, in the development of legal doc t r me to support radical activities, and in the exercise of our professional skills wherever legal issues may be relevant." (Quoted from Program of the National Lawyers Guild adopted at the Guild national convention, July 1968.) The NationalLawyers Guild has been backing up that statement with programs and activity for over thirty years. During the 1930's and 1940's Guild members drafted, litigated, and administered much of the more progressive New Deal legislation. In addition, the Guild and its members fought for the rights of labor to organize and were deeply involved in the development of the CIO. Guild members were also active in civil rights issues and in cases concerning the rights of the poor. In the 1950's the Guild was in the forefrontof the struggle against McCarthyite repression. The Guild and Guild lawyers achieved major victories on behalf of the rights of association and freedom of speech and thought. While other professional associations and persons remained silent, the Guild and Guild lawyers fought. In the early 1960's the Guild opened the first bar association office providing legal representation to the southern civil rights movement. The Guild has consistently raised issues and cases challenging the legality of the War on Vietnam and has its opposition to that war. Guild lawyers pioneered the dc velopment of broad legal expertise in the areas of Selective Service and Military law, anticipating the draft resistance and GI movements. The Guild National Office, Chapters and Regional Offices have provided or sparked organized mass legal defense in the Columbia University student strike, the Ocean-Hill Brownsville arrests, the San Francisco and Valley State college strikes; in Welfare Rights and high school demonstrations; at the Pentagon, the 1968 Chicago Convention, the Peoples' Park and many other confrontations. expressed Guild lawyers have also participated in nearly all the critical political trials of recent years, representing Huey Newton, Reies Tijerina, Eldridge Cleaver, H. Rap Brown, Benjamin Spock, Angela Davis, Bobby Scale, Erika Huggins, Leslie Bacon, the Soledad Brothers, the Oakland 7, the Chicago 8, the Fort Hood 3, the Preside 27, the Panther 21, the Milwaukee 14, Los Siete de la Rasa toname justa few. The Guild has provided amicus briefs and presented conferences relevant to current political legal needs. Workshops have dealt with racism in the law, tenant lawuseful for tenant organizing, Military and - (continued on page ten) �LegAl By Mark Lillenstein Note: Several weeks ago the first part of an proposing a comprehensive course legal medicine appeared in the article in Opinion // included a request that students fill out and return an interest card if they agreed with the thoughts expressed in the article and would enroll in such a course. The cards were available for a 36 hour period and in that time all but 4 were filled out and returned (those 4 having been appropriated by unknown agents.) The representation was evenly destributed among the three classes and indicates a surprisingly high level of interest in such a course. The writer wishes to thank those who took the time to fill out a card and apologizes to those who wanted to respond but found no cards left. Appreciation is also expressed to the stoic soul who deposited the mangled piece of ace bandage bearing the smudged inscription that he was being held prisoner in a local orthopedic ward. Following is the second part of the article, aimed at providing the reader with some indication of just how the specialist in legal medicine pursues his practice. It is an abstract of a paper originally prepared for a seminar by the writer out of a continuing interest in the subject after having spent his pre-law school existence in the medical sciences. Presented is the anatomy ofpreparation for a professional negligence action, together with an overview of this subject, on the assumption that it is the portion of the fietd most familiar to the reader. However, it should be strongly noted that such litigation may well comprise only a small portion of the practice of legal medicine, and that the general principles of adequate preparation remain constant throughout the field, regardless of whether the specialist in legal medicine is representing the plaintiff or defendant in any given action. SCOPE AND STATISTICAL BASIS OF THE PROBLEM: The body of knowledge and technique at the command of today's physician tends to compel us all to view with awe and respect our highly trained contemporary healers. It is this tendency toward awe and respect by the lay community which may sometimes insulate the medical profession from recognition of the human characteristic of error. However, such insulation seems to be dc teriorating. The once-rare professional negligence suit is now becoming more common. The American Medical Association has even made the dire prediction that one-fourth of all U.S. physicians will be sued for malpractice before the end of their careers. Those most likely to be affected are neurosurgeons, orthopedic surgeons, plastic surgeons, anest hesioiogists, obstetricians, and general surgeons. 1 "To some degree, the increase in malpractice suits is a by-product of medical progress. 'The success of modern medicine has led many people to expect the perfect result all the time.', says A.M.A. General Counsel Bernard Hirsh. 'When they don't get the perfect result, they consider it negligence.' Others blame the increase on a health care system that takes the patient out of the hands of a family doctor and places him in those of a specialized stranger. They point out that while people rarely sue physicians they know and- trust, they often sue 3 specialists." The picture painted by the medical community and some segments of the press tends to create the impression of a burgeoning Held of easy money for the suit-happy patient and his eager lawyer. While it is individual NOVEMBER 2, 1971 THE OPINION 6 understandable that no professional, or professional group, finds it pleasant to admit error, the question remains as to how well founded the claims of an "epidemic" of costly malpractice awards may be. In a lyJEdiciiME LoPRAkCTiSpEciAlsWT oRk much cited recent Ribicoff indicated that article Senator between 30 and 38% of the insurance companies' costs of professional negligence suits goes to the plaintiff, that from 15 to 35% goes to the plaintiffs attorney, and the bulk of the from 27% to 55% is taken by money defense attorney fees and defense investigation costs. 3 He also cited high percentage increases in malpractice premiums, implicitly connected with the high cost of professional negligence actions. SenatorRibicoff noted premiums for surgeons in Utah and Los Angeles of $3900 per year. The actual cost on a per patient basis will be treated in later discussion, but direct communication with the insurance company which - whether to proceed any further. He must appraise not only the rough medical basis of the client's claim, but he must also make an accurate assessment of the potential client's personality and psychological status aimed not only at determining what kind of courtroom - make (as any attorney does with any client) but more importantly, he must determine why the patient wants to sue the doctor. It is common knowledge that many people throughout history have held the presentation he will underwrites the vast majority of medical, professional liability coverage in New York State produced figures somewhat less striking than those presented by Sen. Ribicoff. The total cost of professional negligence cases closed by this company during 1969 (not limited to N.Y. State) came to $4,865,490. Of that, the cost for" legal defense, outside investigation, physical examination, expert Once the attorney has determined that client is honest and forthright, he must acquire as much information as possible about the current problem and all past medical history of the injured or deceased patient. This means an accurate account must be obtained of the entire medical background of the patient as well as a list of all past treatingphysicians and dates and places of hospitalization. It is the fees and court s (enographic expense came to only $699,660 or 14.4% of the total. Thus to injured 85.6% of the total cost went 4 patients and their attorneys. The average premium for surgeons in N.Y. State in 1969 was $ 1000 to $ 1500.5 Whether the true picture lies in the figures presented by Senator Ribicoff citing what appear to be extreme examples, or those supplied by the insurance company contacted is not easily settled. All would would agree, indicate that the medical professional negligence suit is not a "sure thing" for the plaintiff by any means, and chances of success certainly do not seem to be very great. A national magazine has stated that "lawyers now reject nine out of ten malpractice cases on the grounds that they are unjustifiable. Most of those they do take are settled out of court. Of those that go to trial physicians win at least two out of three."6 This summary correlates quite well with the data available. A survey by the writer of the Citation (a professional negligence and product liability reporting periodical published by the Office of the General Counsel for the A.M.A.) established that of the pertinent U.S. cases reported as reaching the courtroom in 1970, approximately 70% ended in verdicts for the physician. The question then arises not only as to why most of the suits are rejected, but why, of those that are initiated, so few reach the courtroom, and less than one in three of those are successful efforts by the plaintiff's attorney. The answers may be understood if one realizes that only a very competent professional in the field of legal medicine truly stands a good chance in the courtroom. The primary purpose of the following pages is to attempt to indicate why that is so in terms of how the practice of such an attorney is conducted. ATTORNEY MEETS CLIENT: Perhaps the best way to appreciate the intricacies involved in the arduous preparatory technique employed by the competent, experienced specialist in legal medicine is to follow his progress from a chronologicalvantage point. The first problem encountered by the attorney is the initial interview (often several hours long) of the potential client. This is without question the most important single event in the course of the entire procedure, for on thisinterview will depend the attorney's decision family) has been maliciously injured by a "quack". His motive appears to be revenge, spite, punishment, and sometimes a combination of frustration, greed, and jealousy. This is the client who is unpredictable. He may fabricate stories, he may try to run the lawsuit himself, and in extreme cases, may take it upon himself to personally harass the defendant doctors and hospitals. The real tragedy with such a client is that even if his case does have merit, the nightmare potential will influence a negative decision by an attorney who believes in handling a lawsuit on its merits, on a professional level (and who will never file suit naming "Dr. Jones, M.D.", but only "J. Jones"). DIGGING IN: consultation, court however, that both the number of professional negligence actions and insurance premiums are rising. But is the increase due to an increasing rate of suits initiated; a result to be expected from a natural increase in population coupled with a "changing image" (real or imagined) of the medical profession? A study of the pertinent statistics member of his Fried physician to be a guarantor of his work, but that attitude has not held any legal prevalence. In recent years, however, more people seem to be willing to seek counsel if an operation or other procedure produces a result which was not anticipated or full understandable (a phenomenon which by itself in no way negligence on the part of the doctor). It has been suggested that a substantial contributing factor to this shift in attitude has been the changing image of the doctor from that of the fatherly old family physician braving the elements any time of day or night to that of the successful super-businessman who has office hours three days a week, is indicates unreachable by telephone, has never heard the term "house call", and can often be seen on his way 8to the golf club or to his forest retreat. This changing image has caused the A.M.A. definite concern in recent years, especially since it is not difficult to hypothesize a causal relation between a strengthening of the impersonal "businessman" image and a rise in frequency of professional negligence actions. People don't sue family doctors if a cure doesn't work they do sue a businessman if his performance is less than expected. The statement (in 1963) by A.M.A. president Milford Rouse that "health care was a privilege and not a right of the American people" certainly did not help the situation. 9 - CLIENT MOTIVES CONSIDERED: The client may be motivated by such a breakdown of the physician-patient relationship; he may also have read any of numerous recent articles in and magazines which constantly raise a clamor about the "malpractice racket" and characterize it almost as a get-rich-quick scheme by citing a few odd "million dollar plus" awards (most of which are subsequently appealed and overturned a fact curiously left out of the reports). Many of these factors can influence a person to institute a lawsuit. However, the client that an attorney must be particularly aware of is the potential psychotic. This is a person who just wants to sue a doctor. He may want to do this because he feels he (or more commonly, a the newspapers - imperative that full medical records be obtained of the entire medical background of the patient as well as a list of all past treating physicians and dates and places of hospitalization. It is imperative that full medical records be obtained and reviewed by the attorney to avoid any surprise defenses based on past problems being causally linked to the current disease or treatment. (If a past medical problem can be shown to have contributed to the present result, the claim that the result stems from the defendant's negligence may be fatally weakened). Each physician must be sent an authorization, request to review his files and request for a full report to be forwarded to the attorney. (Cooperation on the part of such physician is assumed here, but it must be borne in mind that this is not always to be expected. Some may turn out to be far more cooperative with the defense requests than with the plaintiff's requests if they suspect a professional negligence action in the making.) BASIS IS ESTABLISHED: The next hurdle is acquiring all the hospital charts and records. (Discharge summaries will not suffice, since they a way of omitting certain information vital to a comprehensive evaluation and opinion.) If the injured or deceased party had been an inpatient in a hospital for more than a week or if the treatment was lengthy or complex, with lab work, surgery and consultations, the chart may be expected to run between 20 and ISO pages, with an average of about 75 for a stay of a few weeks. 1 ° Once the attorney has all of the pertinent records and reports, he must, on the basis of his general medical knowledge and his office medical library, make an initial determination of merit. He must also be alert for complications raised by statements in the medical charts. If the case still appears "clean", the next vital step is a search of all the pertinent medical literature. A competent specialist in legal medicine knows that before he can profitably confer with expert consultants, or even consider an examination-before-trial, he must know as much or more about the particular field of medicine involved than the physician himself does. He must know all of the literature concerning the research in a given field; he must be prepared to challenge, on scientific rather than legal grounds, not only the basis of statements by the defendant, but of his own experts as well. (If he cannot do that he will not know where his own strengths and weaknesses lie. For this reason it is often have important �NOVEMBER 2, 1971 that the attorney be familiar with all of the medical libraries and services (computer search, etc.) available in his area. He may spend several weeks researching a complex case, but at the very minimum, several days must be alloted for preliminary medical library time. When the attorney has completed his library work, he will be well versed in the body of scientific knowledge available to the defendant physician (and other expert witnesses) but he will still be v nprepared to evaluate the clinical performance of the defendant. No matter how skilled the attorney may be in the scientific knowledge of any given area, the only person who can answer as to how that knowledge is commonly utilized,is a practicing physician. (Even if necessary the attorney had his M.D., he would still be lacking in adequate practical clinical knowledge.) It is theref ore also imperative that before an attorney makes the final decision as to whether or not to accept a client's case he must conferwith his own experts to determine the current standard of care for the procedure involved. It may turn out that in light of the research available, all the doctors in the community are performing a given service at a level of care that is really negligent. However, if all do it that way, the case still may not be hopeless, but it will certainly not be easy, and the attorney must be prepared for the likely event that a "proper standard of care" defense will be raised. The attorney's primary purpose in consulting hisexperts is therefore to discover any defenses which might be raised based on clinical practices and judgement and to explore possible avenues of attack on those defenses. (After such consultation the attorney may well decide that the case' truly has little merit and he may make the decision to proceed no further, or to THE OPINION investigates the background of the physician (education, experience, past lawsuits, etc.). This is followed by a general review of the case and consultations with the defendant and the company's experts. The list of experts available to the defense is, of course, almost as long as the list of members of the American Medical Association and is the big gun of the defensearsenal. (If the attorney can keep the defendant from making any definite admissions or (in N.Y.) from recognizing any books or authorities, the defense case is much stronger and rests on a parade of experts for the defense testifying that the defendant exercised a proper standard of care in his treatment of the patient and the untoward result was either unavoidable or a result of a mistake of judgement.) The insurance company and defense attorney rely, justifiably, on a choice of paid specialists in each field to supply all the basic knowledge plus up-to-the-minute information on clinical technique. MOST VITAL LINK: next big The challenge to the plaintiff's attorney is to prepare an accurate, probing and productive examination-before-trial. Taking the defendant-doctor's deposition is absolutely the most vital link in the plaintiffs case. "There is no room for guesswork, firing from the hip or taking a chance." , * 7 It then becomes essential for the attorney to trace and if possible, acquire all the indicated sources and authoritative texts. Hopefully, such sources will contradict the very standard of care rendered by the defendant or may strongly recommend precautions which he apparently ignored. At this point the attorney will be in good position tocheck further into the background of the defendant. More library time must be allocated to acquire all of his previous publications, if any, which might emphasize contradictions in his testimony. After such study, the attorney should be ready to proceed to a second conference with his expert consultants to gain their advice and opinions as to strong and weak points apparent from the deposition transcripts. If the oral deposition has been effective, the defense will sense that their chances of success in a courtroom with this particular defendant may be less than desired, and preliminary negotiations for out-of-court settlement may be expected. Such offers are rare in professional negligence suits, however, except in glaring cases of negligence. (It should be noted that most - professional liability policies contain a provision requiring the consent of the defendant before settlement may be agreed upon. Many doctors who feel wrongly accused or are loathe to admit error, will prefer to take their chances in court, knowing full well that there the odds are heavily in their favor.) From such an overview of the — Buffalo area. d cf cndant local medical man. The attorney must get the most from well grounded answers now, or he may find himself on quicksand in the courtroom. DECISION IS MADE: DEFENSE VIEWPOINT: now be seen that the pre-litigation procedure for the plaintiffs attorney is a very complex business. How does the defendant's insurance company proceed in protecting its client's interests? (While it is extremely difficult to determine precise procedures utilized by the insurance firms and the counsel they" engage, a general picture of the defense counsel technique was constructed from communications with the legal departments of several companies.)1 f The defense counsel retained by the insurance company first It may - procedures involved in adequate pie-trial preparation of a professional negligence suit, it becomes readily apparent that substantia) expenditures of time and effort are mandated. At this point the reader may be wondering about the magnitude of the financial burden to the piam tiff, defense, physician in practice and of course to the average health care consumer. It is difficult to obtain, on a national scale, precise answers to these questions. Therefore, unless otherwise indicated the costs noted in the following summary are typical of current pre-trial litigation costs for the the ultimate decision he reaches, must be well versed in the field so as to confer on a professional level and be sure he has developed every avenue of approach. He must bear in mind that adequate scientific knowledge is extremely important so that he may be protected against accepting any broad or poorly based statement even from his own expert, since chances are that this is an expert for consultation only and that he will not agree to go into court to substantiate his position against a persons and/or institutions potentially liable since in the final argument defense counsel may assert that the injuries were caused not by his client but by someone else. qualifications, previous publications and courtroom experience and discuss these with the expert prior to trial again, to avoid any last-minute surprises by the may dcf cnse, who have numerous, well-known authorities from the AMA or the State Medical Society on call if needed to attempt to discredit the HOW MUCHDOES IT COST? against a particular defendant.) The attorney, regardless of If after all the preliminary workup, the with the requirements of professional skill relies upon the evidence of experts who have special knowledge of such subjects. Thus, in a professional negligence case, the plaintiff must prove by a member or members of the defendant's own profession, the standard of care or skill ordinarily used in the practice of that profession, since they alone know such standard. The testimony of another physician is therefore necessary to help the judge or the jury to soundly appraise the defendant's performance. In fact, "it has been held in the great majority of malpractice cases that there can be no finding of negligence in the absence of expert testimony to s support it."' (It should be noted that the attorney must be certain that the doctor to be engaged is indeed well qualified for the job. The attorney will of course have to research all of the man's testimony of the plaintiffs expert.) discontinue attorney decides that the case has merit, and chances of settlement or success in court are good, he will then accept the client and institute suit (providing, of course, there is no statute of limitations problem). It must also be remembered that to afford the best protection forhis client, the attorney must sue all those from his expert, it must be arranged for the expert to be present early, so that he the testimony of the defendant and note his demeanor before making final preparations for his own appearance on the stand. Resolution of the question whether or not an operation or treatment as performed was proper and in accordance may hear A competent specialist in legal will carefully prepare each question of the oral deposition and may spend many full weeks on this task. The finished deposition may be composed of several hundred questions, each precisely medicine worded so that a minimal response is indicated. All possible responses to each question will have been anticipated by the attorney and based on any given reply a single question or an entirely new series of questions will immediately be employed by him. This is the crucial part of the preparation because the overall picture and admissions gained from a well-prepared oral deposition can be the greatest lever available to the plaintiff for an out-of-cburt settlement. Such oral d cpos i tions, which may be several hundred pages in length, will be required of each defendant and it is best for the plaintiff if done early in the case, before elaborate defense strategy has been prepared. If the examination has been successful, the attorney will have gained some information from the defendant as to his competency, demeanor, scope of — knowledge, procedures used, and most importantly, sources he recognizes as authorities or from which he received the training he utilized in rendering the treatment in question. MAJOR HURDLE: The plaintiffs attorney is then ready to take the final step before certifying the case as ready for trial. This last step, though, may be the most difficult and the most costly. An expert witness willing to come into court and testify as to the negligence of the defendant must be found. The witness must not only be courageous and perhaps even risk cancellation of his own insurance policy. 13 but he must be knowledgeable and convincing to the jury in addition to - possessing impeccable academic qualifications. The task of acquiring such expert testimony for the plaintiff is indeed monumental and an attorney who does not command the respect of the medical profession may well find it impossible. (The depth of the "conspiracy of silence" on the part of the medical profession is made painfully obvious to the lay community by the publication of competent surveys indicating that the vast majority of doctors would be unwilling to testify for the plaintiff even if a colleague removed 4 the wrong organ during surgery!)' If the attorney is successful in his search for the vital expert witness and if the plaintiff is to gain maximum benefit It may be recalled that one of the first steps taken by the attorney is the procurement of all pertinent medical records and reports. Physicians' fees for such reports may run from $30 to S6O each, depending on complexity. (Some physicians have been known to use one pre-printed forms from page law-publishing firms on which they "fill in the blanks" and agree to send the report only after payment of a S3O-S4O fee.) The cost for copying hospital records for an attorney has been increasing steadily, even with the advent of the Xerox. It is now (for the Buffalo area) generally S3-S5 for the first page and SO cents to one dollar for each additional side. (Many attorneys question whether this high cost might be a special c onsideration for them!) Thus, the a verage chart for a single hospital admission may cost from $40-$75 to duplicate, and often runs as high as Sl5O.I Since numerous doctors and hospitalizations may be noted in the patient's history, the disbursements for such necessary items alone may run several hundred dollars (although the average is probably under $ 100.) 1 The next costs to be considered are those incurred in library research. They may of two types copying of journal articles and rental of computer time. If computer no time is involved, the cost should be minimal about SIO-S2S. Following his own initial appraisal of the material, the attorney then arranges for consultation with his own experts for their initial 'evaluation and clinical (continued on page 8) - �NOVEMBER 2, 197! THE OPINION 8 Cont'cl appraisal. Such expert consultations can be free if the doctor is a close personal friend of the attorney, but on a business basis the cost runs $100-$l5O per hour. HARSH REALITY: At each step from the initial interview through consultation with experts, the harsh economic realities of the case must be constantly borne in mind by the attorney. He must determine if the damages to the patient as a result of the alleged negligence of the physician justify the costs of a suit. Is the potential balanced by substantial amount of legal, medical and court costs and' worth the time and trouble both to the client and. Xhe attorney? What happens if the verdict is in favor of the doctor? Can the client (and more probably the attorney) afford to spend so much to recovery collect an equal amount or less (and lose the whole thing if the suit fails)? In effect, the attorney must decide what the case is worth and balance that possible gain against certain disbursements. Should the attorney, after his lengthy and com prehensive initial appraisal, believe that a truly meritorious cause of action exists, he may institute suit. Costs involved for this procedure are minimal if the case is local, but if the suit must be commenced out of state, resident counsel must be obtained. Fees for this range from flat rates of several hundred dollars to a percentage of any recovery. (Ou t-of-state suits will also involve substantial transportation and deposition or interrogatory expense which will not be considered in this paper.) It must be strongly emphasized that almost all of the costs mentioned above must be borne not only by the plaintiffs attorney, but, should suit be initiated, by the defense as well. Such duplication of costs is one of the primary reasons for increased insurance premiums and when resulting from an unwarranted lawsuit underlines again the urgent need to discourage unqualified attorneys from undertaking, and prematurely initiating such legal actions. Once suit has been commenced, the defense will request, and get, authorization for an examination of the plaintiff by their own doctors for their appraisal as to damage, permanency, etc. Cost of such an examination usuallyruns under $50 and is borne by the insurance company: When the suit has advanced to the point where oral depositions have been taken, the next big cost factor(again, for both parties) is encountered. Cost of the transcripts, which may well run to several hundred pages in length,averages $300 to $500. If it becomes necessary for the suit to proceed to the courtroom, and expert witnesses must be engaged for trial, the substantial expense must be by the attorney. (Precise figures could not be obtained as to cost for such experts to the defense, but it is assumed to be quite a bit less than for the plaintiff, since testimony for the plaintiff is very difficult to procure and those most considered sufficient (from a defense point of view) to justify courtroom litigation and many expert witnesses. The professional negligence insurance carriers must obviously rely on premiums collected to underwrite the cost of both defense litigation and, where the plaintiff is successful, the actual damage awards. It is logical that the burden of paying for such premiums will ultimately fall on the health*care-seeking public. The loud voices raised by some members of the medical profession and by the insurance industry often cry out that the public is being milked to support a startling increase in insurance premiums. It is only natural to seek a more precise definition of the actual cost to the public. (It should also be understood that many classes of physicians may have their fee schedules supervised by local boards, and cannot ethically pass on the burden of increased insurance costs to the patient. For these practitioners, the sting of rising malpractice premiums is more intense.) Professional liability insurance rests, as does any insurance program, on the theory of many consumers each paying a little, so that those few unfortunate enough to sustain a loss may recover at least part of thatloss. (Few object to this theory in terms of homeowners, life, disability, or fire insurance, but for some unexplained reason, many seem to feel antagonistic toward its application in the realm of professional negligence.) Whileit may be true that an annual premium of $3900 for a general surgeon $1000 seems quite a bit to pay, it should be borne in mind that he sees many patients - . a year and a per visit cost might be the proper perspective from which to view the actual burden to the public. Using Senator Ribicoff's own extreme example of the $3900 premium paid by a Los Angeles general surgeon, "his per patient cost for malpractice insurance jumped to 85 cents this year ," 18 The cost to the patients of a New York surgeon paying a premium of $1000 per year would, on the same basis, be about 25 cents per visit. A cost of 25 cents, or even several dollars, would seem to be a small price to pay forinsurance in view of the potential magnitude of disaster which a surgeon's plaintiff (or his attorney) must recognize that the expert's travel expense, living and courtroom fees will be substantial. Should the expert have to spend two (or even more) days in court his fee for that plus travel time can easily run $1500 to $2500, depending upon his qualifications,ability, and time spent. expenses WHO PAYS THE BILL? It may now be seen that considerable expense ranging from several hundred to several thousand dollars may become necessary before the conclusion of litigation. The defense may incur somewhat lesser sums than the plaintiff, but these too, may be considerable if the defense believes the merits of the case encouraged unscrupulous attorneys to file unbased nuisance suits as a means of quick money. (Opinion here was particularly pointed and one could not help wonder how many were aware of the true picture of the benefits of the contingent fee to the patient and more interestingly how many physicians would undertake an extremely complex operation or lengthy cure with an agreement to charge only if successful.) The results of the physicians* attitude toward the contingent fee have been summed up by Eli Bernzweig, (Special Assistant for Malpractice Research and Prevention, U.S. Department of Health, Education and Welfare) in his statement that — — - Growing numbers of physicians blame the increase in malpractice litigation on the legal profession, pointing to the contingent fee as the prime motivating factor behind the majority of malpractice suits. This theory has had many unfor tvn ate consequences, damaging both to medical practices as well as legal processes. Its essentially defensive approach by prompting many physicians to compromise their medical judgement, or to refuse to testify in malpractice cases, or generally to refuse to cooperate outlay for the machinery must recovered.) be The true picture of the contingent fee problem wit! disclose that even in California (where premiums for malpractice insurance are the highest in the nation) one broker reported the a v cr age professional liability payout averaged $5333 in 1968, and other sources reported recent average payouts 2, as ranging from $7000 to $13,000. "No attorney is getting rich from settling, average let alone trying, cases of this size." Physicians forget that the con t i ngent fee is contingent upon winning, and losing costs the attorney himself a lot of money. There are time costs in deciding whether or not to represent a client, investigating the claim, *' reading the legal and medical literature, and conferring with physicians and witnesses. Landlords, clerks, typists, court reporters, printers, and booksellers have to be paid regardless of how the attorney may be wasting his time. ,- claim settlements are not profitable either, because malpractice insurance companies don't settle cases with attorneys who have developed a reputation for bluffing on weak claims. Nobody can make a physician like the contingent fee system in medical malpractice litigation. But he could understand that the system protects many physicians from a lot of weak malpractice claims if he will just remember what the plaintiff's attorney knows: 22that 30% of nothing is 'Nuisance nothing." The most important argument favoring the contingent fee system is that without it the average or poor client would find it difficult and more probably impossible to obtain counsel in an attempt to recover even some of what may have been a devastating human and economic loss resulting from negligent or incompetent treatment at the hands of a licensed physician. It would appear that the physicians attack on the contingent fee system is well calculated. If such an attack succeeds they will have achieved their goal since professional negligence suits will be few and far between available only to the rich. - IS REAL RESULT PROFESSIONAL DISASTER? It is sensed by theauthor that the zeal which some physicians respond to mention of the professional negligence problem may stem from a TODAY OR TOMORROW: with any After a thorough consideration of the of professional negligence litigation to the plaintiff, defense,and the public, it may be seen that the current situation is not really as critical as some strong belief that such a suit brands actual costs professional negligence litigation? It is here that the importance of Senator Ribicoff's conclusion may be stressed. He In some of the interviews with members of the medical profession, a strongly defensive attitude became apparent. Numerous physicians cited two major areas of concern. They first pointed out that the publicity about the problem coupled with their own increasing insurance rates tended to foster the creation of the "gunshy" physician. They found themselves and associates p ra c t icing more defensive medicine; refusing to take patients whom they know to have had prior malpractice litigation or who were not referred to them by trusted colleagues. They also claimed to be ordering more tests' which previously were not routinely ordered (and which they therefore termed a doctor as an incompetent, rather than as this in particular instance did his job in a substandard manner causing compensable injury to the "customer". In one of the fewretrospective studies available to date, R.L. Wycoff, M.D..LLB, found that of all the physicians sued for professional negligence in Connecticut over a recent ten year span, the most severe effects on the doctors were subjective. Equal numbers reported a drop in practice as reported an increase as a result. (Colleagues in many cases referred increased numbers of patients to the sued doctor in order to bolster both his ego and his practice.) No license revocation or censure of any type was reported (whether the case was won or lost). There was no apparent change in professional status, but a smallnumber did have to pay increased insurance a normal human being who would have us believe. The main concern should be not with the present, but with the future. What is the real effect of "UNNECESSARY" TESTS BY ,, "GUNSHY DOCTORS? formidable array of experts are few and far between.) The expert wilt most surely A second major area of concern was financial. The physicians unanimously decried the contingent fee as the source of most of the evils of the malpractice problem. They were under the distinct impression that such an arrangement hospitals, of course, claim they arc "non-profit" and that the large capital knife?) not be a local practitioner, and the the THE dollars ever adequate compensation for a young person doomed to a life time of total disability-and pain resulting from a faulty technique or improper use of a rigors of the courtroom while challenging another physician and a subjected to - CONTINGENT FEE POCKETBOOK QUESTION: negligence could cause the unfortunate patient. (Is a few hundred thousand noted that "at present, it appears that no one affected by the rise in malpractice suits and claims has been able to deal with this problem in a manner19that promises to alleviate the situation." physicians willing and able enough to be indicated a belief that such tests accounted for needless and felt the expense patient for the extra results were often "confusing". The more dangerous diagnostic procedures were likewise not being employed as often. "unnecessary"). They with the legal profession in matters involving professional medical liability. They prefer to view the situation as a menace to be avoided rather than a professional responsibility to be squarely confronted.30 Some of the physicians who had taken the time to do a little research into the depth of the problem from both a medical and legal point of view raised the interesting point that perhaps this "threat" of professional negligence action was forcing a large portion of the profession to admit many shortcomings previously ignored. Perhaps those "unnecessary" tests should have been done all along, and if the results were confusing to the average physician he might do better to admit his limitations and consult specialists who were better qualified to interpret laboratory data, ft might also spur the long overdue utilization of available automated equipment which on a volume basis reduces the cost of many standard test to pennies, but are charging the patients the same several dollars that was billed when the old, manual methods were used. The premiums. 33 In the final analysis, the professional negligence problem turns out to be not as much a critical problem at the present time, but shows the potential for future complications. If the professional negligence action itself is attackedrather than its basic causes and abuses, the health care consumer will surely be the big loser in the long run. WORDS TO THE WISE WILL WE LEARN? The major causes of an increase in - �NOVEMBER 2, 1971 THE OPINION professional negligence actions may be summarized as: A. Breakdown in the physician-patient relationship. B. Breakdown in quality of health care. C. Increased publicity by an often uninformed press. D. Activity in the field by unqualified attorneys. While it is not within the scope of this communication to treat each of these causes in detail, a few wordspertaining to constructive suggestions aimed at alleviating future problems might be in order. \. Breakdown in the physician-patient elationship As long as medicine continues to lecome more complex and the need for ipecialization grows, it becomes more lifficult for the physician to maintain a ull personal relationship with the latient. However, there is no reason why specialist must be the impersonal usinessman whom patients tend to sue. everal doctors interviewed expressed oncern that this part of the problem was ot due so much to the nature of the lecialists job, but might have a real basis i the type of personality becoming more , revalent in today's medical schools as a suit of the sheer crush of competition I admission. Medical schools, aware of us problem, are changing admissions so as to admit more well-rounded", qualified students and inimize exclusive reliance on academic 24 riteria rerage. Breakdown in the quality of health re The problem here is basically 'o-sided. On the one hand there is the nost critical problem of the scarcity of ir medical personnel. We are simply not oducing enough doctors to meet future mands. The blame for a scarcity of Lysicians has often, and apparently with uch justification, been placed on the otective practices of the AMA. The esent AMA executive vice president, r. Ernest B. Howard, claims AMA ntrol on enrollment in medical schools s to "prevent a surplus of physicians ring the depression, and that the ssent scarcity was not realized until 67".25 The fact remains that 50% of :lr~ qualified applicants to medical hools are not accepted due to lack of ace! 26 To head off future problems we nply must educate more physicians and pecially paramedical personnel. An rerworked doctor may well be more one to error than one functioning nder a moderate patient load. The other side of the problem rests squarely on the profession itself. The licensing statutes of most states (including New York) make no provision for control of the quality of care rendered by the physician. His license may be placed in jeopardy if he advertises, is convicted of a felony, is a drug addict, or seduces a patient, but the law says nothing about the kind of care his patients must receive. There is as yet no requirement for periodic re-licensing or re-education (the recently established specialty of "family medicine" may grow to be the one exception to the rule a giant step in the right direction). The medical profession may have to accelerate its recognition that the rate of growth - 9 medical care to be available to generations which follow. We all need to work to eliminate the belief and stigma that "malpractice" is equivalent to "bad doctor". "Recognition that many, or even most, unfortunate results are not due to professional negligence should not obscure the fact that some are. One or two below average acts in a life time of good medical practice is an unusually good average. ... doctors should stop being 'up FOOTNOTES 1) "TIME" Magazine, Nov. 2, 1970 P.36 2) Ibid. 3) 'TRIAL" Magazine, Feb./March 1970, p. 13 and progress, and increasing complexity of modern medicine mandates acknowledgement by the individualof his limits of competency in any given field. Uniform re-licensing and post graduate training requirements may become recognized by the profession as necessary in the years to come. C. Increased publicity by an uninformed press. Once there is overt recognition by both the medical and legal communities of the causes of the problem, and steps are taken to correct them, a more cohesive picture may be presented to the press which would minimize the incidence of sensational or alarmist articles on a national scale. Once a problem is well on its way to solution, the press has a way of losing interest in it. D. Activity in the field by unqualified attorneys Activity by such attorneys who lack preparation or ability in the medical field leads to the initiation of numerous non-meritorious suits the bulk of which would have been rejected by a competent 1970 The Patient and the Physician"; TRIAL: Feb/Mar 1970 9) Science News 97:47 Jan. 1970 10) Personal communications with Medical Records Librarians of 5 Buffalo area hospitals. 11) Several letters sent to major malpractice insurance companies went either unanswered or produced very vague and overly broad statements as to cost. An almost protective, defensive attitude was sensed on the part of the companies, as if it was not for publication as to how they operated, who their consultants were, what preparation went money on initial Testimony - specialist in legal medicine. The waste of defense and the amount of ill w ill generated between the professions by this type of practice is immeasureable, and ironically such activity constitutes the same type malpractice of which the legal community so often accuses the doctors! "MALPRACTICE" DOES NOT MEAN BAD DOCTOR: It may now be appreciated that the actual cost of professional negligence is not only to be measured in dollars and cents, but in terms of potential damage to the future of medical care in the United States. However, recognition of the causes of the problem today may reap huge benefits in terms of the quality of 4) Personal communication with Employers Insurance of Wausau. 5) St. John's L. Rev. 43:578 April "69 6) "TIME" Magazine, Nov. 2, p. 36 7) "Grappling with a New Image", ScienceNews 97:47 Jan. 8) "MedicalMalpractice: into a case, etc. 12) "MedicalMalpractice", - J.B. Spence monograph available through the American Trial Lawyers Association. (p-7) 13) Cancellation of Policy to Deter Doctors from providing Expert Protective case note re: L'Orange v. Medical Co. (394 F 2d 57) College Boston Industrial and Commercial Law Review 11:545 March 1970 p. 545-53 (Reversed on Appeal by the Director) 14) Survey by the Boston University - Law-Medicine Research Institute showed that of 214 doctors interviewed, only 31% of the specialists and 27% of the general practitioners said they would be willing to testify for the plaintiff if a surgeon, operating on a diseased kidney, removed the wrong one! W. Prosser, Law of Torts 167n.45 (3d. cd. 1964) 15)Prosser, (Ibid) 16) Personal communications with Medical Records Librarians of 5 Buffalo area hospitals. tight. They should learn that the public will still honor and respect them for the good they do, despite their occasional errors. When that day comes, a calmer dialogue can be had and insurance companies encouraged by doctors to do so, can start processing malpractice claims as they do other liability claims. Perhaps then we can have early settlement without suit and massive expenses for all claims except those clearly having no merit.. ."27 17) Personal communication with several Buffalo and Rochester attorneys who handle a substantial amount of personal injury and malpractice litigation. 18) TRIAL Magazine, Feb/Mar 1970 p. 13 19) Ibid. p. 14 20) Ibid. p. IS 21) Subcommittee on Executive Reorganization of Senate Committee on Government Operations, 91st Congress, Ist Session, Medical Malpactice: The Patient vs. the Physician, 16 (Comm. Print. 1969) pp. 1041, 1015, 1021. 22) David J. Sharpe, Professor of Law, George Washington Universtiy in TRIAL,Feb/Mar 1970 p. 21 23) Effects of a Malpractice Suit Upon Physicans in Connecticut, R.L. Wycoff, M.D., LLB. p. 82 of the Tort and Medical Yearbook (Averbach and Belli) Vol. 2 1962, Bobbs-MerriU, New York 24) Personal interviews with several doctors on the faculties and admissions committees of 3 medical schools in New — York State. 25) Science News, Vol. 97, p. 48 1970. 26) Ibid. 27) TRIAL Magazine, Feb/Mar (Editorial Comment) Jan. 1970 p. 8 ADDITIONAL BIBLIOGRAPHY 1) Scarce Medical Resources, Columbia Law Review 69:620 April '69 (620-692) 2) Legal Regulation of Health Personnel: Wash. Univ. L. Rev. (Quarterly) 1967, 247 (247-399) Willamette Law Journal 6:183 June 1970 Clev. St. L. Rev. 19:20 Jan 1970 (Rx for Malpractice) 5) Insurance Law Journal 1970:69, 325 F, Je. '70 6) Insurance Counsel Journal 37:94 Jan 1970 (limitations of Malpractice) 7) Clev. Mar. L. Rev. 17:218 May '68 3) 4) (Res Ipsa) 8) ABA J. 53:1136 Dec. 1967 (Cost) 9) Medical Malpractice: The Insurance D.R. Uhthoff, St. John's L. 43:578 April'69 Scene, Rev. Notes From Elsewhere by Michael Montgomery lustinian Brooklyn Law School CONTROL OF STUDENT FEES Our kin .in Sin at Brooklyn has achieved- the ieemingly impossible task of gaining complete control the money exacted as student fees for the use of its SBA and Student Organizations, with the help of their Dean. Ah, wilderness were paradise enow. It would be nice if the students at Buffalo could do the same and be free of the pettifogging fiscal bureaucracy foisted on them by the Main Campus and Chancellor Boyer in Albany, particularly in light of the demand by the Main Campus of tribute for our use of their facilities, which in fact few denizens of Eagle Street actually use, and the additional humiliation of being unable. Sports equipment bought with student money without paying an additional athletic fee. Dyer BALSA Black students at Brooklyn have formed a new chapter of Balsa with the proposition in mind that increased enrollment of Black law students was essential for building a larger community of Black Lawyers throughout the country. Twenty of the 1300 students presently enrolled at Brooklyn are Black. A particular problem area for consideration by this newly formed group is the effect that the 60% general attrition rate at Brooklyn will have on the \Vi% of the student body which is Black. Obiter Dicta Osgoode Hall, Toronto THE SOCRATIC METHOD AND A RETROGRESSION TO STUDENT SUBSERVIENCE Paul McLaughlin of this Canadian institution is attacking the traditional approach to legal teaching methods on the basis that it no longer is a useful pedagogic tool. Initial emphasis is put on the fact that the traditional one on one structure of the Socratic encounter has been lost in large group classes, ever more prevalent. His second criticism focussed on the fact that with such a large group and limited time the faculty does not have the time to draw out knowledge from the students in the manner exhibited in the Crito or the Phaedo— it has devolved to a putting in rather than a guided process of extracting wisdom. McLaughlin's major criticism is centered on the subservient mentality which the use of this outdated methodology seems to engender in the students who are subjected to it. He criticizes the faculty for establishing themst' as sanctified rence are due, masters to whom kowtowing and rather than being partners in an intellectual dialogue. The imposition of such inequality, will result, this writer feels, in the loss of any useful free-wheeling give and take type of discussion. A secondary reason for the problem is the attitude of first year students, who lack sufficient self-confidence to exert themselves in opposition to the sneering browbeating they allege themselves to be the victims of. LENIN ON LAWYERS This Canadian newspaper prefaced a discussion of the Lawyer's role in radical Canadian politics with a quote from Lenin which may be amusing, however out of context it was taken: "Lawyers should be kept well in hand and made to toe the line, for there is no telling what dirty tricks this intellectualist scum will be up to." University of Texas Texas Law Forum REJECTION OF LAW REVIEW Carol Oppenheimer has rejected her invitation to become a member of the Law Review at this Southwestern school on the following basis: based on grade from the first year, it encourages undue emphasis on marks rather than on legal education and promotes unhealthy competition among students trying to garner for themselves the privileges of being selected by the Review. It encourages the demoralization of those who try but do not make it. The method of selection belies the Review's purpose as a legal journal because it is not designed to recruit those best qualified to right. Students do not join the Review because of their interest in legal research and writing, but rather because of the prestige and better job opportunities available to those few who do get selected. It is a closed, exclusionary institution confined to a small minority. Its basis for selection solely on freshman grade penalizes those who do not do well their first year for the rest of their academic career, and probably beyond. Miss Oppenheimer suggests that it be opened more to the general student body, and that it publish any meritworthy article submitted to it by any student, member or non-member. �page ten NLC (continued from page five) Harlem Conference of Lawyers, Selective Service law, techniques the National Conference of for trying a political case, and Black Lawyers, the Center for new forms of the practice of Constitutional Rights and the law. Recent Guild publications National Lawyers Guild. Local include "Minimizing Racism in members are also handling much the Voir Dire by Jury Trials of the Welfare Rights cases in Charles Garry in the Huey this area, including the challenge "The Draft Case"; Newton New to the new New York State a manual for lawyers Law" welfare laws. Other areas in and counselors; "Civil Rights which local members are and Civil Liberties Handbook"; particularly active include a and the "Guild Practitioner", a constitutional challenge to the b i-mon t hly theoretical-practice Buffalo School Board, prison and news publication. reform, etc. The Guild has also In the future, the two local attempted to deal with the chapters intend projects in such problems of professional elitism areas as health care and health and sexism in the legal workers, legal resources for profession. Workshops and community groups, law school discussions at the August 1971 reform, the publication of convention included these topics "street sheets" on tenant rights, and Guild membership was high school rights, demonstrations, and arrest and expanded to include legal workers and "jail house" arraignment, tenant unions and a - - lawyers. TheLocal Chapter In September 1971 a local chapter of the Guild formed. In addition a Student Chapter was established. Guild members were among the first to come to the defense of the Attica inmates. The chapter sponsored a demonstration the afternoon that the massacre occurred, in cooperation with the Buffalo Rights Action Group. Guild members set up and have been operating the local office of the Attica Defense Committee (816 Prudential Building). The Committee has organized the interviewing of over 200 inmates, gathered evidence for affirmative actions, cases on constitutional rights of inmates and expected criminal defenses. It is also in close touch with community groups and the prisoners. In addition it is coordinating the work of member legal organizations, including the American Civil Liberties Union, the legal Aid Society of New York, the regional newsletter. The local chapter is young and the amount it does will depend upon the commitment of progressive lawyers, law students, and legal workers. The National Guild has made the following commitment: "As movements for radical social change expand and grow, the Guild will be there utilizing its experience and skills as new areas of struggle develop, and the Guild will go on organizing and training lawyers, law students and legal workers to meet the ever increasing demands for political legal skills. The Guild will continue as the only organization providing geographical and generational continuity and coordination to NOVEMBER 2, 1971 THE OPINION Concerned I ?w Students Placement Newsletter Started by Rosalie Stall Larry Zimmerman of the Concerned Students announces the formation of the "Legal Action Newsletter", a publication aimed at the compilation of available projects in the radical, educational and politicalspheres. The reasons behind the formation of thisnewsletter, Mr. Zimmerman states, are that, "Most law students have very little time available to become involved in projects outside the school and in recent years more and more incoming students have felt a desire to become involved in such projects. A result of this conflict has been that many students never find out about many projects that they would have liked to work in, or students find themselves in projects they are not really interested in for lack of information about other available projects." Concerned Law Students has decided to remedy this situation by a proposed biomonthly compilation of available projects in the radical, education, and political spheres, and interest groups in these same spheres. Such listings will include "aides needed for political campaigns, research workers needed in civil rights groups and causes, legal aides needed in community groups, etc." Also proposed are placement notices for firms,law collectives, and community groups, when they become available,and as they are related to the general purposes of the Newsletter. CLS hopes to establish a regular bulletin board and an information collection center at Shirley's desk. The purpose of this newsletter is to provide the law students with a more coherent communication system by which he or she can make a more intelligent choice as to outside activities. Larry Zimmerman and' Harry Hirsch will be doing most of the work on this Newsletter. For further information, students may call Larry Zimmerman at 881-4334, or look on the bulletin board soon to be Placed. the efforts of lawyers, law and legal workers st vdents, engaged in the movements for change in this country." You are invited to join in this commitment and struggle. The chapters will be holding a joint meeting on November 2, 1971 at 7:30 PM at 1027 Lafayette Avenue in Buffalo. You are invited to attend. Social Committee Klein PAD Treasurer Richard Weinstein helps serve the brew at the party in the loungesponsoredby PAD. Also featured were ham and cheese sandwiches, a firstfor lounge parties. Response to Criticism of the Blast From the Social Committee, Jeff Spencer, John Anderson,and Dan Ward In light of the criticism leveled at the Social Committee in the last issue of The Opinion we feel that the student body deserves an answer. The Social Committee is well aware that no matter what type of party or event is held, some segment of the student body will feel that a different type of event wouldhave been more appropriate. Initially we would like to thank Mr. Fried and Miss Stoll for their criticisms which prompted us to conduct a survey of the student body to determine the general reaction to the September 24th party and the type of affairs desired by them. We realize that the goal of the Social Committee is to benefit the entire school not the interest of any particular group. In the future the Social Committee will attempt to conduct its affairs with a view toward the desires of the students as reflected in the results of the survey. We will examine each criticism and either refute, accept or explain it. Since the band was the foremost item discussed in the questionaire as an area marked for improvement it will be explained first. The Band In her article Miss Stoll states that the band obtained for the party was the "first" band contacted. This is only a half truth. Two agencies were contacted (Buffalo Festival Arts and Great Lakes Booking). Great Lakes indicated a good local group probably could be found and would call us within a short time. Several days passed and nothing was heard. A number of calls were made inquiringinto their progress in procurring (there is that word again) a band. Time was growing short. At this point the band which did play at the party was contacted. They gave us a firm commitment at a low price $ 100 with the stipulation they would play tunes from the 60's as well as contemporary sounds. The band failed to live up to their promise. Needless to say they will not be hired again. Miss Stoll also stated in her article that the "music" was so loud "it was impossible not only to talk but to dance." We agree that the band was too loud. Her observation that it was also impossible to dance to is questionable; people were dancing and at one point they took up half the hall space. The Hall The hall was next on the suggestion list for improvements. Miss Stollrefers to it as "decrepit." Although admittedly the hall was not co mparable to the Hearthstone Manor neither are our finances. We think her description is very unfair. Our survey allowed space for criticism and there was not one other person who criticized the overall physical plant as such, though many suggested specific improvements in the facilities e.g. tables, chairs, lighting. Many people in attendance commented very approvingly of the facility, which cost the students a minimal $50 for the evening. While it is true that a room might have been obtained on the main campus free, any beer purchased for parties on campus runs $40/ half keg, and must be purchased through Food Service. The price Braunschidle Hall charged was $27.50/half keg. The same party (7 kegs) would cost $280 at Goodyear whereas Braunschidel cost $242.50 (7(27.50+550), we saved almost $40. In addition Food Service adds to their base cost maintainence charges. The Hall was chosen because it offered adequate facilities at a competitive price (comparable to UB and other halls contacted last spring) was located on a main street reasonably easy to find and was available on a date thought to be convenient for most of the student body. "Procurring" Young Ladies After reading that the Fried's criticism Committee was Mr. Social "procurring" young ladies to come to the party we were fearful that the next step was going to be an investigation by the Buffalo Vice Squad. One suggestion made in one of the questionaire responses was the feasibility of establishing a prostitution ring. The members of the Social Committee invited the single non-law student girls to come based on a number of premises. First, people at a party many times like to dance especially if there is a live band. Second, normally to dance one must have a partner usually one maleand one female forming a couple. Thirdly, the the excess of single male over single female law students (220) we theorized that there might be a problem for these single males who were not married or did not bring a date. Lastly, the remedy for this situation would be to invite single girls to make up the difference in numbers. Thus based on these premises we invited additional single girls to come to party. (We estimate the additional the cost involved was $SO-including beer and advertising, not to mention the pretzels they, "ripped off"). In the future unescorted non-taw students wilt be charged before they are admitted. Mr. Fried states that "a simple party would seem to satisfy the social needs of most of the law students." He implied that this type of party was rather immature and perhaps better left to undergraduates. While we respect Mr. Fried's individual opinion, we see no necessary reason why law students were somehow "above" enjoyment of a band party with dancing and refreshments. The results of our survey overwhelmingly affirmed our above stated beliefs. In response to the question "is this the type of party you desire", 79% responded YES. We think this clearly indicates the type of party that meets the desires of most of the law students. In conclusion we would once again like to thank Mr. Fried and Miss Stoll for their criticisms which have spurred this committee into reexamination of its role and the desires of the student body in this area of law school life. The affair held on September 24th was the first social affair held this year and we of coursehope to improve on it in the future. The feedback we have received from the students who attended the affair indicates that they had an enjoyable time at the party and would attend similar parties in the future. Suggestions made for improvement will be utilized by the Social Committee in planning and executing future events, in the hope that an even greater majority of the student body's desires will be satisfied. �NOVEMBER 2, 1971 THE OPINION 11 Sports Huddle by Alan Snyder Let there be joy No, Casey has not once come again in Mudviile. to bat, but the Shysters are back. After a humiliating defeat, the team got together and started playing their brand of football, par excellence. a In their last total of 38 two outings they have scored points and have not surrendered a touchdown. With only two league games remaining, the Shysters are almost assured a playoff berth for championship play. Most of all, the young Hockey starts soon! Shysters Bludgeoned by Bureaucracy by Michael Montgomery It was a Wednesday fine bright day on the 20th, a day sufficient to warm even the cockles of an Eagle Street Spartan's heart. The Shysters repaired to the Main Campus to gird their loins for their next combat against a hapless University team, but in view of their vaunted expertise and the needs of patriotism decided to embroil themselves in a pick up game of baseball, the national pastime born in the fertile mind of Abner Doubleday on the bloody fields of Gettysburg. Minor difficulties plague even the finest of minds, and the Shysters were without equipment. Stu Revo wandered into the Gym to garner the necessary appurtenances to engage in sport on the verdant playing fields of Clark. The first people he met kindly directed this stellar sportsman to the Equipment Room. The characters entrusted with such goodies demanded the presentation of a student ID card. Alas, poor Stu was not endowed with such a talisman, and the local representatives did not care that the Law School had not yet received such items. The Shyster representative offered to tender his old ID card, his name address and student number, but all in even his shoes vain as he failed to sway the stony heart of the clerical person defending the student bought equipment from use by their owners. - Imbued with an overwhelming wave of disgust for the petty labyrinthine minds of those who would probably deny statue space for constipated pigeons, Revo made a grand exit. His eagle glance espied a large window half way up from the ground floor adjacent to the forbidding office which had turned a deaf ear to his pleas, he vaulted out in a manner reminiscent of Johnny WeismuUer (unaccompanied by stridualtions, albeit.) Retiring with grace, the Shyster receiver observed approaching Bill Monkarsh, the chief Baseball Coach who had steered the Bulls to an NCAA birth last season. A brief in terchange of greetings established that Monkarsh did indeed recognize Revo. Monkarsh responded to the supplicant's request for a ball and bat with a demand for the necessary but missing card. The Coach's response to Stu's disclaimer of possessing such ? i*" £ B p Crossword N0.3 necessary items was that how would he know who Revo was if he did not have an ID card. Such a pronouncement after previous evidence of cognition seemed an incredible demand on the part of a Blind Bureaucracy. A classic rejoinder was forthcoming, elegant in its denigration if not germane to the offense. "Don't you remember me, you yoyo? I used to beat you at the Racquet Club when I was thirteen." Our only suggestion using . to University Services is that we wear ID our necks like cards around the detested dog tags many of us were forced to wear in what was for most the winter of our discontent. Alternately, we could have a reproduction of said item on our foreheads through the means of tattoos. ANSWERS TO CROSSWORD NO. 2 Is lawyers want another shot at the one team that defeated them. Upon waiting for that time, the team has been having closed practices, watching game films and working on new plays. Playoffs are only around the corner and the team urges all to attend their games. They play at 4:30 on Wednesdays at the playing field near Clark Gym. Even though the Great Pumpkin has not come on the scene, everyone can tell that basketball or hoop season is right around the corner. The Law School has had in the past a very good turnout for basketball. Anyone interested in playing should get his or her team lined up and entered into the campus league. You may sign up in the basement of Clark Gym. The Shysters walked away with that league last year but this is a new season and anything can happen so hurry and get your team signed up. The other league the law school plays in, is the City's Municipal League. This is a (eague of amateur basketball players, mostly made up of past college basketball players. The law school has been in that league now for three years going under the name of 'The Law." During the last three years, "The Law" has won the championship twice, while coming in second the only other time. This year the team will be coached by Dan Holley who starred for the Law two years ago. As a player coach he will bring much talent and experience to the team. Dan Holley takes over for Coach Steve Larson who left his championship squad last year to take the reins of an expansion club in Seattle, Washington. We all want to wish him the best of luck. This year's squad has returning two year veterans Charles Davis, Terry Connors and Alan Snyder. Also back are one year men Richard Clark, Tom Parmelia, Jerry Soloman, John Chancy and Lee Ginsburg. Some new faces are expected to be in training camp this season, one of them being 66" Jeff Thoepple from Georgetown. Anyone interested in trying out should see either Dan Holley or Alan Snyder. Watch this column for practice dates, which should begin soon. How can we write a sports article without mentioning our owner, Ken Joyce. Mr. Joyce has controlling stock in this club and usually has a say in its play. Mr. Joyce, who moonlights by teaching Tax at the Law, can always be found at the Laws games cheering them on to victory. Nr: I'"•XB 7 |a fy'l ACROSS method (abbr.) 6. heat source I. 9. European Museum 14. NYC college 16. French composer Iβ. 17. plant substance soon 18 test one's strength 20. stinkers 22. the seven 23. Smith, et al. 24. brews tea 26. soar 28. payment due 30. latest 34. word or scorn 36 type of cook 38! one type of race 39 stead 41.' killed 43 Gallic name 44 fire 46. slump over 48 author's draft (abbr.) 49! crammed 61. garb 63. Okl«. city 66. place 67. Mid-East inlts. 60. golf items 62. 64. 67. 68. soup New England city wheel hub 69. Louis et 70. maddens 71. Gertrude -- 2 |13. -visual squad Charles 72. Sheep 73. Jane nnwitf wjnn »P'f. certain bilk precipitation '»• 21. act of cutting m W boat 27 IxtelMr 29. lasso (Span.) ** ' 25 l 31. word to Watson 32. without (Pγ.) 33. nautica ropes 34. pant (Scot.) 36. wing (Fr.) 37. convention 40. abet 42 unmusical46. refer to Indian bronze coin resorts 2. Appellation for the AEF 60. expired 6. scull 68. in 69. travelled by car g|. winter sight majesty 63 L 3. reconnoiter 4. Hamilton Bill (slang) 5. handshakers 7. gift to the poor 8. Pullman berth 9- >«"> man 10. thing in law "■ ™™ »"»■>'" *>« for boy or girl 54. name on much farm equipment 56. member of a swimming team 57. Javanese tree 62. nickname 66. hour on a Roman clock 67. French company (abbr). �lJ NOVEMBER 2, THE OPINION 12 BullETiN BoARd ESSAY CONTEST ENVIRONMENTAL LAW The American Bar Foundation announces the eleventh Samuel Pool Weaver Constitutional Law Essay Contest. The subject this year is: "By what The UCLA-Ford Foundation Program in Planning and Environmental Control Law and the American Society of Planning Officials (ASPO) announces the second annual competition to select outstanding law student comments and notes on urban planning, land-use, and environmental law. Money awards are available. Persons or journals interested in competing should forward one reprint copy of the note or comment as soon as possible after publication to each of the following persons: Mr. David G. Heeter, Editor, Land-Use Controls Service, American Society of Planning Officials, 1313 East 60th Street, Chicago, 111. 60637 and Mr. Donald G. Hagman, Professor of Law and Acting Director, Inst, of Gov. and Public Affairs, University of California, Los Angeles, Cal. 90024. means should constitutional questions concerning the allocation of power between Congress and the President be determined?" All necessary instructions and complete information about the number of words, copies, footnotes, and citations may be secured upon request to: Samuel Pool Weaver, Constitutional Law Essay Program, American Bar Foundation, 115 East 60th Street, Chicago, Illinois 60637. one a are are or Any Plaza, offering degree Comparative Gorove, Mississippi Buergenthal. University York, ships Law, membership University Legal Club, Society Fellowships (J.S.D.). (M.Comp.L.) Program Mississippi Center, graduates Mississippi, (LL.M.), Eagle Scholarships society Program Application St., University, year Stephen $7.50. Law, International Thomas from Acience assistance admissions School students Overseas The INTERNATIONAL International New GRADUATE of THE of student and Director American of 38677. interested should Graduate INTERNATIONAL Master recent Law Service AMERICAN Law Law New of law of be York of the PROGRAM should available. made school Laws 77 Graduate 10017. of of LEGAL in SOCIETY W. contact to the International which 866 for School Professor LAW IN and third CENTER United the leads LAW OF Doctor Master for of S.U.N available in Law Nations Law to Prof. and .Y. law the for of is THESAMOCRIETNYOF INTERAOL LAW The American Society Belling of International Law POSTDOCTORAL FELLOWSHIPS is offering student membership in the society for $7.50. Any one interested should contact the S.U.N.Y. International Law Club, 77 W. Eagle St., or Prof. Thomas Buergenthal. LEGAINTR OAC L ENTER Postdoctoral Fellowships in Afro-American, American Indian, Mexican-American Historical, Social and Cultural Studies for 1971-72. Stipend: $10,000, Tenure: Academic Year 1971-72 Write to: National Endowment for the Humanities, Washington, D.C. 20506 Overseas Service Fellowships for third year law students and recent law school graduates are available ABA STUDENT LIASON from International Legal Center, 866 United Nations Plaza, New York, New York 10017. IPRONGAMLDUTE AW The University of Mississippi School of Law is offering a Graduate Program which leads to the degree of Master of Laws (LL.M.), Master of Comparative Law (M.Comp.L.) and Doctor of Acience of Law (J.S.D.). Scholarships and assistanceships are available. Application for admissions should be made to Professor Stephen of the Graduate Program in Law, Gorove, Director Belling School of Law, University of Mississippi, University, Mississippi 38677. BAR EXAMS The Third Annual 1971-1972 Compilation of Bar Examination Questions is available from Institute for Bar Review Study, 1651 Asylum Aye., West Hartford, Connecticut. North Carolina Application for the 1972 Bar Examination for the of North Carolina is now available for distribution. Any interested may write to Mr. B.E. James, Suite 406, Justice Building, Raleigh, North Carolina (Box 25850). State OSGOOD TEACHING FELLOWSHIP Florida The 1972 Florida Bar will be administered Feb. 22 and 23 in Jacksonville, July 25 and 26 in Miami, and Sept. 25 and 26 in the Tampa-St. Petersburg Area. Interested persons may contact Mr. James B.Tippin, Jr. Florida Board of Bar Examiners, Jacksonville, Fla. Pennsylvania An examination for admission to POSITIONS OPEN The American Bar Association has positions oper for Student. Liaisons to certain ABA Sections am Special or Standing Committees. The Sections include: Family Law; Antitrus Law; Insurance; Negligence and Compensation Law International and Comparative Law; Legal Educatio and Admissions to the Bar; Patent, Trademark an Copyright Law; Public Utility Law; and tr Ombudsman Committee of the Administrative La Section. Persons seeking these appointments must b members of that particular Section to be considered The Standing and Special Committees include: Legal Assistance for Servicemen; Legal Aid and Indigent Defendants; and the Special Committee of Housing and Urban Development Law. Students interested in representing law students in one of these positions should write a letter statingthat interest, accompanied by a comprehensive resume of law school activities including special knowledge or expertise in a particular area of law. He or she should not be graduating from law school prior to June, '72. Letters and resumes should be sent to Mr. Raymond E.Tyra, Asst. Director, ABA-LSD, 1155 E. 60th Street, Chicago, 111. 60637. Enquiries and applications are invited for the of Teaching Fellow in the Osgoode Hall Law School Legal Writing and Research Program. This position offers full time teaching experience in one position of the most modern law facilities in the world. The position carries a salary of $8500 for a ten month period commencing July Ist, 1972 and ending April 3 oth, 1973. Adjustments in the date of commencement can be arranged, if necessary. Applications, together with a curriculum vitae the bar of the Supreme Court of Pennsylvania will be held on Feb._ 23 and 24, 1972. Applicants may write State Board' of Law Examiners, David E.Seymour, Secretary, 1422 Chestnut Street, Philadelphia, Pa. 19102. and the names of three referees, should be submitted January Ist, 1972. Later applications can be if the positions remain unfdled. Applications and enquiries can be addressed to: by considered Indiana The State Board of Law Examiners for the State of Indiana has set dates of March 16 and 17, 1972 for holding the next bar examination. Third year law students and graduates interested may write to: State Board of Law Examiners, 323 State House, Professor Brian Bucknall Osgoode Hall Law School York University 4700 Keele Street Downsview 463 Ontario, Canada. Belling New York Practice (continued from page five) obvious disenchantment of students with the lg in important courses. Thus primarily, the Freshmen would excellent base from which they could proceed to acquire the substance aectmfy.t°W> thenar. Some Seniors objected to this latter policy, noting that many suffered from losing professors replaced by inexperienced practitioners in their freshman year, being closed out of courses as Juniors because Seniors have precedence, and now finding that even though they now have precedence, if the computer is programmed correctly, they still cannot get the courses they want because the faculty members who used to teach them are now teaching Freshman, and the new Faculty have little experience in fields such as estate planning, future interests, of New York Procedure. Provost Schwartz terminated the discussion with an examination, somewhat cursory, of the possibility of teaching estate planning next semester. Traditionally offered in the spring, this course is unavailable because Prof. Mugel has been switched to Gratuitous Transfers. � 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, 1971-11-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/2/1971 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/f04c343c1f79a2ec1e4d2ea5e46e6665.pdf 22206eb6e3ff2c787cb4e90ab9f8fcb6 PDF Text Text MtMv 77 **■•#.*. RMD XM».MwrY«fcl4aB Volume ■WFALO.NY. MWHttTII O THE PINION 12. No. 5 State University of New York at Buffalo School of Law November 23,1971 Conference On Criminal Justice Held Rosalie Stoll by Participants First Citizens Conference on Criminal Justice was held Thursday and Friday, Nov. 11th and 12th at the Statier Hilton. It shows promise of The Experts in all fields of criminal justice gathered with lay people from all sectors of the community in order to contribute to the solution of the being one of the most important events Jo be held in "challenge of the century as far as criminal justice is concerned" (Supreme Court Justice Gilbert A. King). A list of participants includes prominent this area insofar as "getting together" divergent ideas. The purpose of the conference (paid for by a grant from the NYS Div. of Planning) was to provide a forum whereby every point of view was welcome from both professionals and nonprofessionals. leaders in law, social work, education and communication. Keynote speakers included the U.S. Attorney for the Southern District of New York, Whitney N. Seymour, Jr., Defense Counsel for Suffolk County, Leonard D. Wexler, the Deputy Assistant Dir. of Institutional Services, Bureau of Prisons, Roy E. Gerard, and the publisher of the Amsterdam News, Clarence Jones. Panelists on Thursday included Mike Dillon, D.A., Hugh R. Jones, President NYSBA, Charles McDonough, E.C.8.A., Marino Milano, Bureau of Narcotics and Dangerous Drugs, Archibald Murray, Office of Planning Services, and David Steinwald of the SUNYAB Student Rights Committee. Conference Hosts Presented by the Erie County Bar Association in conjuction with BUILD' the AFL-CIO, the League of Women Voters and the Federation of Womens Ciubs, the reasons behind the conference were multifold. Philip Magner, President of the ECBA, noted that the rising crime rate has reached disastrous proportions, the young are disenchanted, many people believe that the hand of the law is not laid equally on all persons and that our correctional facilities do not correct, but often corrupt. This situation is likely to get Thursday Morning worse, unless meaningful change can be made, and soon, Mr. Magner stressed, "We must examine the system. to the end tfraf responsible reform can be instituted." Thursday morning was taken up addresses Mr. Wexler, with .. ' TO: Students and Faculty Belling FROM: PR. Lochner discussion (continued on page 4) Law Student Elected Rumors have apparently spread that the Court of Appeals has ruled that student who fails a course without making it up will not be able to take the Bar Examination. That particular rumor is not true. However, there has been some difficulty in certifying to the State Board of Bar Examiners those of last year's graduates who had a considerable number of failures on their records. A variety of courses of action are being considered to insure that those who graduate in this and subsequent years do not face the same problems that the graduates of 1971 are now facing. It is hoped that these problems will be resolved as soon as possible. I will let you know of our progress when the situation becomes more clear. by any Rehnquist's "insensitivity to the rights of individuals" was further cause for his rejection. The conference, billed as an "S.B.A. Presidents Roundtable," was convened by Robin Schimminger, Second Schimminger, who chaired the meeting in a non-voting capacity, indicated that he had expected the vote on Rehnquist to turn out as it Circuit Governor. did, but that the Powell vote as a surprise. "The feeling that only opposition to the nominations could now bring their rejection seemed to have been a strong motivating factor for both votes, said Schimminger. He added that, "A movement in the Senate to reject should develop as public pressure opposing the nominations arises." Schimminger felt that sentiment at the meeting was much stronger in opposition to Rehnquist than it was against Powell's appointment and stated that he, himself was came grass roots , * willing to go a long with 1 Powell's designation. The Rehnquist resolution carried stronger language than the Powell counterpart, charging an "insensitivity to the rights of individuals." The full text of both resolutions, which were dispatched to Senate Judiciary Chairman Eastland as well as Senators Kennedy, Bayh, Tunney, Buckley, Javits, Ribicoff, Hart, and Weicker follows: Whereas the President has made nominations to the Supreme Court dependent upon political considerations in additon to demonstrated legal expertise and thus opened the nominations to criteria beyond the purely judicial, Be it resolved that the Second Circuit of the American Bar Association Law Student Division hereby urges the Senate Committee on the Judiciary to reject nomination of Lewis the Supreme Court, the Powell to -and- Whereas the President has made nominations to the Supreme Court dependent upon political considerations in addition to demonstrated legal expertise and thus opened the nominations to criteria beyond the purely judicial, and Whereas William C. Rehnquist has manifested an insensitivity to the rights of individuals, Be the Second — estate. With many interests and plans for county government, Al Bowens promises to work with the better administration of the health department, drug programs and social services programs. Knowing Al, law students feel he will perform to the best of his ability and congratulate him on his victory. IN THIS ISSUE: SBA Hotter and hotter Citizen's Conference Criminal Justice Explored Distinguished Visitor Judiciary Employment Interviews Circuit Senate Committee on nomination to of reject William the the C. Rehnquist to the Supreme Court. were passed by two to one margins during the afternoon session of the conference. Both Stoll combine a career in law school with a political position. Newly elected to the County Legislature from the 6th District on the Democrat-Liberal line with 70% of the vote, Al feels his election and the success of the Democrats in the recent election is "characteristic of the times", citing the current economic climate conditioned by high unemployment and inflation as major factors. Active in politics, Bowens has served as Democratic committceman for ten years, during two of which he has attended law school. Now in his third year (four year program), Al plans to continue his legal education while serving his constituency "The secret to the whole thing is organization." Bowens does intend to actively practice law after graduation although he does hope for a career in politics. The biggest advantage law offers, he feels, lies in the development of analytical skills. He is, however, quite interested in law as relating to municipal functions including property and real it resolved that of the American Bar Association Law Student Division hereby urges the Rosalie Although many students are i nvolved in political campaigning, Alton Bowens is one student who is able to ABA-LSD SAYS NO The Second Circuit of the American Bar Association Law Student Division has called for the rejection of President Nixon's latest nominations to the Supreme Court. At an all-day conference held on Friday, November 12, the Student Bar Association Presidents and Law Student Division Representatives from nine of the eleven law schools in New York State urged the Senate Committee on the Judiciary to reject the nominations of both William Rehnquist and Lewis Powell. Noting that the President had based both nominations on "political considerations in addition to demonstrated legal expertise," the Second Circuit schools recommended rejection of both names. In addition, the Circuit resolved that by Mr. Seymour and with quite a heated following as -to supression resolutions O'Connor on Welfare Reform Whether to sell out... or how much? page three page four page six page six �November 23, THE OPINION 2 1971 Editorial Letters To The Editor Graduation As anyone who at our has looked schedule for the Spring Semester, and compared it with the schedule of other Faculties in the University, realizes, for the first time this year law students have no graduation exercises which they can attend. The Graduation exercises for the rest of the University are scheduled for the 13th of May, right in the middle of our examination period. Our graduation, which presently exists in name only, is scheduled for the 26th. The problem arises from the fact that we are the only School which has remained on the old schedule whcih has Fall semester examinations after the Holiday vacation. No students were consulted about this situation, and in fact, it seems that no one in the administration of either the Law School or the University was even aware of it. In the past, law students were able to choose between attending the administration financed graduation exercises for the entire University or attending the student-financed Law School exercises. The rationale behind students financing their own graduation was that the University was already providing a graduation ceremony which they could attend and therefore, if they chose to have their own they would ahve to pay for it. It is obvious that the rationale for students financing their own exercises at the Law School no longer applies. They are now the only students who must either finance their own graduation or have none at all. This is a sitiation which must be remedied. No one can seriously accept the statement that Law students are able to take a day off in the middle of their exams to attend the Main Campus graduation, which was put forward by several persons in the Administration. Student Funds are already tight enough and Law Students have already had enough of the short stick in too many areas. It is the responsibility of the administration to provide funding sufficient for an adequate Law School Graduation, so that in this area, at least, they will receive equal treatment with other students in the University. Patner Speaks on P.I. Law by Earl S. Carrel "No citizen would be believe any would that court enter a treacherous enough to judgement against a railroad." With these words from an address by Mark Twain in London on July 4, 1872, Mar shall Patner, General Counsel for Businessmen for the Public Interest began the first of the 1971-1972 Mitchell Lectures at the State University of New York at Buffalo Law School. Patner, j graduate ot the University oi Wisconsin and the University of Chicago Law School, spoke on "Public Interest Law Practice" to a small group of faculty and students Monday afternoon in the Law School. Dealing almost solely with his work at BPI, Patner first related a short history of the Chicago-based public interest organization and then went on to tell of some of the areas in which BPI works. Businessmen for the Public Interest was started in March, 1969 and was initially funded by Midas International Corp. and the Kettering family. Today, according to Patner, approximately 30 businessmen and five foundations keep BPI funded. This is in addition to other small donations. BPI has no formal board and no ties with any community organ i za tions. This position allows investigation into To the Editor: A majority of the SBA Board of Directors voted to disapprove the nomination by President Nixon of William Rehnquist to the SUPREME COURT. Merits of this proposal aside, it is unsettling to note that an SBA Director, directed to prepare a letter stating the bare position set forth in the resolution, should arrogate to herself the right to insert allegations concerning Mr. Rehnquist's background as rationale for the resolution without consulting the body whose opinion this letter was supposed to represent; allegations which were passed upon by the SBA only when this Director was challenged on their insertion. Such action evinces a monumental hubris, irrespective of ultimate majority approval of the letter. Michael Montgomery ResolSutiBnA2 To the Editor: At the weekly SBA circus a resolution was introduced (by Junior class representative Miss Sally Mendola) and passed that the SBA shall officially ostracize, condemn, and cast stones at William Rehnquist for the unmitigated audacity of allowing himself to be nominated for the Supreme Court, when everyone to the left of Barry Goldwater knows that conservatives have no rightful place in society, much less on the Court. It should be noted that the motion was passed before any investigation of Rehnquist had been performed by the Senate. The motion was therefore uninformed and based entirely on prejudice and bigotry against Rehnquist's made factual mistakes." In addition good relations have been maintained with the press and the local bar. These positive factors have aided the operation of the organization any to a very great extent. Patner does not advocate violation of laws and statutes. 1nstead, he favors using the legal process to test and change the laws. Unlike Chief Justice Burger, Patner feels the courts are a proper forum for social change. Since litigation is a slow and often tedious process, BPI has used other methods to advocate change and improvement. One of the most effective weapons that Patner's group has used is the placing of full-page ads in the newspapers to call attention to various issues. Among them are pollution and government mismanagement. Other areas which have target for BPI investigations and reports are school tax inequities, real property forfeitures and the system of testifying before congressional committees. After his experiences with been the governmental agencies, Patner likens them to the circumlocution office in ResolSutiBnA3 To the Editor: It seems fashionable among some of the elected directors of the Student Bar Association believe that now that they have been to elected, no one else cares what happens in have carte blanche to do as they SBA, and they like. I would like to take issue with that by saying that there is at least one student that cares what they do. I am particularly distressed by the stand the directors took on the nomination of William Rehnquist to the Supreme Court. Not because I necessarily disagree with the stand, but because the directors were elected on local (school) issues. If they are going to presume to speak for the student body on national issues, they should at least seek the opinions of other students. I think the minimum would be to lay such issues on the table for a week, to give other students an opportunity to express their and/or Class of '74 ™ OPINION November 23,1971 Vol. 12, No. 5 -- Editor-in-Chief- John R. Samuefaon Assistant Editor Vacant ManagingEditor GeoqteRiedd virtually any area. As a tax exempt group, BI'I feels its obligation is to the law and to the community. Since BPI deals with urban and environmental issues, Patner stressed, "We've never Otto Matsch In the letter which was sent by the directors on the Rehnquist issue they stated, "The Student Bar Association, by a majority vote. .." This is a questionable statement because it implies that a referendum was taken (an ideal situation, I think), when it was not. At least, if the directors are going to insist on this self-righteous procedure, they could phrase their letter so that they indicate that they are representing only their own opinions by saying, "The Directors of the Student Bar Association, by a majority vote.. .'* Since the directors were not elected on national issues, I do not feel that they represent me on national issues. The least they can do is consult the student body before they presume to represent the school on national issues. SkipConover The motion was bad enough, passing it was terrible. The SBA has the right under the first amendment to pass resolutions about almost anything, but it should remember that when it does so it gives the impression of speaking for the entire student body. (The students were not consulted by the SBA, presumably for fear that the students might usurp the power of the SBA ruling clique to appear ridiculous.) The SBA should therefore restrain itself from disgracing the Law School by passing irresponsible, irrelevant, insipid, inept petitions, anyone? opinions. political opinions. incompetent, The disgrace will be compounded when the Senate overwhelmingly confirms Rehnquist (So I predict. Any bets?) after investigating his qualifications. Recall inane resolutions. SBResAolutin 1 - News Editor Rosalie SI oil S.B.A. Editor Vacant Photography Editor SamuelFried - - ArticleEditor Mike Montgomery Feature Editor Vacant — Production Manager Vacant Business Manager Chris Greene - Otto Matsch, Jeff Spencer, David Schubel, Mark Lillenstein Staff Writers Columnists Otto Matsch, Michael Montgomery, Alan Snyder Earl S. Carrel, Alan Minsker, Jonathan Kastoff Contributors Photographers Samuel Fried, Chris Belling, Gary Masline — The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202.The views expressed in this paper are not necessarily those of the Editorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid class postage entered at Buffalo. New York. Dickens' Little Dorat where, "All the business of the country went through the circumlocution office except that business that never came out of it." Charles In .iililtiuni to his work with BPI, Patner has headed the legal defense for the Blackstone Rangers street gang, defended Dick Gregory, and was in charge of appeals test cases for the Chicago Office of Economic Opportunity. LETTERS TO THE EDITOR Letters are welcome from students, faculty, and others. The Opinion reserves the right to shorten letters too lengthy to print in their entirety. Please limit letters to two typewritten pages. Send to: The Opinion, 77 West Eagle Street, Buffalo, 14202. Anonymous letters will not be published. alumni, �November 23, 1971 THE OPINION 3 BSA Budget Approval-Almost November 12 each UNICEF Sally Mendola proposed that the sale of Unicef Christmas Cards be allowed in the Eagle Street lounge. This proposition met with a unanimity of approval which is most rare. BUDGETS A motion was made to begin the immediate consideration of the Budget Committee's suggested appropriations by Shelley Gould and Mike Montgomery, which was carried after an opposition statement by Sally Mendola. The Budget Committee's report contained item by item allocations for organization student requesting SBA funding. Yvonne Lewis raised the issue as to whether, after approval, inter-line allocations changes should be made at the discretion of the organization upon approval by the Treasurer or by SBA vote. Bill Buscaglia and Judy Kampf noted that to allow the organizations to alter approved allocation themselves would jeopardize SBA control over student funds and eradicate the planning which had gone into the budget. Other comments were that such a procedure could result in fiscal chaos and gross misallocation that it was best to refer line changes back to the Budget Committee. Director Lewis' motion to allow organizational discretion to allocate between approved lines failed. A subsequent motion by Gene Goffin -— , by Michael Montgomery that such discretion be left with Treasurer Weinberg, with appeal to the Budget Committee and the SBA, was passed. Discussion about this issue was heated to an extent bordering on the needlessly emotional STIPEND REFERENDUM John Samuelson submitted a petition proposing an advisory referendum to be put before the student body on the issue of stipends, and stipends for the Opinion in particular. This motion was passed after the failure of a motion to table the question made by Judy Kampf. RSRB A vote on the report of the committee to discuss representation, requested by the FSRB, was postponed one week so the Directors could read it. There is a hearing on 8 December to discuss the distribution of results from last semester's Faculty Evaluation questionaire. It was decided to use the same format this year as in previous semesters, but the question of who will finance the project which is delaying result distribution from last semester was not discussed. Judy Kampf requested that Provost Schwartz be asked for an explanation in regard to the use of the overcrowded Eagle Street facility for the Justice's Conference, in light of an SBA motion of 22 April 1971 that the less crowded Prudential facilities be used for this purpose, rather than crowd students out of the Library. - - 5 cent Coffee and Stipends Again . November 5 sausages, anyway. If so In what may well be the most practical achievement of any SBA, the meeting of 5 November saw the does the 1/3 lower approval of a project to provide nickle coffee to the caffeine freaks at Eagle Street. The idea occurred after the State ruled that the SBA had no right to rake off the profit from the coin machines in the basement, as had been previous practice, because the SBA was using State facilities in a profit-seeking venture a factor which has never deterred food services or the F ac v 11y-S tudent Association on the Main Campus. Reed Cosper, who ran for Freshman Director on a platform of nickel coffee (wet feet thereby) suggested that the SBA provide $20.00 to get the project going, to be under - the control Legal of the Research Committee. The possibility was raised that this move may be in violation of our present contract with the vending machine company has violated the raising the price - a company which wage-price freeze by of Slim-Jim beef this may force the FSA to service this school as it Main Campus, i.e. at prices than we pay. COMMITTEES Reed Cosper's conclusions as to student representation on joint committees were that any discussion of proportions was irrelevant since the committees have no apparent power and the Faculty and Administration are not in any way obligated to follow their conclusions. His recommendation was to continue participation in the present committee system while attempting to formulate a more viable and effective means of student participation. The consensus of the body was that student representatives, on each committee report to the SBA every month, as per an of last year. unenforced resolution ACADEMIC STANDING COMMITTEE SBA three President joint Morris reported that committees have been merged into the Academic Standards and Grading Committee, or something like that. The result is that the present 5 student represen tatives on the dc funct committees must be pared down to two. It was decided to appoint Richard Clark and Jay Bielat to these positions pending an FSRB determination of the proportion of student representation per committee. SBA DISAPPROVAL OF REHNQUIST Sally Mendola presented to President Morris a letter she had prepared for distribution as per the resolution disapproving Mr. Rehnquist's appointment to the Supreme Court. President Morris refused to sign this letter, unless directed to do so by a majority of the SBA, because the letter as prepared by the Junior Director contained allegations about the past record of the Nixon nominee which had not been voted on by the SBA and were therefore not representative of the body. A motion to accept the letter as written, with the caveat that it represented the majority of the SBA only, was passed 12-8. - STIPENDS AGAIN AND PARLIAMENTARY FOOTWORK A petition containing 196 was submitted under the Constitution to the SB A for deliberation, advocating an amendment to last week's resolution barring stipends, to the effect that the SBA signatures would be allowed to guarantee stipends requested by the Opinion where the paper could not generate enough income to cover the amounts. Parliamentarian Lee Ginsburg observed that since the proposition contained in the petition was contrary to the previous resolution, the previous resolution must be rescinded by a 2/3 vote before the petition's proposal could be voted on. President Morris so ruled. Ross Zimmerman challenged the rescission of the previous resolution, which challenge failed 12-8. A vote on the repeal of the resolution barring stipends failed to attain the necessary 2/3 majority, and the proposition contained in the petition, signed by 196 students, did consideration. not come up for Stipends, Rehnquist Debated there October 29 The SBA meeting of 29 October dealt first with the issue of Stipends for certain positions in certain organizations. Besides the usual horde of officers and directors, this hotly debated session was graced by the presence of first Assist. Provost William Greiner, then Provost Richard Schwartz. These gentlemen did not participate in the discussion at hand. STIPENDS John Samuelson, 2nd Vice President and Opinion Editor, initiated the debate on this issue. He suggested that such compensation was absolutely necessary for the continued existence of the paper. He pointed out that while other student groups such as Law Review and Moot Court get course credit for their work, the Opinion cannot offer this sort of inducement. Samuelson emphasized that some form of inducement is necessary to attract people to do the drudgery of copy, work which production, and layout presently requires about 20-30 hours of from the editor. work a week - Advertising. The Editor pointed out that he is not requesting an actual allocation, but rather a guarantee of stipends by the SBA should the Opinion not be able to generate from enough of its own income, Judy Kampf spoke in advertising strong opposition to the consideration of stipends for any student organization. She pointed out that is no basis to distinguish the newspaper from any other student group who might' be equally 'deserving' of stipends. Student — organizations are strictly voluntary buying student input isis no guarantee of quality, the need for which is cited as a rationale behind awarding stipends. Administration Support? Reed Cosper and Mary Anne Hawco both suggested an application to the administration as an appropriate source of support. Cosper suggested tfiat the Opinion is an integral part of the Law School, as is the Law Review, and serves a unifying and at least quasi-educational function. The responsibility for its support should be on the UniversityAdministration. Stipends Down Lee Ginsberg moved that no stipends be given out to an SBA officer or any student organization. In support of this blanket denial Ginsberg noted that members of ;iil student groups put in a lot of time working on their interests, and should stipends be granted to one group it would be difficult to deny any other group the same support, a support which the SBA cannot afford. In speaking against the motion, Samuelson noted that the Opinion is unique in two ways: it is the only school-wide service organization except for the SBA itself, and is the only income-producing student organization. Aldridge Willis supported the Editor, stating that many of his Freshman constituents support the stipend issue because the newspaper encompasses all other organizations throughout the school. Votes 10-9 in favor of the against stipends for any group. motion Observers. Possible duplication of effort was felt to be a monetary allocation problem for the Budget Committee. FSRB POVERTY HILL Judy Kampf reported that the Faculty Student Relations Board had met and that Professor Homburger, its chairman, will accept for Board consideration any student complaint in writing submitted to him. The issue of student representation on the altered Faculty-Student Committee System, presently before the Board, was referred to Sally Mendola, Reed Cosper, and Mike Berger for SBA input. NATIONAL LAWYER'S GUILD The constitution of the newly formed NLG was submitted for approval by the SBA. Formed in the '30's as an alternative to the ABA, this group has attempted ever since to be in the forefront of the liberal movement in A merica. There are the approximately 60 chapters Student Chapter at the Law School - would apparently be supplemental to a preexisting graduate chapter presently in Buffalo. Planned activities include newsletters on Attica and community legal needs, and street sheets advising high school students, tenants, and demonstrators of their legal rights and obligations. It was p om i I'd out that this organization has overlapping goals, programs, and indeed membership with Concerned Law Students and Legal The Law School's representative on Sub Board I, übiquitous John Samuelson, suggested a general meeting of the Student Body to discuss Sub Board's option on Poverty Hill prior to the referendum on 4-5 November. (So few people attended this meeting, when held, that it was canceled due to apathy). -Ed. NIXON'S SUPREME COURT CHOICE Sally Mendola moved that the SBA resolve to disapprove Pres. Nixon's Supreme Court nominees, notably Mr. Rehnquist. Director Mendola asserted his unfitness because of his record on civil rights, wiretapping, and the May Day arrests in Washington. President Morris opposed the resolution, asserting that the SBA should not take positions on what are essentially national political issues, particularly when the Directors have had no opportunity to check the positions Gene of their Goffin constituents. noted that he would probably oppose any man Nixon appointed. On a close vote, a motion was passed expressing disapproval of Mr. Rehnquist, to be sent to the local newspapers and the appropriate legislators. �November 23, 1971 THE OPINION 4 FiRsT Citizens Conference On CRiMiNAl JUSTiCE (continued from page 1) evidence. Mr. Seymour stated that "the criminal courts are bursting at the seams," and that delay is the most important problem, both for society the defendant. However, Mr. and for Seymour felt that we must untie the hands of our police officials in dealing w ith crime. Although most changes in the admissability of evidence have been long overdue and the courts should - embrace them heartily and use them the dichotomy of objectives borne in mind whether the objective is to let the guilty man go free or to educate police officers. Mr. Se y m our suggested possible censure againstoffend ing police officers, but not the dismissal of the case, since society should not be subject to criminala at large. however must be - "Sporting Approach" Another aspect of the legal system . What Should be a Crime What is so wrong with placing our faith in humanity?" Mr. Milano of the Bureau of Narcotics aand Dangerous Drugs sided with Mr. Seymour in his faith. , by Bob Brosius , Crime" emphasized largely victimless crimes, practices in private. Use of drugs, X m ent,oned. Minority group members mrii ana emphasized the criminality of excluding k and and ruerio R cans) (black (employment, housing, fair them from the inst them But by t aws of the seminar was on the laws dealing with homcsexuaHty sexual morals particularly GeVrge R. Blair, Esa Waal! Unlt Haynes, Biology Professor at State, President of the SA, James D. County Probation Dept., Erie L Hutchinson, Director of the Vice Investigation, h Kennedy Chief of Buffalo Bureau of j of the County Court, and Mrs. Barbara Sims, at ÜB. Opportunity of Equal Office current director of the entensively; A variety of myths were explored conduct) to protect homosexual ) we need the law (proscribing to protect the the procreative function of the human race and institution of the family. for arresting and punishing 2 ) we need the law to act as a basis those who use force, molest children or offend public sensitivities by Be a Should oe "What What bhouw Workshops SUC wara°so t"ir; S Puerto £»««» *: pTnary eVpLst fhl Thursday afternoon was devoted to workshops. Unfortunately, though the program had called for a flexible give-and-take, the first half hour of ?most workshops was taken up with the introduction and listing of credentials of the panel members. Once underway, however, most workshops proved quite enlightening, some in disseminating information, but most in presenting and vo icing conflicting ' Zde Ki&JS'cta*. Chafes fudge Joseph Molina opinions. The five Thursday workshops and their moderators were: Trial Delays, Hon. William Heffron, Senior Judge Erie County Court, Free Press-Fair Trial, Cy. B. King, Courier Express, Juvenile Justice, Chief Judge Raymond 1 PU 3°) statute by eliminating the consensual sodomy sorts of criminal activity, corrupt our crime, increase drug addiction, decrease If Wβ open the door we will encourage all youth, increase organized respect for law and order, etc. 4.) If streets, (a we approve this change, our children won't be safe on tho citized). Professor llaynes stressed that homosexuality was perfectly within the range of natural human activity, Rev. Carnes and Mrs. Sims further made the point that enforcement of the law., against homosexual practices cause more harm than the proscribed activity in both in terms of society and the corruptive powers the first place of discretionary justice in the hands of law enforcers. Mr. Hutchinson suggested that the definition of crime must be narrowed to activity which was harmful to individuals or society. Judge Mattina pointed out the lack of commitment to solving social problems on the part of both the government and people in general. A number of different views were expressed by citizens in attendance, and while no consensus was reached, the points in favor of law reform in the area of consentual homosexual acts wore certainly well made. - questioned by Mr. Seymour was the the constant emphasis on winning 'sporting appro ach' to law often - Niemer of the Family Court, What Should Be a Crime?, Rev. Paul N. Carries, Conduct of Counsel, Defendants and Judges in Controversial Trials, Hon. John T. Curtin, U.S. followed by defense counsel who may know positively of his clients guilt, followed be defense counsel who may District Judge.. know positively of his client's guilt, of defense Trial Delays the emphasized the roles counsel and the prosecutor, and noted everyone in the Trial Delays attracted few that it is the duty of criminal process to do the best he can; non-attorneys and dealt mainly with the defendant must insist upon his the problems of providing a speedy constitutional rights. "If everyone does trial as well as the possible effects of the six month rule. his job the way it has to be done, the Joseph McCarthy, Chief Trial system will work." Anyone can defend an innocent Assistant with the D.A.'s office, cited reasons for delays as the sheer number man, Mr. Wexler noted, but a guilty of cases, lack of time and lack of man nevertheless should be defended, for in defending even hardened court facilities, as well as the criminals you are defending your own unavailability of defense counsel. Due constitutional rights. "Miranda, to the many hearings that must be Escobito were hardened criminals." conducted, delays are almost Search and seizure is illegal, under unavoidable; therefore to resolve the the Fourth Amendment, but illegal number of pending cases, reduced pleas search and seizure tactics have been often come about. Naturally, Mr. allowed until only very recently by the McCarthy was in favor of fair but speedy disposition of cases. courts. Mr. Wexler emphasized that "1 believe in our constitution, our laws as Vincent E. Doyle, Jr., Chairman of justice." way attaining to the the ECBA County Court Committee Illegal confessions and lineups were responded with reasons why defendants also discussed. Wexler noted that you can't or won't go to trial more must not characterize an insistance on quickly, noting that while vengeance is swift, justice is not. In the period a constitutional right as an admission. they're bargaining? Wexler: before trial, tempers often cool off, the Plea "If defendant must have the opportunity giving, we're taking." to re tain the lawyer of his own Wexler further noted that there are choosing, and further, defendant is able not enough judges, prosecutors and to prove his ability to 'go straight. It help. He noted that "we must get into any the communities and solve our is in the public interest that before problems, but don't take away our determination everyone has the opportunity adequately prepare to a constitutional rights." defense. Search For Truth? Mr. Seymour expressed a fear that the trial of a criminal case is no longer a search rules for truth, since with exclusionary knowledge is taken from the jury. "Why can't a jury be cautioned by the judge that this was improperly seized. In the ensuring discussion, Audience Input The Juvenile Justice seminar concentrated heavily upon audience input. Fears were raised as to how morality could be expected of children when parents may set no examples. Issues of adult morality and the breakdown of the system were raised. Judge Niemer was instrumental in explaining the function of the Family Court in dealing with juveniles, c xplaining the facilities available in juvenile courts that are not as easily available in adult courts, i.e. psychiatricevaluation. "Junior Criminal Court" Further, he emphasized that children should not come into a junior criminal court, nor should they be treated as criminals. The court has a dual responsibility to protect the community as well as to rehabilitate the offender. Participants tried to place responsibility for children's crimes some said responsibility lay with the home, others said with the community others claimed with the schools. - - Although no specific proposals or solutions were reached, the interaction between participants proved exciting and averting and panelists important in possible misunderstandings. future Lawless Luncheon The highlight of the Conference was Thursday's luncheon with Hon. William B. Lawless, former Justice on the New York State Supreme Court and the former dean of Notre Dame Law School. While at Notre Dame, Mr. Lawless established a second year law program for American law students to study both American and English law in London. He is currently making a study of how English law may be applied to American law. The focus of Mr. Lawless address was a comparison of the Anerican and English systems. Discussing the American legal system, Mr. Lawless noted that "we are in a state of , �. November 23, 1971 THE OPINION urgent, urgent crisis, the entire structure of the legal system can collapse. if we do nothing but talk, do not act." Therefore, he felt, Americans can learn from the English system and draw from the English experience. English cases are, on the whole, handled much more speedily than their American counterparts. In England the average time between arrest and commencement of trial is one month or less; in the United States from at least 60 days to one year. Part of this springs from the fact that Grand Jury proceedings have been abolished in England; the selection of the jury also takes less time. Further differences between the two systems can be highlighted by the wide discretionary powers available to the English judge in summarizing and commenting upon evidence. There is also in England a pressure upon the accused to testify, a feeling which Mr. Lawless did not agree brought the best possible justice. Pre-trial publicity was also a field dealt with by Mr. Lawless. In England, the news media are rigidly controlled and in general, cannot comment before a trial. One exception, however, is that anything a witness says is fair game the moment it is said before the jury. Mr. Lawless felt this was an effective technique for preventing trial by media. One superiority of the American system is the availability of legal aid here. In England, if the judge feels the case is not unique at the magistrate level, the defendant is not entitled to free legal aid. The procedure on appeal in England is completely different from that in America. In the United States we must wait until the transcript is printed up and sent out. In England, appeals can be made more quickly, since only in rare cases will the direct transcript be read; rather, appelate judges listen to counsel and judges' precise. Mr. Lawless emphasized that he was not suggesting that the American system adopt English procedure, but rather that he was opting for streamlined procedure without adding on time. Penal Reform Clarence Jones and Roy Gerard, Friday's keynote speakers, each agreed what the present penal system failed, and must be reformed. has Mr. Jones, a feels that the systems must negotiator at Attica, judicial and penal be seen within a sociological framework. One of prisoners' feeling are further ramified by the disparity in New York State in the ethnic composition of the guard force. He suggested that New York State begin a crash program of quickly infusing members of minority groups into the guard forces. Rehabilitation One problem that Jones, an attorney brought up was that if, ostensibly, the purpose of prisons is rehabilitation, does a prisoner have an enforceable right to have an affirmative rehabilitation. He questioned the extent to which the penal system can be made to carry out the responsibility for which it is supposed to exist. Prison Official Speaks Roy Gerard, the Deputy Assistant Director of Institutional Services of the Bureau of Prisons, recognized the failure of the present system. He felt that it was necessary for the reasons this feeling to be examined. Some of the commonly heard complaints are that the institutions are outdated. There are no programs to meet the needs of the inmates' rehabilitation. Further, sentences that many are dealt our are inconsistent sentences are too long, people who have committed the same crime have w id ely divergent sentences. Another for — complaint among inmates is that parole boards are not sensitive to what is going on. To these complaints, Mr. Gerard answered that "Those of us who have been in corrections for some time are aware of the problems." He stressed that there must be a more humane way to treat those who violate our law. The Outrage the major problems in the penal systems nationally is the high proportion of inmates from minority groups. These prisoners' dominant theme is one of cynicism and bitterness. In dealing with the penal system, Jones noted that one must be aware that he is dealing with the prisoners' deep- rooted psyche as to how the system operates. Jones further noted that the federal government must do of planning to meet the new kinds problems with solutions. Aftercare was 5 emphasized strongly by Mr. Gerard. In the panel discussion following the keynote speakers, more problems were raised. Mr. Hope R. Stevens, past the Harlem Bar Association, expressed outrage at n i st itvt ionalized racism' and those factors which have brought this about. - solution was put forward toward penal hesitantly by Brother Bob reform Wagner. Although it would only affect institutionalized juveniles, it was a step toward reform. - Friday's Workshops president of ' Mr. Frank Caldwell, Commissioner, N.Y. State Division of Parole, related the plight of the parole commissioner today. He was very angry with attorneys at parole hearings who are now allowed to attend. Often they tell the inmate who is up for parole to "plead the Fifth", resulting in the parole board's inability to extract information from the inmate. He further felt that the greatest protection the community has is to permit an easy flow out of the prison and, in a neecssary event, to allow for the Five workshops were also offered Friday afternoon. Crime Prevention and Education, Rev. James Demske, S.J., President Canisius College, Civil Disorders and Mass Arrests, Hon. William Ostrowski, Associate Judge, City Court, Availability of Legal S crvices, G c orge Wesse*-, President, Buffalo AFL-CIO Council, Long Range Planning & Permanent Citizens Group, Hon. Reid S. Moule, Supreme Court Justice, A ppelate Division, Judicial Selection, William D. Hassett, Jr., Businessman. Legal Services parolee's expeditious return to prison. At the Availability of Legal Services Workshop, Nat Barrell, Director of the Legal Aid Bureau of Buffalo, explained exactly what services Mr. Caldwell begged those present were available in Buffalo. He strongly not to tie the hands of parole boards disagreed with the Chairman of the with rulings that allowed a parole ECBA Judicare Legalcare Committee, violator to be free in the community David P. Feldman, who expressed the fear that legal aid attorneys were fresh when he was a danger. "Do not leave us in this middle ground where we out of law school and overburdened. don't know where to go." Mr. Barrell noted the competence of legal aid lawyers in Buffalo, as well as D can Richard Schwartz, also a their experience. panelist, questioned whether the correct place for decision as to whether a violator should be returned to jail was Reverend Ford of BUILD stated that "In our society today the rights not before the parole board, but rather a expressed He fear and availability of legal services are as before the court. of a loss of due process. vital as food, shelter, and clothing." He feared that the programs that are set Other panelists and participants up by professionals end up making the included Hon. Frederick M. Marshall, professionals richer in the guise of Administrative Judge for Criminal aiding the poor. Justice, Eighth Judicial District and Mr. Irving Fudeman, past president of the Parole Board's Hands Tied ECBA, the co-chairman, as well as the Rev. Carl F. Burke, Chaplain, Erie County Jail, Frank M. Festa, Superintendent, Erie County Jail, and Ms. Betty D. Friedlander, Chairman, C ri min al Justice Sub-Committee on Criminal Systems, NYSBA. One Solution Although many thousands of words were exchanged, only one positive Audience likewise a reaction expressed fears. As community expression, this workshop proved to be a viable method. However, solutions to arise out of the entire conference will be seen in the future. The conference was a good beginning, but where the community goes from here is the important result whether any effective change will come about as a result of this conference. range of ideas and a sounding-board for - Notes Frown Elsewhere by Michael L. Montgomery PEOPLE'S LAW SCHOOL the JOURNAL the Legal Profession, this program will hopefully serve to expose the budding barrister to many facets of his newly chosen profession which he could not encounter in the classroom milieu. Participating attorneys include members of private firms, a public defender, county prosecutor, federal attorneys, and public interest and Movement attorneys. in Stanford Law School Stanford chapter of the National Lawyer's planning to form a People's Law School in Alto area. The proposed new school will attempt to combine the theoretical study of law with active involvement in community legal projects. The courses are intended to be taught by ex-convicts, legal workers, lawyers, and law students. They will be free and ungraded. Patterned after a similar establishment in San Francisco, which reported 750 students, the organizers of this new school hope to provide legal information to people about areas of the law that effect their daily lives. It is also proposed to train workers in specialized legal skills so they can serve the needs of the community. Included in the proposed curriculum are courses in street research and investigation. The latter two courses will be prison oriented primarily towards legal workers. The series course will be a lecture and ofdiscussion corpus, habeas writing writs supplemented with visit visiting prisoners, and transporting people to The Guild is the Palo prisoners in jails. STUDENT-LAWYER MATCHING which might An innovative program at Stanford la one which w II well be implemented in Buffalolaw with students year second pair first and practicing attorneys in the area. Entitled Alternatives TENURE IN THE NORTH Obiter Dicta Osgoode Hall, Toronto Students in this Canadian law school are the desirability of abolishing the present policy of granting tenure to professors. While such a policy may provide liberty for the innovative, it may also provide a license for the incompetent. Ron Dash, student legislator, pointed out the undesirabUity of granting tenure with negligible student input, especially when the individual involved turns out to be an incompetent teacher, for there is no mechanism for further review. Suggestions are as follows: basically bitch like hell to anybody and everybody, because there is no other mechanism outside of student complaints to make any student input heard. examining SPORTS of Buffalo may have the Shysters, ethereal masters the football field, but our cousins up North are blest with a team in that most superlative of sports, sailboat racing. York University provides their sailing team with boats and travel money to local and not so local regattas. Of course, they are not all that good. Not nearly as good as me, for that matter. In their last regatta at Kingston, Ontario (the only place in the world where compass needles revolve in circles due to iron deposits) they had two capsizes, one sinking, and one mast fell over out of four boats. - That's not performance. Maybe when the new campus is finished here we can get some sort of sailing team going on that ridiculous lake presently inundating the Amherst flood plain. Then 1 could engage in my own realm of expertise and break off rudders, splinter masts, and fall overboard with all the grace of an overweight walrus trying out for the Moiseyev Ballet wearing lead weighted swimming flippers. SEARCH FOR A DEAN Like so many other schools, Osgoode Hall is presently bereft of leadership. Student input will be the keynote in the present search for a leader, however, with two voting student members on a search committee of five representing the law school. But all hopes for chaos have not yet been the various factions of student ex t inguished government are so much at odds with each other legislative body is unable to name a that the mutually acceptable pair of student representatives on the committee. - �November 23, 1971 THE OPINION 6 Jnt'l law Club Faculty Meeting by Yoran Dinstein Speaks Yoran Dinstein, Professor of Law, author, and advisor to the Israel U .N. delegation spoke before the International Law Club November 9 th on Contemporary International Problems. His lecture centered around Arab-Israel problems and the legal difficulties that exist between the countries. Since the 6 day war Israel has come into possession of new territory, but Professor at Tel-Aviv Faculty Dinstein relates unless a treaty or an agreement can be reached the State of Israel can not annex the territory although Israel can remain in possession as long as the military and not civilian authority run the territory. is a new concept in International Law, and there exists at this time, a mixed status of laws of war and laws of peace. He feels that time is on the side of Israel and if a long enough period passes then International body has avoided every war and peace issue of this decade. Politics, the big powers and human rights were topics of discussion which he touched on in an informal question period afterwards. prescriptive title may pass to Israel without a formal declaration ending hostilities as is traditional in International Law. Turning to problems at the U.N. he feels that -biitinauiiked Viilton 3orum O'Connor on Welfare Reform Rosalie Stoll "Welfare Reform" was the subject of the October 27th Distinguished Visitors Forum. Michael O'Connor, a Reginald Heber fellow, and Mrs. Mildred Prin, Chairman of the Buffalo Rights Action Group, presented their views on the current New York State Welfare System. The purpose of the welfare system in New York State is to provide for the basic needs of persons without resources. Of the 70,000 Erie County recipients, Mr. O'Connor stated that approximately 60% are children receiving under ADC and 20% are the parents of those children. Approximately 10% of the recipients of Social Service money are on the Home Relief program. Mr. O'Connor, who is currently working with Neighborhood Legal Services, virulently opposes the current New York Welfare Reform Program. Its four main propositions, he stated, include a residency requirement, the cutting of grants by 10%, the establishment of an Inspector General's Office and work rules. Mr. O'Connor served as local counsel for Lopez v Wyman in overturning the New York residency law. In an upcoming case, v Wyman, Mr. O'Connor will be challenging the New York "Work Rules". The residency requirement, which was enjoined by federal court in Buffalo, was, according to Mr. O'Connor, the least important of the four major provisions, since it affected only about 12,000 recipients, whereas the State Doblino ' others affect more substantial numbers. Under the second provision, grants would be cut by 10%. This is, Mr. O'Connor states, difficult to organize against, because it comes within the discretion of the legislature. The Inspector General's Office would be an independent body responsible directly to the Governor. This would investigate abuses in the welfare system. Its main purpose, it was suggested, would to attack cheating and be liberal administration by caseworkers. However, the opposite point of view holds that, from the start, this would have an intimidating effect upon welfare recipients, since they are hesitant to enforce their rights. Prior to July, only 6% of the Welfare recipients were considered employable. Now, any recipient over the age of sixteen is, unless he can prove the opposite, employable. Mr. O'Connor fears that Social Services can thus impose certain child care rules on a mother receiving ADC. Co-incident with this employment provision, recipients must now pick up their checks in person. No allowance is made for transportation or babysitting. Persons living in rural areas such as the Cattaraugus Indian Reservation are under the same obligations. Commenting upon HRI, which was passed by Congress last spring and is currently before the Senate Finance Committee, Mr. O'Connor stated that "My reading of the bill indicates it is just as repressive as the New York program." He feels that the welfare reform programs to date refleet accurately the attitude of a majority of the legislature, "The majority of the public is ignorant of the needs of the poor." Mrs. Prin, speaking on behalf of poor persons, explained what she considered their needs to be. "We're going to eat and be clothed, just like everyone else in the country. I never heard them say 'we're not sending your son to war because he's on _the welfare." Further, Mrs. Prin stated, "We don't have babies to get welfare checks because we know . they aren't taking care of the ones we have .The poor are not lazy, and we don't have Caddys." No child is responsible for his parent's income, Mrs. Prin noted, and some people are always going to be on welfare. As for the work rule, "I am for work, 1 believe in work, but I don't feel work is greater than people." Setgfio & Meinaxdi . See our fine selection of R,,?r.loNY "„*'"'" 877-UUdd . -- trousers sport -ties Ready to serve you at 2 locations Main Place Mall AlLeCastre (upper level) Alan Kemp BernieLeCastre 852-1750 R chard Pantano jackets Sergio chiappera J<=ffJ°"« Dave Quaekenbush as Assistant Professor of Law and Goldstein. Voting was 20 pro, and 1 con. The final matter brought up at the meeting was the Student Course and Teacher Evaluation (SCATE). Each professor received copy a of his evaluation from the fall and spring of last school year but they were not yet publicized. Several faculty members raised questions as to the reliability of the results. Professor Horn burger (Chairman of the Faculty-Student Relations Committee, the sponsor of the survey) replied that a set percentage of responses was necessary before any course would be accepted by the computer. Another weakness cited was that since not enough students responded in some courses, professors were prejudiced since their courses would not be included in the final evaluations based on the sum of their courses. Junior S.B.A. director Mike Berger questioned the perceived objectives of the evaluation. Professor Katz responded that the faculty-student committee had a dual purpose in mind. First, to guide the faculty in their teaching effectiveness and second, to guide students in their course and teacher selection. A motion was then made to send the questionaire back to the Faculty-Student Relations Board so that they could make their own evaluation of the statistical merit of the results and decide what to do with the whole matter without any need to bring it back to the faculty for approval. This was proposed because since the evaluation was made by a joint faculty-student committee it was felt the faculty should not hold a veto over it. The motion passed 14-0. Employment Interviews by "bar membership", "number of tax courses", regarding Alan Minsker There is generally a two, or three, step process involved in gaining employment with either a governmental agency or a law firm. This process includes submitting a resume, an interview with a representative of the prospective employer, and, quite often, a formal application accompanied by official academic records. It is the second step of this process to which this article is addressed. As a result of interviewed many people in the course of doing research for the Office of Student Affairs, and of being interviewed on several occasions for employment, the author feels knowledgeable on the subject. What is the purpose of an interview? An interview form used by the Internal Revenue Clothiers -- knitware shirts - suits Mr. Wenger's appointment Law Librarian was the next matter voted on. It was pointed out that by being on both faculty budget line and library budget line (half a line each), Mr. Wenger would not be under the complete control of the central library and Miles Slay ton. Student opinion on the appointment was reported by Professor having In theNew Tradition 2136 Delaware Aye does not belong exclusevely to any faculty or department. By making full use now of the exclusively to any faculty or department. By making full use now of the The proposal was put into the form of a motion and passed. space and This by Robert Friedman on November 3. The The monthly faculty meeting was heldsupporting staff of the first motion considered was to permit the in on faculty meetings. law school to send a representative to sit the supporting staff to permit This passed 18-1. A motion to use the faculty lounge was also passed. of space regarding leasing the The Bar Association proposal was next at 77 W. Eagle Street after the law school moves considered Professor Davidson questioned whether the Bar fact that the rest of Association gave full consideration to thelegal clinics of various the building would be used for student possibly kinds with an assortment of students, clients and the Bar demonstrations at times using the building. Since building past with the school in the Association had shared the any problems of involved. they that assumed were aware it was rental Professor Goldstein queried as to the disposition of the of the from the lease. He was answered that the general fund Universith would from the lease. He was answered that the by entire building would of the University general fund of the the law school would be barred by the lease. Proponents of the by made the building were not leasing felt that if full use of the law school immediately (via lease and clinic programs) then the law school would almost definitely lose control of the facility. This is because all space in University buildings is University Service offers some answers. The form seems to be divided into two basic categories, one dealing with information intended to supplement an applicant's resume and formal application, and another which deals with personal qualities. In the former category, the interviewer fills in information "types of tax courses", "accounting experience", "other legal experience", and ''employment location limitations". In the latter category, the interviewer is requested to rate (excellent, good, good, fair, poor) the applicant in terms of "appearance", "personality and demeanor", and "ability to express himself (sic)" "General fitness is rated as very "outstanding", "above average", "poor", or "unsatisfactory". Presumably, the evaluation of an applicant's personal qualities is made with reference to interviewer's as an attorney for that is, the will utilize the social norms and values of the IRS to decide what is "good", "fair", "poor", etc. Finally, there is a space roughly Vh inches x 6 inches in which miscellaneous comments may be written. All this information has to be ascertained within twenty to thirty minutes from the "How do you do" to the "I'm sorry, I wish we had more time to talk and get to know each continued on page 8) experience the IRS; in tervie wer �November 23, 1971 THE OPINION Sports by Upon entering championship play the Shysters had not allowed a point to be scored against them in their last four ballgames. And now the count is up to five games without surrending a touchdown. The stellar defense is headed up by defensive captain Lee Ginsburg who patrols the deep zone. His two able defensive halfbacks are "Mad Dog" Vinny Tracy and Bob Livote. This trio so far this season has intercepted eleven passes and as yet hasn't been burnt. In front of backs is a late addition to the squad, parading as a Roger Stone, and that has been just what he had been on defense. At his middle linebacker spot, he has three interceptions to his credit, and to forget his many openfield tackles. Rushing so not far this season has had many different players giving it a try. Among the rushers have been Tom Parmela, Sam Nc ii in.m, John Janiak, Dan Martin, Don Haight, Jerry Solo m on, and player Alan Snyder. As long as the defense keeps giving the ball to the offense, Dan Martin, who is the Shyster's AH Star Quarterback, keeps putting points on the Scoreboard. Martin who has been out for some time with a sprained ankle, has been averaging about 14 points a game, these points come from ends Doug Roberts, who could possibly be the Otis Taylor of the Campus League. Martin gets his protection from blocking backs Tom Parmela and Don Haight. John Janiak, also a new comer this year plays at blocking back with some good shots given to many oncoming rushers. The silent man on the Alan Huddle Snyder squad and possibly the unsung hero is center Don Kaplan, who seems to come up with that certain catch to keep the team shares moving. Kaplan also the kicking duties with Yin Tracy, while both can boom the long one. The other end is Lee Ginsburg, who is possibly the only 60 minute man in the league. His constant play has helped the Shysters over and over again. In Cro&Aword A 10.4 Jon Kastoff first championship playoff game, the Shysters beat the Humans 13 to 0, to the enter the quarterfinals. They must play next, the only team to beat them this year, that being the Sammies. The boys are up, and all the feelings expressed for a good game. In defeating the Humans, the Shysters didn't get on the Scoreboard until late in the first half when Martin spotted Kaplan all alone in the flat, then hit him with a pass as he waltzed into the end zone. Ma r tin also connected with Kaplan for the extra point. After linebacker Roger Stone picked off one pass, and safety i <■>■ Ginsburg batted down many long bombs, Martin hit end Doug Roberts with a 79 yard pass play down to the Humans' 1 yard line. Two plays later Martin hit Ginsburg who made a diving juggling catch to round out the scoring at 13 to 0. The game was over when Yin Tracy made one of his patterned interceptions to stop a last minute rally. With four games remaining the Shysters promise to give their and win the championship. For two years Shysters have played now, the the part of the Bride and this year needless to say, they are playing for all the marbles. all to try HOOP SEASON With the first season game scheduled for December 3, the LAW has started to make preparations for the upcoming season. In the past three years the LAW team, who was first started by Fred Garwood, now graduated, has compiled a record of 30 wins and 1 loss, while winning the City Title twice. This year the team will be coached by Dan Holleye, who succeeds Fred Garwood, and Steve Larson as the main man. Holleye will be assisted by senior Alan Snyder, who is in his third year with the t Practice sessions have been called, and all interested can come to Tosh Collins Gym located at Cazenovia and earn. Abbott Roads right across from Mercy Hospital in South Buffalo. The LAW will probably be practicing on Tuesday and Thursday nights at 9:30 for the next few weeks. All are urged to come and play. If interested, see Alan Snyder in school or at thc gym at the nights of practice. The LAW being defending champions, hopes to have another shot at the title. As the team has not officially been made up as yet all are eligible to play. Anyone not interested in playing for the LAW, may start his own team and enter it in City League competition. Just go to City Hall, fifth floor, Parks and Recreation and fill out an application. As of last Friday they still have room for twenty teams. The Campus league, due to such a large turnout, is not taking any more teams for this years league. ACROSS DOWN 1. bio. or chem. 4. house part 9. nose 13. angelic instrument 15. shooting position 16. terrible Tsar 17. type of dosage 18. Bartletts 19. nyet in NY 20. sneaky guy 21. burden 22. novices 23. raged 25. Abner 26. Kradem's vehicle 27. adds depth 31. tapestry 34. viewed 37. C.N.R. necessity 38. relaxer 39. switch tracks 40. European capitol 41. not real (abbr.) 42. truthful 43. music combo 44. tranquilizer 46 stout 47. electnc particle 48. German songs 52. repent RiGHT ON! 55. French souls 57. Eurasia divider 58. Pacific Isle 59. arrest &_by OTTO MATSCH THREE FOR THE PRICE OF THREE saying is that with the exception of blacks, who could be expected to vote for a ticket featuring a black V.P. candidate, the rest of the Poor Eddie Muskie. Recently he made some nice people the Democrats regularly enlist under innocent remarks to the effect that if running select black their glorious banner to promote peace, progress a nominated he would not and all that good stuff are too racist to vote mate because the country was not ready for a no for a black. He is right, so leave him alone. were say black veep. He didn't there To solve the dilemma I recommend the qualified black politicians around, he didn't say it will Democrats use a Muskie-Wallace ticket he did not want a black vice president, he appeal to both Northern and Southern bigots. didn't even raise his Polish heritage as a defense. But suddenly every political The SSSB (Supersonic Schoolbus) opportunist leaped right onto his chest. Nixon called it a slander against the country. Lester A great hassle has risen among the suburb Maddox called it a racist statement. Some dwellers now that busing is looming as a blacks called it insulting; others said that prospect for their very own darlings. In definite they although they disagreed with him some Southern cities the townfolk have gone as respected his honest opinion. In general Muskie private academies to keep their forming far as got the short end of the stick, with almost all children away from the integrated schools. In politicians and commentators against him. Poor the more moderate North, school buses have Muskie. A been burned and marches organized. But I agree with him. Upon examination of to bar busing is constitutional amendment his statement, that a Muskie-black ticket would and the offices, Congressional floating of all, around not. win, it is apparent he is right. First House added three amendments to the $ 1.5 he is not speaking of all America. Only those billion desegregation bill barring the use of over 17 and thus eligible to vote next year are of the federal funds for busing school children out of segment included. And of that their own neighborhoods with Northern population Muskie's remarks were directed "liberals" joining Southern conservatives. voting public of the solely to that portion Complaints against busing come from both which the Democratic ticket could attract black and white racists opposed to integration. These are Democrats and some independents. are against busing for other However, many the voters that the Democratic Party claims to reasons, youth, primarily the idiocy of transporting the liberals, labor, appeal to children to distant schools when local schools and blacks. intellectuals, radical chic, freaks exclusive and are available, and oppressive cost involved. (Los (These categories are not mutually Angeles spent $40 million on buses and drivers' intellectuals, ie black overlap in some cases, (continued on page 8) liberal students, etc.) So what Muskie was really Don't Harrass Muskie! - - - 60. Indian deity 61. Mid-East figure 62. beauty parlour job 63. certain coup 64. caroled 65. Pompidou's thoughts 66. Galena 1. looks for a forum 2. printing word 3. mad 4. winesaps 5. tire mark 6. hopping animal 8. that (Fγ.) 9. bread and butter Law School course 10. ended \\, N.A.-Eur. group 12. Biblical name 14. a no-no, for the record. 22. cravat 24. Greek letters 25. fast time 27. gainsay 28. Bridge hand 29. African river 30. machine 31. Muhammed and Baba 32. hoarfrost 33. open a book ?4 teanto 35 continent (abbr.) 3g Swcdc s name . -, > 43. arena shout 4J dig ( 4(J weddif]g places 4g tenant s COncern , 49 muse 50. jungle man 5 chaUcboard 52 Lmco in et al. 53. verboten 54. Good Earth heroine 55, jejune 56. 59. Mets or Yankees three (pref.) All rights reserved AnswerTo Crossword No. 3 _ 7 �UNIVERSITY EVENTS November 23, 1971 THE OPINION 8 BulETiNBoARd - Court Board has finalized the the annual Charles S. Desmond Moot Court Competition which this year will see (fifteen students) vie for the distinguished eight teams honors of Best Speaker, Best Brief, and Best Team. Practice rounds for the participants will be on Monday, November 22nd and Tuesday, November 23rd, at 7:00 P.M. in the Supreme Court, Erie County Hall, at which time they will be given the opportunity to run through their oral arguments and hear comments and criticisms by the current board members who will act as judges. Beginning Monday, November 29 th, the contestants will engage in the actual competition which shall be judged by local members of the bar and bench. The final round will take place on Saturday afternoon, December 4th at 2:00 P.M. in arrangements for "Musical Innovations" 9:05 p.m. WBCE-FM, featuring Jan G. Willians, "Musical Innovations" 9:05 p.m. WBCE-FM, featuring Jan G. Williams, Performing the Supreme Court of Erie Sunday, Nov. 28 "Brams' German Requiem;" U/B Chorus and Buffalo Schola Cantorum �Concert: "Brahms' German Requiem;" U/B Chorus and Buffalo Schola Cantorum 2:30 p.m. Kleinhans Music Hall. �Concert: contestants. By transporting the children right out of their neighborhoods (and off into the wild blue yonder) going to school can be more than an exercise in racist balancing; it can be a learning experience again. Of course the question arises about Right On! (continued from page 7) salaries last year.) The latest complaint raised is that the busing does not work. "Children who do not play together after school and on weekends are not really learning to live together." Thus spake William V. Shannon, a liberal editorial-writer for the New York Times. The trouble with all these complaints is that they fail to grasp the basic trouble with busing, that it is racist. Children are sent to various schools on the sole basis of race. If anything, this makes them even more aware of racial differences, not less, and detracts from the learning experience in a desperate effort to achieve numerical ratios by race. The solution is obvious: more integration, based not on race, but on a wide variety of factors unreached by busing's outdated treatment. Just think of all the poor Eskimo schoolchildren who are unable to get hunkered down in a sandbox with a genuine Kansas practicality. It is very impractical to bus a kid from Miami to Oshkosh every morning. Buses are too slow. But why use buses? As 1 recall the unemployment rate in the aircraft industry is super-high. It seems fairly obvious that by school children around on SST's two solutions would be created at once school integration (and really complete integration, too), and employment, at least for aircraft workers. Another variation of the solution is to build one huge school out in the middle of Ihe country somewhere and fly all the country's children in. This would solve the problem of where to shuffle the kids every year to make sure they were integrated with everyone for awhile. Instead, they would be integrated with everyone all the time. It would also remove any complaints that any region was moving the farmer's kid, the Alabama children who never of day. I personal qualities. Interviews with other govermental agencies, and private law firms seem directed at the same purpose, although interviewers make it a point that the interview is a way two street in which an applicant has a right to learn about his prospective i*mr!oyer just as the employer has the right to learn about the applicant. Some firms and agencies seem to welcome questions about such diverse topics as salaries and promotions, the employer's view of "public interest" law, what the employer thinks of many .. big yellow planes it all now red lights; field trips to Alaska; great pyramids on the plains of Kansas. "Stick-em Up, Brother" In October New York police responded to a "robbery in progress" alarm and surprised four men holding up a black night club. All four were captured after a half-hour shoot-out. One was wounded, and identified from fingerprints as the long-sought H. Rap Brown, self-proclaimed "revolutionary". The other three what the the roles income, religion, and education to be in the life of a well-balanced individual. Asking such questions — can see with flashing sake of making a few liberals (usually childless or with their children in private schools) happy. minutes over". The purpose of the IRS interview, then, is to gather two kinds of relevant employment information, one concerned with educational background and job experience, and the other with — inadequately integrated, as half the population the country zig-zagged back and forth every get to talk to any other children about a white Christmas in New Hampshire, the culturally deprived Colorado children who never see the cultural wonders of Central Park at night, and the swamp-rats and ridge-runners from the great American Southeast who never get to relate to the Idaho potato peelers, not to mention the children from New York City and Los Angeles who never get to see more than two blocks or breathe any clear air unless they somehow get out of the city. Cultural and geographical integration is needed, not merely the busing of confused children a few miserable miles for the (continued from page 6) other, but we're already five may, or may not score points, but is highly informative and worth doing for the often surprising they provoke from the ostensibly "straight" business community. responses not all .of the information elicited at an interview is relevant to one's abilties or accomplishments, but may nevertheless be used for Jthe purpose of selecting; or rejecting, applicants. In an interview, it is impossible to conceal virtually regarding one's race, sex, marital status, religion, or ethnic origins, even though the interviewers avoid asking questions about these subjects for obvious reasons. Nor is there any practical way of legally checking up on the "individual urban guerrillas." Lenin also urged robbing "private persons" to get money "partly for the special purpose of arming and preparing for an uprising, and partly for the maintenance of persons engaged in the struggle. :. ." Patrons of the club complained that whatever the political aims of the thieves, the four were taking money and valuables ( from blacks at gunpoint while calling them "brothers". Meanwhile, Brown remains in the hospital in "fair to good" condition following surgery to repair damage from two slugs. While recuperating he is using the pseudonyme of Roy Williams. Mr. X's lawyer, William Kunstler (who else?), stopped in to see him and said he did not look like ol' Rap, and that ripping-off the brothers was not something that ol' Rap would do (Black Panther Richard Moore did it in June, but don't tell Kunstler.) Interestingly enough, the patient is regularly visited by two persons, the wife and brother of H. Rap Brown. The debacle illustrates the sorry state to which the so-called revolutionaries have fallen. Brown was once running around stirring up whole cities and inciting them to riot; now he and his ilk are running around ripping-off their brothers. I can hardly wait for the bleeding hearts to get their campaign going to "Free the Rip-Off Four," and never mind any sympathy for their victims. manner in which private law firms make use of this information. There is no way of saying how much discrimination goes on in private law firms, but a shrewd applicant who happens to be an a 11r ac tive black Jewish woman would be justifiably suspicious of a forty member firm, all of whose members had names which were masculine, Christian, and English in origin. position for which ninety-three Of course the question most law students would probably have about interviews is: "How should I conduct myself during pleasure from "putting people on"? An applicant who places no value on truthfulness for its own sake, loves putting people on, and is only interested in finding a job in order to get income just as soon alter graduation as possible should have no problems or personal conflicts in figuring out his (or her) course of action. Research the prospective employer carefully before going into the in terview to find out how Unfortunately, information International Law Meeting The International Law Club will meet Wednesday, December 1, 1971 at 12:30 1:30 Rm. 108 to hold nominations and elections of officers. All members and new members are invited to come. were Samuel Lee Petty, Arthur Lee Young, and Levi Valentine, all known to intelligence agencies as one-time members of the Black Liberation, a St. Louis radical gang. Law enforcement officials speculate that the four were bent on filling Movement coffers, possibly taking inspiration from the Minimanual of the Urban Guerrilla, which instructs adherents to use "expropriations" for the maintenance of - ■Admission will be charged. the law school, or County at which time Chief Judge Charles S. Desmond, Judge Matthew J. Jasen, and Judge John Henderson will decide this year's team winners. An open invitation is extended to the local community and student body to attend the rounds any evening to view and listen to the Arts, EMPLOYMENT interviewer considers INTERVIEWS of social status, Desmond Moot Court Competition The Moot WEEKS OF NOVEMBER 22 NOVEMBER 28 Monday, Nov. 22 Kino Pravda (1922) Man With a Movie Camera (1929) Two Russian films directed by Dziga Vertov. 3:00 p.m. Baird Hall. Tuesday, Nov. 23 Film: SH (1963). Directed by Federico Fellini, Fellini's biography of a film director, with Marcello Mastrioni. 3:00 p.m. and 8:00 p.m. Diefendorf 147. Wednesday, Nov. 24 �Concert: Violin Recital: Charles Haupt, concertmaster of the Buffalo Philharmonic. Program includes works by Mozart, Ysaye, Debussy and Prokofiev. 8:30 p.m. Baird Hall. the interview?" Many confusing books and pamphlets ii m been written about this problem expressing many hodge-podge values and a 11i tv dcs including idealism, sycophant ism, and religious devotion to the capitalist system. "Be yourself" (1 never met anybody who wasn't) but remember that you're one applicant applying for a other worthy law students are also competing. The answer, if there is one, seems to be that there are a number of personal values to be considered. The question is really one of simulation versus honesty. How much do you personally value truth for its own sake? Are you only concerned about employment immediately, following graduation, or are you more concerned with the "long run"? Do you derive current employees dress, cut their hair, speak, and spend their you time. Then, pretend are Richard Burton for a role in which spare preparing he represents a super-normalized version of one of XYZ firm's employees. Go into the interview and act t out the part as though you*re already one of the firm. If, on the other hand, you are one of those simple people who values truth for its own sake, never puts peole on, and is thinking in terms of long-term job satisfaction, you should try a different tact. Introspection followed by an honest and full disclosure of your true character during the interview would seem the most appropriate course of action for this particular person. Of course, most Aristotelians who fall between these two extremes must first decide how much of each value they wish to maximize before going into the interview. Then custom blend the Richard Burton with the person you think you are to achieve the desired results. � 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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PERMIT NO. 708 The Opinion 77 West Eagle St. Buffalo, New York 14202 THEOPINION Volume 12, No. 6 State Univanity of Hew Vorfc at Buffalo School of Law December 16. 1971 Placement Office Flooded With Job Offers The Law School Placement Office this week announced that the total of unfilled legal positions on tile has risen to 316, an increase of 47 from last week. "I don't dare gi> near my o ft ice," commented Registrar Charles Whalen "ihose interviewers arc really desperate." In the interest of fairness a system of sealed bidding was instituted on Monday. Whether this new process will help to alleviate the situation is still unclear since it was found that the first student, lor whom 238 bids were received, had left the Law School and returned to his home, a commune in eastern New York. When reached by phone. Franklin Popovich, a first-year student, outlined his reasons for leaving. "Like the pressure was too much, you know, calls day and night, money slipped under . the dour. .. my girlfriend w;is even offered a loom. like too much." Before we hung up, we promised noi to reveal his location, as several firms were trying to ship a tractor out to the farm. The situation seems just as tense as that of two months ago. when recruiting in classes threatened to eliminate the last refuge for students. The cheek-in system seems to have solved this problem although isolated incidents of bribes are sporadically reported. "I don't know what to try next," said the Registrar, "we try to be fair, but only so many interviewers can sign up for one student." So tar the sign-up sheets are filled through llW) with interviews scheduled from 6:00 A.M. to (Cont'd on page nine) Law Women Elect President One of the The results from the recent Law Women election were announced 1a st Friday by out-going President Barbara Anderson. "I was really surprised." remarked Preside n I-!i lee I Robert Caldom, "My campaign was really low key and I didn't think that the (cont'd on page seven) Plan for the Shyster's new Dome stadium is inspected by students. Financial backing is being supplied by the SBA and Sam's Parking Lot. "Switch Day" a Success The first annual Law School "Switch Day" was proclaimed a success by all concerned, although some friction may have resulted. The program, in which administrators and faculty switch places with their secretaries for one day, took place last Tuesday. Participants reactions were somewhat mixed, but all agreed that a new awareness had been fostered by the program. "I thought the day would never end," cum men ted Associate Provost William G ric n c r one o t' three administrators who look the place of Secretary Fat Taylor. Reactions among the faculty were along the same line, with several spouting bandaged fingers at the end of the day. Students polled generally agreed that their classes were , "really informative" and "the most interesting this year." Asked how she had acquired the knowledge necessary to conduct a class, one secretary remarked "who do you think writes all those handouts you get every day?" Plans Tor next years program will include (cont'd on page four) in promoting fail law enforcement." of the organization. Captain Richard DoGoode, commented that "the Observers ,, really make our job easier. "We hope to increase cooperation heI ween the police and the Observers in the future," he added. The Observer's chairman The Presidem Bookstore Announces 40% Price Cut A forty per cent price cut has been initialed immediately by (he Law School Bookstore on all law lexis. Several factors have been elemental in this- reduction, the principal one being the new line of paperback texts. "The publishers are really out lo help cut law sludcnl costs," commented Mary Lou Palcsh. Bookslorc proprieirix. "I can't see how they could be more cooperative." In additon to the text price cut, ihe Bookslore announced thai n would no longer carry canned briefs, outlines, and hornbooks since these are could not be reached for comment but it was (cont'd on page six) All articles on this page are real and the world, fortunately, is fictitious. They were written in the spirit of the season and we hope no offense is taken. now piovided through administration funding. being "I Legal Observers Receive Grant A grant of $500.00 has been received by the Law School Legal Observers. The doners of the grant, the Blue Badge and Silver Whistle Club. an organization of Buffalo Patrolmen, said thai the money was given in recognition of the '•meritorious service and exemplary effort expended by the organization innovative new attempts to cope with the present crisis; group interviewing. Actually this isn't a formal interview but shows what happened when a student accidentally wandered into one of the "unrestricted" areas. As one student commented, don't see how we got along (cont'd on page seven) 'That will be 51.95" says Mary l.ou Pah'sh to one of the first students to take advantage of the price cut. Spirit Prompts Cut The Western New York Businessman's Association announced yesterday that all prices in retail stores will be reduced twenty percent for the holldfiy season. A release by the Association stated thai the purpose of the price cut was "to promote the spirit of giving throughout the community." The statement further slated that it is unfair for merchants to hinder this spirit by maintaining the normal nonholiday prices." "Sure, we might take a small loss." commented the Association's President, "but what is that compared with the good will and spirit of cooperation that the (cont'd on page three) �December 16, 1971 THE OPINION 2 Editorial LetrsTE hoe ditor H and HD Must Go The myriad problems that have arisen since the implementation of the new grading system two years ago attest to the fact that it is a failure and that it must be revised. As originally conceived, the system of pass-fail had considerable merit and was certainly superior to the numerical grading system it was to replace. By eliminating artificial distinctions among students with approximately the same averages, it promised a fairer evaluation of their academic achievements through letters of recommendation from their professors which would be inserted in their records as a supplement to their grades. Unfortunately, this system was compromised by those who still favored a multiplicity of grades and included, when adopted, the additional grades of H and HD. It was the addition of these grades which destroyed the originally conceived pass-fail system and led to what many interpret to be a modified A,B,C,F, system. The results were disasterous. While some professors awarded HD's as they would A's, others took it to be a rare animal to be awarded to a brilliant student once in two years. Likewise the H was considered by some to show "better than mediocre" work while others considered it to be a mark of high achievement. If confusion inside the Law School was great, outside it was almost total. Employers took the conservative view and took Q's to represent average, "fair" achievement, which resulted in many students finding themselves at a severe disadvantage in competing with students of even clearly inferior law decisions? Ira Fischer PAD Symposium To the Editor: On Wednesday, November 17th the Carlos Aiden Chapter of Phi Alpha Delta presented its third annual Symposium on the Law entitled Judicial Selection: Election or Appointment. Notwithstanding two months of preparation and planning and a fairly widespread publicity campaign the whole affair turned out to be somewhat less than a success. Amid the widespread controversy over the role of the courts in our society one would have felt that a faculty and student body such as ours interested would in a have been at least mildly free wheeling discussion by ™ OPINION December 16, 1971 Vol. 12, No. 6 - Editor-in-Chief- John R. Samnebon AaslHitEditor Vacant Managing Editor-GeorgeRiedel jolt came last month when the clerk of the Court of Appeals refused certification to a number to the original plans, a U was to be any grade from a low C down, but because of the H and HD grades, and the inevitable comparison with the ABCF system because of them, it was interpreted to represent an F. The solution to this problem must be obvious to all. We must reject the view that our experience shows that pass-fail cannot work. Pass-fail will work when it is implemented. The compromise plan only shows once again the flaws in the old system. The grades of H and HD must be eliminated. Only then, with the resulting stimulus for letters of recommendation, will students receive a fair evaluation of their academic achievement. Letters are welcome from alumni, and others. Please limit students, /acuity, letters to two typewritten pages. Send to: The Opinion, 77 West Eagle Street, Buffalo, 14202. Anonymous letters will not be published. to methods of choosing these courts. Apparently To the Editor: The granting of tenure to Professor Al Katz, whose attitude towards his students is, in my opinion, one of "smug disregard," makes a sham of 'teaching ability' as the overriding consideration to be weighed by the schools tenure committee. They blew it again by this latest decision just as they did last year, when they dismissed Professor Steve Larson, who was alive and capable and stimulating in his classroom and, most important, concerned with his students. Were the students voices really heard in these schools. The final of last year's graduates partially because of the confusion of what a U on a record means. According local jurists and members of the Bar as those who preside over such was not the case as evidenced by the attendance of only two law students outside the fraternity and no members of the faculty aside from our advisor. Such lack of student support can either be attributed to a lack of interest in the particular subject or just plain apathy. The former could be remedied easily in the future, the latter, on the other hand, seems to be a creeping disease not so easily cured. The negligible faculty participation, on the other hand, bespeaks of the major problem facing this Law School in its internal operations: lack of communication. It seems that neither the students nor those in Prudential take the time to discuss their respective activities with each other. In this particular case the members of the Alden Chapter, as have members of other groups on different occasions, worked very hard to provide an educational experience for the whole school. For those who were there, the discussion proved to be both rewarding and lively. But an essential element was missing: support. The lack of this element was due to an inability to communicate. Its about time this inability stopped. This is a criticism of both sides and 1 welcome a response. Mark G. Farrell Justice Carlos Alden Chapter Phi Alpha Delta leading Tenure Complaint Photography Editor - - - News Editor Rosalie StoU SB. A. Editor Vacant Article Editor Mike Montgomery Feature Editor Vacant SamuelFried - Production Manager Vacant Business Manager -Chris Greene - Staff Writers Otto Matsch, Jeff Spencer, David Schubel, Mark Lillenstein Columnists Otto Matsch, Michael Montgomery, Alan Snyder Contributors Jonathan Kastoff Robert Rodecker Robert Brosius Photographers Samuel Fried, Chris Belling, Gary Masline Artist Steve Jaffe The Opinion is published every other'week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202.The views expressed in this paper are not necessarily those of theEditorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid c.ass postage entered at Buffalo.New York, - RiGHO T N! by OTTO MATSCH CLASSROOM CANCER The sign above the blackboard in room 110reads "NO SMOKING." On a good day you can almost see it through an acrid cloud as nicotine-sucking slobs incinerate old leaves and subject their classmates to the pollution of their disgusting habit. Similar signs adorn the other classrooms and the library; but there is no place in the entire Eagle Street "campus" to escape the fumes, for the polluters infest every nook and cranny and puff away with vicious abandon, ignoring signs, ignoring reason (the Surgeon General and the AMA inform us that smoking causes cancer), and ignoring the irritation of their non-smoking classmates. Without going into the psychological reasons of why people subject themselves to smoking, it is apparent that the smokers among us are inconsiderateand uncaringof the discomfort they inflict upon fellow students. Smokers constitute a small minority in the school population, say 20%. The rest of the students do not smoke because they find the practice to be foul, unhealthy and revolting. Yet the majority finds itself daily subjected to the oppressive habits of the slob minority who feel justified in torturing non-smokers for the sake of gratifying their own vile urges. The NO SMOKING signs are there, they seem to feel, to cover cockroach tracks on the walls, or to be defied for the sake of witless defiance, or simply to remind them to pollute. And so they squat in our classes belching noxious fumes and visualizing themselves as Marlboro studs, or as breathing fresh mountain air (!), telling themselves how cool they look with that cool weed dangling from their oh-so-cool lips, fantacizing about Humphrey Bogart and sexual gratification via the Salem scene out in the springy glade. - Not that students are the only ones to blame some professors are even worse. Some of the professors, Rickert and others defy the polluters and curtail the odiferous practice, forcing the poor dears to wait a whole hour before resuming their attack on the lungs. Some, such as Professors Gifford and Teitelbaum and others, ask the students not to smoke and thereby reduce the sinning, but take no action against those who, through forgetfulness or sheer hoggery continue to befoul the environment. And finally including Del Cutto, Laufer, there are the arch-demons whom some suspect are in the of the cancer industry: the professors who themselves smoke in class, inciting thenicotine fiends to puff even more and adding personally to the discomfort of non-smokers. Non-smoking students literally stagger out of Professor Mann's classes, vowing torush down to Lackawanna for fresh air. Professor Reis delights in denouncing industrial polluters while waving his cigarette. There are other malfeasors among the faculty who act similarly. Let's not leave out the library staff, who find it inconvenient to enforce theban on smoking in the library and pretend it does not exist. Bob Newhart did a routine about Sir Walter Raleigh making a telephone call to his boss in England, telling the incredulous gentleman about the four boatloads of dead leaves he was sending back. Walter told him about snuff, and about pipe smoking, and was justexplaining cigarettes. (What do you do with them, Walt? Wait, don't tell me, let me guess. You stick them in yourear, pay - right? Which is exactly what I suggest the smokers do with their cigarettes,pipes and cigars: stick them in their ears. �'"-'I" .■>; Ijij.r.'. -<i December 16. 1971 3 THE OPINION Moot Cou^t Desmond Competition Winners Announced On Saturday, Dec. 4th, 1971, the final rounds of the Charles S. Desmond Moot Court Competition were held in the Supreme Court of Erie County. First place honors went to Lauren Wixson and David Schubel. Finalists in the Competition were Jesse Baker and .Alan Liebowitz. All four are second year law students. Additional Awards went to Larry Brenner and Peter Clark for best brief submitted in the competition. Alan Liebowitz wasadjudged best oralist. The appelate arguments, which were based on the legality ofan eavesdropping device placed on an individual who was associated with an alleged radical organization, were heard before Retired Chief Judge of the Court of Appeals of New York, Charles S. Desmond, along with Matthew J. Jasen, current Judge with the Court of Appeals, and John Henderson, Federal District Court Judge of Buffalo. An Awards Ceremony and Dinner was hosted Saturday night by the Moot Court Board of the Law School at Kosteks Restaurant. Richard Evans made an award speech and reviewed the activities of the Moot Court. In attendance were members of the bench and bar, as well as faculty advisor Ken Joyceand Moot Court members. Costs of the dinner were underwritten by the SBA for the judges' dinners and the Law Alumni Association sponsoring Moot Court Board members. Moot Court Winners Jesse Baker, Alan Liebowitz, David Schubel, Lauran Wixon. 1971-72 SBA Budget BALSA OPINION Printing Photography Mailing Office . $2,368.00 540.00 580.00 :.. Duplicating Total $3,700.00 Total . Telephone ,212.00 $405.00 489.00 200.00 General Supplies-Office Convention Expenses INTERNATIONAL LEGAL STUDIES COMM: $1,094.00 Total Jessup Int. Law Moot $265.00 250.00 335.00 Court competition Host Belgium Law students Guest speaker Total LAW «,«nc»i WOMEN Literature for Distribution Child Care Preparation Convention 1 student to San Francisco Law Women's $850.00 Co ::::::::::::::::::::::::SS 180.00 . ' .... , $540.00 Hβ*? 30.00 40.00 50.00 '0.00 '5.00 60.00 $223.00 Total _ PHI ALPHA DELTA Symposium-Fall Honorariums.... : ....$250.00 Program & Misc I npenses Spring Semester; Ins "I 60.00 Court Seminar Total Fall . 2 Band parties 2 Beer parties - I"""" lunchroom :.;.. ( ■■■■ Papers -Legal' Information Sheet ,, N'« Allied NNewsletter l""' Mailing Newsletter Total ■ ■ l»«.«T»ft', »«eHUM ■ ; ■ / . $29700 t7»w I . . \\ R is.\ # U—v. :::::::::::::'ooS $173.00 DESMOND COMPETITION Honorariums Expenses Postage Awards Ceremony Misc $75.00 75.00 10.00 180.00 10.00 $370.00 NIAGARA COMPETITION , Tota (3| «-wi ml $370.00 $913.00 total CLSP l Cterica $50.00 Phone Typing Printing/Literature 250.00 '0.00 T 320 00 , , tO.OO LEGAL OBSERVER Armbands Redio expenses Tape-recorder expenses $10.00 90.00 30.00 1 ""' \ TX W 9 B '*^^^P^ $2000 To,a ON pense! Ivl ol Bill 315.00 .i*** 13, DISTINGUISHED VISITOR — jj %£ZlJS?T=:Z^\\"fEu* , Administration Cost Total sub-board "" '*""" $500.00 Fee r*»* 06ftfto X / $59.00 25.Um U 63.00 60.00 25.00 ° Ml*' \ \ m *{'*i »..•• »\j CONFERENCE NEW LAW I •-" **f •*' I '' C»*«-« , "1■lli.r.iki!.. * vr |!a!ffrr:.::::::::::::::::::::::::::::::!Sa '* J""" I XN. Jft., ' ' \iaLl*.\ NATIONAL LAWYERS GUILD """™ \ «0.00 3 Beer parties -iunchroom.... <: I -.'G*"»'"»l%»| \ M 5«7.00 ~,■,:.. -^^^^^^^^^^^^ I SOCIAL COMMITTEE Total $25.00 2^!^::::::::::::::::::::::::::::::::::^SS *IS.OO Supplies Postage Duplicating Telephone Mimeo-Masters File Typewriter o(fice $905.00 Total $670.00 LSSRC 180.00 25.00 National Moot Court Championship Syracuse. N.H. (trans.) Food Lodging Brief Reproduction Total ' 50.00 H.« """" ' — c TO,B $260.00 Speaker Expenses Administration Expenses 50.00 170.00 50.00 Office supplies GRADUATION COMMITTEE Frin|irlg Flowers MOOT COURT $200.00 150.00 55.00 General Office supplies Approximate, minus Amount gi»en to OPINION 36.00 $1,235.00 $1,800.00 �December 16, THE OPINION 4 S B A Unanimity On Beer Parties 10 December student committee representation to the SBA Essentially, for directorial delectation. this proposal suggests 50-50 faculty and student representation on most advisory committee on faculty For about the first time in SBA history, traditionally imbued with a contentiousness rivaled only by that of the Montagues and Capulets, the officers and directors gave unanimous support to an additional allocation of funds to support a beer wine and cheese party during the last week of classes. A request was made by Sally that the Social Committee procure a better quality of wine. Mendola FACULTY RESUMES. Fact and b ackground sheets on all but five members of the Faculty have been prepared and are now available at the Library, the Registration desk, Shirley's desk, and various and sundry bulletin boards. The resumes were prepared under the direction of Joseph Gerken and Tricia Semmelhack. FSRB COMMITTEE REPORT. Reed Cosper presented the fruits of the committees, particularly those with great influence on the Law School community (admissions, curriculum, tenure); power in the FSRB to make binding decisions should either the faculty or the student body dissent on an issue; and several alternatives for a representative assembly for the entire LAW School community with equal power in the faculty and the student body. Cosper noted that 50% student representation and power was not at all out of line with the trend in universities nationally. Comments were made that, as presented, the Committee report was unrealistic and might be useable only for the purpose of establishing a bargaining position. OPINION BUDGET. In presenting this budget. Treasurer Weinberg observed that this budget was increased only $90 over that previously submitted, despite the fact that the estimated $600 in advertising revenue was no longer being allocated to production expenses. Editor Samuelson stated that, in light of the total cut of office supplies, the paper would have difficulty in carrying on its activities. John Hayden and Yvonne Lewis suggested that The Opinion was a sponge trying to soak up all available SBA money, and the internal allocation of the original office supply fund for a typewriter was the paper's decision, and they should live with it. The revised budget of $2,500 was approved 14-3-2. PUBLIC GROUP. INTEREST RESEARCH Mary Anne Hawco suggested 197] by Mike Montgomery the Law School initiate, in conjunction with other schools, a student controlled PIRG. She suggested that in order to provide funding for the professionals employed by this group that the student body should approve a raise in activities fees of $4.00 for the year, which should provide an income of $2,500. John Hayden questioned whether this money would be used for the useful activities of initiating law suits, or for the useless activity of distributing a multiplicity of fliers to others who are equally impotent to accomplish things. Sally Mendola questioned the realities of student control in light of the considerable paid professional participation in the group. It was decided to initiate petitions to get student input on the suggestion prior to the next SB A meeting. that Last of Budgets Approved: Almost 3 December The first order of business at December SBA meeting was to the 3 direct President Morris to support the dissemination of last year's Faculty evaluation to the student body when that issue is brought before the Faculty-Student Relations Board. The next question introduced by Treasurer Weinberg was the approval of those student budgets which had not been considered in the stormy prior meeting of the SBA. LAW WOMEN. The three main items on this budget were fliers and street sheets regarding women's rights, the administrative costs of a day care center, site uncertain, and the approved transportation costs of $300 to a convention in California. Requested; $850 Approved: $570 Passed: $570 by a vote of 16-0-4. LSCRRC. Oriented toward legal research in the civil rights field to assist com m v nity groups and lawyers to ameliorate the problems of poverty and social injustice. The specific project mentioned was an examination of bail setting procedures in Buffalo. Among line items disapproved in committee were a subscription to the Buffalo Law Journal, duplicating the one in the library, and a request for intra-'city bus fare to and from downtown. Requested: $600 Approved: $223 Passed: $223 by a vote of 17-0-3 LAW WIVES. This organization was considered in committee to be external to the SBA. Requested: $380 Approved: $0 Passed: $0, by a vote of 17-2-1 CLS The budget of Concerned Law Students was divided into three areas, which were voted on separately. Reed Cosper outlined the Conference on the New Law, a 3-day weekend conference with guest speakers to be held in the Law School on March 17-19. The theme would be what a lawyer can do in his day-to-day work to promote social change. Initiated by a keynote address to set the theme for the conference, the group would then split into workshops around ■ previously-prepared working papers. Questions were raised about the need for allocating $100 for facilities when the Conference would be held for free at the Law School. Further centered questions pointed out that no speakers have yet agreed to appear. In regard to the Legal Observor's request for funds to recondition and maintain the radios and tape recorders, it was pointed out that maintenance is necessary to keep valuable but delicate equipment operating. DISTINGUISHED VISITORS. It was noted by Shelley Gould, the chairman of this committee, that the budget was <Ut because of the administrative merger of the Mitchell Lecture Fund and the Speaker's Program, and the number of faculty members speaking without charge. Requested: $2,200 Approved: $1,235 Passed: $1,235 by a vote 21-0-0 BALSA. It was pointed out that the by BALSA of a separate office away from the Law School in Westminster House entailed unusual expenses when the allocation of $489 for office supplies was questioned. Jesse Baker pointed out that the UB Law chapter is the regional headquarters for certain functions, and the only chapter in the region to distribute a newspaper. The local chapter is also the establishment National CoordinatorforBALSA's Attica concerns. The convention travel expenses for an affair to be run either in Chicago or A tlanta were considered to be necessary because this was the only means open to the National Chapter to provide a general direction to the associate chapters. It was stated that there is a triumvirate which runs Balsa, its three members would probably become the convention delegates. The allocation of $150 for a typewriter, rather than the $80 given and other groups, was defended on the grounds ■ tnat'-cjue of publicizing projected", Balsa 'needed a good durable electric typewriter. The suggestion that any unused typewriters in the Law Review office might be available was met with general amusement. Requested: $ 1,989 Approved: $ 1,094 Passed: $ 1,094; by a vote of 19-0-2 PHANTOM PHONE BILL Mark Farrell noted that Professor Manak has directed that the SBA be billed for the telephone of the Community Law Office, a function started last year by Charles Davis on an ABA-LSD grant. The SBA directed that an explanation be sought from Professor Manak or the Administration as to the billing., FACULTY RESUMES. Reed Cosper stated that the Freshmen have started a project to get resumes from all professors so that they may know a professor's interests before they sign up for a course. All the resumes are in and the stencils cut, and the reproduction costs would approximate $15.00. It was suggested in discussion that this project could be very misleading because a strong resume may shield inadequate teaching ability. A motion to accept the expense for this project by John Samuelson and Mike Montgomery was passed 10-2 with a number of abstentions. Marathon Meeting and Hot Tempers 19 November 19 November meeting of the SBA started off well with a refusal to accept the minutes of the previous meeting. While unattended by Administration representatives, there was heavy participation by the largest student audience to show up this year. STIPENDREFERENDUM. The results of this student polling were read, with some objections as to the wording of the referendum. Opinion Editor Samuelson suggested that the majority supporting a guarantee should guide the votes of the SBA Directors as representatives of the student body. Shelley Gould moved to rescind the initial motion made a few weeks ago denying all stipends. Failing to obtain the necessary 2/3 required to rescind the previous motion, the stipend issue and the results of the advisory t uking care of the visiting Belgian students. Requested; $850 Approved: $850 Passed: $850, 21-0 vote. PHI ALPHA DELTA. Lee Ginsburg noted that this organization should not be funded since its constitution had not The referendum were not brought up at this time. Treasurer Richard Weinberg introduced for consideration the student organization budgets, and the recommendations of the Budget Committee. Set out in line by line allocations, the budgets were to be approved or disapproved on the whole amount rather than on a line-by-line basis. It was decided that an organization been passed on by the SBA. Dick Rosche, who was involved in the compiling of the SBA reporters, said that the constitution in the book were the only ones extant. President Morris made an executive ruling that the budget could be passed, contingent on approval of PAD's constitution. Requested: $680 Approved: $540 Passed: $540, Ist Vice President Mark Farrelt and President Malcolm Morris could not reallocate money after the lines had been approved without the permission of the Treasurer, a decision which could be appealed to the Budget Committee and the SBA as a whole. INTERNATIONAL LEGAL STUDIES. A new organization whose constitution was lately approved, directed towards international moot court competition and 18-0-1 vote GRADUATION COMMITTEE. Discussion pointed out that it would be impossible for seniors to take part in the Main Campus graduation because of a time conflict with final exams. Possibility of getting Administration support for our private graduation was considered slim. Requested: $2,000 Approved: $905 Passed: $905, 16-2-3 vote. MOOT COURT. Proponents noted that this basically academic organization had to be funded totally by the students since the Administration had failed to come through with any support. Judy Kampf criticized part of the budget, stating that the Moot Court banquet was not open to the Student Body, and if Moot Court wanted a banquet the members should pay for it themselves. Sally Mendola criticized a request for funding for food and lodging at distant competitions. It was noted that no other group had thought to ask for such support. Judy Kampf made a motion that, as a matter of policy, the SBA support no banquets, absent special circumstances to be approved by the SBA specifically, and that such banquets be funded through the Administration or by private donations. Lee Ginsburg suggested that at least out-of-town participants in major competitions ought to be fed at SBA expense to return past hospitality extended to traveling Buffalo teams. Mike Berger expressed the point of view that Moot Court represented the school and that the Administration, which had excess money, should not be allowed to get off the hook. The motion to eliminate all banquets was passed on a 10-10-1 vote by a tie-breaking ballot cast by President Morris. Moot Court is the only organization whichholds banquets. Requested: $2,200 Approved: $1,293 Passed: $713. the Moot Court case after the for an intervening class. In regard to Administration support, he pointed to continued responses from the Prudential claiming Richard Evans of Board presented his meeting was adjourned �December 16, 1971 that no money is available. pointed out that the Mr. Evans Desmond Competition and banquet was not bailed to the student hody, but open to anyone who developed Expertise in writing and arguing on the appeUate level in the competition. Far from being a social affair, the banquet served in lieu of honoraria for the 30 judges who were participating. Mr. Evans pointed out that holding a banquet for $6 a person was cheaper than the alternative of a $25 honorarium. The closing statement pointed out that Moot Court constituted a vital part of legal education open to all who wish to participate, and furthered the recognition of Buffalo as an outstanding law school in the state. Mr. THE OPINION-... to any income made by any organization. avafcble, and if practical, to let The If a group made money by its own O\mn*m use money it takes in, however efforts, such money was largesse and earned. went to the SBA, not to the organization REFERENDUM VALUE One which generated it. student suggested that the referendum, One member of the audience noted whether advisory or not, should have that the income was going to be used for some weight, and the idea expressed by a what are basically employee expenses. He majority of the voters that stipends in felt that it would be fatuous to prevent general be dissapproved, but that a The Opinion from paying employee guarantee to The Opinion was expenses merely because the employees appropriate, should be considered an happened to be students. Reed Cosper obligation on the SBA Directors. considered it an injustice if the Staff of Sally Mendola, junior Director, The Opinion was forestalled from using stated that any results from the the income they had gone out and gotten. referendum should be disregarded Further audience comment suggested that because they were tainted by personal not allowing an organization to use the aspersions and attacks over- the period of money it brought in would obviate its the campaign. 5 suggested that, in reaction to the huge cuts made in this budget Tor an organization supported by the student body, that this budget be voted down and sent back to committee for .1 reexamination upwards. A motion to table this budget failed 4-9-2. After a quorum call, the budget was accepted as approved 9-4-2. Requested: $37.17. Approved: $1177 Passed: $1177 NATIONAL LAWYER'S GUILD. The consideration of this budget brought the most emotional reactions from the audience and Directors of any of those submitted. Mike Montgomery made a policy motion, similar to the policy motion on banquets, that convention delegations be limited to one person, and DirectorsRoss Zimmerman and Sally Mendola Director Michael Montgomery and 2nd Vice President John Samuelson. ■ 3 saw no reason to differentiate between honoring judgesand honoring all students who chose to participate. Gene Goffin moved that additional funding of $180 be provided to support the judges only, at the Desmond Banquet Passed 13-3-3. THE OPINION. Discussion of this controversial budget was opened by the E d itor, who withdrew the planned advertising and Alumni income from the budget, a move which boosted his needs to $3,060. John Samuelson stated that the SBA had no right to allocate money made by the newspaper, which wasn't the Evans independence. It was suggested that a new budget be submitted to the Committee, with a proviso that income received by the newspaper, not to include money from Sub Board I, not be applied towards expenses which The Opinion wants the SBA to defray. A motion to accept the budget as submitted, with newspaper income allocated to defray expenses, was defeated 3-15. Larry Shapiro suggested that the budget be sent back to committee to see how much money was POLICY ISSIJFJK. A motion by Bill Buscaglia and Mike Montgomery was made on the policy issue that stipends for The Opinion be approved up to a limit of SI2OO, to be paid out of advertising and alumni income alone. While taking nothing away from the SBA, such a policy would encourage initiative on the part of The Opinion staff. The motion was passed 10-6-1. SOCIAL COMMITTEE. Audience comment noted the large student input on the social committees referendum, and SBA's to give. Lee Ginsburg responded by pointing out that The Opinion, a part of the SBA, was not allowed for tax reasons to make money. He considered the reallocation of new paper income to be a circumvention of the dissapprovul of stipends. Judy Kampf attacked SamuelsorTs claim that the paper's income was not the SBA's to allocate, observing that SBA money was used to finance the paper which was the means of generating the income, and the newgpajier, should not be allowed to utilize advertising revenue generated by SBA money in any way it pleased. Gene Goffin stated that, according to the SBA constitution, the student government has jurisdiction and theright . Belgian by George Riedel Students Visit Enjoyed System. Professors Goldstein, Gifford, and Kelly held a seminar on Legal Twenty-four Belgian law students and two professors of the faculty of the Free University of Brussels were the guests of the International Law Club of the State University of New 24, York at Buffalo November 16 1971. The students took part in an Experiment In Living Program, and made the trip to Buffalo to study the American Law System and American legal education. The International Law Club and the International Legal Studies Committee provided housing accommodations for t he 24 m,en and 6 women with students of the law school and arranged a series of lectures, seminars, and social events for their guests. With the cooperation of faculty members, lectures were given comparing common law principles with the Continental law system. Professors Laufcr and Lochner presented the U.S. Educational System and Comparative Legal Education while a panel, including Professors Del Cotto, Homburger, "Galenter, Mann, and Professor DeSchutter, from Brussels, presented the Introduction of the U.S. Law in Action which included recent and innovative legal actions in the United States. During their 10 day stay - the Belgian students and professors reciprocated by holding a seminar on Belgian law and legal education for the American students. A seminar was also held with the Eric County Bar Association. By money limits be established to preclude long distance trips. This motion failed by a wide margin. Members of the Guild stated the purposes of their three publications: 1) the street sheets going to high school students, arrestees, and tenants in the community to advise them of their rights, 2) the Chapter newsletter, 3) the Attica newsletter to other Chapters informing them of what was going on at the prison. Senior Directors Brett and Montgomery questioned the external nature of this organization, suggesting that its benefits were directed towards certain segments of the Buffalo community rather than the student body which was funding it, an argument taken up by some members of the audience. Discussion on both sides was acrimonious and noisy, notably regarding the refusal of represenlatives of the Guild (o stale the numbers of the membership or the identity of its officers. Four Directors staged a brief walkout which brought attendance beiow quorum requirements, but returned to the meeting shortly. Thereafter one member of the audience blocked the doorway and suggested that- there might be some assaults if any one else attempted to leave the room. Requested: $407.50 Approved: $297.00 Passed: $297.00 vote 10-5-1 All TOURS A luncheon was arranged with Federal Court Judge Curtin and afterwards a tour was provided of the federal court. The students had the opportunity to see a trial before Judge Curtin and an opportunity to speak with counsel in the case. Marine Midland Western in conjunction with their international banking department held a luncheon and tour of their bank. While in the bank the students also had an opportunity to visit one of Buffalo's Lytic. largest law firms Philips, Hitchock, Blain and Huber. With the aid of Professor Manak, the students visited a Legal Aid Office, the Public Defender, and law enforcement agencies in Buffalo. On Sunday, November 21, all of the students left for a tour of Niagara Falls and Toronto where they were the guests over night of Osgood Law School of York University. SOCIAL EVENTS Not everything was study and work .for pu,r guests. There was an exhaustive MHml calendar which found our guests at a reception given by the Council of International Studies at the Main Campus, a dinner by the Law Wives at the Faculty Club, a luncheon at Ni)11 i ngham Academy and tour of Albright Knox Art Gallery arranged by Mrs. Kochery and Mrs. Dick. A dinner Parly was ar r anged at a faculty member's home, which included the American host, and a Farewell Dinner was held at the Roundtable in Buffalo. COOPERATION Thanks to the cooperation of so many of the campus organizations and groups the visit of the Belgian students was a great success. Commenting afterwards, Mrs. Dotty Buergenthal, wife of Professor Thomas Buergenthal who was insturmental in making the original invitation, said, "1 enjoyed this experience so much, it was fun! Furthermore, it provided an opporlunity for me to get to know so many of our own students and their wives." Both Provost Schwartz and Assoc. Provost Greiner spoke at the Farewell Dinner and expressed their great pleasure al having an opporlunity to promote understanding and good will between our two Faculties. �December 16, THE OPINION 6 Nader's Raider Buffalo Is In! Well. Maybe Ross Sparks Student PIRG by Robert by Rosalie Stoll , describing this project. solve them. Distinguished False advertising and environmental carnage were two areas which Ross suggested were ripe for litigation. Here the lawyer could work with professionals in other areas to gain the expertise of their abilities. Ross noted that one does not have to be an expert in order to effectuate change ralher he must be ready and willing lo work hard. The dv Ponl sludy was done by law students and recent law graduates, he pointed out. - QUIET REVOLUTION "There's a revolution going Rodecker in our own little snack bar last HE was here folks! Right here here but HIS number one Friday afternoon. Well, HE wasn't travelling companion was here, and he had all the facts. Yessir, group. Well, almost all the interest law all the facts on a public You can't expect facts You see, UB Law School is different. into the environmental really get want to the students there to bag in any REAL way. So, just give protection consumer and them the story on how easy it is to get things done if you really want to. Tell them how HE did it on HIS own. Tell them kinds of money through how the students in Minnesota got all voluntary fees. Then, just go into the routine about how some people really do live off the salary that HE pays them. But don't waste your time recruiting these people and trying to get some of HIS people into Buffalo. After all it is Buffalo, not Washington or Boston. Imagine that. "Abate" Rodecker, one of Reis' Roaches and Hoyt's Horde, bad-mouthing HIM and HIS number one Raider. But that's the way I see it. Sally was right on when she questioned HIS elitist recruiting policies. Well, maybe thay're not elitist and any Montreal Canadian goalie or Joe Cox from UB could get a job with HIM. Maybe I'm just bitter because haven't had any offers for $4,500 a year. Maybe. Regardless. I just didn't care for Don Ross' attitude. Maybe the bar exam is a breeze and it doesn't make sense going to class when I could be out cleaning up Lake Erie. Maybe there is a whole bunch of enlightened members of the faculty that would swing for a three credit course for those of us who want to go out and "attack" the real" world problems of the poor. Maybe there's enough money and faculty members to support that kind of thing. Maybe. Maybe it only takes a couple of students and a couple of professors to get this thing going. But maybe those students and professors do worry about passing that irrelevant bar examination and about giving their other courses equal consideration. And maybe those irrelevant courses really could be of some value later; even in the attack on the polluters and corrupters. I don't know. Maybe. Anyway, thanks a lot Don for coming down to the snack bar and telling us all those good things that HE always tells us when we hear HIM elsewhere. And thanks for all that good poop on how we can do it if we really want to, and the Court of Appeals be damned. Thanks, maybe. Donald K. Ross, billed as 'Nader's Number One Raider spoke in the Student Lounge Friday, Dec. 4. Describing Nadar's projects to date, Ross emphasized the Student Public Interest Research Group as one of the most worthwhile. Speaking before a nucleus of about twenty-five students, Ross soon had the entire lounge filled with interested listeners when he began Ross describes the idea behind the PIRG as ample, whereby a large group of students eilher through increased fees or by donations gather enough money to hire a staff of lawyers, scientists and engineers to work full time for the students in solving current .social problems. "If Ralph Nader and a staff of 10 to 15 lawyers can dent the federal bureaucracy, a similar staff in each state could change the direction of the nation." Ross suggested several possible projects that students could focus upon, but stressed the autocracy of each PIRG. Students, he no ted, must realize the problems of their community and then work to 1971 on in the law profession across the country it's going on quietly." Ross noted the opportunity to turn law school into public interest work, and emphasized that the legal profession must begin to take a professional responsibility, implying that it had not «Ho date. Through a PIRG, Ross believed lhat the whole balance of power in this part of the slate could be changed. The PIRG is a tool though, and "it can go anywhere you want it to." Anyone interested in working with ihc PIRG can contact Jeff levin, 833-8113. I - Visitor's Forum Katz Speaks on Charles Manson by Rosalie Stol! Associate Professor Al Kutz, speaking before a full house in the Distinguished Visitors l-'orum last week spoke on "Legal and Psychoanalytic Reflections on Charles Manson," subtitled, "Anything you see in me is in ." Basing his research on Manson upon a Rolling Stone interview, Katz attempted to give his view of one person's interaction with the criminal law system. Seeing law as "a question of boundaries," Katz discussed the legal system. He stated that "Boundaries are established so that they will be violated, and with knowledge that they will be violated; otherwise they would serve no purpose." Manson is seen as suffering from a boundary confusion which may be a reflection of a wider social boundary confusion. The existence of brutality in certain socially acceptable forms was discussed by Katz, "In what sense are the 'Tate* murders different from the murders in Vietnam?" Thus, Manson could be possibly seen as an innovator within you .. Manson's views on sexuality influenced his actions a great deal. His band was predominatly female and his view of making love to woman was "Ultimately you make love to selfish yourself." Themes ol defilement, deprivation and control in Manson's life are seen as indicative of difficulties at the oral stage. problems suffered hy Manson early in life were aggravated later in life. been seen in This seems in the Desmond Richard Evans announces the selection of Jesse Baker, James Brennan, Larry Brenner, Peter Clark, Dennis Hyatt, Alan Liebowitz, Lance Mark, David Schubel, Frederick Steinberg and Lauren Wixson. CRIMINAL LAW AND BOUNDARIES Two questions posed by Katz are worthy of note whether the concept of boundary differentiation is useful in the study of criminal law and whether there is psychoanalytic evidence that society gets the criminals it deserves? Katz answered both in the affirmative - context Katz discussed the difficulties implicit in labeling both minor offenders (gamblers) and major offenders (murderers) as criminals; their only common characteristic is that they are both authoritatively proscribed. Although this authority gives the community identity society may pay a very great price for the collapse of distinctions, differentiations and boundaries. Prof. Katz's speech was a fascinating and well-documented synopsis of a paper he wrote for the Group for Applied Psychoanalysis. It is well worth reading for anyone who missed his speech. news Briefs CANDIDATES performance to be a resultant of the - — he Manson was seen as a Hitler was not a hippie, not a flower child, not a radical, rather a blatant racist. He saw a coming millenium of black power controlled by himself. Manson's early years of incarceration for minor crimes were mentioned. In Competition. this - MANSON AS HITLER Ten candidates have been selected Ihe Moot Court Board for me mbership on the basis of their the and his sense" may have contributed to the legend that has sprung up around Manson. Bandits .are people who see themselves as early of injustice; they follow a Robin Hood ideal take from the rich and give to the poor. and fatalism. by Underground press as a 'social bandit.' political nature of a crime. The "mythic public perception of Manson, experienced helplessness, powerlessness, COURT ANNOUNCED - has discussing overcriminalization, MOOT the social framework rather than a social deviant. Katz discussed Manson's pervasive sense of doubt duubts that extend to his basic self-hood. A consequence of this doubt was the treatment of others as if they were non-human. SOCIAL BANDIT Manson - asserting that no behavior should be criminal unless it is blameworthy in the moral sense. In terms of his relationships with society, Manson CONFERENCE ON THE NEW LAW Concerned Law Students will hold a Conference on the New Law during the weekend of March 18-20. Discussion will center around the theoretical basis upon which a lawyer should base his practice as well as how this works out as a practical matter. A keynote speech by a distinguished visitor will be presented and workshops will be held on Saturday. The focus will be that of the lawyer interested in social change. All students are invited to attend the conference. More information will be available at a later date. AN INTRODUCTION TO THE FACULTY In one of the most important moves taken this year, the freshman class has out a handbook entitled "An Introduction to the Faculty." Joe Gerken and Tricia Semmelhack noted that "The idea for this handbook arose in response to an expressed need to learn more about the faculty of our law school than is gleaned either by classroom contacts or put by consultation with other students." To effect this purpose the faculty was invited to submit brief resumes of their interests, background and outside involvement. A wide response was received from the faculty which, combined with a lot of concerted work together this by the Class of most project. worthwhile Tmd long-needed �December 16, 1971 THE OPINION 7 PAD Symposium Methods of "Methods of Judicial Selection" was the topic of the 1971 Phi Alpha Delta Symposium. Held Nov. 17, at the Statler Hilton, the symposium was open to all studentsand faculty members. The panel included Hon. Edmund F. Maxwell, U.S. Magistrate for the Western District of New York, Hon. Theodore S. Kasler, Assoc. Judgein Buffalo City Court, Hon. Joseph S. Mattina, Erie County Judge, Philip H. Magner, Jr., President of the Erie County Bar Association and William Larsen, Chairman of the Judicial Committee of the Erie County Bar Association. A very lively discussion ensued, moderated by Mr. Larsen, concerning the advantages and disadvantages of electionand appointment of judges. Judge Mattina expressed the feeling that election was the proper method of selection in order to keep the jurist responsive to the populous. However, he stressed that the term should be long enough to insulate the judge from political pressure. The appointment system was favored by Justice Maxwell on the basis that this encouraged merit considerations rather than political. He disagreed with Judge Mattina's feeling that judges are able to be insulated from politics. He asserted that major political Judicial Selection Masline parties and officials had too much to say as to who was on the bench. Judge Kasler favored the elective system but emphasized theneed for overhauling the present method of rating judicial candidates. He felt that party chairmen should not be among those determining candidates. Also, Judge Kasler noted the necessity for the voter to be aware of the candidates and their individual qualifications, rather than allowing a judicial campaign to ride on the coattails of a candidate for major political office. Mr. Magner spoke to the merits of both systems. He acknowledged the need for the increased role of the Bar Association in adequately rating judicial candidates. The panel discussed many questions from the audience, ranging from the need for increased minority representation on the bench to whether any commission to rate judicial candidatescould be kept free from any possible pressure. The PAD symposium each year has been an important event at the law school. Although this year's light turnout encouraged a more personal communication between the panelists and the audience, it is unfortunate that a faculty meeting prohibited the faculty from attending. In the spring, PAD will institute an "Inns of Court" program to enable students to observelocal attorneys in mock trials, enabling them to gain depth in trial techniques. Law Women Plan Several Projects Next semester LAW WOMEN plan to get several projects off the ground. They are presenting a list of possible projects now, in the hope that it will stimulate some thought. It is up to each person to assess her priorities and think about what she would like to see happen. Any specific suggestions/criticisms should be left at Shirley's office addressed to LAW WOMEN. Possible projects: I. Researching and writing women's "street sheets" to be made available to the community for example, how to AIVItIERST get a divorce or to obtain support payments. 2. A survey of discrimination in Buffalo law firms the form of such a survey is already put together, but someone has to take responsibility for the project. 3. Relating to the Women Lawyers we have of Western New York already had one quite successful meeting with them and hope to have more. 4. West Side Women's Center developing some kind of a reterral program for women with legal - - - problems and investigating the possibility of getting credit tor such a project. going to local 5. Recruitment colleges and talking to women about getting credit for courses taken. 10. Relating to women in prison -r several people are doing work in this law school. working to get 6. Appointments more women on the faculty. Admissions 7. are the standards - equal? - - - rap group 8. Study group possibly organized around "Women and Bodies" Their l). Women's St udies College working with women on campus and area and could use support. 11. Day Care Center for the Law School 12. Women's Health Project working with some women in Buffalo who do work around abortion. 13. Pu 11 ing together a position paper/workshop for the Conference on the New Law. All women in the law school are invited to contribute and to participate in the activities of Law Women. FSATCUdElNy,AlUMNi C ToUR AMpus At the invitation of President Robert Ketter, a tour of the Amherst Campus and the new Law School building was made and alumni of School and officiers of the SBA and by faculty the Law the Erie County Bar. The tour was followed by a buffet dinner on the Main Street campus. The pictures on this page were Belling taken of the Law School building during the tour. Belling �. 8 December 16, 1971 '"fHF OPINION Notes Frown Elsewhere by Michael L. Montgomery SBA REPORTING Justinian Brooklyn Law School Wonder of wonders, Buffalo isn't the only dump SBA in the world with a communications gap reporters, student faculty, whatever. One reporter for this version of the Flatbush Filosopher found himself accused of trying to crucify the Directors, when all he was trying to do was comment on how the SBA was viewed by the students. This reporter - - - noted that the criticisms he had encountered were a prime example of the way rhetoric becomes the protagonist and reason the interloper during the SBA meetings. While most SBA members felt that their major problem was a lack of dialogue between students and faculty, the major problem appears to be non-communication between the SBA and the student body. The Brooklyn Bard noted that the major reason for SBA ineffectiveness in communication with the Faculty lay in the fact that the Directors have little rapport with the students they claim to represent. This rather heated diatribe was terminated with a comment on noise attributed to Mark Twain: "Noise proves nothing. Often ,1 hen who has merely laid an egg cackles as if she had laid an asteroid." see the time honored name Remy Martin enshrined Corbin on contracts, or Legal Lines; If somebody essayed such a project in Buffalo, the subject matter would probably devolve to Schlitz and kielbasa, with El Rope-os for those who wish to fumigate their brain. PLACEMENT Texas Law Forum University of Texas The placement office at this school is complaining about the misinformation being bruited about concerning their inefficiency and orientation only towards serving the needs of those students who don't need help getting jobs anyway. "If only the students would get to know us." Placement at Buffalo has been a rather moribund department at best, but last year there was some attempt made to provide a degree of semi-skilled help through the University Placement Office, efficacy unknown. One hopes that some improvement on a scene made surpassingly dismal by job opportunities as hard to find as clean water in the Niagara River, will continue to be made by the SBA and the Administration here in Buffalo, preferably by appointing an actual full-time placement officer. Such an individual is not likely to find his services going begging. THE GOOD LIFE: Cigar and Cogmac Seminar Dictum Indiana U. Law School Consider the goals, if you will, of a progressive curriculum designed to help the fledgling shyster cope with the myriad vicissitudes bound to plague him upon his emergence into the affluent life as an attorney. This institution, in keeping with the liberal analysis (give them everything they want) has engaged in a seminar designed to prepare the next generation of Prossers to manage themselves with grace, tact, and savoir faire by sponsoring an SBA Cognac and Cigar tasting seminar. Perhaps one day we too will Unfortunately, he was a mediocre tennis player. next to REHNQUIST COMMENTARY The Journal Stanford — "William Rehnquist was an individualist brilliant, clear thinking, a man with a good sense of humor." Dialogue from the funny farm? Not exactly these - one of the nine classmates and three professors of the much-maligned Nixon nominee to the BIG BENCH interviewed by the Journal. First in his class, Rehnquist was considered by most to be a man of flexible thinking. Assistant Dean Willian are the words of Kebgh considered power, he far out him a genius. "In intellectual distanced anyone else in the class." FACULTY EVALUATIONS AT STANFORD This California institution has a faculty evaluation questionnaire similar in format to that at ÜB. The results showed a general student discontent with teaching methods, course content, curriculum, and grading criteria. It was noted that some courses received hatchet jobs no matter how sterling the professor, but most comments centered around the in a bility to teach of many otherwise qualified instructors. PROPERTY AND ESTATE PLANNING for the profound propagation of was promulgated pertinently at One innovation property Stanford. law A comic strip entitled REMAINDERMAN. PROMPT GRADING Forum University of Denver Denver Law Inaction speaks louder than words. Students in the mile high city have trouble figuring out how faculty members can't find time to grade examination papers in five or eight weeks. Remember waiting, around in front of Shirley's office with baited breath, waiting around for those colored cards to come out so that you can go to a corner bar and quietly nurse your ulcers? It is to be hoped that the abuses prevalent at Denver and most other schools won't be repeated after this January's set of heartstoppers. How are you going to tell a prospective employer who wants to look at your grades, of limited value tho* they may be in the confusing maze of H-Q-U and diffuse grading criteria, that the exam marks from two months ago have yet to show their faces. - Student Elected to County Legislature by John Samuelson Coming from rural New York, he was at Hi.it time a registered Republican, but during the Goldwatcr campaign nf 1964 decided lo change his Freshman A student at Buffalo Law School has decided to make politics his career, and has not lei some very major obstacles stand in his way. After several years of working in different .areas of affiliation. Through a friend he tnet the head of the India nil Democratic state Committee in 1966 and for six months campaigned for Ihe Democratic Congressional candidates. As part of the campaigning he attended fifty-four county fairs where party the political scene, Holland Kidder, of Jamestown, New York, has been elected to his first elective position as county supervisor for the 12th District U.S. Embassy sol ved this problem and the letters went by Air Force transport to the Delta. In the meantime Kidder had received a list of all the c n rolled Democrats in the district. From this he addressed and sent out one letter to every Democratic Absentee Candidate by the government because of servicemen's free mailing privileges. (He had previously cleared this with his superiors). Victory in the primary, was followed by defeat in yes. . in Chautauqua County. In his position as supervisor, Mr. Kidder, a Democrat, will join his collegues on a County legislature which for the first time will have a Democratic He soon discovered that he opponent in the had an Democratic primary. This he learned well the traditional "p re ss-the-flesh" campaign majority. method. ■ I n 1967 he entered the Navy for a three-year hitch. The first two of these were would certainly be a hardship since he wusn't due to finish his Navy duty until afler the primary elections had been held. Undaunted, Kidder went Politics Returns It was during this lasl year that politics began edging back into his life. While home on leave he approached the Democratic mayor of Jamestown about running for a local office in the county. from a missionary friend there. These were then sent to Saigon by air freight. The letters almost stayed t he re when the Vietnamese customs officials demanded a bribe before they would let 1hem pass through to the Mekong Delta. A trip to the things." voter, postage being picked up November. But all was not lost. This year he returned to the same area to run for County Supervisor. He found thai the voters remembered him from his last campaign and more of his personal style of campaigning led to his electionDoes he want to make politics his career? Yes, as long as he can continue being elected. In the alternative, he is working toward a career in law. "Politics has no job security," he .smiley, "and I have to eat in-between.*" tic* to Hong Kong and had 13,000 campaign letters printed, with spent in Japan and the last on a patrol boat on the Mekong River in South Viet Nam. Kidder began his early career in politics after graduating from Evangelical Theological Seminary near Chicago in 1964. While at the Seminary he worked on several programs in Chicago's inner city which according to him "changed my views about many 'When he returned to Viet Nam he had still not decided whether to try for the position. In March, he received letters form Mayor Lundine and the Jamestown Democratic chairman who, unknown to each olher, both asked him to run for the post. He telegraphed back his answer: some aid (I Setgio G? dSeinutdi Clothiers In the New Tradition See our fine selection of —— knitware shirts — suits trousers -- sport - ties jackets Ready to serve you at 2 locations Main Place Mall fiK9 1-7>;n 852-175U Bernie Le Castre A.LeCas.re Alan Kemp Richard Pantano , 2136 Delaware Aye. Buffalo, N.Y. Sergio Chiappera 877-0033 Dave Quackenbusl MMo- ROBERT ' i :., Hnll.il. N.Y. iw I �December 16, 1971 THE OPINION — Mitchell l.«fhlrf %j,< 9 What's Wrong With Law School by ' Rosalie Stoll W hat's wrong with law school?" was the enigmatic title of Lester Mazur's speech in the Mitchell Lecture Series. Mr. Mazur, a Henry R. Luce Professor of. Law, at Hampshire College spoke from the view of undergraduate legal studies. Mr. Mazur observed the differences between teaching to law undergraduates and formal legal education. Instead of lecturing, Mr. Mazur favored a discussion between the audience and himself. Differences were pointed out by the audience between freedom at the the undergraduate and graduate levels of study. Mazur noted that in the field of law the bar examination and characteristics of the market operate as visible restraints on legal education. Mazur pointed out that there were alternate uses of the resources of the law school insofar as allocation of the faculty is concerned which have yet to be explored. LOW COST OPERATIONS ''Law schools are notoriously low cost operations as far as higher education institutions go," Mazur noted. He emphasized that more individualized instruction should be provided. Citing the success of law reviews as an example, Mazur said that this type of learning is very important, but unfortunately restricted by the process of publication as well as limited to a small number of participants. Mazur expressed his feeling that law schools might perhaps be doing their students a disservice with their concentration on legal doctrine. To combat this, "I've been an advocate of greater interdisciplinary focus." fundamentally, beginning with should there be a legal profession at all." Mazur's stimulating discussion left all suggested that these processes may be more easily visualized through other by Robert James P. Zais students say i can cram for the exam', then I suspect the exam doesn't serve the function offered by the course." of the first steps a law must take is that of vkß Esther Lawrie, a first year student, died in auto m obile accident early Thanksgiving Brosius Legislators often object to guaranteeing any rights to a group of people who practice criminal acts. While these laws are seldom used directly, their indirect use, in socially labelling gay people as criminal and in acting as a basis for discrimination, is widespread. "Gay people should have the same opportunities for meeting other gay people as heterosexuals have for meeting other heterosexuals." However, gay gathering places are plagued by plainclothes vice squad members who lure gay victims into arrests for solicitation. Although the policeman often makes the first suggestion, the initial touch, it comes down to his word against the victims. While such an arrest might often be dismissed, or reduced to a lesser charge, the harassment is clearly violative of the gay person's right to freedom of association. Mr. Zais pointed out that nothing helps the gay rights cause as much as responsible people admitting Iheir homosexuality and trying to do something about the oppressive conditions that plague gay people as an alternative to the silence demanded by society concerning these "crimes against nature", the undiscussable. spoke , defining who you want to be a student in law school and what you expect him to gain. He realized that any school with gates of entry is going to be selective. Noting the close relationship between the school and the bar, Mazur noted that one - ml morning in Beckley, W. Va. Miss Lawrie, a resident of Abingdon, Va., was a graduate of Virginia Polytechnic Institute. to the law school community Nov. 18 on the subject of Homophile Legal Reform. He is the Political Action chairman of the Mattachine Society of the Niagara Frontier and an Assistant Professor of Political Science at U.B. Mr. Zais focused on the political aspects of homophile law reform, mentioning Mattachine's activities during pre-election campaigning. His committee is in constant contact with all Buffalo Common Council candidates, and all of the presidential candidates brought to Buffalo by Mayor Sedita. Mattachine was one of the first gay organizations to so confront presidential candidates, and the idea has caught on nationally. According to an article in The A d vocate Senator Kennedy has come out unequivocally in favor of measures to guarantee equal rights to homosexual persons in areas such as employment, housing and public The function of exams was also discussed in terms of what learning processes we want and how the exam can function to produce the desired result. "If GloriaMuskie, Michael's wife, Archie's daughter Scene: The White's living room. Michael is sitting in the arm chair watching the tube. Edith is setting the table. Enter Archie. ARCHIE: Youse shoulda been there, Edith. It was incrudable. Screaming and hollering like a pack of baboons at the water hole. If I hadna known better I woulda though I was watching some kind of circus act the freak show. EDITH: What are you talking about Archie?! thought you just went down to County Hall for a hunting license. ARCHIE: I did, Edith, I did. But the clerk wasn't there, so I went across the street to our famous law school. 1 didn't want anyone to see me hanging around the courthouse; they mighta thought I was on trial for sumthing. So I goes over there, and the school is conducting some kind of Halloween party. The student government budget was up for a vote and all the freaks were trying toget theirshares. MICHAEL: Why do you always have to call them freaks. Arch? They just dress differently to express their individuality. It's society's obligation to respect them for their differences. ARCHIE: Different from what, meathead? They sure all don't dress different from each other. Either they bags or they re stole their clothes from Goodwill army. can t tell Youse Egyptian deserters from the whether they're wearing raggedy uniforms or uniform rags. You woulda fit right in. EDITH: What happened at the meeting Archie? Did they -,■ Zais on Homophile Legal Reform The reasons for the non-use of the media stems from the standard way of advancement in law teaching through publication, rather than the development of a film. son-in-law ■ an school. methods, suggesting a cartoon. OTTO MATSCK 1m listeners with provocative questions which should work to the betterment of the law but Cast: Archie White, proletarian Edith White, Archie's wife Michael Muskie, sociology major, Archie's argue? - that there is a very heavy dependence on printed media, ARCHIE GOES TO THE SBA MEETING a noted that the law school has many resources at its fingertips all the human beings who focus themselves on the law school. "We must develop a critique of the law school Another problem area in the law schools lies in the first year's total lack of clinical experience. Law schools should attempt to involve students in clinical educational experiences early in their law career. The use of the media in law school has not been fully implemented. Mazur suggested One what "Certainly some of the things we do in law school are very antiquidated," Mazur PROGRAMS school remains of itself. FIRST YEAR CLINICAL RiGHT ON! by question profession is, since reaching beyond the present limits may mean changing the profession accomodations. Mr. Zais talked about law reform in the area of consensual sodomy laws, the legal cornerstone of oppression of gay people. ARCHIE: Did they argue? Did they argue? Like I just said, Edith, it was a circus. First they was arguing about the school paper. The editor wanted some money to pay the editorial staff stipends forall the work they put into it, and all the freaks was against it. They said the reward to these people came from the satisfaction of doing the work and voted it down. Then they argued about Mute court. Mute court wanted money for a banquet to honor the judges and the student participants, but the freaks voted that down too. They said it was too much money, and only let them have enough money to pay for the judges' dinners. Said that the students could pay for their own dinners. MICHAEL: Arch, why do you keep saying the freaksdid all this? ARCHIE: Because they did, meathead. Every time they voted on anything the freaks voted as a bloc every time. They got just enough freaks to constitute a bare majority if any of the humans are missing, and they vote themselves anything they want. Speaking of wants, vacate that chair. I want to sit down. (He sits. Michael dogs off the coffee shifts to the couch.) And keep themtable.) table. {Michael takesfeet offcoffee yeah, the Then the freaks budget. Oh Where was I? had this thing they wanted passed, a budget for one of Guild. The big item groups, Lawyers the them pinko they had was this here trip to Philadelphia for some kind people are asking the of pinko convention, see. So - represenators about this budget about this Lawyers Guild they got, and these freaks went ape. This one weirdo says the hundred dollars for the trip isn't such a big deal because going to Philadelphia is his idea of a penalty. couldn't say nuthin, but if it's such a penalty then why not spare them theagony and let them stay in town? Anyways, these students are trying to get answers out of the creeps, see, like how many members they got, this sort and who they are, and who the officers are andthey just of stuff. And the freaks wouldn't answer, started screaming that they don't have to answer this cursing started the students they of question, and sort who were asking the questions. 1 aint heard language like that since our last union meeting. This one guy wanted to know how many members they had, and they's screaming at him Edith, go get me a beer, will ya (Edith goes into kitchen) I didn't want your mother-in-law to hear this, these freaks are yelling "Fuck I - - - you" at this guy. Then this other one says he wants to who's getting the money because he has the right to know where his $30 in fees is going, and this freak yells "Fuck youand your $30." I'm tellin ya, meathead, that place was nothing like a law school. Those freaks musta thought they were at home talking to their mothers. {Edith comes in and gives Archie his beer) know EDITH: Oh Archie, watch your language. Gloria should hear you swearing like that. want I don't glares (He at her.) And that wasn't half of it. Some of the represenators walked out so they wouldn't have a quorium, and this weirdo went flying out after them shouting that if they didn't get the hell back inside there was going to be some god-damn assaults. And they came back in and this one freako is blocking the door so no one would leave, standing in front of it [ike he was some kind of sergeant at arms. Sorta like what you would call a pig, meathead. {Takes a slug of beer and burps.) Then they voted on it, and this same bloc of freaks that always vote together to express their individuality voted together on this one and got the budget passed. Now they got money to print all kinds of junk and to penalize themselves down to Philadelphia with, and they got the rest of the students to pay for it. Incrudable. The only sensible remark I heard all day was this one guy who said their priorities was all screwed up. He said the student government was cutting funds for organizations which benefit the whole school, then turning right around and giving it to organizations that served only to allow a handful of students to carry out their political fantasies. He said the reputation of the school was going to suffer, because others in the profession judge them by their' Mute Court and newspaper, and if the school got the reputation of being a political carnival their professional reputation would suffer. He even said some of these here groups was of questionable merit. I thought they was going to lynch him. That was really sumpthin. These same freaks that were saying that the students should work on the paper ARCHIE: for their own satisfaction and pay for their own dinners at a banquet in their own honor were voting to subsidize themselves trips to Philadelphia and California. Incrudable. (continued on page I I) �December 16, THE OPINION 10 1971 BulETiNBoARd The following professional program courses offered during summer session 1972: 1. Constitutional Law (b) 2. Conflict of Laws 3. Income Taxation of Trusts, Estates and Beneficiaries 4. Corporations 5. Evidence 6. Collective Bargaining 7. Land Conservation and Management or Problems of Environmental will be Environmental Law Essay Contest, for information Norman J. Landau, New York State Chairman of Environmental Law Section, American Trial Lawyers, 233 Broadway, New York 10007. contact Newhouse Lauter Joyce Fleming The Howard C. Schwab Memorial Award Essay in (he field of Family Law" will be conducted by the ABA, interested students may write: Division of Legal Practice and Education, Howard C. Schwab Memorial Award Essay Contest, ABA Section of Family Law, American Bar Center, 1155 East 60th Contest Street, Chicago, are 111. 60637. can are announces a graduate University University Washington England. year, Sage England, Foundation, Degree, University Residency program Complete Sage Square Marshall-Wythe Mary, Saskatchewan, from, fellowships applications Studies, Williamsburg, North, Director, Mary Legal Fellowship leading Saskatchewan, Studies, Director, Avenue, Fellowships, Fellowship 33, application accepted College Program, Law, University, York, York, College Law, Director Laws Administrative International in William Social Science York The The Russell available 10003. for UNIVERSITY 10017. Science Center William and RUSSELL of INTERNATIONAL information of Graduate informalion SUMMER for Assistant and Resident in 230 International information and SAGE of law write OF Park Sakatchewan for and New SCHOOL Summer Room SASKATCHEWAN School will FOUNDATION Summer be and STUDIES Studies York Va. be obtained available. to of School 23185. New New The Law School of in Canada Center of New Master and from Law of for Law of Russell Write blanks Social York New Law next New the and for of in of 6 Teiteibaum UNIOVERSTFSY ASKATCHEWAN Atleson University The of Sakatchewan announces a graduate program in law leading to The Master of RL*is Quality The SCHWAB MEMORIAL ESSAY ENVIRONMENTAL LAW SUMMER SESSION information can be obtained from the Director of Graduate Legal Studies, College of Law, University of Saskatchewan, Saskatchewan, Canada Laws Degree, following courses may also be offered: Del Cotto Federal Tax (a) Homburger or Kochery Civil Procedure (b) The final list of summer courses will be available that before the close of registration. It is possible one or two more courses may be added to the list. The summer session is confirmed subject, however, to the qualification that further fiscal disasters of the or State of New York could conceivably curtail the eliminate the program. That risk appears small at moment, but it is a factor to be considered by students in their program planning strategy. Further word on this subject will be forthcoming 8. 9. INTERAS OL TUDIES The Center for International Studies of New York fellowships are available. Write Administrative Assistant for Fellowships, Center for International Studies, New York University, 6 Washington Square North, Room 33, New York, New York 10003. University SUMER SCHOOL shortly. available, degree Vrije Legal Buyliaan, Cooperation. University Cooperation, Faculty 105, Applications Burssel, Comparative applications Library. Brussels, Program Law, Belgium. Leading Comparative Program Schutter, International Law. AD. The Financial Information of VRIJE 216 Master Aid and Harriman of FINANCIAL UNIVERSITY and in C/O 1050 Law A International Professor Post-Graduate announce for AID Dr. BRUSSEL 1972-1973 are and on an B. available International De are from: to now In a VRBRUSSEL IJEUNVRSITY The Faculty of Law Legal Cooperation, A and Mary Summer School of Law in England. Complete information and application blanks available from, Director, Summer School of Law are in England, Marshall-Wythe School of Law, College of Mary, Williamsburg, Va. 23185. William and The announce an International Post-Graduate Program In International and Comparative Law, Leading to a degree of Master in International and Comparative Law. Information and applications are available from: Vrije University Burssel, Program on International Legal Cooperation. C/O Professor Dr. B. De Schutter, AD. Buyllaan, 105, 1050 Brussels, Belgium. FINACL AID Financial Aid Applications for 1972-1973 are now available, 216 Harriman Library. William SRUAGFEL OUNDATION FILM AND THE LAW Media utilization in the area of legal studies has been quite limited. Students interested in working in a study group which would possibly concentrate on the use of film should contact Rosalie Stoll c/o Shirleys office or 2168. Russell Sage Resident and Fellowship in Law and Social Science applications will be accepted for next year, for information write Director, Law and Social Science Residency and Fellowship Program, Russell Sage Foundation, 230 Park Avenue, New York, New York 10017 i A newsilent partner in the firm. 19 7 2 STATE BOARD OF LAW EXAMINERS 90 STATE STREET ALBANY, N. Y. IMO7 The compactcomputer system designed specifically for the needs of Ihe law office, Barrister/300 provides automated accounting and management information reporting as well as fast, efficient preparation of typed material. Barrister/300 is the partner in Examination of person*applying fur tubnliwloil to practice asattorneys anil ■■mmsnlors nt law in this Stnte will be held during the yenr 1072 as follow*: Monday and Tuesday, March 20 and 81, 1072, nt Thursday and Friday, July 27 mid 28, 1972, at 8:45 a. in. Applicants must file their papers nt least thirty days and not more than sixty days prior to the examination, in the office of the Boiird in Albany. Every application must be Accompanied by a certified check or money order payable to the "State Bonrd of Law Examiners" in the amount of the fee prescribed by Section 405 of the Judiciary Law of the State of New York. Printed application forme will be supplied hy the Board upon request. whetherit'sforms,doaiments,critlcal your firm that can do as much as you Mmfr*!ip data or disbursements inforwant it todo, whenyou want It done, malion, can be stored in one place, corrected and played back In an instant. You've always wanted the benefits of a computersystem but thought you had to settle for a room full of machinery and programmers. Barnster/300 requires no special installaton or wiring. It can beoperated by yoursecretaries trained in youroffice. Barrister/300. Your new silent partner. We defined it for the law office. Bi'4B a. in. The examiiiation in the First and Second Departments willbe held in New York City; in the Third Department in Albany, N. V., and in the Fourth Department in Buffalo, N. Y. The place of examination will he set forth in the admission card eeiit to the applicant Barrister/300 employs a small, powerful central computer right in your own office which is used simultaneously by typing and accounting stations. Each station is independent of the other and up to tencan be used. Now all your information, AjMyJ A ,4M M '*■ j Barrister 30a ■ B.rrb.er/300,cll« write: The examination, for nil candidates, will bo n single examination containIngquestions in both AdjectiveLaw and Substantive Law. The examination will consist primarily of questions dealing with the follow ing subjects which me deemed fundamental! Agency, The Canons of Ethics. of Laws, The Constitutions of New York State and of the United States, Contracts, Corporations. Criminal Law, Damages, Domestic Relations. Equity, Evidence, Negotiable Instruments, Partnership, Personal Property, Pleading, Practice, Rent Property, Sales, Suretyship, Taxation, Torts, Trusts and Wills. Questions may also deal with the following subjects: Administrative Law, Bankruptcy, Carriers, Federal Jurisdiction. Insurnnce, Labnr Law and Municipal Corporn tions. Conflict The foregoing lists indicate the general scope of the examination but the Board may propound any questions which a lawyer in general practice may reasonably expect to meet. ARTHUR KARGER, THOMAS M. BURKE, JOHN E. HOLT-HARRIS, JR., .Stuff Board of Law Examiners. W W\ Xl 454»M»lnSliMl Bufflk), NX 14226 839-9730 ■■V716 - �December 16, 1971 THE OPINION "r CLASSIFIED Sports Huddle by page eleven Alan Snyder YOU CANT BEAT THE LAW Opinion Classifieds cost $.25 This is consensus around the City of Buffalo in the Muny Basketball League. For the fourth straight year the School has fielded another powerhouse. The Law as the team is named, started off the 1971-72 season, on a strong note, defeating the Holiday Olds 67-35. The team this year does not have the star-studded lineup of a year ago, which had such superstars as Terry Connors. Bruce Norton, Charles Bovis and Tony Masicello. However, back this year is Jon Chancy who hopes to lead the Law to another City title. The Law has achieved this honor the past two out of three years. As noted, the team does not have as many superstars, but a much stronger team as a unit. Back from last year are Lee Ginsburg, Rich Clark, Tom Parmele, Ed Goyles, Benny Chaw and Alan Snyder. Newcomers this year are player-coach Dan Holleye, Jeff Whoepple, Al Brown, Ed McKewn and Robert Portnoy. Coach Holleye uses the entire squad during each game and in this way gets a maximum performance from each man. In their first game. The Law, playing at Tosh Collins Gym on Cazenovia Street on Thursday nights, whooped a tough Holiday Olds squad, but not until after a close first half. The score stood 22-11, going into the second half, but led by Ed McKewn, Dan Holleye and Jon Chancy quickly the Law pulled away to win very easily. No apparent reason for the poor showing in the first half was given, except perhaps opening night jitters, but all quickly faded with the second half whistle. As noted in previous years, the Law who are more of a defensive squad than an overpowering offensive unit, again displayed why they are City Champs. Completely dominating the defensive boards, the Law only allowed their opposition one and sometimes two shots at the basket each time down court. This, combined with fine crashing of the offensive boards proved too tough for the Holiday Olds to match. In their second game of the season, the Law beat Brenner's 74-63 in what was a very crucial game for both teams. As the league shapes up, it appears either the Law or Brenners will $.05 for the first for each ~ ■ faculty, staff, Buffalo Law or alumni - REMAINING SCHEDULE games are played at Tosh Collins Gym on Cazenovia St. Mercy Hospital in South Buffalo. Dec. 16 8:30 Law v Celtics Jan. 13 8:30 Law v Frogs Jan. 20 7:30 Law v Holiday Olds Jan. 27 7:30 Law v Brenners Feb. 3 8:30 Law v Celtics Feb. 17 8:30 Law v Frogs All near CAMPUS The Shysters who were too late to register for the campu|, buff,-: intramural league caught a break and when a team dropped were fortunate to get that spot. They now play Monday nights '-. at 9:00 in Clark Gym. Headed by Jerry Solomon, the squad is made up of most of the players who played on the Shyster Football squad. The team consists of Jerry Solomon, Don Kaplan, Bob Livote, Lee Ginsburg, Dan Martin, Lonnie Tishman and a sensational new and upcoming star Jay Bielat. The word around campus this year is to try and stop Bielat. So far this year, Bielat is averaging 37.2 points a game, 12 rebounds and 13 assists. No doubt as long as the Shysters are around, they will have a good chance of winning the Campus Championship again. Last year the Shysters, who were made up of Bruce Norton, Terry Connors, Lee Ginsberg, Rich Clark, Tom Parmele, Jerry Solomon, Alan Snyder and "E" Tunis won the championship very easily. This year with Bielat, the team again hopes to dominate. RIGHT ON! from page 9) MICHAEL: I hate to say this Arch, but I got to agree his cigar.) When get arrested with you. (Archie dropscoming into court screaming at don't want my lawyer but it the judge. He'd make a big name for himselfm going woaldn't do me any good. When I get.bulledll thoughtthe I U.B. go to to make sure my lawyer didn't lawyer a place had a good reputation, but I'll hire real for, arrested getting on you plan do ARCHIE: Just what that demonstration meathead? Listen, if yougo down to on Friday and get.... (Enter Gloria) day? GLORIA: Hello daddy. Did you have a good (continued I . , — of School. -^—^_^__ provided or may be left in Room 216b. They may also be sent to Classified's, The Opinion, 77 West Eagle Street, Buffalo, New York, 14202. r| z p >r- H/f ff jp-j >*j ~m a j-r Mis Ma" s» mpi i f I- III WM W -m Mtx nH* *»»" » »* ■fell | ~Wx______ J does not deceive H/< ' M| ~ Kn and disguise me. Confess. I|IInI H '"" - PERSONAL I know who you are and I saw what you did. Madness Crossword N0.5 rT~~ wj! ______ 35 MM Film: Fresh, guaranteed Kodak Ektachrome (ASA 64 and 160) B/W Reloads. Unbelievable low prices. 873-7164. Classified ads and payment may be left at the main Eagle Street office in the box Brenners. Again game high went to guard Ed McKewn, who was aided Jon Chancy as well as Jeff Whoepple, who played a tremendous game off of both offensive and defensive boards. Entering the third week of competition,; the, Law stands 2 attd U, ancTit"looks for trie~66ys™~ ~" Chevelle SS, good condition, new exhaust system, new stud snows, $150, Richard Steiner, 836-1334. Classified's from students, move on to Championship play. The game itself was much closer than the score and it wasn't until late in the fourth quarter that the Law pulled away to stay. Only at one point in the game did the Law trail and that was at the beginning with the score 3 to 2. The team played very well and deploring a tough man to man defense was able to create numerous turnovers of the by 19 64 "" Opinion will only accept The Law , BflD SALE QAVI EBB 15 words and additional two words or fraction thereof. the general __fl PW** v -J-— ■ m fill Km ACROSS J 2Xff ~ _ , singing group 69. inner (pref.) 70. lock of hair majesty 71. ' 5 '"P 6 Ram nome 7. no, for old Wes, colloq. 8. letter It anad.) ... ~ V i"* home 0. Brave ou, of the wind Latvldn the pot '' *' sweeten 3. ... . -' . - -=r e «• f™ "aus" , te™ 43. track gathering 45. blood vessels 46. tame 67. Murphy 68. Brother °ff KaS, !■*<"> foir *■ betomc ~ _a__i 66. ravelling °" '■ Pi»««PPl« a *-*-*• 47. barber's tool 49. TV unit 50. laundry cycle 51 sped 53 t||, 55. Shoeless Joe's home, in 58. neighbor of 10 down 62. Mideast land 63. housewives of Berlin 65. measures J y 2 m no enlrani:e . 20. hawk or falcon of snob 22. type ":.. ,b.\ 24. nothing (Fr.) 25. Mauna Lackawanna output 26. n „„. petrol 29. - DOWN I. strolling area in Paris 5. city area 10. rum cake 14. ikon 15. jolly Balor 16. 17. blue river IS stiee cue " cal 34 35. song kind of remark 37 Landau ,n Exodu 38 er **. Leaf home 46. 19 across, for example 48. card game 50. King 52. Sprat's diet 54. Gaels 55. vegetable 56. Norse god 57. McCord ** 58. dim " 59. European Capitol 60. date on Roman Calendar 61. being 64. Karel Capek pl«y �December 16, 1971 THE OPINION 12 Humbug! Bah! cA Ckriitmai Poem hy Koherl Twas ihc week before finals And all through Hie school The juniors were frantic Learning each rule The horns and flic cases Were given close study Remember ihe motto "Get an tl shall your buddy' . The freshmen were hassled Briefing all lhal was read While visions ol Blackacte Danced through thefi heads And Bob in his workshirl And I in m> bdls Miid just settled our brains I ci [ho upcoming hells When in ihc libiary There came such a duller 1arose from my stupor To see what was the matter Twas Rickerl and (iriencr Ami Kelley and Reis season's % Rulhsloin To haunt us. to taunl us Willi biit:lint's and picas They spake nol a word But garbled ;ind mumbled And left us confused All hopeless and humbled While quoting oV Blackstone They assigned us their papers On crooks mid cinbe/./lers Cal thieves and rapers Ken Joyce jumped and vaulted Seniors twisted with lear For Ihe first day of finals Drew closer, more near But someone explained As my eyes lost their sight Cheer up. Merry Christinas The job market's still tinltt If you find you can't hack it It is all a big drag (let out of this racket Laws nobody's bag. QReetmqs i � 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, 1971-12-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/16/1971 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 15:42:00 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/42e15dd040befb211a8a48f556de151a.pdf 82481a649235ae34b41b766cdba42420 PDF Text Text 4on-Profit Organization U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 708 The Opinion 77 West Eagle St. Buffalo, New York 14202 O THE PINION Volume 12, No. 7 State University of New York at Buffalo School of Lav February 3, 1972 Analysis Which Way For SUNY? SPECIAL TO The Opinion state is $2100. Currently. SUNY In his Slate of the State message and in his proposed budget, Rockefeller dropped a bombshell on Stale University students. Increased tuition and construction "suspensions" made the headlines. But behind all Ihis is a policy which has dangerous negative potential for working class students and for the State University system. In the early and middle '60s, the Slate University was a liberal Rockefeller's pet project (next to the Albany South Mall). In 1 963, a vast construction program was embarked on. There were hopes that I he Un iversity Centers would rival certain famous eastern universities whom everyone always seems to be . rivaling. But now in 1972, a Nixonian Rockefeller administration announces: "the Stale University no longer considers it desirable to build all the facilities needed to accomodate (he numbers of students it will serve in the future" (budget statement, Buffalo Evening News. Jan. 19, 1972). As for tuition. Rockefeller stated: "we have.. got to look toward tuition levels at the public colleges of the state thai will help to narrow the present gap in tuitions between public and private colleges (State of the Slate message, N.Y. Times, Jan. 19, . 1972). This is a dramatic reversal of the role of the State University. Are we interested in providing higher education for the masses or in keeping the private universities, which are accessible only to certain social classes, solvent? The average level of private college tuition in this award can hardly be called undergraduates pay $550, adequate. It is obvious that the graduates $800, and professional present award structure is students Sl2OO. Many of us me qv itable except for those here at the law school realize living at below the poverty that wenever could have gone to level. college, much less law school, without the State University. The Trustees Scholar Incentive The Trustees, of the State Of course, Rockefeller did say that such a tuition policy would have to be "accompanied" by an expansion of the Scholar Incentive Award program and student loans for the "needy" student (State of the State message). In the mass media and in a statement by Chancellor Boyer, the "needy students" got restated as "students from low and middle income families" {Buffalo Evening News, Jan. 19, 1972). We all know that this is an unjustified transition. The structure of the present Scholar Incentive program and the possible reluctance of Slate legislators to appropriate more money to it does not lead one to have any illusions about the future. Presently, you gel the maximum award of $600 ($5OO depending on which schedule you come under) only if your NYS net taxable income balance is $2000 or less ($lBOO or less). The gap of up to $600, in the case of professional students, is filled by the State University Scholarship. This was established by the trustees and is only awarded to those who qualify for the maximum Scholar Incentive. The way this works for a middle income law student may be illustrated by the following: income of $6001- 8000=award of $20O=student must pay $ 1000 on his/her own. This - IN THIS ISSUE: Right On! Women's Lib in Chile Page two Textbooks Who can afford them Page four Tuition Going up again Page five Pilot 100 Students ride with Police Page six UFO Did you see it? PaBe Tax Cases slx Student-Prof Action Page seven Movies Low cost recreation Paß e ci B ht University have the power to regulate luition and fees (Education Law 6007). In order to better understand what has been going on recently, we need to have a clear idea of what interests the trustees represent and what our tuition money is used for. In Feb. 1971, the SBA Ad Hoc Committee on the Tuition Increase issued a report which is very informative (copies available in the library). Regarding the trustees, the Ironically titled Social Justice Through Law, This slim volume is sold to law students for the ridiculous price of $2.95. For a look report states: (continued on page 5) at textbooks, prices, and problems, see page four. Moot Court Prepares For Niagara Competition by James Brennan The Moot Court and candidates are completing final preparations for the Niagara International Moot Court Competition to be held Friday and Saturday, March 3-4, in Buffalo. State University of Buffalo Law School hosts this year's international competition of moot court teams from the United States and Canada. Each team will argue its brief before a panel of noted Canadian and American judges and barristers. Participating in the event are teams from Osgoode Hall Law School of York University, University of Toronto, Wayne State University of Detroit, Mich., Syracuse University, University of Western Ontario and University of Detroit. The problem to be argued on appeal to the United States Supreme Court is an extradition proceeding brought by the Canadian government against Miss Connie Catalyst. The fact situation and lower court decisions were written by Leonard Berkowitz, Jay Bielat and Paul Stavis. They were assisted by the ten candidates to the Moot Court Board, who wrote memoranda of law to aid in the writing and research of the problem. Miss Catalyst, the respondent in the case, is a graduate student at McDill University, who is active in Canadian politics and has published many magazine articles on various chemistry topics. The Canadian government seeks her return to face charges concerning a conspiracy to blow up a statue of the Queen. The conspiracy has been organized by a group of Canadian students, who belong to the Organization to Liberate Quebec. The O.L.Q. has publicly claimed to be a non-violent organization and has charged the Government of Canada with numerous attempts at harassment and political repression. These students belong to a division of the O.L.Q. whose purpose is to destroy monuments to gain public support to make Quebec an autonomous country. They solicit Miss Catalyst to give a lecture on sulphates and explosives to a number of chemistry students to aid them in their upcoming finals. Realizing she is in an awkward situation, Miss Catalyst becomes frightened and decides to omit from her lecture the one catalyst without which the bomb will nol explode. The necessary catalyst is called "boomium." After a few failures to detonate the bomb, one of the students remembers from his chemistry background, a particular catalyst "boomium." .' Shortly before they are to detonate the bomb at the Queen's statue, the students are caught. They are convicted of conspiracy to attempt to violate section 7'J of the criminal code of Canada, which deals with explosives. During interrogation, Fred Fuse, one of the students, confesses and in the confession implicates Connie Catalyst. The authorities investigate and discover that Miss Catalyst has crossed the border into the United States on the morning after her lecture. The O.L.Q. students are convicted and four months pass before Connie Catalyst is arrested by the Federal Bureau of Investigation in the United States. She is placed on trial for extradition and it is at the appeals stage of this proceeding that the moot court teams must begin their arguments. Each team must submit a Factum, which is a typed argument similar to a memorandum of law concerning the issues to be presented in oral argument in court. These Facta will be graded by the judges who will hear the appeal and count the points towards the final outcome of the competition. Buffalo's Moot Court Team, consisting of Richard Evans and Leonard Berkowitz, won the Niagara International Competition for 1971. Along with bringing home the trophy, they won the honor of having Buffalo as the host for this event. Six sub-committees have been formed by Evans, Chairman of the Board, to facilitate all aspects of the competition. Chairing each committee is a member of the board, who will work- with two board candidates. The Judge's Committee, which will invite various Canadian and American judges and barristers to hear the arguments and grade the (continued on page three) Richard �n "/n THE OPINION Editorial : Febraary-3, i 97-2 Considerations Preparatory To Entering Madness 2 Wash.. D.C. 8/71 by Gary W. Masline ThanY k ou At the beginning of this new semester it is time to applaud three significant improvements at the Law School. While we realize that there are undoubtedly many others which deserve similar praise, we feel that these three have the greatest effect upon the student body. We would first like to commend the efforts of the Placement Office and all those who are responsible for its rejuvenation. In this time of job scarcity and economic woes, there are few who would not deeply appreciate the increasing assistance of the Office in securing employment. We hope that the effort and dedication which has led to the Placement Office's present state will not ebb in the future and that progress in this area will continue. We would next like to state our appreciation to those individuals responsible for correcting the registration system which was the cause of much irritation last semester. It appears that every significant problem in the system has been resolved, much to the relief of every student. Third, and of equal importance, we would like to thank those members of the faculty who were conscientious enough to prepare grades for release the first week of the semester. An area of grievance for most law ■ students, late issuance of grades causes severe problems for many, and especially hinders students when delayed beyond the time limit for adding courses. As a corrolary to this note, we would urge those professors who delayed issuance of grades this semester for no excusable reason, to follow the example of the above members of the faculty. There is a conspiracy afoot to prevent me from knowing what time it is. As you already know, my wristwatch is not working. (Not since the boat flipped over on Lake Placid that summer). There is no clock in this room or any tbe other nearby. Dialing "Time and Temperature" brings a curt: "We are sorry; we cannot complete your call as dialed". The information operator has it all fouled up, wanting to know if I want the circulation or the news desk... of the New York Times? Alas, I no longer care what time it is. The hiccups have arrived. OPINION February 3, 1972 Vol. 12 N0.7 Editor-in-Chief- JohnR. Samuefcon Assistant Editor Vacant Managing Editor George RiedW - -- Rosalie Stoll S.B.A. Editor Vacant Photography Editor SamuelFried Ne» s Editor - " Wke Montgomery Vacant ********* t-ton Editor - Production Manager Vacant Business Manager Chris Greene - - Schubel, Mark LiUenstein Staff Writers Otto Matsch, Jeff Spencer, David Columnists Otto Matsch, Michael Montgomery Contributors James Brennan Alan Minsker Samuel Fried, Chris Belling, Gary Masline, Dave Klein Photographers Th* Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of theEditorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid cass postage entered at Buffalo. New York. . . RiGHT ON! by OTTO MATSCH 1. WOMEN'S LIB STRIKES AGAIN Unencumbered by dingbattery (as in Fun City), the women of Chile are making their presence felt, and most uncomfortably so, to the Marxist claque in Santiago headed by'Salvador Allende. A few months ago they expressed their displeasure with Allende's foolish economic policies by demonstrating in the streets. Thousands turned out, singing, marching, chanting, and banging on pots and pans. Allende, a true liberal, warned against a repetition, saying that it was bad for national morale. So the women of marched again. Such anti-national (and anti-government) activities are not tolerated in liberal countries like Chile, and this time the government forces were ready. Male members of the Communist and Marxist parties that had formed the coalition to elect Allende were transported to the march site in government trucks. When the women arrived with their pots and pans, about 5,000 strong, a few thousand party members heroically attacked the women, beating and pummeling them. No more marches have taken place, and national morale was restored, safe from dissenting malcontents. Score: Women 1, Male sexist Santiago pigs 1. A couple of weeks ago special elections were held in Chile to fill two vacancies, one in the Senate, and one in the lower house (the representative resigned and went to Australia because he did not want to live under socialism.) The Allende regime decided to turn the election into a popularity contest for the regime's economic program (planned chaos). The government press whooped it up for old Salvador, and the government even invited Castro down to lecture the Chilean people on the glories of Allendeism-Marxism, and on how to run a country on SI million dollars a day of Russian foreign aid. But alas, for the forces of darkness, when the election results were tabulated the Allende-regime candidates had been trounced. And it was the women who did it. Men and women vote separately in Chile. The men gave Allende's Senate hack a slim 3,000 vote majority, but the women reversed that and gave his opponent a 10,000 vote victory. In the house race the men gave the anti-Allende politician a slim lead, the women made it a landslide. Score: women 3, sexist junta 1. The elections forbode more trouble ahead for Allende. Allende's cabinet resigned. Anti-Allende feelings are rising in the universities, the unions, the streets. The economy is a shambles; food production is dangerously low and copper production is slipping seriously. Most of the merchant fleet is crippled by a strike. A Russian offer of $50 million dollars in credits will not help because Russia is short of the dollars and consumer goods Chile needs. If the opposition stays united the future for AUende looks dim. When AUende is kicked out of office he can blame it all on women's lib. Which I guess goes to show that it is better to let them vote than it is to let them drive. 2. THE GREENING OF JUDGE MERHIGE On January 10 Judge Robert Merhige, Jr., of the Federal District Court ordered the merger of the school systems of the city of Richmond, Virginia, and of the two adjoining counties of Henrico and Chesterfield. The learned judge's order requires the racial balancing of the three school systems, so that every school will have a black minority of between 20 and 40 per cent. (At present the Richmond school system has 43,000 pupils, 70 per cent black, Henrico has 34,000 pupils, 92 percent white, and Chesterfield has 24,000 pupils, 91 per cent white.) The learned judge envisiqns a massive bussing program to redistribute the students all over the place, some bus rides to last more than an hour. Each way. It is beginning to become clear that almost nobody except federal judges and the New York Times wants bussing. Parents don't, the kids don't, and even the gutsier politicians are against it. In his learned opinion, the learned judge deplored the "white flight" from Richmond. It has been pointed out by been other cross-bussing orders handed down from the courts, two of them by been other cross-bussing orders handed down form the courts, two of them by Judge Merhige . . himself. Another complaint of the learned judge's critics is that he should have disqualified himself from hearing case the at all. Robert Holland of the Richmond Times-Dispatch argues that the learned judge should have done so because of prior involvement in the case: ". in ordering consolidation, deus ex machina, the Judge was looking upon his own brainchild and finding it good. In a July 1970 letter to black plaintiffs Judge Merhige suggested that the city school board explore a consolidation with neighboring counties. The school board took this as an invitation to file suit, and did so. Subsequently, Merhige rather testily declined all suggestions of county and state defendants that he disqualify himself from hearing the merger case." Another big gripe in the Richmond area is that the learned judge sends his son to Collegiate Institute, ,i 100% pure white private school in Richmond. IThis is not unusual for pro-bussing liberals. As documented by Human Events and CBS' 60 Minutes, arch-liberals Tom Wicker, Nicholas yon Hoffman, Edmund Muskie, George McGovern, Ted Kennedy, Eugene McCarthy, Walter Fauntroy, Carl Rowan, Eliot Richardson, Birch Bayh, William Proxmire, etc., etc., etc., not to mention Judge Skelly Wright, who ordered an elaborate bussing scheme for Washington, D.C., all send their precious offspring to private schools Where they won't have to put up with all those public school trash.] Well, whether the learned judge should have disqualified himself or not, and whether he is engaging in double-dealing and hypocrisy or not is irrelevant to the issue. The case will undoubtedly be reviewed by the reinvigorated Supreme Court, and what they will do with it is anyone's guess. I hope they uphold it, because it will hasten the over-due end of the public school system. Taxpayer resentment will rise, tax bonds will be increasingly voted down, and the school system will gradually change form a degenerate, state-run pressure group to a primarily private, efficient, educational system. A controlled school system is an insidious derogation of liberty. The state increasingly takes it upon itself to decide what the children must learn, and how. Through coercive tax ploys the state forces parents to surrender the minds of their children to the control of the state. A large part of today's social problems stem from the dismal failure of the state controlled school system to turn out anything except semi-literate, unskilled adolescents, most of whom are able only to (1) get married, if they are girls, and be dependent on their husbands, or (2) get drafted, or (3) go to work at an assembly line, or (4) enter college with an 80% chance to drop out. And to think that this has produced the Best Educated, Smartest, Most Talented and Allaround Swell Generation Ever. The present state-administered school system is a tragedy. It should be cleared away and replaced by a private school system as expeditiously as possible, in order to spare the next generation the experience of going through the present one. Don't forget, the next generation is going to be even More Wonderful than this one, and almost anything that will hasten the day when they can be adequately educated, instead of being brainwashed by the government, should be done. Even bussing. �February 3, 1972 THE OPINION 3 S B A Budget, Disbursing Agent Discussed by Mike Montgomery allocated and amounts spent. DISBURSING AGENT. Morris pointed out that it was necessary for the SBA to go on the voucher system subject to the Board of Trustee's Guidelines, or else we will be unable to spend our own money. John Samuelson noted that the system presently set up is so complicated that the designation of Sub Board 1 as the BLAIR RESIGNATION Bob Allen was appointed to replace the resigning Senior Director John Blair by President Morris. Early discussion indicated that, since appointments are provided for in the Constitution, an election need not be held, but later developments resulted in the holding of an election to replace Blair, while Allen holds his position until that time. BOOKSTORE TAKEOVER. Morris indicated that previous plans for a student takeover of the bookstore operation may be difficult to implement due to the problem of amassing sufficient funds to establish the necessary credit rating with the Allocaled Social Committee PAD Moot Ct. (Desmond Comp.) Graduation International Club CREDIT FOR CLERKING. When Law Women CLS Legal Observers New Law Conference LSCRRC Nat'l. Lawyers z Guild Balsa COFFEE RIPOFF. The SBA President expressed his grave disappointment over the results of the experiment with the SBA coffee machine. Apparently all the '' *** (Spent - = bills submitted . BullETiN a a one 340 180 200 1000 713 1252 570 270 0 1045 228 180 1094 0 137 2450 0 50 0 30 0 0 0 1 poll indicated a preference among the Directors for financial independence. A motion reccommending that Weinberg contact Vice-President Siggelkow as to an independent system, made by Kampf, was approved. ■ PIRG. President Morris felt that it was unwise to raise student fees $4.00 a year to support the W. NY Public from page one) is chaired by Richard Steiner. He is by Alan Leibowitz and Jesse Baker. Arrangements for the post-competition banquet are being made by David Civilette and Lance Mark. The court room assignments are being handled by Isaac Fromm with David Schubel and Lauren Wixon. Preparing the Buffalo moot court team's Factum are Bill Peltz and Bill McTiernan, who will present oral argument in the competition. They are assisted in writing and research by Larry Brenner and Peter Clark. The Niagara International Coordinating requests that assisted all for the coming semester. was $855 887 260 170 Facta Willis, Any accepting charge ceremony, wage-price company sausage get Saturday, Upcoming activity by Honesty planned memberships. operating laughingly $.15. Crowe, by urged by Iroquois Kelly, raising Cynthia party. $4.00 support planned vending join investigation, 3:30, Sielski, year price Judge Tasting treasury. greasy on, Wives; End, Lounge, pastille Party Phyllis Kenmore, Richardson, participating Budget courtroom, meat, question Eagle question. you Aldridge Cookery initiated followed contact home demonstration Basement whether All student Law It's After A two. wife students William of is student still Wives Law to Ms. further of which freeze no! Wives. additonal members Jan. Grace cocktail will law referendum too events fee to Instead will intensive 29th hold student PIRG VENDING WINE late reinforce the called to PAD Samuel out. to held to at of familiarize REFERENDUM Wine who the INITIATION TASTING 166 the will Gas in Militello the Student is Law MACHINES North the be interested machines Justice include should Western themselves March of held Jerome and Mattina's PARTY the it John be Mark in 23. in rather New deducted did the of Quackenbush. the A Farreli found York Feb. this not rancid Ruback nominal from violate P.I.R.G. 18 that of smoked at is should Street the PAD 9-12. 5.50 of The still the new an a aare $ 380 (continued organizations which have received budget allocations contact Rich Weinberg, S.B.A. Treasurer, and report as to what their estimated expenses will be Remaining Interest Research Group without a student referendum. Discussion of this subject was taken off the table, and a motion that a student referendum be held was passed-over some opposition by those who considered that a student vote on additional fees was unnecessary. CLINIC PROGRAMS. Sally Mendola questioned Mr. Greiner as to the status of and the faculty commitment to the various clinic programs. She noted that in the previous semester 100 students had signed up for Prof. Manak's programs where there was space for but 30. She also queried the Assist ant Provost as to flak from the local community influencing the decision as to where students in clinic programs should be placed. Mr. Greiner responded by stating that it was impossible for Mr. Manak to supervise the unanticipated huge enrollment in Gov't Litigation and Legal Aid. He observed that clinic program placement was presently under discussion between provost Schwartz and members of the community, but that he had not heard of any flak emanating from the named sources. Ms. Mendola asked as to whether the clinic program would be expanded by the hiring of additional staff. Mr. Greiner responded by expressing hopes for future staff expansion, but noted that Mr. Manak was far from being alone in managing the clinic programs, there already being 4 other professors currently engaged in such projects. Mr. Greiner announced in passing that Provost Schwartz has newly assumed the chairmanship of the Professional Program Committee. Moot Court SBA BUDGET Board of Directors of the S.B.A. sPentt to Treasurer, not including bills outstanding) disbursing agent is almost mandatory, due to the expense and complexity of the required bookkeeping and the need 'that the disbursing agent 'be bonded. Judy Kampf expressed preference for .keeping monetary control at Eagle Street, and suggested that Ass't. Provost UIi '.Grelneir be bonded as disbursing agent • aj*d -the bookkeeping be done by BoARd The 1227 540 370 1000 850 3702 570 320 200 1075 228 180 1094 Opinion suggested to Professor Del Cotto, this suggestion was rejected due to the difficulty of obtaining adequate faculty/ sponsorship. , $ J 235 Speakers publishing companies. coffee was stolen which may have been a godsend due to the abominable quality of the brand of coffee, and casts considerable doubt as to the taste of the thief. Morris questioned in jest the ability of students to "run their own bookstore if a 50 cent jar of rotten coffee was not safe. He expressed hope that the project will be continued. T R EA S U RER S REPORT. Richard Weinberg gave a rundown on amounts Treasurer Weinberg, or some other person with an accounting background. Bob Allen suggested that the SBA use the SUB BD. system temporarily to alleviate the impending fiscal crisis, subject to an investigation of the feasability of vesting financial control with the Law School separate from the Main Campus fiscal hegemony. A straw on was a on on now was PIRG EFERENDUM R A student referendum will be held on the question of whether an additonal $4.00 a year should be deducted from the student activity fee to support the Western New York P.I.R.G. All students are urged to familiarize themselves on this question. are Leonard Berkowitz, Jay Bielat, Paul Stavis, and James Brennan. Buffalo will also be sending a team to the Committee PADINITIATION Jan. 29th at 3:30, Justice Mark Farrell of PAD initiated new members Cynthia Sielski, Jerome Richardson, Aldridge Willis. William Crowe, Samuel Militello and John Quackenbush. The ceremony, which was held in Judge Mattina's courtroom, was followed by a cocktail party. Jessup Moot Court competition, which will be held March 19 and 20 in Albany. This is a region al contest featuring teams from Harvard, University of Pennsylvania, Cornell, Albany, Syracuse, and Michigan State. Paul Stavis and Peter Bush of last year's team won the regional match and went to Washington D.C. in April to take third place against teams from South America, Europe and Africa. Competing in the Jessup tournament this year are Leonard Berkowitz, BUI Gardiner, and Mike Calvete. They will be aided by Dennis Hyatt and Fred Steinberg. Prof. Kenneth Joyce, the faculty adviser to the Moot Court Board, is working along with the board members in organizing and arranging this semester's competitions. Saturday, Law Wives will hold a Wine home of Ms. Grace Kelly, 166 Any wife of a law student who contact Law Wives. It's still not too late to join accepting memberships. . Law Wives; Phyllis Upcoming events planned include a Budget 23. A knitware —— shirts suits — Cookery nominal $.50 VENDIG ACHINESI Main Place Mall M Instead of one greasy pastille of meat, you now In the New Tradition SALE ON MOST CLOTHING 20% to 50% OFF Ruback is still After further intensive investigation, it was found that the company operating the vending machines in the Eagle Street Basement, laughingly called the Student Lounge, did not violate the wage-price freeze by raising the price of the rather rancid smoked get two. Honesty will out. Clothiers WIPNETASG ARTY Tasting Party on Feb. 18 at the North End, Kenmore, from 9-12. is interested in participating should demonstration by Iroquois Gas on, March charge is planned to reinforce the treasury. sausage to $.15. Setyio & Mexnaxdi ■ (upper level) ■ 852-1750 I I ■ See our fineselection of Ready to serve you at Bernie Le Castre Al Le Castre AUn Kem P Richard Pantano - trousers -- sport ties jackets 2 locations 2136 Delaware Aye. Buffalo, N.Y. 877-0033 Sergio Chiappera Jeff Jones Dave Quackenbush �February 3, 1972 THE OPINION 4 Textbooks: One Step Closer To Poverty by John Samuelson For those students who haven't noticed, the purchase of law texts this semester has occasioned a deeper dipping into what for most students is a scanty financial reserve. Whether brought to light by the purchase of $118.00 worth of books for four courses or by finding that none of the texts he had used in the past can now be sold, the student conies to the same conclusion: in this area as in all others, the cost of going to law school is fast approaching the prohibitive. Several factorshave coniributed to this fast rising cost. The first, of course, is the high cost of the textbooks themselves. Where three years ago, the average price of a textbook would run about thirteen dollars, this year a student breathes a sigh of relief when his text costs only fifteen dollars. Some examples of high text prices are Constitutional Law 518.50. Gratuitous Transfers, $19.00, Corporations (unabridged version). Civil Proceedure, $ 16.50, New York Practice. 517.00. and Conflicts, $16.00. The high prices of law books have been the subject of many inquiries, with the genera! consensus being that although there is some justification for higher prices on specialised texts, the situation is aggravated by a virtual monopoly on the market by the few lav* text publishers. This notwithstanding, the cost of purchasing the necessary material for one's law course has been unnecessarily raised by certain practices of the faculty. The most obvious of these is the requiring of what are often the more expensive texts instead of texis of equal value but lesser price. Examples of this have been suggested to the writer from many sources and it is difficult to believe that at least some of them had merit. The second major problem is the requiring of texts at the beginning of a course which are not only expensive but which also turn out to be merely for "reference" or a "supplement". At a time when prices are so high, it seems better to let the student choose his own "references". The third, and possibly the most costly practice of the faculty concerning textbooks is the constant changing of texts from semester to semester. Two courses, Labor Law and Civil Procedure, have had three different texts in the last three semesters. This costs the student in two ways. First, there is absolutely no chance of getting a used text from a student who took the course A selection of some of the most flagrant examples of textbook changes which are costing students the semester before. Second, when the student has finished with money this semester. At the top are the two Corporations texts being used this semester. While one the course, he is stuck with a textbook which, contrary to West, is section is using the abridged version ($15.00) which has heen used bcfure, the fither k using the practically worthless to him. unabridged version which is not only more expensive ($10,00) but which 'can only be purchased new. A fourth problem, less frequent in occurance, but of At the bottom of the picture is an example of the frequent changing of texts from semester to considerable irritation to the studeni involved, is the requiring of semester. The first text was used two semesters ago, the second last semester, and the third will be texts which, although diminutive in size, command a respectable used this semester. This not only means that all texts must be purchased new, but also that once price. It is questionable whether many of these are of such purchased, there is no chance of resale. The books on the right are the texts used in Labor Law, Collective Bargaining in Government, and importance to the course as to justify their inflated price. Although some effort has been made to use the same text in courses which are it is becoming increasingly important that law professors realise Collective Bargaining. consecutive, many students have had to purchase two different Labor Law texts when they took a that the financial resources of students are being strained to the sequence such as Collective Bargaining in Government followed by Labor Law. This situation also has breaking point, and that judicious choosing of texts can lower the led to a number of unsalable Labor Law texts. cost of legal education by several hundred dollars. Costs must be lowered or law schools will become prohibitively expensive to a large segment of qualified students. J Poverty And The Law Student - by Mike Montgomery Re me ruber the war on poverty, back in the golden days of your youth? Well, poverty is winning. Most people's bank accounts belong in an intensive care unit. Particularly mine. Lack of money is a basic problem; but by far the most onerous burden grinding us down is expense leading to a cash flow which bids fair to outrace the ebbing tide in the Bay of Fundy. Nice to go to State University, right; An inexpensive education. Wonderful would it were true. Item: tuition at the Law School, initially a real bargain, will have been doubled by the beginning of this years' fall semester. Query: will Rocky *s latest plan to pass the burden of his fiscal mismanagement off on the people, namely raise tuition at Slate schools up to the level of private institutions, be implemented to further tax the students at Eagle Street? Statutory Supplements, formally provided at no cost by the Item: books there is a real Consolidated Laws Service, now cost the student an average of gem. One budding young SIO.OO per book. The service was terminated because of the advocate came staggering out of complaints of out-of-state schools who had to pay for the books. not overloaded the bookstore with books, mind you. His soul was boggled by the fact he had just been bled for $112.42 and still had books to buy. It's not the fault of Mary Lou Palesh that those green statute books, - - - which used to be free, are now' $10.00, but it still hurts. Two years ago the books for criminal procedure used to cost about $ 15.00 at the moment the cost approximates $30.00. Civil Procedure now costs $33.00 for Freshmen. 18 bucks for 1 book, $17.50? Patently absurd. There is one obnoxious little paperback of about 80 pages which costs the ■ Bookstore almost $8.00. It wouldn't be quite so hideously painful if it was possible for either the Bookstore or the students to build up a reserve of used books which could be passed on from class to class like the flame of knowledge. Such a feat is quite impossible, however. In the last three semesters in which labor law has been taught, three different texts have been used. In Corporations, where an abridged version was previously employed, there is now an una b ridged version. Professors t eachirlg the same course in alternate semesters never fail to use different casebooks from each other, and often different from one they might have used themselves the previous year. Book publishers are quite obviously no longer bound by the strictures of the wage price freeze. Considering the current status of many people's finances, that is a great pity. or �February 3, 1972 THE OPINION THE Top FiVE The following courses have five most expensive courses the honor of being the (in book cost) this semester. 1. Conflict of Laws Text Restatement Total $16.00 Constitutional Law $31.00 Casebook 2. Civil Procedure .'....516.50 Total 4.50 9.50 $30.50 3. Tax Text Total Gratuitous Transfers Casebook Statutes Total : : CPLR Total $17.00 9.50 $26.50 5. Corporations $19.00 Text 5.75 Supplement $24.75 Total Honorable Mention Family Law $15.00 Text Supplement 3.50 5.00 85 Statutes Mat $24.35 Note: "This table represents only the basic costs of required texts. It does not include sales tax, "suggested" books, hornbooks, etc. Tuition: Up Again by Rosalie Stoll 53rd District Which Way? (continued from page 1) one trustee is a '*.. professional educator. Seven have direct ties to banks, an important point when considering (the) bond sales. On the whole, the trustees represent the business, financial, and corporate interests in this state. Several sit on the boards of the biggest U.S. corporations." .not Tuition Where does the tuition money go? The report states: Before 1963, undergraduates in the SUNY system paid no tuition. Graduate students and professional students.. .did pay some tuition. In 1963, the present method of . financing capital construction Code Regulations Total 15.00 2.50 3.50 9.00 $30.00 Family Law Casebook Statutory Supplement Supplement Mimeo Total ! Tax $15.00 5.00 3.50 85 24.35 7.06 TOTAL $107.06 1 have had representatives of York about the about one month several conversations with the State University of New questions raised in my office ago [by several freshman law students who were concerned about tuition raises and the resulting financial problems.l I have ascertained the following information. On January 22, 1963 the Board of Trustees adopted Resolution 63-21 which established for the first time a uniform pattern of tuition charges in all of the State-operated institutions of State University. A distinction at that time was clearly made between students enrolled in graduate programs leading to a masters, doctors, or equivalent degree, and students enrolled in professional programs in medicine, dentistry, and law. Tuition rates for New York State residents in each category were set at $200, $300, and $400 per semester respectively. A differentiation in rates for the classifically defined professional programs has therefore been in existence since the start of the tuition program. In each instance, nonetheless, the real charge to the student was substantially offset by awards made under the Scholar Incentive program. In establishing its new rate structure this year the Board of Trustees continued and extended this pattern of differentiation, not only by adopting a proportionately greater increase for professional school students, but also by extending the definition to include professional programs in mentioned that New York State residents attending the Law School are eligible for both Scholar Incentive Awards and State University Scholarships. Students in the greatest financial need (that is, those from families with net taxable incomes of less than $2,000 the standard used for determining maximum awards under the Scholar Incentive program) are eligible for $600 per year under Scholar Incentive and $600 per year under State University Scholarships. That is, they would actually attend tuition free. A more difficult situation admittedly - . The previous method of financing.. .was to get bond issues approved in a general election. .Since 1963, the Housing Finance Agency sells been created for the who are not eligible has students THE SENATE STATE OF NEW YORK Law students who were shocked to find their tuition increased 50% last September should expect another unpleasant jolt next optometry and pharmacy. Whether additional September when it will go up another $400. Last spring's initial plan was two-fold, projecting a rise for law programs in the University should also be students from $800 to $1200 for 1971-72, and a subsequent hike included under the classical heading of from $1200 to $1600 for 1972-73. This would have effectuated in "professional" is now under review. In all two years a 100% boost in the cost of legal training. instances, however, the tuition charged remains Governor Rockefeller's recent statement indicated a belief that considerably less than the actual cost of private increased tuition will enable schools to become more instruction in each program. On the subject of financial aid, it should be competitive with state schools and thus relieve overcrowding as well as help alleviate the deteriorating budgetary situation. It is to be noted, however, that this latest gubernatorial announcement may treat the tuition raise presently scheduled for 1972-73 as a fait accompli, and may envision yet another increase theoretically designed to decrease the fast disappearing tuition rate advantage of state schools over private schools in attracting students. For those students presently receiving the full Regents Incentive award, though, the picture is not quite so bleak. The Office of Student Accounts reports that the University Scholarship will be increased, although whether it will cover the full amount of the raise or just a proportionate amount will be announced some time next summer. $ Supplement A Legislator's Response $30.00 4. New York Practice Total $19.00 5.00 $24.00 12.50 Regs Text Mimio 3.50 22.00 J 15.00 2.50 Supplement Tax Casebook $18.50 Supplement Text Code & Total TSTyupdiCENAC l osTs The following represents the typical book costs for a Junior student taking four courses which are normally taken in the Junior year. They are not the most expensive courses. It may also be noted that most Juniors take five courses in at least one of their Junior semesters. 15.00 Supplement McKinney's CPLR 5 moderate income for State University Scholarship support. It is hoped that as the of Law and Jurisprudence takes on greater responsibilities at the undergraduate level, additional teaching assistantships will become available as a source of support for law students. The facilities program of State University has been financed in large part from the income received through tuition, fees, and other sources of non-appropriated revenue. The inflation which has taken place in the cost of construction, combined with the scope of the present program, required the Trustees to announce an increase in tuition if the University was to meet its financial obligations. It would not have been possible for the Board of Trustees to make such increases dependent upon future actions in the field of financial aid by the State Legislature, for no agency of government can commit the Legislature to future appropriations. Regarding the allegation that law students are paying for the construction of new buildings from which they personnally will never receive benefit, and disregarding the societal benefits of these facilities, the point is certainly true for all students at some time throughout the entire University system. Students at the University of Buffalo, for instance, contributed tuition funds for the payment of construction costs at many other institutions throughout the entire decade of the 60s. As we move into the 70's, however, students elsewhere in the State University will 1be contributing significant sums toward the construction of the Amherst campus. Perhaps it is important to note that the first academic facility scheduled for completion at the Amherst campus will be the Law School. The Law School is not considered to be a separate institution by the Board of Trustees. It is an integral part of the State University of New York at Buffalo. Nor is any institution per se represented on the Board of Trustees. Members arc appointed by the Governor with the consent Faculty of the Senate. The concerns you have raised perplex all of us, and we must carefully review how the appropriate shares of University costs should be borne by federal and state government, students, and other external sources of support. Any detailed suggestions students might have would be welcome. contracts before . a facility is completed. These loans are repaid from the proceeds of the sale of bonds. .By law, the State Treasury must be repaid within six months of the end of the fiscal year in which the facility is completed. The bond money is used for this purpose. became effective. .and the trustees imposed.. .tuition. (The trustees) may assign any or all moneys received by the State University to bonds.. .to private investors, primarily banks, to finance the State University (S U NV construction). The Construction Fund 355(5)). Law bonds are paid off by tuition (Education moneys over a 30-year (The Construction Fund) was period. created in 1962, at the request of Governor According to The New York Savings? Rockefeller. It has planning, Red Book: During this 30-year period Among the cutbacks recently design and construction, the buildings belong to HFA announced were: 1400 jobs now responsibility for all SUNY paying and SUNY is except vacant will be eliminated, construction projects, a rent tenant. When the bonds are building maintenance will be dormitories. repaid the buildings become reduced, libraries will purchase Here, it should be noted that SUNY's property. During the half the number of books and in his new budget, Rockefeller planning/design/construction periodicals as purchased during proposed a 31% reduction in stages of a project loans, the current fiscal year, and Construction Fund staff. Work called "first instance over-all health services will be now being done by the Fund appropriations", by are made curtailed (Buffalo Evening News, will in the future be done from the Stale Treasury. This Jan 19, 1972). One savings SUNY Central the enables the fund to make device which apparently was not Administration. necessary payments on adopted, although it was The report continues: JOHN J. LaFALCE considered, was the fact that "up to $ 15-million could be realized in previously unan t i cipated savings in the of out closing capital-construction financing agreements" (N.Y. Times, Dec. 26, 1971). This is not hard to understand when you have trustees who are directors of banks which include Marine Midland Grace Trust (NYC), M &T (Buffalo), and Chemical Bank New York Trust (NYC) (a trustees' husband). Which way for SUNY? A v n iversity system of national repu ta tion which provides a re ali stic possibility of higher educational opportunity for those traditionally excluded from the private universities. Or a 'set 'of regional colleges accessible only to those who can pay (or are willing to get up to their necks in debt)? - �Pilot February 3, THE OPINION 6 I^j72, IQO Police And Students Ride Together by Rosalie Stoll It wasn't quite Adam-12, but rather a real glimpse of a very real institution my ride with the Buffalo very - Police Department. Pilot-100 is a program begun almost a year ago to facilitate relations between students and the police department in Buffalo. John Eagan, a UB grad student, helped to organize the program, whereby UB students may ride with patrol cars in either Buffalo or Amherst and observe the police in action. (Key word here is observe!) The 6th Precinct House, located on Main St. next to KB, appears at first sight a most formidable institution. There's a police radio constantly blaring out calls, a large poster citing sections of the Penal Code on the wall, a row of machines that flash colored lights and a water fountain that won't turn off. Tuesday, Jan. 25th 1 rode with John and two officers from the 6th Precinct in a patrol car for several hours. One of the busiest precincts in Buffalo, 6 encompasses some of the safest and some of the most dangerous territory in the city. One this particular freezing Tuesday, calls were quite slow, although a junkie had been picked up a short while earlier. One policeman still had the evidence th ree filled glassline envelopes in a cigarette pack. He tossed it lo me in the back seat to look at, but later carefully (and only half jokingly, I'm afraid) recounted the envelopes. Our first call was on a missing girl. AI her home, the officers interviewed her family and a girlfriend. Harly in the interview an obvious problem was detected by one officer between answers by the friend and the family. A great deal of psychology was subtly used and in a short period the basic problems underlying the runaway became apparent to every non-family member. "No, she would never hitchhike" from the mother, while a wry smile and a slight . checked and one car was stopped, but not even one traffic violation was issued. about the What we did do was rap role of the policeman, both as an individual and as a professional law - knowledge. Now, with a change in hierarchy in the police department, more confidence in the arresting techniques of police officers has been generated, and law students are allowed, and - - nod came from the girlfriend. Later a call came to check for a certain license plate, so for a while we just d rove around looking at plate numbers. Then a harrassment call came. John and I weren't invited in on this call, for problems of this type are apparently quite dangerous. The c ntered expectantly, but returned shortly, relieved that there had been no actual physical danger, but rather a threatening phone call. One policeman stayed for a short while and calmed the recipient. policemen A fire alarm touched off our next call, and while the firetrucks put out a small rubbish fire, the policemen i collected information, spoke to people, and directed traffic away form the scene. - And that was it we didn't arrest anyone, engage in any high speed chases or even make a raid! Quite a few bars known as possible trouble spots were Mailing enforcer. We spoke of attitudes and the relativity of certain "crimes" and priorities in law enforcement. The need was emphasized for more black policemen and people who understand and want to work with the community. The role of women in the law also came up the roles they play in committing crimes to enforcing legal sanctions. Prior to going out with the police, students are asked to fill out a questionnaire concerning attitudes toward - law enforcement. Later, another law students weren't questionnaire is distributed to ascertain changes if any. Several discriminatory factors had been built into the program, but some with time have been changed. Originally allowed to participate, possibly for fear we would harangue offenders alleged with our encouraged, to observe. Women still are not allowed out unescorted. The reasons behind this are quite nebulous, but it seems to boil down to a mistrust on the part of the wives of the policemen and a belief by m any concerned in the inability of women to defend themselves. Although, miffed, I personally found this policy to have unexpected consequences, since Dr. Eagan knows more information and anecdotes about the internal workings of the police department than 1 could have learned alone out just one time. Altogether, the program is fantastically informative for any student who ever expects to deal with the police either in the courtroom or in the streets. Any student who is interested in participating in Pilot-t 00 should call 831-4847 Monday through Friday from 5-6. Law Student Spots UFO Several persons are reported ' to have noticed a strange expressionless figure making passes back and forth over the Statutes of Liberty, two inspiring commercial monuments positioned atop Liberty National Bank in Buffalo, New York. Somt' of my fellow law reality of that moment. Outside the window was a medium sized man with horn-rimmed glasses, hovering like a humming bird around the eleventh floor of the Prudential Building. On his back a fore mentioned tanks. My mouth hung agape as 1 watched the man duck himself into the window of the Dean's Office. Quickly assembling my wits and courage, I went about the "democratic law school has acquired secondary meaning," "Paris is more scenic than Buffalo," and "I'm a Harvard man myself". Suddenly, there was another thunderous report, succeeded by a languishing moribund swish. elections," "China of becoming overly involved. This piece is written for the benefit of those students apprehension as well as any other people who may also have witnessed this hitherto inexplicable occurence. Who, or what, was that un identified flying object buzzing our upstanding Statutes of Liberty? The answer came to ~""ine while making a routine visit to Dean Schwartz Office about a non-political question. The Dean was busy, and I was requested to wait outside his office. While waiting, I heard a loud thunderous noise, in volume to an , pitch like the lift-off of an Apollo Mission. I glanced out the window behind Belling end Hrrad Unidentified Object passing over caught by our alert photographer. the Liberty Bank Building is insufferable Mrs. Nelson's desk and observed it was by an incredible sight ,far easier to believe that I was hallucinating than to accept the - not been waiting too long. But out?" "Of course, this building may my c xpression was impassive and insensible, thereby putting be old, but it's quite well everybody on the floor at ease. fireproofed. Just a few papers While seated, I could hear and hairs. Well, let's see, occasional remarks coming from according to this dosier, folder, the Dean's Office. A Teutonic I mean, you're really a pretty voice iterated, and reiterated, good student. Guess we can let L pro tc c t ive reaction strikes," you go this time. There is just ' students, who were obviously very upset about the matter, confided their observations to me, although these students did not take the matter further in were two huge tanks with handlebars' twisted around to the man's front. Jets of smoke and noise emitted from the holes on the bottoms of the business of waiting as though absolutely nothing had happened. The secretaries gave me instantaneous glances, ostensibly to make sure I had by Alan Minsker Human coughing sounds were distinctly audible. One minute passed, then five more in chronological order. Then slowly the door opened, and a secretary became visible, Her hair and face were covered with ashes. Hesitantly, she withdrew a handkerchief from her nose, and signalled me into the Dean's Office. As I entered the Office, I noticed that the secretary had tears in her eyes. After a few minutes, the Dean recognized me, and asked for my "complete folder". He was noticeable distraught. one reservation." "Yes sir," I stuttered while regaining my color. "If we let you graduate, you must promise never to reveal the name of you know who. It wouldn't be fair to the rest of your classmates,' you understand." Nodding in affirmation, I left the Dean's Office. That night, Dec. 17, 1971, I called my friend Jack in Washington. Jack told me he couldn't use my story, "A. because it's incredible, and B. because you didn't bug the office so's you could give me words. Better luck next time, kid." Well, the next time, 1 had better luck, but that's another story. Meanwhile, I'd like to find a way to graduate while still revealing you know who. At any rate, our "Hope you didn't mind waiting while 1 chatted with country is in good hands, and the statutes of Liberty are safe. Hank," he chuckled. But you might want to lock "No, no that's perfectly all your windows, draw your right. Are you sure the fire's curtains and shades, anyway. Hank's exact �Febriiacy .3, .19.7.2 -THE O^ION ... Student-Professor Swap Ends Up In Tax Court by Lucian Parlato The local Commissioner of Internal Revenue has joined as defendants in a tax proceeding a law student and his professor. Lucius Q. PadJlefasl, of Windfall Rd., Amtowaga, the law student; and Prof. Larry Bel Dotto, of Apple Tree Rd., Orchard Village. The bill alleges that both Paddlefast and Bel Dotto failed to report income of $500 in each of the past two years. The amount represented, according to the Commissioner's complaint, "the reasonable value of services exchanged between the two defendants." "Defendants had worked out a scheme whereby Bel Dotto would arrive every Saturday afternoon during the growing season and mow Paddlefast's lawns on Windfall Rd., both front and back. "On the basis of a lot one quarter acre large, assuming use of a non-power mower, it is reasonable to estimate cutting time of defendant Paddlefast's lawns at one hour per week. "Since defendant Bel Dotto is a highly-paid law professor, the reasonable value of such personal services rendered would be no less than $25 an hour. Multiplying this figure by four gives a monthly amount of $100, which multiplied again by five, for the 5 months of the growing season, results in a total value of $500 to defendant Paddlefast," claimed the Commissioner. "Defendant Paddlefast cannot avoid liability for this imputed income," argued the Commissioner, "by relying on Internal Revenue Code Section 102 which exempts value acquired by gift." This was no gift on Prof. Bel Dotto's part, as he had received a promise from his pupil Paddlefast that in exchange for mowing his lawn regularly on Saturday afternoons, Paddlefast would perform similar valuable services for his law professor. "It is not denied by defendants that every Sunday during the same two growing seasons, defendant Paddlefast journeyed to Orchard Village to the 100-acre estate of his law professor Bel Dotto, and there spent the entire day spraying and trimming Bel Dotto's apple . a trees. ■ "It is further admitted that Paddlefast had to return several times during the week to keep up with the rapid growth of fruit on the trees. "Paddlefast admittedly spent far more time in his instructor's apple orchard than the latter spent on his lawn. But it had been set by previous agreement that there would be an even exchange of services, justified by the fact that the professor is much more highly-compensated than the student. SBA BUDGETS "Therefore, Bel Dotto must be charged with having received valuable services from Paddlefast in the amount of $500 exactly equal to what he had given. Paddlefast must similarly be charged with $500 of income per annum for value of services received from Bel Dotto. Prof. Bel Dotto appeared as counsel on his own behalf and also for his co-defendanl Paddlefast. "As an expert in the field of Attenuated Subtleties, 1 wish to dispute the Commissioner's allegations," asserted Bel Dotto. He raised the defense that he and Paddlefast were not engaging in a commercial transaction such as would subject them to income taxation, but were carrying out a practical demonstration to illustrate a point of law. "The deal between Paddlefast and myself," argued Bel Dotto, was entirely for the benefit of my whote class in Attenuated Subtleties." "I was trying to show my students, along with Paddlefast's assistance, what the relationship is between horticulture and traditional concepts of the law." 'Everyone knows that we are trying to expand the scope of. the law and relate to everyday incidents in the lives of ordinary people. By my cutting Paddlefast's lawn every Saturday afternoon, I was showing him and my class that law professors are capable of physical labor as well as of distinguishing between the finest kind of attenuated subtleties. This I insist is a valid exercise of academic authority, if not my responibility in this day and age when professors have to cast off the aura of super prestige which has long blocked understanding between them and their note-scribbling students. "Paddlefast on the other hand, was discharging the highly important task of showing that a student can grasp a very abstract notion like the fruit tree analogy. "I could lecture for hours in my class on Attenuated Subtleties on how 'the fruit will be taxed to the tree that bears it, but the class mastered the idea much more easily by listening to a report of Paddlefast's experience in my apple orchard. He passed on to'his colleagues the very valuable lesson he learned there, Reading the informational special issue on the questions will afford harvesting all 200 bushels of apples, intensive international discussion, formulation of policy, and to the tree which bears it, is now firmly imbedded in the minds of all my Attenuated Subtleties students," concluded Bel Dotto. The Tax Court promised that it would attempt to sift the wheat from the chaff and deliver a ruling before the next growing season. ' , CLASSIFIED ■ POR SALE 1 Guitars & Banjos (New-used) Fine folk and classic guitars by Martin, Gibson, Guild, Gurian, Aria, Harmony, Alvarez, etc. Banjos 'L , " ° ° <?"? Th Opinion will only accept co, pmi a for th S rst 15 words *•» w $05 for each addiUona two words dr fraction thereof. NEED MONEY? THE OPINION WBBnc YOU vr»n NhbUS Earn money and help your student newspaper at the same time. Ad salesmen earn 15% commission on each ad they se "- more information stop by For Room 216b or see Chris Greene, Business Manager, The Opinion. 7 " ' gX!"^.'-"-^^ Buffalo Law School. ~ Lq ST LOST AND FOUND and found notices wiu be printed free of charge in The Opinion classifieds. It is advised that the student first check with Shirley's office for any book or personal item lost. by Harmony, Eagle, Gibson, & Alvarez. Dorogi dulcimers. Trades invited. Old guitars bought and repaired. The String Shop. 525 Ontario St. (Riverside), 7-9 P.M. Mon-Fri. Sat. 12-5. 874-0120. Ed Taublieb, owner. PERSONAL K. Soren We would like to print your poems but unfortunately someone walked out of our office with them. Please either submit more or stop by. Please excuse our security problems. _ Sbreami 3m.ag.et JVoveml>er JViykt Dusk enhancing night advancing solar spheroid failing fast Fir trees shudder windows shutter wraith mists twisting snaking past Stars appearing lost ships steering glaring wanly from the sky Dead leaves flutter storm clouds mutter petrels fleeing with a cry • Mountains leering stone teeth rearing mocking midgets at their feet Cloud abrading for parading lofty heads encrowned with sleet Man surrounded but unbounded naked forests breathe the dark Echoes sounded and rebounded from the trunks and branches stark Windows sightless hallways Sightless empty houses on the beach Seagulls sightless soul delightless clutter dreams gone out of reach Lonely benches seaweed stenches dreary hideouts long forlorn Sadness wrenches storm cloud drenches faded photos ripped and torn Night deriding wraithmoon riding, ghostly frigates shorn fron Ever striding soundless gliding heedless of the gloom below Empress paling slowly sailing deprecating city lights Silver grayling wolfgod railing oriflamme of arcane rites. snow Crystals growing silver glowing battlement against the warm Light distrusting heart encrusting pale carpet tempest born Snowy bastion everlasting blocking passage to my dreams Darkling madness silvered sadness twilight image stillborn schemes. Michael L. Montgomery Notes From Elsewhere NO FAULT DIVORCE Columbia Law School is in the middle of a financial crisis, due in large part to a slightly incredible $3,000 deficit on a coffee and donut hour. Comments included an examination of the SBA budget amounts of other New York Law Schools which may be dimly by Michael Montgomery enlightening. Albany Law School $12,000 $10,615 Brooklyn Law School Columbia Law School Fordham Law School Hofstra Law School NYU Law School New York Law St. John's Law FCC CONFUSES ME Law School News $2,000 POLITICAL PARTICIPATION The Gavel Cleveland State University Alton Bowens and Rowland Kidder of UB Law have successfully put their principles into action by winning their respective races for public office in the $17,000 $10,000 last elections. Four students at Cleveland have also moved $7,500 into the political scene by becoming the youngest members on the Cleveland City Council. Columbia Law School BLACK CONTROVERSY Washington University Law School The Advocate Actually, it's not that the workings of the FCC are it's just that this particular example of so confusing A controversy is raging at Washington over the continued attendance of 6 of the 10 Black students bureaucratic monolithism never does any good. Or at least so says Nicholas Johnson, "one of the seven admitted last year under a special admissions program. Upon hearing that they had failed their Freshman members of the Federal Communications Commission. According to the .views of this outspoken year, they decided to act through the Association of Commissioner, the FCC provides lessened competition Black Law Students to gain reinstatement, which sent the compiled grades to CORE, ACTION, NAACP, the in broadcasting and restricts valuable technological advances in cable TV and domestic communications NBA, and various Congressmen. The purpose of the case before the Community was, according order bringing to satellites. Industry welcomes this regulation in keep competitors out of the media establishment. to ABLS president Sylvester Brooks, "to expose the Noting that President Nixon maintains a 30 man staff bad faith and insensitivity of Washington University a to set up the Administration's TV schedule, Mr. Law School in its dealing with Black students." At ABLS presented its Johnson felt that it was necessary "to educate the public meeting with press coverage, and convocation of the demand for reinstatement a they getting the fact that are American people to the Faculty considered it improper to messed over" by the collaboration between the White Faculty, while House and the broadcasters an accusation which deal with a group petition rather than on the merits of individual cases. would come as a shock to Spiro Agnew. $9,500 $2,500 - - The concept of no fault divorce, first introduced in Buffalo by the erudite comments of Allen Minsker published in this high quality rag last spring, may well become a practical reality in Missouri. Such a proposal is presently before the Missouri Legislature for approval, and is expected to be approved by 1972. The procedure would consist of a 90 day residency requirement and little else. Traditional grounds for dissolution would be swept away and replaced by a simple finding that the legitimate object of the marriage vows are no longer present and that the marriage is irretrievably broken. Modification of support decrees may be obtained only on 2 year intervals, and attorneys will no longer need the consent of the client to petition the court for the award of attorney's fees. It would seem that Missouri is being Reno-vated. STUDENT SUICIDES Adolescent suicides are apparently on the rise, for the information of those of you who find that your hands get shaky when staring at that ugly apparition in the mirror for the ritual shave. Problems increase, and are usually incapable of satisfactory resolution, according to Dr. Paul Popenoe, with death seeming to j be the only alternative. A rational choice, that of says the good Doctor, for both high school, death particularly the college, and Graduate students latter. He found a strong relationship between student suicides and dropping out, citing Stanford Law School which has one of the highest dropout rates (67%) and, a correspondingly high suicide rate. - - �February 3, 1972 THE OPINION 8 FilMOPRGUASB TUdENTS Feb 3 Fet>ls STAGECOACH THE HORRORS OF DRACULA capen 140 free 7:00&9:00pm British 1958 color-scope 82 ro Christopher Lee, Peter Cushing Directed by TERRENCE FISHER One ol Hammer studios (inest products and, Todd Browniny's version aside, the best anil mosl bloodcurdling of accounts ol the "Prince of>f mm in Darkness". Sub Board THE GOOD, THE BAD, AND THE UGLY conf theotei adm. chg.>■ Clint Eastwood. Lee Van Cleef. & Eli Wallach. respectively Directed by Sergio Leone Feb 4 FOR A FISTFUL OF DOLLARS conl. the-ne* sdm chg. Clint Eastwood Lee Van Cleef Directed by SERGIO LEONE Feb 5 FOR A FEW DOLLARS MORE cont. theater adm chg Clint Easl'.vuod, Lee Van Cleef Directed by SERGIO LEONE Feb 6 THE GOOD. THE BAD, & THE UGLY conf thcaa-r j.im.chg These aic the films which the whole "spaghetti western" genre. Feb 3 Since Leone is now back at making films and a new one ii expected opportunity to have one he" of a goodtime at the moves. A WOMAN IN THE DUNES uapen 140 tree Japan 1964 t>&w 123 mm 300 8. 800 (>m Eijd Okarla & Kvoko Kishida Directed by Hnoshi Ti'shigahara Famous allegoiy of a man & woman held captive dt the bottom ol sandpit Is reminiscent in tone of a great deal of contemporary Euiopean literature and theater {Kafka. Pinter. Beckett) Feb 8 IT'S A GIFT! free capen 140 U.S. 1934 b&w 73 mm 3.00 & 8:00 pm W.C. Fields Bjby Li-Hoy Tommy Bupp Directedby NORMAN Z. McLEOD raie Feb 7 j can't be orange ranch. Many venture (histo be Field's lar from it. Join in the search lor Carl La Fong. an best Feb 11 THE HIRED HAND U.S. : conf. theater adm.chg. U.S. 1971 b&w 92 mm. M. Nixon by Produced EMILE DE ANTONIO Camera by ED Directed & EMSHWILLER, MIKE GRAY, BRUCE SHAH, RICHARD KLETTER Edited by MARY LAMPSON A New Yorker release. A documentary on the career and personality of Richard Nixon based on old footage of the famous incidents of his life and new interyiews with people acquainted with him. A decidedly unflattering portrait; however, not likely to offend those who already accept the President as he was, and unfortunately, is. A great opportunity for you newly registered voters to hear the infamous "CHECKERS SPEECH", and to see the Nixon of the Fabulous Fifties. The Camera wilt not lie) Feb 18 WHERE'S POPPA? conf. theater adm.chg U.S. 1970 DeLuxecolor 90 mm George Segal Ruth Gordon Ron Leibman Trish Van Devere Directedby CARL REINER The trade publication Independent Film Journal says of WHERE'S POPPA, ".. .By far the most tasteless movieof ihe year. li was also starring: Richard conf. theater adm. chg. 1971 color 93 mm Feb 10 BANANAS conf. theater adm. chg. U.S. 197) color 82 mm Woody Allen, Louise Lasser, Carlos Montalbon, Howard Cosell Directed by WOODY ALLEN Allen's spoof on movies {actually Cinema with his "quotes Irorn Potemkin and Qoddard) and T.V. {Howard Cose 11's bizarre sports events) is the latest attempt he's made to blemish his career cis a cute, funny guy. This film is absolutely evil in it's satire. He also pokes at and Psychoanalysis. Feb 19 MILLHOUSE: A WHITE COMEDY a film which drifted through town with hardly any notice, Fonda's directorial debut is a rather gentle piece about two drifters who, after avenging the death of a friend, decide to settle into a Unfortunately, Feb 20 WHERE'SPOPPA? quiet, domestic life. There are highly expressive performances, and some exquisite cinematography by Vilmos Zsigmond, who wascameraman on "McCabe & Mrs. Miller". A lovely little film. Feb 21 THE RABBLE conf. theater dee Japan 1965 color/cinemas cope 120 mm 3:00 & 8:00 hu-i Somegoro Ichikawa, Yuriko Hoshi Directed by HIROSHI INAGAKI Inagaki turns out samurai filmsthe way some American directors in Ihe 50's cranked out Westerns, and his are invariably epics, (real lush & Feb 12 BANANAS Feb 13 THE HIRED HAND Feb 14 STRAY DOG Japan 1949 b&w ~" an ,iil niir and rather outrageous attack on possessive motherhood, with George Segal as Gordon, the son, and Ruth Gordon as the clammy mother, "Should offend everyone"'lFJ I.iimliii-'.i BRUCELANHORNE came to see it last November, but we received a damagedprint and felt it wiser to cancel altogether than put up with constant breaks. This is a cinemascopeand, hopefully, betterprint. . Feb 17 MILLHOUSE AWHITE COMEDY Peter Fonda Warren Oates, VernaBloom Directed by PETER FONDA Camera: VILMOS ZSIGMOND MUSIC: film and it capen 140 Feb 10 THE FEARLESS VAMPIRE KILLERS free US 1968 color-scope mtn 7:00 8(9:00 pm Roman Polanski, Sharon Tate, Ferdy Mayne Directedby ROMAN POLANSKI Subtitled "Pardon Me But Your Teeih Are In My Neck", this completes our Polanski Festival begun last semester. Our apologies to those who marriage, revolution, (is nothing sacied?) Absolutely outrageous comedy. . of films presented daily at little or no cost by I through the University Union Activities Board. The films are usually presented in the evening and admission varies from free to seventy-five cents. The usual showing places are the Conference Theatre in Norton Union, Capen 140 in the Medical School Building, and Dlefendorf 147. The films vary, art films, campy flicks, and older classics alternating with those recently released. No I.D. card is required for the free films, but a validated card must be shown in order to purchase tickets for those films for which admission is charged. In addition to excellent films, the program is often supplemented by good cartoons (such as those by the Canadian National Film Board) and shorts. The following is a listing of the films which will be presented in the next three weeks, courtesy of Ihe University Union Activities Board. Feb 3 Feb 6 A LEONE TRILOGY dream, capen 140 free U.S. 1939 b&w 99 mm 3:00 & 8:00 pm John Wayne, Claire Trevor, Andy Devine, John Carridine by Directed JOHN FORD This is Ford's classic Wesiern which focuses on the relationships between an assortment of stagecoach passengers, each for individual reasons in a state of exile. Thomas Mitchell received an AcademyAward as the drunken doctor. Beautifullyphotographed and richly styled. caper. 140 free Feb 17 THE PARADINE CASE U.S. 1947 b&w Ilsmin 7:00&9;OOpm Gregory Peck, Ann Todd, Charles Laughton, Alida Valli Directed by ALFRED HITCHCOCK ". .The story ot the PARADINE CASE is about the degradation of a gentleman who becomes enamored of his client, a woman who is not only a murderess but a nymphomaniac. ."Alfred Hitchock, A beautiful Woman is on trial for poisoning her husband. Peck, as her attorney falls completely under her sppll tossing him into a quandry Romantically photographed by Lee Garmes. Yon Sternberg's of the major advantages for the student whose Law School is part of a major University is the recreational facilities available there at low cost. A major part of these at the University of Buffalo is the excellent program One in Feudal Japan. capon 140 free Feb 22 THE MAGNIFICENT AMBERSONS U S 1942 b&w 88 mm 3:00 & 8:00 pm Joseph Gotten, Dolores Costello, Anne Baxter, Tim Holt, Agnes Moorehead Directedby ORSON WELLES from the novel by Booth Tarkington This is Welles' follow up to CITIZEN KANE and, in many ways, is equally exciting. A brilliant drama of a family unwillingto change it's way of life with the times. conf theater free 123 mm 3:00 & 8:00 pm Toshiro Mifune, Takshi Shimura, Keiko Awaji Directedby AKIRA KUROSAWA Mifune plays a detective in postwar Japan who with his colleague, Takshi Shimura, chases a thiol, a stray dog, throughoutthe various strata of the Tokyo underworld. A suspense siory told at a breakneck opinion Begins During the week of February 6th through the 10th The Opinion will be recruiting students to work on the newspaper for the remainder of the semester and next year. In order to facilitate this recruitment, a table will be set up in the main lobby of the Eagle Street building at which students may indicate their interests in various positions or ask questions about the operation of the newspaper. On the following week, the Editorial Board will select the person who will be the Editor-in-Chief of the paper for the 1972-73 school year. This person will serve as Assistant Editor for two months prior to assuming the Editorship on April 14th, 1972. The following is a brief description of some of the positions which will be filled on next year's staff. All students are invited to inquire and/or apply for any of them. - responsible for managing and Edior-in-Chief directing the newspaper and for its Editorial content. Also fills 'in positions which are not staffed. (This year's stipend $500) Managing Editor collects, organises, and prepares articles. Also responsible for circulation, - - including mailing. ($5O) Production Manager designs layout, prepares for printing, works with photographs and graphics, and supervises final paste-up of newspaper. ($300) Business Manager keeps alt financialrecords, pays all bills, also responsible for advertising, sales, and promotion. ($200) copy - all for all all S.B.A. - solicits and edits all News Editor articles. ($5O) Article Editor articles. S.B.A. Editor and activities. Feature Editor feature articles. responsible responsible reports on for news non-news meetings lengthy Editor Photography - responsible for all in newspaper. The above Editorial Board personnel have a number of people who work in each department. A brief summary of these follows. writers who contribute articles Reporters about events in the Law School or on matters of interest to law students. These are sometimes photographs - assigned topics. - Columnists writers who regularly write articles expressing their opinions on subjects of interest to law students. Production Personnel this a big category. - It includes those who type up articles, those who help in layout, paste-ups, copy-readers, etc. Photographers these people mainly take assigned photographs for the paper using either the newspaper's cameras or their own. All of the photographic process is done by the newspaper, since we now have a completely equipped - darkroom. Graphics - we have not done an extensive amount of graphics in the past but we are eager to increase the output in this area. This includes drawings, cartoons, etc. ■ Other- Really, anything can be done and will be considered for the newspaper. This includes poems, crosswords and other puzzles, etc. Salesmen — advertising salesmen are always needed. We are finally getting into this and are getting a good response. Salesmen earn a commission of 15% of the price of the ad sold. This is only a quick glance at the operation of the paper,and questions from students are invited. If you wish to apply for any position, or are interested in doing anything on the paper, you may want to use the form provided below. We would like to see as many students as possible come out and work for their paper, so please stop by. . RECuitnG dRIVE I ' The Opinion I am interested in working on The Opinion. I 1) 1 would like to begin work a) this semester I next fall I | I 2) I am interested in the following Editorial | I Board positions: . I I 3) I I I I News Editor I am interested Photographer____ j I j . Ad Salesman Other Not interested Columnist Production___ j j in contribute an article to the j staff position, i j but would like to think j I Name Address Class Ij Phone I COMMENTS: -.!■. following staff the Graphics 4) I would like to paper a)Yes No .■l.l-' in Reporter 5) I am interested, I about it for a while I J Article Editor S.B.A. Fditor Feature Editor Photography Editor No Editorial Position Managing Editor Production Manager Business Manager I postions: I I . . 1 Editor-in-Chief , | j j , ■ ■ I ■ ■ � 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, 1972-02-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/3/1972 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/9a369b37f348ea6cfb36876cf5b23193.pdf 74692e4ff73f81b54549f95d67e69f58 PDF Text Text Non-Profit Ort*ni«iion| US. Postage The Opinion 77 West Eagle St. Buffalo, New York 14202 Volume 12, No. 8 PAID BUFFALO, N.Y. PERMIT NO. 708 THEOPINION State Univar.ity of New York at Buffalo School of Law I I February 24, 1972 Opinion Survey Some Seniors Find Jobs By Rosalie Stoll ' Of the respondents, an OR THIRTY..? additional three indicated they 8 Certain rumors rampant had obtained non-legal jobs. Four Two positionswere offered one through the school have been to more seniors have military budding barrister in the same the effect that this year's committments to fulfill; half Buffalo law firm either as an graduates are not gettingjobs. Not iindicated they wanted to enter unpaid associate of a young so, proves a recent Opinion tthe Judge Advocates. attorney or as a plumber, "I may survey, for thirty-two of the 101 have to accept both." seniors polled have jobs upon THE ''LUCKY' graduation. Twenty-three of those 1THIRTY-TWO. BRICKBATS FOR PLACEMENT: jobs were obtained without a contact from a friend or relation, Of those students who have to Several seniors expressed their proving something, anyway. Two (date obtained legal positions, dissatisfaction with the current seniors even have a choice of two (certain trends are discernable.The placement, "The placement legal jobs. j great majority had "above program at this school stinks, Responses to the recent Senior ; average" grades.Clerking was also "Get a better placement service Job Survey were obtained from jimportant one senior indicated together quickly." Students anxiously await the posting of grades at the over one-half of this years senior t that he had obtained his position One of the most bulletin board in the main lobby at Eagle Street. For a class of 187. We attempted to ; at a firm he had clerked for two thought-provoking comments ascertain how many seniors were years. compilation oflast semester's grades see page six. came from a senior who noted gettingjobs, where and how. Also, that it "seems incongruous that we set a very arbitrary standard ACTUALLY THIRTY-ONE the law school attempts to raise for determining whether a student academic standards without felt his/her grades were above Few seniors were as fortunate I improving the placement program, average (4 Hs, no Us) average, or as one anonymous senior with i since well-placed lawyers enhance below average (4Us). The standard average grades who was offered a i the reputation of the school." was for comparison purposes job in a private Buffalo firm I only, for, who,after all, are we to through a friend or relative. The ON-CAMPUS INTERVIEWS determine a class ranking system student, who had not sent out any t Only twenty-five students for our Qs, Hs and Us, when application tetters, tersely wrote by James Brennan they that had greater minds than ours have ;at the end of his survey sheet, "I indicated The Moot Court Board will host the Niagara International Moot failed. turned down the job." (continued on page five) Court Competition next Friday and Saturday, March 34, in the !_ Erie County Court. Oral arguments by moot court teams from the United States and Canada are scheduled Friday night at 7:30 p.m. and Saturday at 9 a.m., 11:30 a.m. and 2:30 p.m. across the street in Parts 1, 11, and HI on the second floor of the County Court Building. one newspaper went so far as to report what turned Each team has submitted a written Factum, which is a typed FROM: out to be a lie; that the police were cleared by the The Center of Justice Through Law argument similar to a memorandum of law concerning the issues to The Concerned Law Students FBI. This was not the case, however, since the be presented in oral argument in court. These Facta will be graded The Niagara Frontier Chapter of the NY Civil Justice Department later stated they could not clear by the judges who will hear the appeal of the case and count the anyone in the matter. This indicated the existence Liberties Union points toward the final outcome of the competition. of an unholy alliance between the press and the Hearing each teams' argument and rebuttal are a panel of noted Canadian and American judges and barristers. They will grade the Buffalo, New York participants on the organization of their presentation, speaking Richard J. Rosche in conjunction with the ability, responsiveness to questions of law and knowledge of the aforementioned parties announced that he is facts of the case. The best team will be awarded the Niagara International Moot releasing to the public the final report on the Court Competition trophy at a banquet on Saturday evening. A allegations that Buffalo Police shot students during trophy will also be awarded to the best individual speaker in the the turmoltous anti-war demonstrations on the UB Campus in May of 1970. Mr. Rosche, who as a taw student headed the (continued on page three) student investigation of this matter and who is now an associate with the Center ofJustice Through Law reasserted the claim that substantialevidenceproved IN THIS ISSUE: Buffalo Police without cause fired into defenseless students. SBA He asserted that this fact was not the most Page foui .' A busy month disturbing part of the affair. It was the response of the press and official responses to the allegations Job Survey that were of greatest concern. Page five Are Seniorsgettingpositions? Despite ample evidence, only the Justice Department conducted what could be called an Grade Chart investigation. The Governor of New York and the Page six All Course gradescompared State Police, the Buffalo Police and the District Attorney of Erie County, although contacted.with police which kept the police in the dark on police New Schedule the evidence conducted cursory investigations or misconduct. Page seven Switch to earlier start? This report They Shoot Students, like the tried to cover up the matter. Mr. Rosche asserted that if there was nobody to protect the public from Allentown riot report Frustration Politics and the Pinochle and Allentown Incident,adds to an ever growing volume the lawlessness of the police that our laws Page ten Letter from Liechtenstein Constitutions are meaningless, and we live in a state of material that and time again police misconduct goes unexposed and unpublished due to official of offical anarchy. Ask The Gam It was asserted that the media and press, that cover-upand media reluctance. Page eleven Whatzit? demonstrated so-calted watch dogs of freedom, OUTLINE OF THE REPORT throughout this affair a reluctance to report Mr. Rosche outlined the content of thereport: anything that suggested police misconduct. The (continued on page eight) press never thoroughly investigated this matter, and rr c - , - ' Niagara Competition Coming This Weekend : : 'Jhev Shoot Students Birdshot Report Issued �February 24, 1972 THE OPINION 2 Editorial By Grading PRESidNT' CORNER of the second semester have expired The importance of this two-week figure is, of course that it is the deadline for the addition ofcourses to one's schedule. Since the grades are not in, the student has no idea of how many credits he will need, or will have to make up (for failed coutsesof the first semester) untif after the deadline for adding these courses has passed. It is not difficult to grasp the severity of the situation. The immediate response of those who feel that this situation is not as desperate as I make it out to be is as follows: sign up for as many courses as possible during registration and then make the (continued on page three) Malcolm L. Morris rumblings of discontent There have been weeks some of throughout the school in recent of wluch I feel, have been valid, and some haVe of which! The ugly head of the grading problems at this school has the students Th°eparamount disenchantment some once again made its semi-annual appearance. This time, of_the however, it has grown to near monumentalproportions. seems to be the extreme tardiness of graded. 1 his their examinations Few students are not aware of and incensed by the professors in having largest supporters in he have its tardiest submission of grades by the Faculty to date. gripe seems toand rightly so, because of the senior class, July Apparently this awareness is not shared by the faculty. uncertainty in the credit requirements for the The problems caused by the late posting of grades are Bar The senior finds himself in the position of not weeks two first too numerous to be listed here. It must be mentioned, having two, to four, grades after the however, that they include the inability of students to intelligently plan their schedules, to make plans concerning leaves and outside work, and to devote their full attention to the present semester's course work. It goes without saying, of course, that late submission of grades also removes P examinations from an active role in the educational process, Volume 12, No. 8 since the feedback from them comes long after the Editor-in-ChiefJohn Samuelson R. examination was taken. Assistant Editor Rosalie Stoll It is time for this Law School to develop a strongpolicy Managing Editor GeorgeRiedel which would compel the faculty to submit their grades within a reasonable time. This policy must include an Bdtaw effective enforcement provision to be effective. The Law News Editor Vacant Feature Editor School must recognize that getting grades out to students is S.B.A. Editor Vacant Photography Editor Samuel Fried one of the most importantconcerns of thestudent body. OPINION the , - -- **•* - *"""* 24- 1972 Montgomery - ""» - Vacant - Production Manager Vacant Chris Greene Business Manager Grades The issuing of grades also brought back to the forefront continuing problem of the HD, H, Q, and U. It is imperative that some meaning be set down for our grading system, for both students and employers, or that it be the abandoned. As have been observed in earlier editorials, a system of which sets no standards for the grading of student efforts can hardly be of any use to employers or students. It is obvious by the immense variation of graging ranges from grading course to course that standardsdo not, in fact, exist. The Law School must make its policy and standards clear in this area. Either grades must be standardized to the extent that they have some meaning or an alternative method of evaluation must be adopted. — - Otto Matsch, Jeff Spencer, Rosalie Stoll, David Schubel. Staff Writers Columnists Otto Matsch Joe Gerken, James Brennan, Larry Zimmerman Contributors Samuel Fried, Chris Belling, Gary Masline, David Klein Photographers - The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School ofLaw, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. RiGHO T N! by A MODEST PROPOSAL Tet, the Vietnamese lunar new year, has arrived. It marks the beginning of another year of warfare for the long-suffering Vietnamese populace. The communists, following their own Tet tradition, have declared a truce, and will attack during it. Like other Tet offenses it will do poorly militarily, but be more successful from a propaganda viewpoint. Peace proposals, which would supposedly prevent any further Tet offensives, are lately as plentiful as sharks teeth. The Hanoi regime's "peace" plan is direct and to the point: Yankee devils get the hell out, and stab your allies in the back while leaving. This is the same demand for unconditional surrender they have been , making for years. They have recently added the clause them to admit they are lying when they claim that they are simply engaged in a civil war in Vietnam. It would expose their true aims in Indochina the conquest of Laos, Cambodia and South Vietnam by force of arms. A cease-fire would interfere with that objective. Poor Hanoi. All it wants is a little Lebensraum for its people, just a nice place in the sun for the thousand-year "people's republic." I am not running for office, and hence have no opponents scrambling around in the gutter trampling each other in vain attempts to dethrone me from anything. Hence my own modest peace proposal is obviously designed to do just what it proposes, bring peace to Indochina, and not to stupify and embarrass political rivals. My 3-point plan is as follows: - about overthrowing the South Vietnamese government 1. Commies go home. The of the Hanoi because they are not strong enough to do it aggressors are to withdraw armies immediately to the themselves. the provinces of Vietnam north territorial confines of up all of apparently given hope President Nixon has of the 17th parallel, withdrawing completely from the a negotiated peace. His 8-point plan, made public after sovereign nations of Labs, and the Republic the communists refused to respond to it, was directed of Vietnam. They are to Cambodia, take with them all supplies solely for the consumption of the American public. equipment; stockpiled material must either and None of it is conceivably acceptable to the Hanoi accompany the retreating armies, or be destroyed, or junta, for it is not an appeasement plan. Nixon, of be surrendered to the legitimate government of the course, knew they would not accept before he made it country they are cached in. Withdrawing troops will be public. It contains such "unacceptable" proposals as granted safe passage from the they are presently free elections in South Vietnam, and a ceasefire illegally occupying, and will areas even be assisted in throughout all of Indochina. withdrawal if so desired. A cease-fire will go into Elect ions are unacceptable to the communists effect as soon as the withdrawal is agreed to. because their ideology forbids them. Free elections allow the people to express their political desires. prisoners of 2. Prisoner release. Communist regimes' only interest in the political belligerents shall be Allimmediately war heldintoby all released the desires of their subjects is to suppress those desires. custody of the International Red Cross. Those The other reason for not agreeing to free elections is prisoners wishing to return to native their lands shall badly. The that the communists know they would lose be transferred by the Red Cross. Those not wishing to loss at the Polls would expose the terrorist base of VC return shall be granted political amnesty. There shall power. Nixon knew this, and added the proposal solely be no forcible repatriation of prisoners. people the to demonstrate to the American intransigence of the Hanoi regime. 3. Free elections. Three months after the complete A ceasefire over all of Indochina, including Laos and Cambodia, is similarly unacceptable to the enemy. withdrawal of Hanoi's troops from its neighbors' having territory, free elections, supervised by the UN, will be To agree with it Hanoi would have to admit to held in Vietnam's northern provinces. All political troops in Laos and Cambodia, and that would force OTTO MATSCH persuasions will be allowed to participate, even com m vnists. Equal time will be granted to all candidates. The presently-ruling Hanoi regime will remain in power until one week after the election, at which time a legitimate government shall be inaugurated. Two months later a twin referendum will be held, again under UN supervision, to determine the matter of reunification of the northern and southern provinces. Those in the north will be asked to vote on whether they wish to reunite with the south, and those in the south on whether they wish to reunite with the north. A majority vote in both halves is necessary for successful passage of the referendum. If it is passed the two governments can work out the rest of the details for themselves. If it fails Vietnam will remain sundered until a majority in each half votes for reunification. The rationale of this 3-point peace plan is unique in its recognition of the realities of the war in Indochina. It is the only peace plan that tells it as it is: that the cause of the war is the naked, imperialistic aggression of the Hanoi junta against its neighbors. It is also the only peace plan that calls for elections in Vietnam's northern provinces, where the people have never gone to the polls to elect their leaders. Instead, they have been oppressed. Power to the people! do not expect my peace proposal to be accepted by the Hanoi junta. The communists have fought for control of Indochina for too long to give it up now and give peace a chance. They are not interested in I free elections, especially for their own people, who have known communist tyranny more intimately than any other country in Indochina. They are not interested in allowing POWs to return to their families, even POWs from their own armies. Such a gesture would bespeak kindness, an emotion alien to the sub-human communist mentality. They are not interested in a cease-fire, for that would stop the killing, and they are not interested in withdrawing from neighboring countries, for that would reduce their power. In short, they are not interested in peace. For them, peace is a term to delude the enemy with, the enemy being anyone who is free, anyone who desires peace. �February 24, 1972 THE OPINION 3 Letters To The Editor Irresponsible Faculty there be a relation? The grading system at SUNYAB LAW was to have an emphasis on pass-fail with a lack of class rank. The problem with this seemingly good system is that its implementation has resulted in an A,B,C,F system under a concealed name. The ultimate result is an incredibly ambivolent competitive system stemming from the Administration's failure to prescribe standards of evaluation. A solution, perhaps, would be to eliminate the HD and H grades. This would at least remove the ambivolence among students in interpreting their work product while at the same time removing the pressure from the administrators to implement the system and make it adequate. The solution requires either abandoning of nebulous honors categorizations an or implementing them in a manner which would make the grades meaningful or at least realistic. Michael Stachowski To the editor: When was a freshman received ray first semester grades in the middle of February, long after the upper classmen received their grades. I remember it unsettled me some, not having all my marks, and found it hard I to study. I drew some comfort from the knowledge that when I was an upperclassman, things would be different. To my surprise, when I was a junior, first semester grades in slowly, and again, it wasn't until the end of the month. Now I'm a senior, the middle of February has passed, and I still don't have all my grades, nor do many other students, and this time I am not just unsettled, I'm annoyed and amazed at the insensitivity of some faculty members. Okay, lawyers aren't supposed to be sensitive, but they are supposed to be responsible,and the lateness of some of the marks reflects an irresponsibility on the part of this faculty and the administration of this faculty that is unmatched in my experience, and I'm pretty sure in the experience of the rest of the students in law school To the editor: here as well. don't think it's necessary for me to spell Since Otto Matsch has attacked a "govemmentally out the importance to students of knowing where they controlled school system" as "an insidious derogation of stand, and knowing soon. liberty", may we presume that he has in a peculiarly What are you doing, you faculty members who oblique manner announced that he is transferring from haven't handed your grades in? You have a lot of work? I this govemmentally controlled law. school? As wary of brainwashing as.George Romney or Dr. don't want to hear that. So do I, but I meet my deadlines. Duke, Matsch complains" that public schools Sincerely, Raoul corrupt the mind. This corruption has become so rife that Deborah Lewis Matsch himself began to grow a beard. He has apparently pulled himself together. I note that he has shaved, perhaps so that he may look clean-cut for interviews private at law I I drifted Otto Anti-American ? I Grading System Questioned schools. Grade Time! A period of anxiety? content? ambivolence? At our law school the final question is perhaps the majority sentiment. Why? The lack of standardization of grades and an all too great uncertainty as to the interpretation of these grades seems to be the reason. What is an HD, a U? What relation does an HD in Philosophy of Law have to a Q in Federal Tax (a). Can PRESIDENTS CORNER (continued from ■ Goffin Anti-Liberal? . To the editor: I am amazed that Mr. Coffin, who up until now has always assumed the pose of an open-minded, concerned, relevant, viable liberal, should react with such virulent chauvinistic platitutdes when part of theEstablishment is derogated. Perhaps Coffin is merely another liberal establishmentarian? In any case, he has done a brilliant job of leapfrogging from irrelevancy to immateriality to distortion of the truth. He begins by chattering about the corruption of the mind. The point actually made was that governmental control of the schools gives the State the potential of controlling the minds of the students, an Orwellian prospect which even Coffin is probably leery of, or at least should be leery of. Then the talk about beards begins. As we all know, beards have a lot to do with the state of the universe, as Coffinhas so ingeniously brought I to our attention. And then finally his coup de grace: Coffin is "bothered." Unfortunately, the facts do not support his emotional reaction. In reality (i state of being scrupulously avoided by relevant people), the "most conservative American historians" do not support government control of the school systems. Coffin has conveniently neglected to name any of them for that very reason. Kirk, Friedman (really an economist), Kilpatrick and Hazlitt all deplore governmental controlof schooling. If Coffin can think of some "most conservative" historians who actually support his thesis (sorry, Gene, Gore Vidal does not count), then I wish he wouldlet me in on his secret. Otto Matsch One thing bothers me about Matsch's anti-public Letters are welcome from students, faculty, school stance. Ever since Massachusetts passed the world's first common school act in 1647, a free public education alumni,and others. The Opinion reserves the right for all has been an increasingly fundamental principle of to shorten letters too lengthy to print in their American culture. Even the most conservative American historians generally agree. Could Matsch be entirety. Please limit letters to two typewritten pages. Send to: The Opinion, 77 West Eagle anti-American? Street, Buffalo, 14202. Anonymous letters will GeneCoffin not be published. page two) "drops" as the grades come in. This Wallin concurred in the severity of the situation and solution has some major drawbacks. First, it tends promised me that he would make the grades appropriate to cause over enrollment in courses, and incident to available as soon as he obtained possession of them. To my knowledge, he had done just that. That is all that I, as President, can do. But (he Board of Directors can do more. The Board can pass resolutions, and motions of various kinds re: faculty grading, procedures and deadlines. The crucial factor then becomes what effect will these promulgations have on the faculty? At this point, in this school I would surmise that the effect would be minimal. The reason of course lies, not in this, the "closing out" of certain students. These students could be underclassmen who registered for the course, not as a hedge against their first semester's performance, but rather because they really wanted to take the course. The final injustice of course arises when the grades finally do come out. Then the "hedgers," realizing that they will have more than enough "passing" credits, will drop the course. Thus the professor sees what was once a course that was over-registered become one that could accommodate another 5-10 students. Albeit 5-10 students does not seem to be a large number, nor doesit seem to create too much of a sacrifice on the students, let me assure you that if you happen to be one of those students, the situation has an entirely different perspective. Aside from the numerical problems involved, many students will find that they would rather not take a course that they may eventually drop because of the expenditures of time and money (for the books, some of which are outrageous), especially many of the seniors who are now experiencing the joys of bar review. Thus, the problem is just as troublesome now, as it was prior to the "hedge" solution. Which brings one to the query-"Where can I turn to for the solution?" Charges have been leveled at me that the answer should come from the 5.8.A., that the Board of Directors should be handling these type of "gut" issues rather than "wasting" its time on other non-crucial matters. Let me respond to these charges toy saying that I concur. The S.B.A. should be doing something about this, and other gut issues. The more important question which I post is, "What can the S.B.A. do?" As the President, I have been in continuous communication with Mr. Wallin and Shirley as to the status of the different courses. Mr. - the 5.8.A., but rather in the apathetic student body that fails to support it. The student in this school seems to believe that the S.B.A. will be able to exert the desired pressure when he wants it to, when he is willing to give his support and some time for the attendance of a Friday meeting. This is an unfounded belief. As I have stated time and time again, the only way that the student will be heard in this school is by the continual raising of voices in unison. The 5.8.A., to be an effective, worthwhile organization, must have more than a sporadic backing, but rather continuous support throughout the year. Only in this way will it ever serve any useful purpose. As for last term nothing can be done. But, we can set the standards now for the present term and the terms to come. What we need is a statement from the S.B.A. signed, not by the 23 members of the Board, but by the 600 students of the school. The correct support, as was obtained in the N.Y. Practice affair earlier this year (which by the way, has been lauded by some seniors as the best course they've had in their three years here) can create the results we desire. So I say, especially to the underclassmen, rather than spend time complaining about the present state, of redirect that energy to a more constructive v 4 and support your only hope, the S.B.A. Niagara Competition (continued from page one) oral argument competition. Participating in the event are teams from Osgoode Hall Law School of York University, University of Toronto, Wayne State Universily of Detroit, Mich., University of Western Ontario and University of Detroit. The problem to be argued on appeal to the United States Supreme Court is an extradition proceeding brought by the Canadian government against Miss Connie Catalyst. Miss Catalyst, the respondent in the case, is a graduate student at McDill University, who is active in Canadian politics and has published many articles on chemistry. The Canadian government seeks her return to face charges concerning a conspiracy to blow up a statue of the Queen. She has instructed a group of students belonging to the Organization to Liberate Quebec (0.L.Q.) on explosives. Shortly before they are to detonate the bomb at the Queen's statue, the students are caught. They are convicted of conspiracy to attempt to violate section 79 of the criminal code of Canada, which deals with explosives. Miss Catalyst's role in the conspiracy is discovered and the Canadian authorities move for her extradition from the United States and it is at the appeal stage of this proceeding that the moot court teams must begin their arguments. Many area attorneys and judges are taking time from their work to act as judges in this event. Three judges from Ontario will also sit on the bench during the course of the oral arguments. The Moot Court Board has expressed their appreciation to these men and also hopes that the faculty and students of our own law school will attend the Niagara International Competition. the opinion is waiting for you in Room 2168 �February 24, 1972 THE OPINION 4 S B A By Michael Mongomery Admissions, Grades, Moot Court Discussed grades were on a pass-fail system remains FEBRUARY 18 ADMISSIONS COMMITTEE: Richard Evans presented a complete report on the activities of the Admissions Committee. Out of the 200 seats available for the upcoming Freshman class, it is expected that a minimum of 100 seats will be filled by applicants who were automatically accepted on the basis of both a 650 score on the LSAT and a GPA of 3.0. 25-30 seats will be reserved for Minority Students, the criteria for whose admission is being left up to the Minority Students Committee headed by Prof. Dannye Holley. The remainder of the approximately 2,000 students who have thus far applied to the Law School are placed in the hold category. 80% of the remaining seats will be filled by those applicants who have both a GPA of 3.2 and an LSAT score of 550-600. The Admissions Committee will be allowed to develop experimental criteria to determine who will be admitted to the 20% of the places remaining. These criteria will include: 1. previous activities and experiences in and outside of the academic milieu 2. some preference to those whose undergraduate major was in a more demanding field ie. physics. 3. the quality of the undergraduate school attended. The ['act that an applicant has a masters degree or Phd. will not be considered as granting priority, except insofar as the applicant has unresolved. Mr. Evans acknowledged that there seems to be a heavy geographical bias in favor of applicants from the WNY area (last year over 70% of the Freshman class was from WNY). He attributed this phenomenon in part to the fact that most applications come from students in this area, and of those applications from other areas there are few with academic qualifications sufficient for admission. Mr. Evans attributed the second major factor contributing to a WNY bias to pressure on the Dean and the Administration, engendered by considerable pressure from the local community to give some preference to students from the general up-state area.x MOOT COURT. March 3-4 will see the hosting of the Niagara International Moot Court Competition by Eagle Street, our representatives being the defending champions after last year's contest. Mr. Evans submitted a special plea to the SBA for additional funding in order to provide a closing banquet for the approximalely 70 visiting contestants and guest judges and attorneys. There was considerable comment against student funding for banquets, emphasizing that the funding of Moot Court events would most appropriately be provided by the "Law School and the State. Professor Greiner observed that the Law School is presently attempting to obtain funding in the State Budget for the support of Moot Court as some demonstrable accomplishment through his use of this an academic endeavor, similar to that degree. presently enjoyed by the Law Review. He The problem of undergraduates whose emphasized that any State funding gained produced thereby would include limitations on the purposes for expenditures established by the State, which would still leave the necessity for funding affairs such as banquets on outside sources such as the SBA, or Alumni. A motion to provide funding up to $380 was passed on a vote of 8-5-3. CLS MOVIE: Upon a request made by Sally Mendola, CLS was allowed to switch free its budgetary allocation lines to fund a showing of the movie "The Murder of Fred Hampton" in the Law School. This motion passed: 12-0-4. CENSURE FOR LATE GRADE TURN-IN: Citing a resolution by the Academic Standing Committee that course grades be submitted no later than I month after the last exam is given, Lee Ginsberg introduced a motion censuring those Faculty members who have failed to submit grades by this date. It was noted that while the procedure to enforce this Committee resolution exists, it has never been followed. It was decided that the late submission of grades be presented as a grievance to the FSRB in conjunction with the censure, which resolution should be circulated to all Faculty members. Mr. Greiner commisserated with the feeling of students about the late submission of grades, but criticized Both Faculty and Student committees and bodies for passing myriad resolutions with pertinence towards the individuals and groups they are directed towards, but allowing them to be buried in the minutes with any actual communication involved towards the individuals the resolutions were directed against. Asst. many Provost Greiner also noted that propositions loosely termed as resolutions from various bodies and committees are in fact "part of our great 'oral tradition' " and not really binding. The censure motion was passed unanimously. GRADING SYSTEM: Yvonne Lewis raised a generalquestion as to the present grading system, particularly in the way HDs have been used by some professors to cause its degeneration into a system of A-B-C-D(F) for many. The use of HDs was considered intolerable, particularly since there is no predictability as to which Professors refuse to give it, which makes a complete mockery of the pass-fail system which our present grading methods were purported to be. Mass confusion among students and Faculty have led to a hopeless situation. Lee Ginsburg suggested the holding of a student referendum to get some concrete student feeling on the validity of the HD grade. Audience comment indicated a sentiment among some that the entire system be abolished in favor of a more coventional system understandable to Faculty, students, and particularly to employers who would be able to judge the quality of job applicants with more facility. ASST PROVOST GREINER: Among the general comments addressed to the body by Mr. Greiner was a felt need to move with caution in regard to discretionary (continued on page eight) Representatives Hear Committee Reports Gene FEBRUARY II primary Coffin noted (hat While the complaint again at the clinic of faculty supervision, program is lack PROFESSIONAL PROGRAM COMMITTEES: Mike Place reported that there has been little progress made. One major issue is the status of the clinic programs, the chief problem being over-enrollment and lack of adequate supervision. He reported that the entire clinic program is under fire, and will probably be cut back severely. The outward probable enrollment to be allowed in the future would probably be 12 students per Faculty member in the program. Mr. Place stated that, while Dean Schwartz favors the clinic program and wishes for greater resources in support of there is almost a total lack of such supervision in the classical lecture course except for the final exam. NEW SENIOR DIRECTORS: Eliot Tunis anil Charles Genese were accepted as the elected replacements to the SBA senior directorial seats vacated by John Blair and lorn Brett. ENVIRONMENTAL LAW: The constitution tor this new club was accepted on a vote of M-0-2. It was suggested that the officers submit a budget to handle any necessary expenses. It was noted that the funds originally allocated to LSCRRC have been freed up, since apparently this group will not be spending anything. it, the Faculty rates it as a disaster area GRADUATION COMMITTEE: Ralph Cox with little educational value for many reported that the Law School graduation students. It was suggested that an open ceremonies will be held on 28 May at the meeting be held to discuss the issue of Mary Seaton Room, Kleinhans Music Hall. clinics. A corollary issue was raised in regard to the status of the clinic program once the Law School is isolated from the centers of legal activity in Buffalo by its removal to Amherst. It is expected that Howard Samuels will be the speaker. No decision has yet been made on the wearing of caps and gowns. The Faculty has been approached for financial assistance through Mr. Greiner, an issue alsostill in doubt. WOMEN FACULTY SEARCH COMMITTEE: Laurel Binder reported that the fruits of this committee, headed by Miss Girth, consist of an offer by the school to Nancy Gerstner of Yale. Apparently the Faculty approves highly of Miss Gerstner, whose fields of interest include Admin. Law, LaborLaw, and clinic programs. Still, the faculty feels that the most urgent needs lie in the fields of civil procedure and property. This candidate had no teaching experience, but is considered to have an excellent reputation. It was considered unlikely that Grace Blumberg would come back to Buffalo. Herbert Greenman noted that while 5 Faculty lines are presently open, only one offer had bee made. He observed that the Faculty believes that Ist year courses can be taught by anyone, and that the Faculty is in general opposed to the expansion of the Clinic Programs advocated by the student representatives on the Appointments Committee. ADMISSIONS COMMITTEE: A report from Deborah Lewis stated that the school will use the usual sliding scale for the acceptance of new students, ranging from immediate acceptance for applicants with a 650+ LSAT and 3.0 GPA on down. It is anticipated that the number of applications will be doubled. It would seem that there is a division among the Faculty on raised standards. The Administration expects most of the new Freshman class to be filled by those who were automatically accepted under the above criteria. Miss Lewis' report noted that the Minority Program still exists and a number of student slots will be left open, to be filledby the Minority Students Committee. It was suggested that Dean Lochner be invited to address the SBA on the subjecl ofadmissions. DONEGAN APPOINTMENT: President Morris stated that Mr. Donegan is being considered by the Faculty for appointment as an associate professor. ADVISORIAL PROBLEMS: Due to the non-existence of Faculty advisors for students,it was suggested that a crib sheet be prepared indicating the relative merits of various Law School courses. A supplemental proposal included the institution of Senior student advisors for Freshman students. A motion in this regard was passed 10-1-1. Model Exam Answer Issue Debated members who would compley with such a request, an attitude shared by Mike Sugar who pointed out that a number of SENIOR ELECTIONS: the resignation of instructors repeat their exam questions, Sγ. Rep. Tom Brett ushered in the SBA and would be chary of letting meeting of 4 February. Mike Sugar was pertinent information out. Judy Kampf appointed as his replacement pending the expressed the view that preparation of election to fill vacant seats. It was model answers for posting might tend to decided to remove the PIRG referendum rigidify the mind of instructors as to from the ballot in view of the chaos answers in the exams itself which might presently reigning on the main campus be considered acceptable. Bob Allen and and in Albany regarding mandatory vs. Richard Weinberg suggested t ne preparation of a basic issue analysis,-not voluntary student fees. MODEL EXAM ANSWERS: Reed Cosper a model answer, such analyses to be suggested that professors be asked to made available in the Library. A motion come up with some form of outline of to put this proposal before the FSRB what they were looking for in their final was passed U-4-2. exams, lie felt that the posting of this ENVIRONMENTAL LAW SOCIETY: material after exams would be an aid to Bob Rodecker requested the approval the teaching process. President Morris and recognition of this nascent student questioned the number of faculty group. Mr. Rodecker proposed that this FEBRUARY 4 organization could channel student energies towards handling cases in environmental law in this area, as has been done at other law schools in the country. A vote on the constitution ot this club will be held on II Feb DISBURSING AGENTS AND SUB BOARD I: Mr. Greiner is reported to have said that no one in the administration would accept the responsibility of being the disbursing agent for the student government, in contrast to his statements made at the previous SBA meeting. It was suggested that the SBA go tto the Sub Board I voucher system out of necessity until the end of the year to see how it worked, while planning viable alternatives in the meantime. Sally Mendola questioned as to whether the on-campus disbursing agent might not approve expenditures for cc r tain organizations whose goals or make-up were d isapproved by the Administration. President Morris doubted that such problems would affect SBA organizations as long as they were not designed more than Vi for the benefit of those outside the student body. COMMITTEE REPORTS: A request by Weinberg for a progress report from the Social Committee triggered a general demand for reports from all committees so that the SBA can find out what is going on. President Morris noted that there are problems with the Election Committee since there are no members on it outside of the Chairman. Lacking volunteers, Mary Anne Hawco, Reed Cosper, and Larry Shapiro were appointed by fiat. �February 24, 1972 THE OPINION 5 Mitchell Lecture Series Campbell on Law and Experimental Society By Joe Gerken Professor Donald Campbell, sociologist at Northwestern University addressed the Mitchell Lecture Series on "Law and career out of "curing momentary swings in the graph," for example, by entering a situation where a crime wave is predictably peaking and taking credit for the subsequent decrease. Experimental Society" recently. Once one has determined that that it Mr. Campbell first explained a change is significant the title of the lecture. Whenever differs markedly from any social research seeks to evaluate predictable pattern, it is necessary the effect of changes in the law, it to keep in mind that the meaning must take special care that the of the change may not be obvious. Campbell suggested that the conclusions reached reflect actual changes rather than distortions Connecticut study could have inherent in the research method. been more convincing if other For example, Abraham factors had also been noted Ribicoff, as Governor of possibly the relative number of Connecticut, instituted a "get licenses suspended, the change in tough" campaign against traffic number of traffic offenses, or the violators. After a year, the change in average and maximum governor announced that the speeds observed on selected program was a "definite success," highways. It is essential to realize pointing to a large drop in traffic that any factor, or group of deaths during the year. factors can point to different, The inadequacy of this often contradictory, conclusions. approach, Campbell noted, is that Reduced traffic offenses there was no attempt made to could indicate safer driving, but it check whether the drop was truly could also mean that since longer significant; and that, even if it sentences had been instituted', were, it could have signified a police and courts were more number of causes. reluctant to give tickets or To determine whether the subsequently to convict offenders. drop was significant, the social Ca mpbell feels this is a scientist must first extend the pervasive problem facing period dip that the can be lawmakers time in an experimenting seen in as part of a larger pattern society that a change in the law of change; he must also refine his will naturally induce a change in interpretation as to what the the "scoring system." An increase larger pattern means. in police in a crime-infested area Campbell suggested that a will probably lead to more arrests, smart politician with a and may encourage people to sophisticated awareness of report crimes that they otherwise - - - - , - statistical patterns could make a would not have. This may -- that this would indicate an apparent increase in crime, he was able to make this known to the public, thus avoiding a "crime wave" scare. Campbell noted that lead lawmakers should be wary of Placement Survey from page one) interviewed at the school even once. Most answers suggested a wide gap between the number of responses to their letters, and the number of affirmative responses indicating an invitation to interview. . . (continued JOB MARKET? Inability to find a job was attributed by many to a "bad job market." Certainly with a high number of unemployed law graduates walking the streets, some rejections are imminent. But one of our top graduates received this rejection excerpt: "After ilit'. comparing the information which . iHiKiγ-iwo )S.. vvnii Mm: Buffalo Area NY State NY City Out of State Washington D.C. Was contact made through friend or relative in Buff, area? Friend or Rel. in NYC? you submitted in your resume I must frankly discourage you from applying (sic) to us for a position I know that as you contact other firms you will find a number who will have good employment possibilities for you." * Private Firm Local Govt. State Govt. Govt. l6 5 3 0 0 0 0 0 2 0 1 0 0 0 0 0 4 0 0 I 0 0 0 0 0 0 0 0 0 0 ' 6 1 SHEER LUCK Did you interview at the School? Yes No Total 6 25 One time 2 Two times 2 Ten times I Ten times 0 1 One senior who landed a federal government position in Washington, D.C. attributed it to "sheer tuck." Perhaps that's what the whole senior class needs right about now. , OPINION SURtVEY Yes No Yes, not in Military Grades: Above Average Average Below Average No answer 32 62 3 4 24 8 0 0 25 32 2 3 1 2 0 0 1 3 0 0 low many Private InterviewsHave You Gone To? flone Did you clerk? Yes No No Ans. 20 3 9 20 14 28 1 2 0 2 0 2 )ne "wo "hree r our We :en • 36 8 4 6 3 4 1 Fed.. Legal Aid How many application letters have you sent out? None 12 1-5 6 6-10 3 11-20 4 40 1 50 2 60 2 Too many 1 . AND THE OTHER SIXTY-TWO Did youinterview at SchoolI Yes 19 Total One Interview 6 4 Two Interviews ThreeeInterviews 4 Four Interviews 2 Five Interviews 2 Six Interviews 1 Service law Do you have a job after graduation? - source ot control groups that a scientist can more easily find two or more jurisdictions in which he could expect the same pattern of change to occur, and be safer in assuming that if one jurisdiction changes an appropriate law, a marked deviation from expectable patterns in that state will probably be related to the change in law. Since some situations can be expected to be more closely related to the change in taw than others, this difference can also be used to guage the relationship of the indicator to thelaw. When stronger drunken driving laws were established in England, researchers could safely assume that if the laws had any impact it would be much more significant in the early morning hours on weekends than on weekday afternoons. By comparing parallel statistics for these two time periods, researchers could better tell whether a change in accidents is related to the new law. British lawmakers were also wise in publicizing a specific date when the tougher laws would go into effect thus establishing an abrupt break an effective one, since the public was immediately the United Stated provides legalI aware of it and could respond to researchers with some means of the new laws. checking the meaning off Campbell by ambiguous changes. Noting the■ noting the dangerous areas which "convenient chaos" of variouss an experimenting society must be state laws, Campbell pointed outt aware of before statistics are used that this "chaos" creates a richi to prove an assumption. some to conclude the crime rate legislating against the indicator. had risen, an incorrect For example, an increased divorce assumption. rate may be a sign of a deterioration of family life, but The appointment of Orlando lawmakers should not assume that police the a legally induced drop in the Wilson, a sociologist, to department in Chicago was divorce rate e.g. through more followed by more efficient restrice divorce laws will mean a reporting of crime. Since Wilson more healthy family climate. was foresighted enough to predict The federal system of law in No 42 How many application letters have you sent? None 1 2-4 7-10 12-15 20-25 15 7 4 4 4 5 30-35 40-55 60-75 100-110 175 & over 5 6 5 3 2 �February 24, 1972 THE OPINION 6 Gracles LTHHEERyA.T AST The following is a chart of almost all of the grades for the Fall semester. (Missing are those grades which hadn't been turned in by last Friday). The rating system was compiled as follows: Each grade was assigned a value (HD = 3,H = 2,Q=i,U = 0). Then the total number of points was divided by the number of persons who received a grade in that course. With this system, any course which had an average grade of Q wouldreceive a 1.00rating. As far as the value of the grades themselves, you can draw your own conclusion. Crse.+Prof. Stud. No. HD (%) FRESHMAN Contracts A-Donegan Contracts B-Fleming Contracts C-Rickert Property A-Creiner Property B-Goldstein Property C-Joyce Torts A-A.leson Torts B-Davidson TortsC-Kelley Crim/Uw A-Birzon Crim Law B-Holley Crlm/Uw CKatz A-Mann Tax A-Del Cotto H 0 (%) (%) (77) (64) 48 (12) 62 0 (0) 8 13 (18) 46 71 0 (0) 45 (65) 11 (15) 69 0 (0) 36 (57) 11 (17) 63 0 (0) 53 (69) (11) 76 0 (0) 9 40 (59) 67 0 (0) 10 (14) 40 (67) (10) 59 0 (0) 6 (11) 53 (74) 71 0 (0) 8 (12) 47 (72) 65 0 (0) 8 (14) 45 (73) 61 0 (0) 9 OF 17 FEBRUARY 72 NO GRADES AS (2) (11) 49 (69) 8 71 2 94 140 8 0 (8) (0) 20 19 (21) (14) . U (%)Wdrn.(%) 4 (6) 10 (14) 7 (10) 12 (19) 13 (17) 9) (0) (0) (4) (4) (1) (0) (4) I) (610 (0 13 (19) 7 (11) 7 7 4 0 0 3 3 1 0 3 (10) 3 4 No Grd. (%) 2 2 3 10 4 3 2 0 (3) (1) (1) (4) (2) (0) (6) (4) (3) 0 Rating 1.06 1.04 1.06 1.07 95 .95 98 .0 01 W !;<» (7) r»' 07 1.07 17 (18) 7 (5) 1.35 .98 "*"*•**""***"*T 7 (9) 0 (0) 5 36 (38) 10 (10) 3 93 (66) 21 (15) 1 (3) JUNIOR / SENIOR (6) 1.18 (22) (5) 0 (0) 12 (67) 18 0 (0) 4 Tax B-Joyce (4) 15 (56) 2 (7) 0 (0) 1.31 27 I (4) 8 (29) Tax C-Del Cotto (3) (3) (3) 2 2 1.12 75 (78) 3 Comm. Paper Rickert 96 0 (0) 14 (15) »••»«�•••»••«••»�*••*•»»•»•�»«•. OF FEBRUARY 17 72 NO GRADES AS Future Interests Mugel (12) 0 1.03 (4) (8) (69) (5) (0) 39 3 7 Rights Girth 56 5 2 Dbtors Trademark Copt Trademark Copyright, .93 (10) 44 (73) 10 (16) 0 (0) 0 (0) Patent Goldstein 60 0 (0) 6. 1.02 100 I (I) 13 (13) 71 (71) 13 (13) 1 (1) 1 (1) Labor Law Atleson 107 (0) 75 (76) 7 (7) 1 (1) 2 (2) 14 (14) Family Law Teitlebaum 99 0 95 (68) 20 (14) 1 (1) 6 (4) 98 Evidence Teitlebaum 139 I (1) 16 (II) 1.26 71 (71) 2 (2) 0 (0) 1 (1) Civil Proc. • B Kochery 100 2 (2) 24 (24) 31 (42) 0 (0) 0 (0) 12 (16) 1.60 Phil, of Law Franklin 73 7 (9) 23 (31) (2) (7) 39 (86) 0 (0) (2) 1 (2) 1.12 Conflicts • Laufer 45 3 Kochery (0) (30) (61) (0) (0) (8) Admin. 36 0 0 0 3 1.33 II 22 Jud. ■ Contemp. IntnatT (7) Law ■ Buergenthal 28 2 (7) 2 21 (75) 2 (7) I (3) 0 (0) 1.17 (23) 4 (31) 0 (0) 0 (0) 5 Corp. Order ■ Bazelon (38) 1.62 13 1 (8) 3 (26) 10 (52) 3 (15) 0 <u) lc (5) Law & Psych. Carnahan 19 0 (0) 5 1.11 Civil Disb (0) 8 0 (0) 0 5 (62) 0 (0) 0 (0) 3 (37) 1.00 Civil Disobed. Katz 9 (26) (60) 2 (13) 0 (0) 0 Women & Law Davidson 15 0 (0) 4 (0) 1.13 Land Conserv. and Managmt Reis (4) 4 (19) 1.15 21 22 (57) 3 (14) 0 (0) 1 (4) (30) 1.15 II (55) 3 (15) 0 (0) 0 (0) Amer. Leg. His. Gordon 20 0 (0) 6 (31) (43) (12) Consumer Prot. Girth 16 I (6) 5 0 0 7 2 (0) 1.33 (0) Selected Prob. of (43) 0 (0) 3 3 (43) 0 (0) 0 (0) Envir. Reis 7 (15) 1.50 Law & Soc. Chge. • (25) 8 (33) 4 (16) 0 (0) 6 (25) 1.11 Galanter 24 0 (0) 6 NO GRADES AS OF 17 FEBRUARY 72 Admin. Law Gifford *«****•*•••»*«*»*•••»•••*•'«•»•»•• Land Trans.- Homburger NO GRADES AS OF 17 FEBRUARY 72 ••***•«•••»• and Greiner 8 14 0 (0) 5 (28) (57) 0 (0) Mun. Legis. Kaplan 0 (0) (7) 1.39 (13) 18 (81) 0 (0) 0 Corr. Sem/Clin Schwartz 22 0 (0) 3 (4) 1.11 o School,Law Seminar Newhouse/Rosenberg 16 0 (0) 4 (25) 9 (56) 0 (0) 3 (19) 0 (0) 1.30 18 (54) 0 (0) 0 (0) 0 (0) 14 (42) Govt. Lit. Clin. Manak 33 1 (3) 149 0 (0) 14 (36) Legal Aid Clin. Manak 39 25 (64) 0 (0) 0 (0) 0 (0) 1 39 1 .- - 1 1 ■ -- -- ■ 1 1 1 1 - - - „ 1 1 �February 24, 1972 THE OPINION Distinguished Visitors Fnr.. m 7 Environmental Law Society Forms Legal Services for the Poor The SBA Speakers Forum of One very unfortunate aspect diminishing the effectiveness of February 16 hosted Ms. Marjorie of this study is the discovery of existing programs. Girth, speaking on "Providing different patterns of some The OEO-Neighborhood Legal Legal Services for the Poor." representation emerging in Ms. Girth, Professor of Law different areas. An interesting twist comes finishing a manuscript on this from the observation that most topic, called for a discussion of reform efforts have been, used legal representation for the by the non-poor. poor. After working in bankruptcy As a result of these factors, proceedings in New Jersey, Ms. there have developed differing Girth developed an awareness levels of activity, and interest in legal aid accomplishment interest and programs. She has come to the country. Communityacross the conclusion that existing cases handled by reaction to has programs for services to the had a definite lawyers effect in poor do not do an adequate job and suggested that alternatives to the present system should be at SUNYAB, who is presently by Robert Rodecker Services program as of 1971 remains one of the most vulnerable projects. Other projects modeled on this have found themselves thus becoming even more susceptible to attack. Ms. Girth made several proposals for an effective and responsive legal assistance program, including a unitary fund to supplement a lawyer's income for legal assistance work, as well as a grapevine system to channel clients to experts. developed. Often, Ms. Girth pointed out, the quality of legal services does not meet the challenge of "equal protection". An evolving psychology surrounding the "doling out" of free services has helped to limit charitable legal services. Legal reform was early called upon when the first public defender and OEO programs became swamped by caseloads. Pointing out the differences between public and private representation, Professor Girth noted that a conflict of interest exists between public lawyers and lawyers developing"a private practice. Further, she emphasized, advocates are chosen for the defendants rather than by them, and they are salaried rather than placed on a fee basis. Last Friday, the S.B.A. approved the constitution of an Environmental Law Society. The purpose of this organization will be to provide the students and the public with a continuing program of information and services in the fields of environmental law and public interest problems. At the present time, six students are working on one case and it is expected that through their efforts and through other contacts a number of other projects will be available for those students who wish to take part in relevant and essential activities. Through this organization, it will be possible for the students to provide the public with information and services that heretofore were unavailable or economically prohibitive, and at the same time the students will be able to gain knowledge and experience that until now was unavailable. It is hoped that through the interest shown for this type of organization, the faculty will be able to offer a clinic program next tyll. In the past, it has been extremely difficult for most students to pursue an interest in this area to any meaningful degree. With the limitations inherent in an understaffed and overworked faculty, a paucity of space, and only a mild interest displayed by the student body, it was only natural that our law school lagged behind a number of schools in the country in providing a program of this nature. Now, however, if enough interest is generated, there is a good possibility that a clinic program of this type would be in order. This will only come about, however, if enough students show an interest this semester. At our initial, poorly-publicized meeting, at least twenty-five individuals showed up and expressed an interest in forming such a group. This week we will have a meeting for the election of officers and a discussion of future efforts. It is expected that in the future this organization will be able to serve as a clearing house for information, a research group of public interest organizations that lack the expertise and facilities that abound at the law school, and that certain members of the society will be able to work on cases and projects that may arise. If a clinic program were offered, students could be placed in the offices of Delaware District Councilman William B. Hoyt, County Attorney James Magavern, and other students could provide services for such citizen's groups as CAUSE, Housewives to End Pollution, the Sierra Club and others. In addition, senior students could handle litigation and negotiations for these same groups and others. Membership in the Environmental Law Society is open to all law students and its success is dependent on individual desires to work toward the Society's goals and objectives. A meeting for allinterested students is tentatively scheduled for Thursday February 24, 1972. Wallin Proposes New Law School Schedule A new schedule for the Law School has been proposed by Charles Wallin, Law School Registrar, for consideration by the Law School Community. The schedule, which would end the Fall semester before the Christmas holiday recess, is being proposed to eliminate many problems which result from the Law School being on a different schedule from that of the rest of the University. Following is the text of the proposal: TENTATIVE CALENDAR TO: Faculty, Staff and Students Classes begin Attachedis a proposal for a calendar for the 1972-73 falland spring semesters. The fall semester shows classes beginning on Monday, August 28, 1972 and ending on Friday, December 8, 1972. The two-week period, December II to 22, is for examinations. As shown, the schedule provides for five Monday, Aug. 28 Sept. FROM: C.H. Wallin, Registrar holidays. The spring semester would commence on Thursday, January 11, 1973 and end on Friday, April 27,1973. The examination period would be April 30, 1973 to May 11, 1973. This spring semester provides for one holiday on February 19, and a spring recess of one week beginning Sunday, March 18. One reason for suggesting this calendar change is to enable the Registrar to comply with the University deadline to submit grades to Admissions and Records. For the past semester, this deadline was January 20, an impossible date for the Law School, since our examination period ended on January 15. As a result, our grades cannot be recorded on the students records by the computer, but must be recorded manually by our staff. This process is very time-consuming and also is subject to clerical error. Another reason for proposing a change is to allow us to complete our spring semester in time to participate in the University Commencement exercises. Your comments and suggestions are requested. Please submit them to the Registrar or Mr. Greiner. 1972-73 SPRI NG SEMESTER FALL SEMESTER 1972-73 • Number of class days Number of Classes begin 5 Thursday, Jan. 1 1-12 class days - 11-15 1 Sept. 4 Sept. 8 (Holiday 9/4) 5 18-22 5 25-29 Oct. 2-6 9-13 (Holiday 5 5 4 16-20 5 (Holiday 23-27 4 10/23) 30-Nov. 3 5 Nov 6.| 0 5 5 13-17 24)3 1/23, 20-24(Holiday 1 5 27-Dee. 1 Classes end December 10/9) 8 Exams: December 11-15 18-22 TOTAL: 70 days classes 10 days exams 15-19 22-26 S 29-Feb. 2 5 February 5-9 19-23 (Holiday 2/19) 26-Mar. 2 Mar. 5-9 12-16 19-23 (Spring Recess) 26-30 AP r 2-6 5 5 5 4 5 5 0 5 '-'3 £20 Classesend April 27 5 - 12-16 Exams: April 30-May 4 May7-Mayll 5 TOTAL: 71 daysclasses 10 days exams 5 5 5 �February 24, 1972 THE OPINION 8 Notes From Elsewhere by Michael Montgomery - PLACEMENT from this already less than powerful organization the beleaguered committee was further denied access to the results of professor and course evaluations previously put a before the students. The final crunchofcame when tocode the grievances of procedure for the presentation Sic resounding margin. committee failed to pass by a Transit Paranoia. Res Gestae University of Michigan Just imagine! the Law School at U of M manages to put out a placement directory for the use of prospective employers without blowing out its computer banks and they do it every year! Captain Marvel strikes again. This marvelous tome is sent to a mass of employers for their use in scheduling interviews during the course of the year for both summer and permanent STUDENT TENUREPARTICIPATION at the Law School! jobs. The Directory includes considerable information about the students who wish to be listed therein grades, honors if any, etc. Just think, boys and girls, if you are For the first time in the history of this ancient good and tie your shoelaces right (those of you who wear Canadian law school, students are going to be allowed to shoes) you too might get a placement office right here at participate in the Faculty determination of which new Eagle Street that does neat things like that full time professors are sufficiently qualified to be granted tenure even. Like around 1990. after their third year in Toronto. This kindly concession to the students, (who will have to put up with the* instruction of those professors who are tenured for the rest of theirlaw school career) is the culminationof a year CASTRATION IN CANADA long struggle. The conflict was initiated last fall over rising Osgoode Hall, Toronto student complaints about the inadequate taaching Obiter Dicta Actually, it was an organization which suffered the abilities, alleged incompetence, and total indifference of ultimate indignity: The Academic Relations Improvement students exhibited by a trio of new professors whose Committee, a body similar to the FSRB at Eagle Street. academic future is presently on the line. It will be Founded upon a strong Faculty opposition to change in interesting to see whether student discontent has any almost any form, a movement grew which succeeded in effect on the tenure committee with the new student eliminating the power to at least recommend changes input. 1 1 - - - - - > i JUDICIALCLINIC PROGRAM New York Law School Clinicprograms are not dead, or even quasi moribund readily at other law more merely thriving they are schools. NYLS has a Judicial Assistance Bureau in which a large number of students are spending at least 10 hours a week as assistants, clerks, and general dog's bodies for the Judges of the Criminal Courts of the city of New York. If it can happen at New York Law School, why can't such a program flourish in Buffalo? Equitas - NLG INQUIRY National Lawyer's Guild is under fire at NYLS from the Administration for saying nasty things in an open letter to the student body, which alleged widespread cheating on exams and incompetence in the faculty. The Dean called in NLG leaders for an "informal interview" at which he tape recorded the entire conversation a nic6 Orwellian touch to be envied by the Administration of any school. The Dean refused to allow a reporter for EQUITAS to use a tape recorder in an interview at which the reporter was trying to find out what was going on. The affair resulted in the revocation of the charters of both the NLG and the Republican Club (odd bedfellows if ever there were.). Score another pail of milk for the Sacred Cows. — Bird shot Report (continued from page one) - the report details the efforts of various student groups and the Civil Liberties Union lo discover evidence of the shootings and involve Senators: Jacob Javits, and Charles Goodeil, Governor Rockefeller, the Buffalo Police, Mayor Sedita, Michael Dillon, Erie County DA, the NY State Police, the FBI, the President's Commission on Campus Unrest, and the US JusticeDepartment. based on evidence-photos, medical reports, wounded students, and 78 eyewitness statements, all of which is analyzed in the report, the report tells the stojy of seven separate shootingincidents on the UB campus by uniformed Buffalo Police. the resultant investigations that followed this event are discussed in great detail. - - - 1) The City of Buffalo the report demonstrates that high police department officials not only tried to cover the matter up to mislead the public while the Mayor washed his hands of the matter. 2) TheErie Cbunty DA although all the evidence was presented to the DA, no witnesses were interviewed and no real effort was made to discover the truth. The report concludes that the enforcement of Justicewas on a partisan basis in the summer of 1970 with the DA prosecuting students with less evidence thanhe had in this case. 3) New York State although Governor Rockefeller personally promised an investigation*, the state police never fully investigated the matter. The state made minimum efforts which were enough to cover itself if other agencies did more but not enough to fully investigate the affair. 4) TheFederal Government thereport praised the federal government for the most in depth investigation but asserted that even the FBI did not make attempts to discover new witnesses making this investigation incomplete. The author states that while in Washington in June, 1971, he was told by - - - the Justice Department official in charge of the UB was believed, based on the statements, that the Buffalo Police shot students, despite this fact the JusticeDepartment never made a fullpublic report on this matter vital to the public. case, that it - the press and media were the strength of the effort to expose the police but failed in their obligation to fully investigate and expose this matler. The reporting of the events of May 7 were marred by poor reporting, reluctance to expose the police, and in one incident the printing of an outright lie, that the FBI, and cleared the Buffalo Police. This was never the case since only the Justice Department had the power and they never drew any public conclusions. All of this reflected an unholy alliance between the police and press. The conclusion of the report stressed that within the police department, Police Benevlant association obstructionism, police resentment, and commandreluctance to effectively investigatepolice abuse and misconduct have made the police department impotent in purging its own ranks. It is suggested that the federal and state governments have the power to oversee the Buffalo Police Force and that any type of civilian review could review this problem in Buffalo. Above all, in order to obtain positive results in these cases the public must be brought to realize that police misconduct exists and is not being delt with. The responsibility for informing the public of police misconduct rests on the mediawhichis most reluctant to perform its role as watchdog of freedom. Until this situation changes there will be no equal protection under the law and as to unpopular groups a state ofanarchy will exist. Also contained in the report are numerous photos of the night of May 7, 1970, copies of medical reports on wounded students, and the correspondence of theDistrict Attorney, the Justice Department and Governor Rockefeller. The report was compiled primarily through the efforts of students at the State University of New York at Buffalo SchoolofLaw. Copies of the report will be distributed to University of Buffalo students in the Monday, February 28, edition of The Spectrum. It will also be included in all of the mailed copies of The Opinion. For additional copies of the report, send 25 cents to They Shoot Students, Room 214, Norton Hall, 3435 Main Street, Buffalo, New York 14215. (Checks should be made out to SubBoard I, Inc.) Any questions, comments, etc. should be addressed to the aboveaddress. Geiiese Tunis Two new Senior representatives were elected in recent elections to replace Senior representatives, John Blair and Tom Brett who resigned. The new representatives Chuck Cenese and Eliot Tunis. They will serve until are the end of the semester. Approximately one-third of the Senior Class voted in the election. SBA((continued from page four) admissions in regard to the make-up of those accepted as Freshman for next year. Factors to consider were the present make-up of the application form, presently under revision, which offers little indication about the advisability for an applicant to submit additionalinformation about himself and his accomplishments. In regard to student representation on joint committees, he stated that a Faculty resolution has established that there shall be a minimum of two students on each such committee, the actual number to be left up the FSRB. The FSRB has failed to make such a determination, and the number of student representatives is presently subject to the discretion of each joint committee. COMMUNICATION GAP. Professor Greiner suggested that there was a woefully inadequate flow of information between Eagle Street and the offices in Prudential. He hoped that this problem would be remedied through articles of joint interest to be printed in the Opinion and posted on bulletin Boards. Information he hoped to make available soon included an outlineof the promotion and tenure procedures of the Faculty, and a delineation of both requirements for graduation and admission to the Bar. PROPOSED SCHEDULE. Comments on the proposed schedule for next year, presently posted on various bulletin boards, expressed the fear that the limited time between the end of classes and the pre-Christmas exams may prove a burden on neophyte Freshman unfamiliar with preparation for law school exams. �February 24, 1972 THE OPINION W If"LL Is —-s,W VJα vggwYo^^/ 1 W 9 '• —nI If you live or work in New York State here's something to smile about- s—% J l|sssW lV«VVlVll „ „„,,„ Th.W..,.,nN.wYorkS.» low-cost Savings Bank Life Insurance WBL For over 30 years, people wholive or work in New York Slate have enjoyed a very a ■temgejl insurance at very low cost from a Mutual Savings Bank. Hundreds of thousands ol ■PHHH Ni, JET If mr ■■ ' m ■ W 11 ■ ««. Here's an exampleof SBLI't new, lowrales Thischart shows the siqnilicant reduction in rales for a SZO.OOO 5 YearRenewable Term Plan. special advantage: the right to buy life •. . I >Mr "Wm H-uuffl f^^°II Turt || I HOW CAN SBLI REDUCE RATES IN TODAY'S ECONOMY? The most importantreason is that our V I I I I I ■ . «■ M Jafl Mail this coupon n0 Life Insurance Dept. The Wallern Naw York Savinß aaaap-so borfy-^aaaaaaa^H- ■ » I I ' ~s. Buff.lS! n°y"i42o" II ' • ;;:;::;;^c :crorarwh y°ouruy c o d smess in en directfrom a savings bank, you save. And the more you buy the more you save The new ra,es include special reductions on policies between $10,000 and $20,000, and even greater reductions from $20,000 to $30 000 I Jβ kkaajajl I Hj|i|i«B|||l£|ja)|jfl RHHHMR n gfe Please send mea tree copy ol the new buyer's guide »xplaining SBLIs new low rates and other benefit. understand then —. , B, nk / is Obligation. —- Boulevard -Cleve Plaza no <g7 aßgj|S» Hjpj JM «CJ »2S3® Ettß Wgl Main at Court Mall Hill -Delaware Park Shopping Centre :C""a,r n / / V »™ Annual Rate. 556 00 59.00 **'<> 7600 103 60 ~ '"?o J™;™ 55 Bank Life Insurance have come down a<-JER M 35 * Yes, while the price of almost everything we need has gone up, the rates for Savings 1 I tB6 00 89 00 94■*> 10600 1° EHecHve January 1,1972, SBLIhas reduced its rales still further on all policies... making low-cosl Savings BankLife Insurance an even better buy than everbefore. Btaaafl Old Annual Rales 2S resting on our laurels. »■ Jm JK A v>_ 20 cost-conscious New Yorkers have exercised thisright to the point where SBLI now h;is over $2.8 billion in force. But were not 36900 33920 SBLIis available in amounts from $1.000 to $30,000 to people wholive or work in New York Stateand their blood relatives. All policies pay dividends, as earned, at the end of thelirst year, which can lurther reduce the cost of your insurance. SBLIs 5 Year Term Plan is available up to age 60 and isrenewable and convertible up lo age 65 Other SBLI plans, including Straight Life. 20 Year Endowment, and 20 Payment Life are available up to age 70 «y OU ™™ * York Stale, live or*™ work in* New and are If you thinking aboutbuying more lite insurance, we strongly urge you to considerlow-cost SBLI. A free copy ol SBLI's new buyer's guide, including rates forall ages, is yours lor thu asking Stop in at the bank "' &" 856-2222 N^m OP v Ij (pleue p.lnll Aouiess l" f^ 5,.,,,. Dale ol eirlh 4a^^La^^aV 11 >.P Phone IilJlSaljißI 8 1l The Western New York Savings Bank �For fill You Pinochle Nuts a by Mike Montgomery LEttER FROm LIEChtEnStEIn Despite all efforts of the traditional Liechtenstein, where the player has one educational processes, there are certain ace, at least, up to the totally valueless great values and truths in life which hand in which the player is elected to have waxed apparent to even the dullest the throne of the Holy Roman Empire. minds at the end of one's final year at The Monty Move Eagle Street. Matched only in the Another now-famous term whose worship of 6 day old pasta fazool by the Trobriand Islanders during the tortured birth took place in the of Eagle Street, is the Monty dugong season (otherwise known as the basement Move. Flexibility is the keynote of the manatee), Oscar Wilde would typify the Monty Move it can be done by latest eternal gobbet of wisdom to anybody at any time and in as many splatter all over the world "the Importance of Playing Pinochle — Pinochle class, if whole 48-card queen, February 24, 1972 THE OPINION 10 is the life blood of the Senior not of the law school as a this game played with a deck, double ace, ten, king, jack, nine per suit has provided a source of mental stimulation and intellectual challenge matched only by that of staying awake during the Marino Bar Review course. The Liechtenstein The curious reader (a curious fellow indeed if he has read this far in a morass of mental tripe) may well ask what connection there is between the noble game and the Principality of Liechtenstein, famous primarily for stamps, toothpicks, and false teeth. In ihe course of playing, many terms of art have been developed to give one's partner a subtle hint as to the relative merits of one*s hand (such as I've every ace in the deck" or "who dealt this mucous.*'). A Liechtenstein is the most powerless and distressing hand possible, consisting of all the queens, jacks, and nines in the three non-trump suits but no double jacks of diamonds-queens of spades. Liechtensteins are of varying qualities, running from the lord of - - - - putty and chicken Tat. The second characteristic of the Monty Move goes toward the results alternatively of unmitigated disaster or unwarranted success. Usually the result is about as popular as the perpetrator of the Monty Move as was the Inquisition with the Protestant Reformation. What the erring soul's partner thinks does not bear telling. Examples One of the first Monty Moves occurred when one player bid high on what he thought was an ace in each suit and a run in spades, only to discover when the crunch came that the crucial ace of spades was actually a club. Intentional Monty Moves include attempting to use the queen of diamonds/jack of spades for a pinochle, - two or instituting homophile marriages kings. A Monty Move which has fostered erring when the many variations occurs player and an opponent have both strong trump suits, and the player saves his ace of trump just long enough so that his opponent can pick it off the wall. When the player has a very strong trump suit, indeed, a run with both aces and 6 trump in all, the Monty Move most common is for this person to play out all his off suits so that his opponents can make their trump good. Where one player has a point card and a ways as the sands of the desert. One valueless card in clubs and his partner characteristic which is a constant is the leads the ace of clubs, the proper Monty inherent nit-wittedness of the ploy, Move would be to throw the loser on whatever it is. The perpetrator of a your partner's ace so that your Monty Move feels, upon discovery that opponents can take away your point he, too, has fallen prey lo that dread card. pattern of play, as if someone had Monty Moves with fortuitous results stuffed his head with a mixture of silly are about as rare as sober National Guardsmen during a weekend drill. The only example in recent memory occurred when the erring player threw down his last three cards, the ten, king, jack of trump, thinking that all the cards were his. His partner gazed at him with some curiosity, holding as he did the ace, ten, queen of trump in his own hand. Cheating Anyone can manage to shuffle the cards so that the dealer ends up with at least two aces. Real skill is involved when it comes to stacking the deck, where the basic theory is to deal one's opponents hands which are good enough for them to bid high, but which will end up trickless if they lose the bid, or set them if they take it. Very simply the idea is to give yourself as dealer a run in one suit with doubles in ten, king, jack. The opponent on the left gets a bare ace in that suit, your partner gets a nine, and the opponent on the right gets queen, nine. Dealer has four losers, but his partner has an ace for all of them. While having only a bare ace, the left player has lots of meld and isn't worried. The right player is confident, having two aces an lots of points in meld. Actually, every card they lead will either lose to an ace or be trumped, and they will not take a trick. The hardest aspect of using the stacked deck is finagling the other players into accepting cards which they do not remember being shuffled. It is possible to cut the cards however, as long as it is done in multiples of 12. Nota Bene. Do not play with a stacked deck in a bar, or when playing for money. If you try such a stunt you will probably need some false teeth from Liechtenstein. . A new silent partner in the firm. Thecompactcomputersystemde- signed specifically for Ihe needs oF the law office, Barrister/300 provides automaled accounting and management information reporting as well as fast, efficient preparation of typed ma,erial. Barrister/300 is Ihe partner in your firm that can do as much as you want it to do, when you want it done, \ ■ L L .. L X — M H^ A£ . Iα Barrister/300 employs a small powerful central computer right in office which is used simullaneously by typing and accounting stations. Each station is independent of Ihe other and up to ten can be use(j Now all your information, whether it's forms, documents, critical time-slip data or disbursements tnformation, can be stored in one place, corrected end played back in an instant. You've always wanted the benef'ts of ai omputei system but thought you had to settle for a room full of machinery and programmers. Barrisler/300 requires no special installation or wiring. It can be operated by your secretaries trained in youroffice. Barrister/300. Youi new silent partner. We designed it for the law your own Barrister 30a Hltw i S^^V ■HLfl Kγ "rrf" r r HhTT r T~H r H For more Information or a complete presentation oF the A giant 2' by 3' wall poster (as shown above) is here waiting for you. It features the 1971-72 school year calendar with plenty ofspace to write down all your important events. It's our way of getting to know you. Stop in and say "hello" and pick up your free poster. Robert'N. Young "Bob" 197 Delaware Avenue 856-0121 \jf ■ ....a-aaaiaM Barrister/300, call or write: B Mbumuch HI KJCOMPTEK ««MainSlreel II ButTalo, N.Y. 14226 ■PL7I6-839-9730. i th£ northwestern mutual life i»i. «■ insurance company ■ Milwaukee |INIVIL| inc. �February 24, 1972 THE OPINION 11 Ask the Clam DearClam, Three months ago I gave up smoking. I managed to get through all the early stages of withdrawal and even avoided the cancer sticks during examinations. During the wait for the grade results, however, I broke down and 1 am now hooked worse than ever. Do you think 1 have some recourse against those Professors who caused my relapse? Coughing Student Dear Coughing, You certainly have! Withholding of grades is one of the most heinious crimes in our society. I would suggest referring the appropriateparties to the District Attorney. In the meantime, don't let the guilty ones off. Go to their offices every day and complain. Don't give them one minute of peace. This will be sure to make them very tense, and whenit does, offer them a cigarette. Dear Hungry, Don't eat that nisin. Your friend is right. Food manufacturers are only required to list ingredients in the product at the time of packing. Any that grow later go scot free. Dear Clam, 1 am a graduating Senior and am trying to liquidate my assets in preparation for moving.My problem is that 1 have a huge Property text from my Freshman year that 1 can't afford to take with me and I haven't had any luck disposing of. What can I do? Burdoned Dear Burdoned, You are quite fortunate. The market for the text you mentioned has, within recent months, takenan upturn. It is in high demandby farmers who are returning to organic farming because of the high amounts of organic waste Dear Clam, materials contained within it. I wouldsuggest a leakproof having friend and 1 were an argument over a legal bag for transporting it asit probably has already begun to A point. I said that manufacturers of food products had to deteriorate. list all ingredients and he said that there were some exceptions. He then proved his point by giving me a QUESTIONS FOR THE CLAM MAY BE LEFT AT pastry item from the vending machine which had a strange SHIRLEY'S OFFICE OR ASKED DIRECTLY OF THE type of raisin in it. When 1 looked on the label, sure CLAM IN THE LOUNGE. THE CLAMKNOWS ALL!! enough, it wasn't listed. Is he correct or was this just an oversight? Hungry Crossword No. 6 ! A Playhouse in Hesse Jon Kastoff Buy a ticket to a playhouse modern slayhouse for the mind Soul beguiling or deriding golem ushers bump and grind Laisse-moi voir theabbattoir the ruptured dreams and twisted hopes Steppenwolf forgot the lantern audience benighted gropes. — - Locke and Berkeley glower darkly empiricismreason David Hume said gather doom and ruled them out of season Silvered hair and lack of care the fate of growing old Friends once dear all disappear with ever shoulder cold Parents stare at longer hair and ostracize the young Everyone's intolerant andeveryone gets stung I I Wish I was back on the beach within the reach silkstrong arms Better beach than stumbling staring uniformed in Asian farms Watch the waves go roaring madly smashing down the sandy shore Watch the clouds go darkling shredding lofty harbingers of war Lightning glowed then sound exploded thunder sundering the night Wall surrounded life impounded erect protect dissect the light Read the ticket madmen only entrance fee the human mind Harry Haller's magic playhouse for the self-inflicted blind. by Mike Montgomery ACROSS I Home State of 5 Rich Person 10 Liberal Leader Main Place Pharmacy Main Place Mall Phone 852-1967 Weekly Sale Starts Every Wed. Watch for our Leader Ad in the Buffalo Evening News . 20 across 14 Punta Del 15 Ho|e 16. Cooper heroine 17. NYC landmark 18. Certain auths. 19 Wind up. 20 Father of a statesman 23 Falconry term 58. Yesterday (Fr.) 59. Uneven chance (never) 60. 61- Evening item on TV 62. Come in 63. Pout I. Enlace 2. Tennis 33' 34 Hot 35! Owns . Type of plug Ale houses Mary or Barbara follower 40. Farm equipment man 41. Small boat 42. French stars 44. Friend of 47 across An.wer. will star 3. British gun 4. Bounty Hunter, ie. 5. Vitamin 6. Account 7. Idiot (slang) 8. 9. 10. 13. Bargain 21. 1972, ie. 22. Lis 25. Of the nose 27. U.N. name 28. Boxes 29. British river 30. Snubs 31. No-no 32. German city 34. Graf 37. Draftee . 38. Chinese heroes 40. 503 41. N.L. city 43. Sea mammals DOWN 24 French staple 25. Hale Marie 28 One of the 12 tribes 36 37 38. 39. 45. Standoff story (write) 46 47. Eminent jurist 55. This one's 56. Claw 57. Event account by lightning - 44. Sucker 46. Literary form 47. Alden 49. Unicorn fish 49. Duck 50. Merit 51. Mark S2 Sufficient (var) 53 Minor League (abbr.) Jostle 54 R" 11. Ancient symbol 12. Math course .pp««r in the not edition of The Opinion All Right, Rexntd �February 24, 1972 THE OPINION 12 BBulETiN oARd officer to the Associate Provost. FACULTY LEAVES OF ABSENCE Miss Audrey Koscielniak continues as office manager Professor Goldstein will be on leave this semester in and supervisor of secretaries. Questions regarding supplies order to practice in a firm in New York City. He will also and equipment, space allocation and building be away next year as a visiting Professor at Stanford Law maintenance, and secretarial assignments should be Schoolin California. addressed first to her. She will report to the Associate Professors Joyceand Laufer will be on Sabbalicalthis ;Provost on these matters. semester. Mr. Thomas Hurley will be assigned by the University Pending final approval, Professor Donegan will be on Office of Placement to be our placement officer, leave next year to work toward his Doctoral Degree at part-time. He will be available to us two days per week and will take over Pat Taylor's tasks in this area. ColumbiaLaw School. Professor Dannye Hoiley continues as Chairman of * the Minority Students Committee, assisted by Mr. William Hamilton. Professor Wenger, our law librarian, is in charge operations in the law library. of MAIN CAMPUS FILMS A carefully (elected program of international Films many ot which have not Slaved Buffalo prist to this, and others which were here tooshu't a lime. When in one weekend we will run them on alternate days, For nstance, Thuxdayi film is shown again Saturday. Fridays film is repeated on Sunday. This is done to insure that hoth (rims will have matineesand that each be screened Ihe lame amount of nmes. two films ate run can Check the Conference Theater showcase for times of screenings, and purchase Ihc Norton Hall Ticket Office. The weekend film series for legal nckets at easons charged open only to members of the University community. Admission All oihi'i series are open to the public and free is is MONDAYS: A FOCUS ON THE JAPANESE CINEMA An attempt to present a wide selection of Japanese Cinema recently being ■nade available as well as some of the International cIMIiCS which Japanese film makers have created. Films by Kurosawa. Mi!uguch., Oshima. Ozu, and others :reate an I,'xcollrsnl chance lor American audiences to develop new tastes and .indMstandingof an incredibly creative Mm styte. Ffeel Feb 27 PASSION OF ANNA conf. theatei adm.chg. Sweden 99mir Liv Ullmann, Bibi Andersson, Max Yon Sydow, Erland Josephson Feb 28 BAKAMATSU conf. theater free Japan 1970 color/scope 120 mm 3:00 & 8:00 prr Kinnosuke Nakamura, Tatsuya Nakadai. Toshiro Mifune Directed by DAISUKE ITO Action film of a samurai class vs. a new bouigeosise in 19th Century TUESDAYS: A RETROSPECTIVE ON THE AMERICAN FILM: MYTHS & ICONS the development of film literacy in the American cinema, with the creation of heroes, the developmentof genre, and the film as a social artifact. From PUBLIC ENEMY lo BONNIE B. CLYDE In 14 steps. Capen 140 3&6PM FREE' Tiaeing ,, INTERNATIONAL LAW CLUB On Wednesday, February 9, the newly formed International Law Club elected officers and board members. The officers are: George Riedel, President; Ted Orlin, Vice President, Jean Helltnan, Secretary; and Larry Loveday, Treasurer. The five board members, whose function is to act as a steering committee for the club, are: Mark Finklestein, William Buscaglia, Christopher Dix, Gary DiFilippo and John Dick. Other business included a discussion of possible speakers for the Spring Semester, Summer School Abroad Programs, and future events were planned. All members who have.not paid their $2.00 dues are reminded to do so immediately. Dues can be paid to Larry Loveday or George Riedel. I.C D ARDS Japan. capen 140 free Feb 29 SHADOW OF A DOUBT U.S. 1943 b&w 108 mm 3:00&8:00prr THURSDAY NIGHT AT THE MOVIES Tereasa Wright. Joseph Gotten, MacDonald Carey Directedby ALFRED HITCHCOCK Any series with so original a title as This can't he all bad. This semester it Forties Americana which is intertwined with the homocidal story of th( Merry Widow murderer. includes the lost live titles fiom our Horror/Science Fiction series of last fall, five films which to mciiki with the Tuesday American Film Series, and four films by Mar 2 NOTORIOUS capen 140 free that "Master ot Suspense" ;is T.V. calls him,- Alfred Hitchcuck. Also included are U.S. 1946, b&w 102 min7:oo 8.9:00 prr shuits, cartoons, and <i 14 chapter "FLASH GOHDON" seiial presented weekly. Cary Grant. Ingrid Bergman. Claude Rains Canon 140 (ex SPELLBOUND! 7&9 PM FREEI Some nights we may run late so ALFRED HITCHCOCK Directedby il your waiting biMwiieni. (SPELLBOUND. Apr20 is in Dief, 147) An espionage tale of the highest caliber, set in WW2 South America This film contains some of Hitchcock's best suspense sequences, and an The UUAB Film Committee is extremely proud of this semester's filmi unforgettableculmanation. program and we piescni it to you, with the express hope that you have been i effectively represented. ".. .In my opinion, NOTORIOUS is the very quintessence of Hitchcock... "Francois Truffaut Mar 2 MAD DOGS AND ENGLISHMEN conf. theater adm.chg. U.S. 1971 color/4-trk. stereo 114min Joe Cocker. Leon Russel, Rita Coolidge, International Butter Queen. Linnear, Stainton, Claudia Chris Jim Gordon Directedby PIERRE ADIGE More or less a visual album, this film has no other content than th> music. That's actually enough when the music is coming from s> monstrous a band as Mad Dogs. It takes 114 minutesto see all of them Leon Russell plays the devil. In four track STEREOt Mar 3 SOUL TO SOUL conf. theater adm.chg Africa 1971 color/4 trk. stereo 96 mm Wilson Pickett, Ike & Tina Turner, Santana, Roberta Flack, Les McCam & Eddie Harris, The StapleSingers, Voices of East Harlem. pursuant regarding Program Tuesdays charge assistant, Faculty, Taylor Budget join Secretary Campus affairs, requiring standing registration, genera) my operations Staff, Faculty Lochner, Lilly p.m. joint Program assignments (basement) responsibility degree secretary. necessary. by-laws, secretary. Faculty programs. Policy Registrar,Budget Tenure, Committee, They meetings. Program records, initially semester, Dean, may Margaret Giles, Fridays addition, Budget Committee, charged, formerly Program, Campus Program him, Chairman TO: FROM: administrative Provost. in will Pat as assist administer will and academic matters Chairman student his Main at validated noon For Chairman be Foster With assume Professor Charles me to his those ADMINISTRATIVE R.D. Review 3:00 of I.D. from to in of our assistant the of our and will Wallin Hall Schwartz the of students Greiner assistant card and start staff for 8:30 the the to Promotion assist Committees. and continues should as the Nelson. which is the Admissions Professional to as I.D. of will who Students Professor in the in 11:30 attention administrative Review student the the be CARDS the continue an Associate Mr. wish and on ASSIGNMENTS Law as raised a.m. Ms. new admission on the and Committees. Charles Greiner to for Marilla School. and of Professional attend the as student I Sciences an Associate otr will assistant Wallin and Main in is In administrative films will be with continue affairs. the and All or He I validated will continue will became Beilfuss on Provosi area matters student to Officer he from refer Mrs. the and also the will as of ht or a Directedby DENNIS SANDERS With arms outstretchedI Some of America'sbest black musiciansattempt somecultural exchang* with black people in Ghana on that country's 14th anniversary of independence. Mavis Staples and Wilton Pickett stand out as monsters but the entire show is beautiful. Nice and loud in four track stereo. Mar 4 MAD DOGS & ENGLISHMEN Mar 5 SOUL TO SOUL Mar 6 LIVE TODAY, DIE TOMORROW conf. theater free Japan 1971 b&w/scope 120 mm 3:00 & 8:00 pm naijirn Harada, Nobuko Otawa, Kiwko Talchi For those students who wish to attend films on the Main Campus for which an admission is charged, a validated I.D. card is necessary. They may be validated at Foster Hall (basement) on the Main Campus Tuesdays from 8:30 to 11:30 a.m. and off Fridays from noon to 3:00 p.m. AADMINSTVE SSIGNMENTS Directedby KANETOSHINDO Crime drama set in modern day Japan. This film won the First Prize *t 1971 Motcow Film Festival. A WALK IN THE SUN cipen 14; free U.S. 1945 b&w Tl7min 300 &800 pm Dana Andrews, Richard Come. Sterling Holloway. John Ireland With the start of the new semester, I became Directedby LEWIS MILESTONE War story of an American battalion attacking German hideout in Italy. Chairman of the Professional Program Committee, Sensitively directed to evoke human aspects of war. pursuant to Faculty by-laws, and 1 will continue as Mar 9 THE INFORMER capen 140 free Chairman of the Promotion and Tenure, and Budget and formerly Manila Giles, I U.S. 1935 b&w 01 mm 7:00 & 9:00 prr Program Review Committees. Ms. Victor McLaglen,Preston Foster, Wallace Ford in the Policy Sciences Program, assistant administrative Directedby JOHN FORD I Set in Dublin during the 1922 Irish Rebellion, THE INFORMER isthe will join our staff as administrative assistant to the story of Gypo Nolan, who betrays his best friendfor the reward money Provost. on his head in order to escape Ireland with his girl. Gypo however gets Professor Greiner will continue as Associate Provosl Feb24 TWENTIETH CENTURY capen 140 free caught by both guilt and the movement. Shot ona shoestringbudget Law In ht operations the School. addition, in IC, 1934 b&w 93 mm and an 18 day schedule, this is perhaps Ford's most acclaimed film. It in charge of for student affairs. Mrs. John Barrymore, Carole Lombard, floscoe Katns Academy Awards for scenarist Dudley Nichols, Victor McLaglen won general responsibility assume will Directed by HOWARD HAWKS and JohnFord. Professor Greiner in the area of Pat Taylor will assistsecretary. ". .c first rate farce about theatrical personalities, and John Barrymore Mar 9 TRADER HORNEE cunf. theater adm.chg. perhaps the greatest of farceurs...The director, Howard Hawks and was as affairs, student U.S. 1970 color 92 mm represent) the American commercial film at it'sbest-fast unpretentious, Professor Lochner, the Associate Dean, will continue Buddy Pan tsari, Elizabeth Monica, John Alexander, Lisa Grant entertaining, with a sophisticated and hardboiled attitude toward sm he will and Committee, of the Admissions and money."Pauline Kael as Chairman Directedby TSANUSOI The big budget Hollywood porn film is now prettymuch old news with assist me in my assignments on the Professional Program Fob 24■ ■Feb 27 AN (NGMAR BERGMAN FESTIVAL the success of CRY UNCLE, and Russ Meyer's various skin flicks, yet and Budget and Program Review Committees. He will also Feb24 SHAME chg._ conf. theater adm. TRADER HORNEE was on of the earliest of this new and festering administer our joint degree programs. Margaret Beilfuss gender, ah genre. A spoof on the jungle movie it traces the exploits of secretary. Hamilton Hornee, private dick,sent to Africa to find a mining heiress, will be his assistant and Registrar, Budget Officer LivI JlliiMn, Max Yon Sydow, Bibbi Anderton only to discover she's become a White Goddess, and rather enjoying it Wallin continues as Charles meetings. all. Director Ttauidi (a psuedonym for a BIG Hollywood film maker) All matters |Feb 25 HOUR OF THE WOLF conf. theater adm.chg.mm and Secretary to the Faculty has worked loti of steamy sex into the hot jungleatmosphere and Sweden 88 managed to havea nice sense of humor about it as wall. regarding registration, student records, or student Sydow, Erland Josephson Liv Ullmann.Max Yon with him, or TO BE ANNOUNCED* academic standing should be raised initially conf.theiter .dm. chg. MariO Wallin will refer Feb 26 PERSONNA Sweden 81 mm Mar 11 TRADER HORNEE his assistant, Lilly Nelson. Mr. Charles Mar 12 TO BE ANNOUNCED w. Bibbi Anilersion.Liv Ullmann matters requiring the attention of an administrative TO: Faculty, Staff, and Students FROM: R.D. Schwartz Mar 7 , ' I . 1 , , �They shoot students - About The Author Richard J. Rosche is an attorney with the Centerof Justice Through Law and is an active member of the Niagara Frontier Chapter of the New York Civil Liberties Union. He is a graduate of SUNYAB Law School and was active in the Concerned Law Students, the group that organized the investigation which is the subject matter of this report. I. Introduction: On the evening of May 7, 1970, several hundred riot equipped and experienced officers of the Buffalo Police Department confronted students on the State University of New York at Buffalo campus in what was to be the most frightening and violent of all the disorders on that campus. The students were thrown into these intense confrontations by American military incursions into Cambodia and the gruesome slayings at Kent and Jackson State. Policemen, without authority or right, fired shotguns haphazardly into dazed crowds of students wounding several parties. The police struck in fast moving vehicles reminiscent of the guerilla strikes used in the very war the students were protesting. Then, as if these terror tactics were only the preliminaries, a massive police force swept the campus clearing buildings and injuring countless students in its path. In the wake of this police violence a grass roots investigation was launched to discover the facts and gain justice. Several professors, the Niagara Frontier Chapter of the New York Civil Liberties Union, the Student Association, and the Concerned Law Students for Peace began taking eyewitness statements immediately after the These statements, from over 70 unrelated individuals, formed the nucleus of what was event. into an investigation of extensive proportions involving agencies from the local to turned the federal level. This event, the shooting ofunarmed citizens, by police and the fruitless efforts to bring them to justice are the topic of this report. It is presented because it has brought forth several significant conclusions about the relationship between unpopular causes and the "Establishment" of local government. The most obvious fact is that when local accused of misconduct all higher civilian officials, police and prosecutorial agencies are most reluctant to investigate or prosecute. Coupled with the fact that fellow police officers will conceal most police misconduct, it is very difficult for a victim of police misconduct to obtain justice. Perhaps the gravest revelation of this investigation is that the public is most reluctant to believe, let alone urge prosecution, on matters of police misconduct. Thus, in order to obtain public support, concerned parties must turn to the mass media to develop in the public, an awareness of the reality of police misconduct and the dangers it presents to a free democracy. The press, however, is equally reluctant to expose police misconduct. It took masses of evidence and publicity stunts to get this incident police are printed and broadcast. Even with masses of evidence, most of the media did little more than report the story from both sides of the issue. Although this is commendable, the media has a greater obligation when presented with strong evidence of police misconduct. As with other official misconduct, the media should investigate and press for full investigationsand revelations of findings. Only one newspaper, the Buffalo Evening News, had the courage to partially do this and their efforts were marred by very poor reporting and distortions of the reports on the affair. Even this minimal effort was ineffective for as soon as the newness of the story died down, the press ignored the matter leaving the public in ignorance. The media in effect was condoning by acquiescence the police misconduct. The effects of this indifference in the public and on all levels of government give the police a blank check in dealing with unpopular causes. Political and social movements, varying from the norm, face repression and extinction. This is why this story is important; it is a microcosm of the conflict between forces of change and those of government on all levels. Above all, this report is aimed at offering both a critical view of the problem and some suggestion on ways to start alleviating the underlying causes of official misconduct. It was written under the belief that it would contribute to the ultimate solution Equal Justice for All. — 11. Organization: The facts speak for themselves. This is the basic premise of this report. Therefore extensive efforts have been made to present as many supporting documents and pictures as possible. These documents and pictures were obtained from a variety of sources, and originals were not always received. Therefore if the reader wishes to discover the original he must proceed to the source of the document. These documents, pictures and copies of statements of the eyewitnesses are on file with the Erie County Public Library main branch. The body of the report proceeds in logical order. The first section deals with the informal parties in order that the reader be familiar with the parties who initiated the investigation. Next the evidence collected, which is the basis of the report is discussed. The most crucial part of the report, the description of the events of May 7 is developed after the section on the evidence. The second part of the report deals with the official parties infolved in the investigation. This part is essential to an understanding of the official and public response to the shootings. 111. The beginning: Several parties connected with the University community became interested in charges that were circulating on May 8, 1970 about police shooting students. These parties without any central organization began to collect eyewitness accounts almost immediately. The purposes behind these collections varied but most parties collected statements to document the event for some future use or to aid in presenting what they considered to be an accurate picture of what had happened. From these meager beginnings an investigation grew through the summer of 1970 and involved even the U.S. Department of Justice. Initially, the Student Association, Niagara Frontier Chapter of the New York Civil Liberties Union, the University Advocates Office (now defunct), several professors and the Concerned Law Students for Peace all accepted statements but no central purpose or goal was established. The scenario for the conduct of the investigation did not coalesce until mid May 1970 when the law students, including this writer, began to bring together all the statements and evidence. A two pronged approach was decided on, involving a continuing effort to accumulate evidence while attempting to bring prosecutor and police agencies into the investigation. The Civil Liberties Union initiated official involvement when on May 13, 1970, it presented 18 signed statements attesting to the shootings to the Buffalo branch of the F.8.1.1 The New York Civil Liberties Union participation continued until May 10, 1971, when it co-sponsored with the Concerned Law Students for Peace a press conference on theincident.2 The New York Civil Liberties Union during the summer of 1970 aided in contacting the President's Commission on Campus Unrest, and Senator Javits (R-N.Y.). Its offices and staff were always available to the investigation. The State University of New York at Buffalo became involved in various manners. Principally, Acting President Peter Regan and later President Robert Ketter made requests for police investigations and reports. 3 Additionally, through the good graces of the Advocate, Professor Robert Fleming, and his assistants, Norman Effman and Ronald Stein, the law students were supplied with a photocopy machine, an office and photographs. Their personal assistance was instrumental in any accomplishments. The medical department 1. Buffalo Courier Express May 16, 1970, "F.8.1. Given U.B. Evidence; Regan Urges Shotgun Probe." 2. Buffalo Courier Express, May 11, 1971. "Felicetta Doesn't Have F.8.1. Report, He Says." p. 24. 3. Buffalo Evening News. May 15. 1970, "Regan Asks Full Probe on Reports Police Fired Shotguns at Students." Copies of the 78 eyewitness accounts of the May 7 shootings are available at the Erie County Public Library, Downtown Branch in therare book section. Additionalcopies of this report are available for $.25 each by mailing your request to: They Shoot Students Room 214 Norton Hall 3435 Main Street Buffalo, New York 14214 Sub payable Board I, Inc. to Make checks Comments, in writing, wouldbe welcome at the aboveaddress. 13 �provided reports on May 7," and the Association provided other support. Student The Concerned Law Students for Peace of SUNYAB Law School was formed after the United States invasion of Cambodia 1970. A committee of the Concerned Law Students for Peace headed by this writer participated in the investigation eventually becoming the spearhead of the effort which ended in a press conference of May 10, 1971. Several groups including College A, the Advocate, the Student Association, the New York Civil Liberties Union, gathered statements and evidence in the two weeks after May 7. The Concerned Law Students for Peace aided in this effort and after May assumed the bulk of the burden. All the contacts made with the press and any police or prosecuting agency were made by the Concerned Law Students for Peace and the New York Civil Liberties Union. All information and evidence concerning the incident itself, gathered after May was done by the Concerned Law Students for Peace. The result of this was that the only organized effort behind theinformal investigation was that of the Concerned Law Students. At this juncture the Concerned Law Students for Peace must be discussed to fully reveal the makeup of the people behind this investigation. The Concerned Law Students for Peace established a committee of five students to investigate the matter. Two of these fivehad no connections to any of the student disorders. The remaining three were involved in student protest and were sympathetic to student points of view. However, none of these people were present the night of May 7, 1970, on the SUNYAB campus which enabled them to be detached in their treatment of the matter. Additionally, all of these students had been trained as observers for police-public confrontations. Their training emphasized the need to be objective.in any observation or analysis of police or citizen activities. Based on these standards fhe students made every effort to objectively investigate and piece together the story of May 7, 1970. Their basic motive was to see justice done and future incidents of this nature avoided. IV. The evidence It is incumbent upon a writer before the description of the events is presented, to present a detailedaccounting not only of the evidence upon which the story and conclusions are based, but also a description and analysis of the methods of collection and identification of the key participants. The analysis of the evidence is important since the 78 eyewitness statements are of varying degrees of accuracy and reliability. The evidence was accumulated from May to mid-July. The 78 statements were gathered by an intensive campaign by students, the Advocates Office, the New York Civil Liberties Union and Concerned Law Students for Peace urging witnesses to come forward. This was accomplished by personal persuasion, and publicity in the campus media. The medical reports were gathered via the Advocates Office. The physical evidence such as shells, pellets wadding and photos was accumulated as a result of the publicity campaign mentioned above or the initiative of individual witnesses. A packet which contained all of the aforementioned evidence that could be photostated, the photos,' all correspondence of the investigation, and news accounts was prepared early in May. Eventually 25 of these packets were prepared and delivered to all possible investigatory agencies, the press, several congressmen and senators and other interested 4. See Health Report. 5. See photos. 14 believed the whole event was parties. Since the packets were not completed the reports. Critics until mid-July, updating supplementary packets fabricated. There are several factors that indicate were periodically sent out. The result was that all people could have concocted a parties were kept updated on the progress of the that while somethe deponents gave independent story, most of investigation. reports. It is impossible for 78 unrelated The participation of various official parties come together to fabricate such a was accomplished by presenting them with the individuals to plot. Also each person who took the statements information and requesting an investigation. Needless to say, law students do not carry great political weight so whenever possible the media was used to apply additional pressure to those agencies. The collected statements are, of an unprofessional nature and at times leave out important details such as time, and what preceded cross-examined the deponent to assure his accuracy, and reliability. No reports were received that even hinted at fabrication. Some time and facts vary, for example, one student asserted a black police car did the shootings while all other statements describe a white police vehicle. These and other variances would not have been present if an attempt was made to fabricate. The most apparent proof of the described event. However, there are a number of high quality statements. These statements and the essential facts provided in most other reliability is the medical evidence of wounds It is stretching the statements formed a solid basis on which the inflicted by pellets.6 events of May 7 could be accurately imagination to asser students would inflict these reconstructed. wounds on themselves to discredit the police. The use of "birdshot" by the police was Suprisingly, the essential facts were accurately described by most witnesses. It was felt established by various methods. Initially the essential that the time, place, identity of investigators were faced with explicit denials by participants and the use of "birdshot" be Commissioner Fellicetta who said: established by reasonable methods. Time was generally approximated by the witnesses with "Subsequent reports on activities of all commanding officers at the scene were thoroughly studied andno police some individuals being most accurate due to activity on the campus even suggests that such a thing had checking clocks the moment an. incident occurred. Shotgun pellets ammunition was not used or happened. Thus in most cases, the statements possessed by any Buffalo Police Officer assigned there."7 were specific enough to establish the time of the and by Commissioner Blair who added: described event. The identity of the participants, particularly "Absolutely no Buffalo Policemen were carrying shotguns. those who used shotguns, was accurate to the I saw no taw enforcement officer carrying anything butgas point at which witnesses agreed that men in police grenadelaunchers. uniforms and riot gear did the shooting. Identification of vehicles used by the gunners was It was discovered by UPI correspondent Pat also accurate to identification of type of vehicle Slauthery and this writer that the weapons used White station wagon, and special markings, traffic to launch gas on the campus were 12 gauge division shield, "Buffalo Police," "911" and the shotguns with easily detachable adapters' This red bubble top. However, no personal was confirmed by employees of 777e Buffalo Gun identification of the individuals or the license Shop who sold the weapons to the Buffalo Police. plate numbers was had. It is easy to believe that Despite these denials of the use of shotgun individuals would be almost impossible to identify ammo, two associate University Advocates, since they wore gas masksand riot gear but it is Ronald Stein and Norman Effman signed difficult to understand why no license plate statements that said: numbers were taken. The only explanation is that people did not think of it and were too afraid for "On the evening of May 7, 1970, between 9:45 and 10:30 while listening to theBuffalo Police over a police radio in their lives to worry about it. Accuracy is almost secondary to the our possession, we heard a request from a policeman on duty in the University area forbuckshot. Thisrequest was '* — credibility of the deponents. Throughout the investigation critics have asserted that the statements, since they were made essentially by University related personnel, could not be relied on. Impljcit in this assertion is an attack on the credibility of the students and faculty who made 6. See page 3, columns 1 and 2. 7. Buffalo Evening News, May 15, 1970, "Regan Asks Futl Probe on Reports Police Fired Shotguns at Students." 8. UPI, June 4, 1970, "Evidence in Survey Ties Police to U.B. Campus Gunfire." 9. (bid. �made from the policeman to the dispatcher. Further the asked that the cartridges be delivered to the intersection of Main Street and Niagara Falls request Boulevard."" 1 That same night, Mr. Louis Starr heard the police dispatcher order all units to cease fire by order of the deputy commissioner. That part of the response that was heard contained the word "birdshot". 1 ' It must be noted that even if birdshot ammo or shotguns were not issued officially it would not preclude individual officers from using their personal supply and weapons. Witnesses describing the events were able to identify the use of live ammunition as opposed to blanks or gas canisters by numerous methods. Most individuals stated they had become accustomed to the dull thump of a gas grenade being launched. This they contrasted with a much louder bang that came from the guns during the shootings. 12 Reinforcing this audible identification was visual evidence, barrels that had no canister or attachment on the end of the barrel. Most individuals also heard a whizzing noise go over their heads, 13 were hit with metal pellets, recovered metal pellets, saw glass or stone splatter 14 or saw individuals hit and bleeding ,5 The most reliable identification came from hunters or veterans all of whom explicitly identified the use of birdshotand the direction of the shot." Spent 12 guage shells-Remmington and Webster super Mark 5-birdshot were discovered around Norton and Foster Halls on May 8 by Messrs. R. Silverstein and S. Lazoritz 1 who . ' writer and then transferred to the F. 8.1., having been recovered immediately after the shootings from Norton Hall by several witnesses.20 The windows above the Tower entrance to Norton Union2 were perforated with pellets which were removed and sent to the F.8.1. The most disturbing evidence of a shotgun assault were the people wounded.22 Several individuals who signed statements reported they were hit with pellets.23 Nine individuals of the group received wounds that drew blood. Additionally, medical reports from E. J. ' Memorial Hospital, Buffalo General Hospital,.University Health Services and Dr. Jacob Lampert indicate students were treated for birdshot wounds. Dr. Robert Wilbee of Meyer Meyer Memorial Hospital reported that three individuals were treated for wounds which were positively identified as the result of birdshot, two of the people still having pellets in their body. He stated: "In my opinion, this information would clearly corroborate the contention that shotguns were fired at ' students during the disturbances. a 4 Dr. Paul Hoffman of the University Health Services stated that about 11 students were treated for wounds that had "substantious nodules" in them and numerous others were treated for wounds that may have been caused by shotgun pellets.2 s David Smith, a student, whoasserted he was by Norman Effman and Ronald Stein, number 69. 11. Statement by Louis Starr, number 50. 12. Statement numbers 8. 21 and 37. 13. Statement numbers 9, 11 and 32. 14. Statement number 48. 15. Statement numbers 16 and 26A. 16. Statement numbers 25, 74 and 78. 17. Statement number 43. 18. Buffalo Evening News. May 11, 1971, "Justice Department AideSays F..8.1. Tested Police Guns," p. 1. 19. Statement number 5. 10. Statements Buffalo with a massive and spontaneous march from SUNYAB to downtown Buffalo of 5,000 students. Later thousands gathered on Main Street in front of SUNYAB and marched to Bennett High School where a blockade of railroad ties was built on Main Street and burned. The intensity of the confrontations grew with each day. The students attempted to occupy and cut traffic off on Main Street. The police responded with several gas barrages and assaults. On May 6 the students were using stones to bombard the police and on one occasion a policeman in a gas launching car was hit in the chest and severely injured by the assault. Police inflicted numerous casualties of their own. May 7 dawned quietly with little activity all day. The events started in the evening. A meeting was held in Haas Lounge of Norton Union from 7:30 p.m. until about 10 p.m. The meeting centered on a discussion with the high school vigilante leaders about war and reasons for student opposition and fear of police. It must be that these had vigilantes noted been attacking University students on previous nights. The result of the discussion was that the vigilantes (40 people at the Red Barn) and the University students allied themselves to each other. The meeting ended at 10 p.m. The crowd, now numbering about 2,000, without leadership, spontaneously started to file out of the Union on the Fountain side. They moved between Foster and its annex toward the Red Barn restaurant on Main Street. When they reached Main Street, the entire crowd occupied the street from curb to curb facing the University Plaza. The high school vigilantes joined the front of the crowd which was made up of many high school students. The crowd slowly began to march toward the University Plaza. Until this time, there was no damage or assaults or any acts of violence by the crowd. A black and white Buffalo poiice sedan drove down Main from the Univeristy Plaza toward the front of the crowd, made a U-turn and retreated. The crowd, particularly high school age individuals out front, chased and chanted after the car. The crowd stretched from curb to curb from the Red Bard to the Ford Dealer on Main one of the wounded26 supplied the investigation with the most substantial proof of being wounded. David's doctor, Dr. Lampert, discovered a metallic object in David's forehead by probing and x-ray (viewed by this writer).2 7 The object was removed by surgery at Buffalo General Hospital and the hospital record states buckshot was removed from his head. 2 This evidence was turned over to the police who interrogated David Smith at great length. Thus, the evidence clearly established that Shotguns, loaded with birdshot were fired at students on the night of May 7, 1970. Eyewitnesses further established that the shootings were done by uniformed Buffalo policemen on foot or in clearly marked police vehicles. These eyewitnesses by their statement enabled the Concerned Law Students for Peace to develop the following descriptions of events of Street. the night of May 7, 1970. Sheriff's deputies in riot gear were forming on the western side of the University Plaza. They began to move back toward the Bailey side of the V. The facts of May 7, 1970 The events of May 7, 1970 must be placed in Plaza. Tear gas was launched into the crowd at the proper perspective. The salient causes of the this moment. Simultaneously the Buffalo Police disruptions of May were the American incursion (who were hidden behind the arches on University into Cambodia which happened in early May and Avenue and Main Street) launched tear gas and the slaying of students during anti-war moved after the crowd, coming through the Main Street parking lot and moving in the direction of demonstrations at Kent and Jackson State. The disruptions at SUNYAB additionally Baird Hall. The crowd was caught in a pincers. were based on disruptions in February-March The Sheriff's deputies stopped at the Main Street centering on local as welt as national issues. These parking lot but the Buffalo police kept running earlier disruptions involved thousands of students after the crowd. They halted by the service road with almost 400 Buffalo policemen in sometimes running between Baird Hall and the nearest bloody confrontation. The police were, therefore, dormitory. Several students were brutally prepared for the activities in May both tactically apprehended, beaten and arrested in this charge. Gas filled the area for almost a half hour. The and psychologically. Students had also learned from the earlier students took refuge in the dorms (Tower and experiences. The excessive violence of the May others). The shooting incidents occurred after confrontations may be attributed in part to the this. The police had re-assembled at about 11 earlier test and conflict. The geographical references in the following pages can be put in p.m. in a line that stretched from Diefendorf Hall proper perspective by consulting the SUNYAB to in front of Hayes. Students re-assembled outside of Cooke Hall and a small group of about map. The May activites had commenced several 100 moved toward the police line taunting and throwing projectiles. The police line moved forward again and fired tear gas, beating and 20. Statement numbers 12 and 48. arresting as they came. The extent of this 21. See Pic E. 22. See Pic A. penetration is unclear. 23. Statement numbers 11, 12, 17, 18, 26, 35,45, 49, 53 and 62. The actual shooting incidents numbered 24. See Health Report. about seven distinct occurrences. The following 25. Ibid. 26. Statement number 14; commentary was reconstructed out of the over 70 27. See Health Report. eyewitness statements gathered by the 28. Ibid. " PIC A: This photo was taken about midnight May 7,1970, of an individual who claimed to have been wounded by police fire (birdshot). The individual was treated in Norton Union at a temporary medical aid station but could not be identified. presented them to the F.8.1. These shells were tested in March of 1971 by the F.8.1, against the 108 shotguns in the Buffalo Police Arsenal. It was determined that those shells were not fired by those official shotguns." It remains open, however, that private weapons were used or that other shells were used in the police weapons. Shotgun wadding with pellet imprints on it was found by two students near Norton Union." Numerous metal pellets were presented to this days earlier in 15 �Other witnesses substantially agreed with this description of the event adding only that others were wounded and a second or third shot 34 That same may have been ffired. vehicle then proceeded to the Tower side of Norton Hall where the second major incident occurred. 2. Norton Hall incident) - Tower side incident (1 The white station wagon that did the side of Norton Hall proceeded back between Norton and Foster Hall and Foster Annex toward the Tower side of Norton Hall. The event that was witnessed by the most people then occurred. This station wagon, driving on the sidewalk between Norton and Foster Annex, came out onto the road on the Tower side of Norton, turned southeast slowing in front of the Norton steps and fired a shotgun into Norton Hall shattering several panes of glass above the entrance and wounding students. Numerous witnesses saw that the vehicle was a white station wagon marked with the letters "Traffic Division"; "911"; "Buffalo Police" and a green shield and topped with a red bubble light. Most witnesses indicated seeing three uniformed men in the front and rear seats and several saw the PIC B: This is a photo ofthe vehicle that did the shooting on the fountain side ofNorton Union. The photographerstated driver with a blue helmet face shield and gas that he saw the vehiclecircle the fountainand on one pass he heard a report from the direction of the vehicle without any mask. teargas suiting. He saw the vehicle thenleave the area hy riding out on the sidewalk between Norton and Foster Halls. The shooting itself happened in this manner. Other ttports confirm this observationbecause several of these witnesses saw the shotgun and/or were hit with pellets. The vehicle came onto the main road from the This same vehicle proceeded to the Tower side of Norton and fired the shotguns that wounded several people and sidewalk, turned in front of Norton Hall and punctured the windows in the Norton doorway. stopped. A few witnesses saw stones thrown at investigation. Each section reflects, as accurately The cars were identified as Buffalo Police the vehicle but there was no substantial or as possible, the description of the event given by with at least two men in blue coats in each. The damaging barrage. One witness described the all the eyewitnesses. The most accurate shots were fired when the vehicles were directly in event as follows: front of Norton steps. The statements did not description is the Norton Hall incidents numbers "I then went out into the porch and started to walk indicate in what direction the shots were fired, 1 and 2 because the largest number of people Norton. I doubted that a shooting had taken place anO but they did indicate the shots were fired, at least to witnessed those actions. Where possible theactual trying to find out what was happening. was one from each vehicle, from the right side of the statement of a witness is presented for full review. As I stood there on the sidewalk I saw a man with a Moreover, all the eyewitness statements are on file car through the windows. Several students were blue helmet and p dark jacket where the white station shootings on the Fountain - with the Erie County Public Library Downtown Branch. The shootings started at about 10:45 p.m. and continued until about midnight. They occurred in the following chronological order;-'' (1) Norton Hall-Fountain Side 10:46—11:15 p.m. (3 incidents) (2) Norton Hall-Tower Side -11 p.m. (3) Main Street-Front Lawn -11:15 p.m. - (4) Foster Hall 11:30 p.m. (5) .Lockwood "Library" Loop I. Norton Hall incidents) — — - II:30 p.m. fountain side incidents (3 The earliest incident occurred as a group of students gathered on the steps on the fountain side of Norton Halt. One individual described the event as follows: started to run up the stairs in front of Lockwood Library. Upon turning left and heading toward Norton Union, I stopped because the police had stopped up in the Hayes Hall Area. Then suddenly two police cars approached from the back of Lockwood Library with their lights turned on high beams. The second car turnedoff his lights. Upon turning to see what the police were doing I first noticed for sure that they were both police squad cars because of the "911" stenciled on the doors on both cars. Then I saw the front windows roll down [in the first car] and a shotgun started firing. Then I hit the ground and when I looked up the police were gone. Moments later in the back of Norton Union I felt a slight pain in my right shin. Upon lookingat my leg there was blood coming from a small cut which hadn't been there before. I therefore been hit by one of the pellets concluded that I must have 3 from the shotgun blasts. " ° "/ Combi n i ng this statement with other commentaries it can be concluded that two white police station wagons, with bright lights on, sped from between Harriman and Lockwood Library and the Norton Hall steps around the fountain and back from where they had come. 29. See Map. 30. Statement number 18. 16 injured.3 ' wagon had been. I can't recall if the man was standing One individual, David Smith, who was outside of or in the white vehicle. I saw the upperpart of wounded gave a statement that indicated that a his body. He was holding a shotgun(I have had experience short time later, but before 11, another police with shotguns and feel I can identifyonej which he held the horizontal position. I then heard a vehicle, black and with four police in it, came slightly aboveand shotgun blast saw a flash from the end of the muzzle. from between Foster and Lockwood Library and There was no gas attachment on the weapon and no gas shot at students from the driver's side hitting resulted. As I turned to run I recall thathe cocked the several on the steps of Norton. Since this is the weapon with a pumping action. I then noticed the front only statement of this event it is possible David fenderof the white vehicle. I ran into the Tower dorm. "3 5 Immediately most witnesses heard and saw described an event that will be discussed later.3 2 Hall entrance Later, other cars passed the fountain side of the windows above the Norton 36 The policeman Norton Hall. Students, in response, at about 11 shattered while no gas resulted. p.m. barricaded all the entrances to the fountain then entered the vehicle, and it sped off in the area except the sidewalk between Foster and direction of the Harriman Library area. Several Norton Halls. Then ensued an incident witnessed students were hit or wounded. Also pellets were 37 by many people which was described by one recovered from under the perforated window. The F. 8.1, received several of these pellets and witness as follows: every one of the shattered or perforated '"/... a student at SUNYAB, at approximately 11 saw a Buffalo Police car enter the rear area of Norton Union. This car was white and on the side doors was an insignia with wings and the words, 'Buffalo Police.'Below the insignia were the words 'Traffic Division.' This car entered the area between Foster Hall and Foster Annex and proceeded into the quadrangle fountain area. From my position, on the steps of Norton Hall facing the quadrangle and fountain, I saw this police car with three men inside, one I am positive was wearing a uniform. The car proceeded into the quadrangle area and finding the exit between Lockwood Library and Foster Hall blocked, turned around and made a pass,by the fountain, turned again and went back, turned and made another pass by the fountain. On the second pass by the fountain the man in theback seat put a gun out of the rear window and fired into the crowd of about 40 people on the rear steps jof Norton Union. I put my gloved hands over my face and felt pellets strike them. The car then exited the area between Foster Half and Foster Annex. I saw two (2) windows.3 8 The students, as a result of these assaults, became frightened and apparently in a slight state of shock." The last reported act of student violence happened prior to the above incidents when a Buffalo Tactical Patrol car entered the road on the Tower side of Norton Hall. The vehicle was caught in the barricades erected there and severly stoned with heavy damage. The occupants escaped without apparent injury. Several other incidents occurred after this assault and the aforementioned shootings. - 3. Main Street front lawn incidents: Between 11:15 and 11:45 p.m., students ventured out onto the lawn in front of Foster and Crosby Halls. About 90 yards from Main Street people who were shot by the pellets and found many several sharp shotgun blasts were heard coming pellets on the ground. These pellets were flattened from from Main street and a line of policemen. One striking the wall and the ones that were still in tact were person described it as follows: small round objects. These pellets were picked up by students."33 31.Statement numbers 2, 9, 18 and 45. 32. Statement number 14. 33. Statement number 12. 34.Statement numbers 4, 9, 11,21, 27, 34, 65, 68, 73, 74 and 77 35.Statement number 78. 36. See Pic E. 37. Statement numbers 1,3, 10, 16, 19,33, 42, 47, 49 and 67. 38. Sea page 8, column 2. 39. Statement number 72. �"People were walking down toward Main Street in front of Hayes Hall. The police were across the street in force, spread down Main Street massed in front of the church at the corner of Main and Niagara Falls Blvd. Taunts were coming from the crowds toward the police. The advancement of kids stopped about halfway between Hayes and Main Street. The taunts went on for a while. Suddenly canisters of tear gas, only a few at first, then some sort of explosive devices exploded down the straightaway. Flares of high intensity were shot into the air. Thepolice then startedacross the streetadvancing in a solid line parallel to Crosby and Hayes Halls. The flares were about three quarters of the way up the lawn from Main Street. Kids started to turn and run. When I was almost to the street in front ofHayes, I turned andlooked back to see what was happening. A kid was running up from Main Street toward me. He was about s—B yards away. Suddenly a blast, not that of gas, but that of gunshot. Thekid faltered and then fell. He then got up and started limping. I ran to his assistance and was going to attempt to carry him on my shoulders. I leaned over toward him and another shot (gun blast) rang out. Both of us were hit and fell to the ground got up and limped away ...We went to Meyer Memorial Hospital and I was x-rayed and found to have three pellets in my 4 body... " ° One ex-GI identified from military experience the direction of the shots the police on Main Street and another was close enough to observe the individual who fired the shots. He was a policeman."' — 4. Foster Hall incident The police had formed a line running perpendicular to Main Street on the Lockwood Annex side of Hayes Hall. Apparently that detachment stayed in that area from about 10:30 midnight. At 11:30 p.m. at least three separate shots were fired by those police at students. One student was hit while standing by the eastern corner of Foster Hall. The witnesses asserted that - ! approximately 150 people in back of Foster Hall. We were facing Hayes Hall, because approximately a dozen police officers could be seen in the vicinity of that building. I heard a shot fired from the direction of Hayes Hall, and birdshot go through the trees that I was standing under. beatings, gassings and shootings by the Buffalo Police. There was very little provocation on the part of the students. The initial confrontation on Main Street happened and ended so quickly that yards About five from me one youth was hit in the hand there was no time for students who were fleeing with a pellet and the hand was bleeding. Since I have been to react. an avid hunter over the past five years, I consider myself A similar patter followed during the evening correct about where the shot was fired from,and that it with students being attacked and being incapable was birdshot that was fired. 'A * of any response due to the ferocity and speed of 5. Lockwood Library "loop" incident the police actions. Students did set up barricades This incident may have involved two in one incident, stoned a police car and used force different type vehicles at about 11:30. Students in individual and group confrontations and had been on the front lawn by Main Street and arrests. Generally, police action could be the police had used gas to disperse the crowd. At characterized as brutal, unnecessary and least one student threw a canister back at police unprovoked. lines. While the crowd was retreating toward Foster Hall a white station wagon and a black VI. The official response: police car both identified as having markings and The violent May days of 1970 served as red buble lights on top at different times fired fertile ground from which sprang a grass roots shotguns, without gas, wounding with pellets investigation into the turbulent events of May 7. several in the crowd. The white station wagon Armed with a mass of eyewitness accounts and fired several shots while driving toward Main evidence, the Law Students for Peace Concerned Street on the campus road running from behind and New York Civil Liberties Union spurred local, Foster and Crosby Halls to Main Street. The black state and federal agencies into what was popularly car fired while in the library loop. The witnesses called the "Birdshot Investigation." Eventually, did not state the direction .from which these the following agencies and individuals became vehicles approached. Additionally, those who directly involved: the City of Buffalo, the District witnessed the white station wagon" ! did not see Attorney of Erie County, the governor and State the black car46 and vice versa. Thus the two Police of New York, two United States senators occurred incidents a short time apart. and congressmen, the President's Commission on Campus Unrest, the F.8.1, and the United States The remainder of the day Justice Department. The Buffalo Police at about midnight converged in large numbers on Norton Hall and then on Tower and Cooke dormitories. Norton Hall was gassed and windows broken by police in the process. Eventually the entire Norton Union was filled with gas. Most student occupants fled PIC C: This photo was taken on the SUNYAB Main St. campus on May 7, 1970. It is a picture of a Buffalo Police station wagon which at the time of this picture was chasing students in the direction of Foster Hall. It is not certain that this did any shooting. the shots came from the police line and that to Tower and Cooke dormitories. The police followed and formed on theroad between Norton pellets were embedded in his coat.42 Another student standing by the Lockwood Loop was hit and Tower. Gas was used on the dormitories and spotlights continually raked the windows of the by pellets from weapons fired by two uniformed dormitories. The.situation was so tense that the police with riot helmets from behind Hayes 43 The in the buildings felt that the police were of was 150 students students group main Hall. standing right by the foot of the Lockwood about to assault the dormitories. After awhile the police left and no other incidents of significance Library steps. A hunter witnessed the incident occurred that evening. and gave this description: "At approximately 11:30 p.m., Thursday night May 7, 1970, I was standing in the midst of a crowd of Summary May 7 was a 40. Statement number 26. 41. Statement numbers 24 end 26. 42. Statement numbers 32 and 66. 43. Statement number 30. 44. Statement number 25. 45. Statement numbers 13 and 20. 46. Statement numbers 21 and 35. violent day filled with many Despite the massive involvement of the aforementioned agencies and individuals, little effort was exerted toward finding and prosecuting those responsible for the shootings. At the very best, cureory investigations were conducted, while at the worst several agencies attempted to whitewash the event. Perhaps it is this part of the report that is most significant, ft is dangerous to have policemen taking the law into their own hands but it is intolerable to have every agency from the Justice Department on down deliberately or negligently covering the matter over. A democracy that cherishes individual liberty so highly will not last if the very defenders of this liberty are allowed to go unpunished for crimes against its citizens. Before the separate actions of each agency are considered, it is important to know why each agency was involved. The reader will then be able to follow the actions of the agencies in a more informed manner. The primary objective of the Concerned Law Students and the Civil Liberties Union was to bring those responsible for the shootings to justice. Therefore, some agency that would prosecute the matter to its fullest had to be contacted. The Concerned Law Studentsand Civil Liberties Union felt that as many public office holders and agencies as possible should be involved to guarantee the best of efforts. However, because the local authorities, the City of Buffalo and the Erie County D.A. have always been lax in these matters, powers above the county level were the prime targets.47 Additionally, the evidence compiled by the Concerned Law Students and Civil Liberties Union was deficient in one important respect the evidence did not identify the specific individuals who did the shootings. It was critical, then, that the agencies with the capabilities of discovering the responsible policemen, be involved. The F.8.1, and Justic Department had resources within and out of the Buffalo Police Department and the power to summon a Federal Grand Jury, all of which could have discovered the responsible policemen. Similarly the state and Erie County District Attorney had like resources available. All of these parties could have — 47. Frustration, Politics and the AHentown Incident, Stephen R. Chamberlain et al., 1971, p. 72. 17 �discovered more eyewitnesses to the event with a minimalamount of effort. The various agencies became involved under either a law or a regulationthey were supposed to enforce. These laws and regulations, which were violated by the police, also give an accurate picture of the seriousness of the shootings of May 7, 1970. The basic law violated on the state level, and enforceable by an agency of the City of Buffalo, County of Erie and the State of New York, was the New York State Penal Law Sections 120.00 Assault in the Third Degree, 120.05 Assault in the Second Degree and 120.10 Assault in the First Degree. The basic elements of these crimes are intent or criminally negligent acts that are intended to and do cause physical injury to another. The most serious is Assault 1, since it involves assault with a deadly weapon. The facts of May 7 clearly indicated an assault of this nature occurred. There are defenses to an assault charge which, if present, would legitimize the police assaults. The Penal Law allows a person to defend his property, Section 35.20, his person, 35.15 and if he is a police officer to use reasonable force to make an arrest. None of these defenses were available to the police since they were attacking students without proper cause. There were no arrests being made, no property threatened, and no lives or persons being threatened by the students. Additionally, deadly force, such as shotguns, couldn't be used unless the students were using deadly physical force. 4 8 There were no reports of student force of this nature. Discipline in a para-military force such as a police department is most efficient if it is maintained from within. The Buffalo Police Department has this procedure available to it but did not utilize it. Article 3, Section 30 of the New York Public Officers Law automatically creates a vacancy in an officer's position if he is convicted of a felony. This procedure could only be effective if the officer were convicted of assault. Article XII of the Police Contract with the City of Buffalo entiled Discipline and Discharge allows the Department of Police to discipline a man for misconduct by dismissing or fining him. At the very least orders of the commissioner were disobeyed, thus the offending police could have been dealt with by thePolice Department. Federal authorities operated under Chapter 18, Section 241 of the U.S. Code which outlaws conspiracies by persons to injure, oppress, threaten, or intimidate another in the exercise of a right given by the Constitution or Laws of the United States. This could be a valuable tool, for conspiracy involves proving only an agreement and an act toward its fulfillment. There was obviously an agreement and act by a few poiicement to intimidate and injure students as they attempted to exercise their right to assemble and live their lives. It must be noted that many students were not engaged in violent acts but were merely expressing their discontent with American War policy. These are the tools available to the agencies. Now examine what was done with this vast array. Later, in the interview he revealed a disturbing attitude that the civilian branch of the government should not be involved. When asked if he or the police had seen any of the eyewitness accounts of the incident he responded: - Another example of Mayor Sedita's total lack of concern with police matters he has a legal duty to supervise, was the shake-up of the Buffalo Narcotics Squad due to misconduct of its members. The mayor was unaware that any shake-up was happening and stated: 18 (2) a. 57 The Commissioner, cleared his department. however, admitted to the Buffalo Evening News "The police commissioneris running the department. had department heads run their departments.' The police department and Commissioner Felicetta upon whom the mayor placed all power, denied any police involvement immediately afterwards on May 8 and later on May 15, 1970 in the Buffalo Evening News. A similar denial was made by Deputy Commissioner Blair who stated in .a UPI story of June 5, 1970 that: "Absolutely no Buffalo policemen were carrying shotguns. I saw no law enforcement officer carrying anything but gas grenade launchers." s ° As was noted by UPI, however, the gas launchers were shotguns. Although there was an obvious reluctance on the command structures part to admit even a possibility of misconduct, an investigation of unknown depth and duration was conducted by some members of the Police Department. David Smiths stated to this writer, and this was confirmed by his parents, that a lieutenant .and other uniformed police had interviewed David on the matter in early June. They came in response to his reporting his wound to the local precinct no. 16. Their efforts lasted over two hours and they tried every means to discredit his story. On June 19 a police lieutenant received from Buffalo General Hospital a metal pellet extracted from This writer interviewd David's head. 52 Commissioner Blair on December 28, 1971, about this investigation. Blair would not open his files for inspection but did answer some questions. He confirmed that the department had conducted its own investigation interviewing both police and citizens and looking for physical evidence. He concluded that none of his men were involved. When asked if he believed if policemen would bear witness against fellow policemen if they did shoot, he said yes. He would not or could not think of a time that this had been done before. Additionally, despite the availability of over 70 eyewitnesses, only David Smith was interviewed. It was obvious the Buffalo police were not after the truth, but a coverup. ' Official desires to clear the police 49. Buffalo Evening News, December 1, 1971, "Sedita Unaware of Shakeup," p. 1. 50. UPI, June 4, 1970, "Evidence in Survey Ties Police to U.B. Campus Gunfire." 51. Statement number 14. 52. See Health Report. 48. New York State Penal Code, Section 35.15 ~ I always "Well, we feel that the Justice Department is involved, theDistrict Attorney and the state we would only get in the way." - result was that a news story was printed and broadcast claiming the55F.8.1, had cleared the This was untrue.56 police in the matter. Apparently, what that official was try was to show that a very ambiguous report clearer his department. ~ department of the charges by any means became obvious in May 1971, nine months after the previous public discussion on the matter. The F.8.1, had conducted tests on the Buffalo Police the matter he replied: 53 That Buffalo News official told this to reporter Mike Benevento. The News distorted the 54 report out of proportion to the truth. The "/ don't now. I can tell you that there was a time when I would get myself Involved in police work and there were some accusations of politics in the Police Department, and while under the charter, I am responsible for law and order in this city, I have left it to the Commissioner Felicetta returned to Buffalo professionals the commissioner and his inspectors and the deputies around him to run the Police Department and and said to the Courier Express on the morning of May 11, 1971, that he knew of no report that thus far in my opinion they are doing a fine job." The City of Buffalo: Little effort was expended on Mayor Sedita or the Police Department since previous experience had shown that they ignored efforts to ex"pose police misconduct. These expectations were confirmed in an interview with Mayor Sedita by WBEN-TV in July of 1970. When asked why the city was not conducting an investigation into 1) town. Commissioner Felicettathewas out ofEvening shotguns and the shells found on the SUNYAB campus in March 1971. It was determined that those shells were not fired from official weapons. This information was conveyed to a high police official, possibly Commissioner Blair, since the tests were run and showed weapons were not fired on the in the There was confusion but an obvious attempt had been that evening that only that official campus.5. department made to take some public pressure off the Police Department.5 9 The civilian officials of the city government, although responsible for law and order in the city, washed their hands of the matter. The police officials not only denied that the incident happened but aided in misleading the public. An investigation was conducted but its objective was more to discredit eyewitnesses than to make an objective report. The authors of Frustration, Politics and the Allentown Incident, the story of the Allentown Riot, drew similar conclusions about that incident. A wall of silenceby city officials helped defeat efforts toward resolution of the matter.* 0 The City of Buffalo could not be counted on to bring its own to justice. 2) The Erie County District Attorney: The law students, based on the opinions of several New York Civil Liberties Union attorneys, believed that like the City of Buffalo, any efforts made to involve the District Attorney would be fruitless. Nevertheless, Mr. Joseph Lentini of WGR-TV suggested that we should approach the D.A. before his station would consider bradcasting any program on the investigation. The Concerned Law Students for Peace reconsidered approaching Mr. Dillon and decided to capitalize on the meeting by calling a press conference to further expose the affair. 53. Buffalo Evening News, May 11, 1971, "Justice Department Aid Says F.8.1. Tested Police Guns," p. 1. 54. See page 8, column 3. 55. Buffalo Evening News, May 4, 1971, "Policß Cleared by F. 8.1, of Firing at U.B. Students," p. 1. 56. See page 8, column 3. 57. Buffalo Courier Express, May 11, 1971, "Felicetta Doesn't Have F.8.1. Report, He Says," p. 25. 58. Buffalo Evening News, Msy 11, 1971, "Justice Department Aid Says r.8.1. Tested Police Guns," p. 1. 59. See page 10, columns 2 and 3. 60. Frustration, Politics and the Allentown Incident, p. 32-37. �This writer and Mr. Effman of the Advocate's Office, SUNYAB, along with two other students met with Mr. Dillon on June 9, 1970. The group presented him with 30 eyewitness statements and additional information. He was urged to examine the information contained in the aforementioned packet.6 The results of this meeting were limited. The press conference gained wide publicity that greatly increased the investigation's contact with the public. However, when the Concerned Law Students for Peace and Civil Liberties Union made their report to the public in September 1970, Mr. Dillon in response to a request for a full report ' to also present the governor with the packet of information concerning May 7 and request a state investigation. The governor consented to the state involvement promising an investigation. Mr. Jerry Wolfgang, assistant to the governor was to be the liaison man.6 3 Detective J.D. Steinmetz of the New York State Police Troop A was sent to this writer's home by the governor to investigate the matter in late May. He was supplied with all the information available but he warned the Concerned Law Students for Peace not to expect too much since the F.8.1, had all the physical evidence. Detective Steinmetz submitted his wrote: report and information to Albany where it was given to Howard Shapero of the governor's staff. "/have fully reviewedall of the documents furnished Detective Steinmetz was ordered to try and me at the time of our meeting on June 9, 1970... In addition, thereto, I have reviewed reports of the Buffalo obtain additional information and on June 4 Police Departmentrelating to events on the same dateand called on this writer. He was given new I have spoken with representatives of the New York State information including new medical reports. This Police and the Federal Bureau of Investigation. was forwarded to Albany. This writer visited Mr. It is my judgment that based upon everything which Steinmetz in late June to give him a final packet has been made available to me up to this time, I have insufficient basis for the presentation of this matter to a of information. The detective told this writer that Grand Jury. However, if the law enforcement agencies it was all in Albany's hands. He also expressed a inquiring into the events of May 7, 1970, develop any desire to personally continue his own additional information not heretofore, madeavailable to investigation but said he could not without orders 2 me, I willbe pleased to review the same. "* from Albany. Those orders never came. The press conference of September was held It is apparent that although some police to allow all agencies to report their findings. A agencies were contacted by the D.A., no witnesses letter was sent to the governor care of Mr. to the event were sought out or interviewed. The Wolfgang asking their participation. The substance burden was placed on the Concerned Law of their response reads: Students for Peace to develop a case strong 'The unavailability of the physical evidence necessary enough to go the the Grand Jury. This situation is to a complete investigation combined with the lapse of highly unusual since it is not incumbent upon a the events in question and the request for a timebetween citizens group to investigate criminal matters to inquiry severely hampered the investigative efforts of this degree. The information and names provided state the State Police and perforce rendered them highly by the Concerned Law Students for Peace were inconclusive. more than sufficient to start a full investigation. All information developed during the course of the State Police Investigation is also in the possession of the Additionally, the police themselves could have County District Attorney, who together with the Erie been dealt with either by the D.A. or an ascertaining Grand Jury which could have police and discovered individual participants in the shooting. investigating questioned In contrastto this, the hold over 1970 March Grand Jury of Erie County investigating campus disturbances without any aid from a citizens group investigated and questioned numerous students and faculty. The jury searched into every possible area of student activity whether it had a connection to crime or not. The intensive investigatory effort that went into this probe was conducted by Grand Jury bears primary responsibility for the existence ofwrongdoing in Erie County. All further action in this matter must come from local or federalauthorities. "64 appeared about a week later. There was sufficient time for the State Police to pick up the case since most of the witnesses were available into early June. Additionally, to this writer's knowledge, no witnesses were ever interviewed by the State Police and Mr. Steinmetz, as late as the end of June, said he wanted to continue but no orders were received. This indicates that the state believed it was a local matter and that there was never any intention to pursue this effort to the end. The state, at most, became involved just to the point at which it could say it took some action but did nothing to see the matter to its logical end the discovery and prosecution of those responsible for the shootings. The state failed in its duty to protect its citizenswhen local government fails. — 4) Congress The law students felt that it would aid the investigation if certain Congressmen and Senators were informed of the events of May 7. These men if they could be convinced of the substance of the charges, would be valuable not only for publicity reasons but because they could lend credence to the investigation and apply the pressures of their offices to public agencies to pursue the charges of police misconduct. Senators Javits (R-N.Y.) and Goodell (R-N.Y.) and Congressmen McCarthy (D-N.Y.) and Dulski (D-N.Y.) were all contacted by the Concerned Law Students for Peace. Despite some noticeable failures, these men responded as best they could in the situation. Senator Goodell was contacted by three members of the Concerned Law Students for Peace in Washington, D.C. on May 8, 1970. The law students, who were in the capital for the peace rallies of May became aware of the allegations of police misconduct in Buffalo through the Washington Post. Telephone calls to friends in Buffalo confirmed the report that shotguns were used on the SUNYAB campus on May 7, 1970. These students then proceeded to Mr. Dillon's staff. It is difficult to determine what forces motivated Mr. Dillon but it is obvious that the prosecution of students and the University were much more important than the investigation of police abuses against students. Politically, the populace of Erie County adamantly supported the hold over Grand Jury and had a bearing on Mr. Dillon. An unpopular cause was given little attention though more information and witnesses were available to that investigation, than to the hold over Grand Jury. In short, the D.A., being politically motivated, set different standards for two similar investigations. The enforcement of justice in Erie county was on a partisan basis during the summer of 1970. - New York the governor and the State Police: The Concerned Law Students for Peace and New York Civil Liberties Union believed from the beginning that any effective action, if it came, would come from the federal or state governments. Consequently, on May 14, the Concerned Law Students for Peace while picketing a visit to Buffalo .by Governor Rockefeller were invited to meet with the governor to discuss the war. It was decided by the group of six students who met with the governor 3) 61. Buffalo Courier Express. June 10. Shooting Claims." 62. See Letter 1. 1970. "Dillon to Review PIC D: This it a photo of the same vehiclepictured in PIC C only a fewseconds after the first photo was taken. It is most difficult to analyze the state role contact the senators and congressmen whose in this matter. The primary jurisdiction rests not jurisdictions included the Buffalo campus. Senator Goodell was not personally with the state but with local authorities. However, it is peculiar that in the aforementioned letter the contacted but his staff was most receptive. The governor's office complains of a time gap. The students were introduced to Goodell's legislative governor was contacted on May 14, only seven aid, Miss Nan Nixon, who heard their story and days after the incident and Mr. Steinmetz promised to assist them as information became «ew York Times. May 15, 1970, "Rockefeller Assures Students onState Guard Campus Role." 64. See Letter 2. 63. available. The students, upon their return to Buffalo, started compiling the first of the packets of information on the shooting and forwarded one 19 �each to the senator and all others contacted. Senator Goodell via Miss Nixon kept informed of all developments and eventually sent a letter to the Justice Department requesting an investigation.65 The letter when it was made public did land support and credence o the investigation. Senator Goodell was thu first congressman to take a firm position on the shooting and his efforts stimulated further progress in the venture. Senator Javits did not respond as rapidly when contacted in Washington but on June 30, 1970, in a response to an inquiry sent to all involved congressmen, the Senator confirmed his own investigation into the matter and pledged to contact the Scranton Commission and New York State officials on the matter. Additionally, he revealed he had contacted the Department of Justice Criminal Section and they had requested that the names of witnesses be forwarded tb them.66 The names of the witnesses, numbering 70 were forwarded to the Department of Justice by Norman Effman, Assistant University Advocate, SUNYAB. The addition of Senator Javits to the list of investigation supporters boosted the credibility of the investigation and certainly affected public attitudes toward the effort. Representatives McCarthy and Dulski, whose districts encompassed the University of Buffalo, received all the correspondence and information the senators received but did not respond to the Concerned Law Students requests for assistance. These men were engaged in re-election bids and did not have time to let such a controversial matter interfere. PIC E: This is a picture of the windows above the Tower entrance to Norton Union taken between 11 and 11:30p.m. an May 7,1970, moments after the vehicle pictured in PIC B punctured themwith a shotgun. Thesewindows were turned over to the F.8.1, by the University at the request of the Concerned Law Students for Peace and the New York Civil Liberties Union. federal government: The Concerned Law Students and the New York Civil Liberties Union felt that the only real hope for significant action was the federal government. This belief stemmed from the fact 6) The President's Commission on Campus Unrest This commission was established by President Nixon after the May 1970 disorders on campuses throughout the nation to discover the causes of the unrest. Since police misconduct on the campus was a part of the commission's study, the investigation decided to send packets of information to the commission care of Governor George Scranton. The Civil Liberties Union and Concerned Law Students sent a letter to Mr. Joseph Fl nodes, the only student member of the commission, bringing his attention to the matter on June 15, 1970.67 Mr. Rhodesresponded on June 18, 1970, with a firm commitment to follow up on the matter. The Concerned Law Students responded on June 26, 1970, with a description of F. 8.1, efforts and a pledge to send an updated packet to Mr. Rhodes. Unfortunately, this was the last word heard from the commission proper. Mr. Steve Woodside, an investigator for the commission, visited the SUNYAB campus on July 29—30 to discover student responses to the May disturbances. He was not sent to investigate the shotgun incident but the Concerned Law Students met with him and presented the evidence concerning the shooting. He was impressed and said he would do his best to present the matter to the main commission. However, nothing was heard from the commission after this interview. The commission was burdened with investigating a large volume of material. Therefore, priorities were set as to what matters should receive the attention of the commission. Since many other incidents similar to the "shotgun incident" occurred throughout the nation priorities had to be set. Presumably, the event in Buffalo fell below other events meriting by the commission. greater consideration Therefore, no reports on the Buffalo matter were forthcoming. Courier Express, June 6, 1970, "Goodell Asks Pellet 65. Buffalo Probe." 66. Sea Letter 3. 67. See Letter 4. 20 16, 1970: agencies had never responded "I cannot accede to your request. It has always been the adequately to charges of police abuse. The F.8.1, policy of the Department of Justicenot to release to any Department, Justice were however, and person or organization the results of any investigation sufficiently above local politics to make them the conducted by the Federal Bureau of Investigation or the only agencies that offered a possibility of action. conclusion reached by our attorneys after a study of the The first contact was made with the F.8.1, investigation reports.. / am sure that the New York Civil Liberties Union by Edward I. Koren, staff counsel for the Civil appreciate the fact that the Justice Department does Liberties Union. Mr. Koren met with Special will and not will not accuse any person or organization of a Agent Cambell of the Buffalo F.8.1, on May 14, criminal act or produce any evidence to thateffect unless presented 1970. Mr. Koren 18 signed statements, it be in a court of law. We do notin short try our cases in five expended shotgun cartridges and 13 pictures the press These attorneys fof the Justice Department! are of the events of May 7 and requested a full investigation." Later, the F.8.1, requested that currently studying the reports of the alleged shootings on May 1970, at the Buffalo campus. Ifit is our conclusion individuals who were wounded make complaints that 7. a violation of a criminal civil rights statute has out to the F.8.1, claiming violation of civil rights. occurredand ifpersons responsible are identified, we will Several individuals were contacted and the prosecute.''72 required complaints were made out. Additional information was given to the Several months later, February 1971, President F.8.1, in early June and on June 18 the Ketter received, in a response to a letter he sent to Maintenance Department at SUNYAB dismantled the Justice Department, a letter from Jerris the Norton Hall windows that were punctured by Leonard indicating that the F. 8.1, investigation birdshot and delivered them to the F.8.1. was over but the Department was still analyzing Additionally, the Concerned Law Students, the results.73 The public discussion of the matter lay delivered 20 new statements, medical reportts6 and seven pellets recovered from the fountain side dormant for nine months until May 4, 1971. The of Norton Hall. F.8.1, released to the Buffalo Police Department All the information accumulated by the results of tests conducted on Buffalo Police Buffalo F.8.1, was studied and sent with Department shotguns comparing them to shells preliminary reports to the Civil Rights division of discovered on the SUNYAB campus. The tests the Justice Department, where the information showed those shells were not fired from those was studied for possible use in a criminal action. weapons. An erroneous press release claimed this The Justice Department apparently makes the cleared the police of misconduct. 74 This triggered final determination as to whether a matter should new public action on the matter. be investigated and criminally prosecuted. The Concerned Law Students, who had been While this material was being forwarded to told that the federal agencies never released such Washington, Senators Goodell and Javits were reports, phoned the Justice Department and pressuring the Justice Department for action. F.8.1. Crime Lab in Washington, D.C. on May 6, Senator Goodell on May 25, 1970, requested a 1971, to clarify the situation. full investigation.70 Senator Javits not only Mr. Lester Scall, the attorney in the Civil requested an investigation but forwarded the Rights Division who was in charge of this names of 70 witnesses to the Criminal Division of investigation, spoke with this writer. Mr. Scall said the Justice Department in late June.7 he had heard of no such report and that the F.8.1, The Concerned Law Students and New York could not clear anyone in this matter that being that 5) The Civil Liberties Union sponsored a press conference in September 1970, inviting all the agencies to make final reports. Jerris Leonard, Assistant Attorney General in charge responded on Sept. local . . ' ' 68. Buffalo Courier Express, May 14. 1970. "F.8.1. Given U.B. Evidence: Regan Urges Shotgun Probe." 69. See Health Report. 70. Buffalo Courier Express, June 5. 1970. "Goodell Asks Pellet Probe." , 71. See Letter 3. 72. See Letter 5. 73. See Letter 6. 74. Buffalo Evening News, May 4, 1971, " Police Cleared by F.8.1, of Firing at U.B.STudents," p. 1. �the Justice Department's jurisdiction. He review of all evidence and witnesses. It seeks out explained that the Justice Department receives all evidence by sending men into the field to discover test data and information and draws the final witnesses and criminals. This was done at Kent conclusion on the case. He emphasized that the State after the shootings at that campus. Here, case was still open. there were no agents interviewing witnesses and Th« Buffalo Evening News on May 11, 1971, no reported F.8.1, activity on 4m campus. stated it had talked with an official of the Justice Additionally, it is doubtful that the F.8.1. made Department who confirmed that the tests were any attempts at identifying the police responsible run with inconclusive results. That official was for the shooting by investigations within the probably M-. Scall who, because of the May 6 Buffalo Police Department. The investigative call, had discovered that such a test wasrun. effort by the F.8.1, was ineffective. Mr. Griffin, a supervisor in the F.8.1. Crime Jerris Leonard, as has been indicated, refused Lab was also contacted on May 6 by this writer. to publicly reveal any facts on the case stating Mr. Griffin stated that the F.8.1, could not clear that this was not their policy. Yet, at Kent State, anyone in this matt,;,-; that all F.8.1, reports were F.8.1, reports were leaked to the public indicating written and that it was not proper procedure to that the National Guard made serious errors in give such a report to a local police department. needlessly killing four students. Presumably, the This writer and his wife visited Mr. Scall in reports were made public because the public his Washington office on June 1, 1971. Mr. Scall interest in the matter outweighed the need to revealed that they h.id just decided to close the keep the information secret even in the face of a case on this matter because they were unable to pending Grand Jury investigation. If the policy of the F.8.1, and Justice indentify the individual police involved and they had too few men to work on this matter. He said Department is to "not reveal any facts to any person or agency" then how did the F.8.1, he personally believed that Buffalo Police had shot students on May 7, 1970, but that the shotgun test get into the hands of the Buffalo investigation must end. He was asked if the Police? It would suggest a onesided policy favoring the police. The right to know should Department could publicly say just that and he exist in police misconduct cases just as was done said no but they might say something. Consequently, a letter was, sent to Mr. Scall on at Kent State. This right far outweighs any need June 23, 1971, asking if he could say something to remain silent. the publicc. Two responses were received from the Assistant Attorney in charge of the Civil Rights Division, David Norman, on Oct. 12, 1971, and on Nov. 18, 1971. They contained the following responses: to 18, 1971 "Based on the investigation conducted by the F.8.1, as well as interviews of witnesses transmitted to us from other sources, we concluded that, even if an unlawful firing by a police officer, or officers, into a crowd may have occurred, we would be unable to identify the officer, or officers, who committed this violation. Nov. comment do not think it wouldbeappropriate forme to 76 further on the detailsof the investigation. " any Several salient facts stand out when an analysis of the federal role is undertaken. It is apparent that although the F. 8.1, had over 70 names of eyewitnesses it did not attempt to contact these people or additional witnesses. They simply accepted the statementsgiven to them and interviewed less than ten eyewitnesses, all of whom went down to the F.8.1, on their own accord. These facts are crucial since in his letter of Nov. 18 Mr. Norman states: "... we concluded that even if an unlawful firing by a police officer or officers, into a crowd mayhave occurred, we would be unable to identify the officer or officers who committed this violation.'"1 The only deficiency in the evidence was specific more identification of the police. Surely a have intensive investigation by the F. 8.1, could discovered new witnesses who could identify individuals. Mr. Scall was asked about the deficiency in eyewitness interviews. He said that the initial statements were sufficient. If they were sufficient why were there no prosecutions? This procedure indicates that there was little effort to case. The discover the facts and defendants in the by an intensive investigated cases other F B I in 75. See Letter 7. 76. See Letter 8. 77. Ibid. The Concerned Law Students actively sought media coverage of their efforts; students visited television stations WKBW, WGR and WBEN taped three half-hour radio programs, held three major press conferences and worked with reporter - Pat Slattery of UPI in an attempt to expose the police actions to the public. The first media coverage of May 7, 1970, however, had nothing to do with the law students. Several papers on May 8, 1970 ran stories of students shooting students on the Buffalo campus. ,8 The Civil Liberties Unjon caused the next publicity by presenting on May 13 to the F.8.1, evidence of police misconduct. 7. The press described the allegations that police had shot students without cause. The Concerned Law Students began their publicity campaign on May 14. A delegation of law students met with Governor Rockefeller to request a full state investigation. The New York Times carried the story while the Buffalo press ignored it." ° University Acting President Regan was informed of the investigation by the University Advocates Office which was working with the Concerned Law Students and Civil Liberties Union. He, on May 15, requested a full investigation of the alleged "shotgun incident." The Courier Express and Buffalo Evening News carried this story on May 15.*' The Concerned Law Students contacted Patrick Slattery of the Buffalo UPI office in May. Mr. Slattery wanted to investigate the matter and write a story after he cleared the matter with superiors. He spent three weeks delving into the matter with assistance of the Concerned Law Students. The result of his work was a lengthy article that was sent over UPI wires on June 4, 1970. It was entitled "Evidence In Survey Ties Police to UB Campus Gunfire" and was the most comprehensive document produced to that time.* 2 This story was printed throughout the eastern United States by the Buffalo Evening News and Courier Express the Tonawanda News, the New York Times and Daily News and several othernewspapers. The SUNYAB campus press also lent its support to the efforts. The Spectrum on June 12 and 19, the ethos on June 17, 1970, ran lengthy articles on the investigation. These newspapers followed the investigation to its conclusion presenting the most extensive and accurate Oct. 12, 1971 "We have examined the evidence already in our possession and we have weighed the likelihood of our obtaining additional evidence that would lead to a prosecution, or prosecutions, under the federal civil rights criminal statutes. Based on these considerations we have determined that nor further action on our part would be 75 productive and we are closing our file." I more accurate view of the students side of the story. The following section discusses the role of the media in this investigation: The reasons behind the reluctance to investigate and publicize the findings are difficult to determine. However, it is clear that the investigation. shootings of students received low priority within accounts of The final story was printed in The Spectrum the Department of Justice. This may indicate that "Birdshot priorities are set by determining the status of the of Oct. 27, 1971. In two stories Investigation Closed"and "Despite Facts Birdshot for answer. public and an pressure the complaints Investigation Abandoned" The Spectrum summed Here since the complaints were only students and up the entire affair, roundly criticizing those was priority public pressure, was little the there Spectrum staff also sent the stories over the College Press Service thus spreading the stories to all Eastern College Campuses.s. WBFO, the SUNYAB radio station, also broadcast all of the press conferences and several special news reports on the progress of the involved." 3 The low. F.8.1, depends on local police for information and co-operation. If the F.8.1, conducted a hard hitting investigation of the Buffalo Police, this mutually beneficial Additionally, the relationship would be threatened. If this is coupled with skepticism within the F.8.1, and Justice Department, that students were investigation. investigation. on U.B. Campus." 79. Buffalo Courier Express. May 15, 1970, "F.8.1. Given U.B. Evidence: Regan Urges Shotgun Probe," p. 1. 80. New York Times, May 14, 1970, "Rockefeller Assures Students on State Guard Campus Role," p. 1. 81. Buffalo Courier Express, May 15, 1970, "F.8.1. Given U.B. Evidence: Regan Urges Shotgun Probe," p. 1. Buffalo Evening News. May 15. 1970, "Regan Asks Full Probe on Reports Police Fired Shotguns at Students," p. 1. 82. UPI. June 4, 1970, "Evidence in Survey Ties Police to U.B. University Additionally, Information little would be Services, helped organize the press conferences. accomplished. Whatever the reason, the federal agencies responded with a less than adequate 78. The Washington Post, May 7, 1970, "StudentsShoot Students fabricating the charges, then VII. The media The Concerned Law Students felt that it was of paramount importance to make a strong case against the Police Department in the newspapers, on television and on radio. This publicity would serve two functions. It would place pressure on the various agencies involved to conduct fuller investigations and it would present to the public a Campus Gunfire." 83. The Spectrum, October 27, 1971, "Birdshot Investigation Closed," p. 2; and "Despite Facts Birdshot Investigation Abandoned," p. 3. 21 �They also were responsible for three radio programs on the investigation by the Concerned Law Students in May and September 1970. These programs were broadcast over the city's major radio stations. After the UPI story was published interest in the investigation grew; the Concerned Law Students visited the three major television studios in the area presenting their news departments with updated packets on the investigation. Only WBEN headed by Mr. Rottman responded by interviewing the mayor of Buffalo on the matter in July. Mr. Joseph Lentini of WGR-TV did suggest that the District Attorney of Erie County be approached. Therefore, on June 9, 1970, representatives of the Concerned Law Students office met with Mr. Dillon. Advanced notice to local television radio and newspaper sources by the Advocates Office produced the first press conference. AM major televisionand radio stations interviewed the Concerned Law Students broadcasting the interviews on their news casts that evening. The Courier Express reported the matter on June 10, 1970."" The second press conference was held on Sept. 16, 1970. Substantial effort was put into this event by the Concerned Law Students, the Media coverage until May 1971 was adequate in that the Concerned Law Students were given equal coverage with the Buffalo Police. The Buffalo Evening News commendably went so far as to print editorials on the affair expressing their desire to know what had been discovered in the various investigations." * However, no part of the media ever conducted a detailed study of the matter despite the availability of evidence and witnesses. They also printed what was said by the Concerned Law Students and the Police without checking the veracity of the statements. The Police thus made several Buffalo Police contrary to their stated policies.'' A high official in the Police Department contacted Mike Benevento, the longtime Buffalo Evening News Police reporter. Apparently, he was told only of the test and the negative results which alone were meaningless. Mr. Benevento, with at least the tacit approval of the editors, created the story that the F.8.1, had cleared the Police. That headline probably misled many citizens into believing that the police didn't do the shooting. This affair wjs a blatdiit breach of public trust which demonstrated the futility of honest attempts to reach thr public 'with cases of official misconduct. The News printed an sditorlal a few days later which, in fact retracted, in an obscure way, their May 4 article. It read: . unfounded and media took at full faith. Commissioner Blair denied that shotguns were used on the campus the night of May 7 and the media, except UPI, failed to point 'The F.8.1, has now established that shotgun out that the tear gas launchers used that night cartridges found on the campus were not fired from were shotguns.""* Commissioner Felicetta, whose shotguns in the Police arsenal. That is a gratifying finding public positions regularly changed, stated in June and we are glad the F.8.1, made the investigation, but 1970 that the police hadreceived complaints that obviously it does not dispose fully of the allegations since a citizen of the area had fired the shots. 90 The the possibility is presumably left open that some press blindly printed these excuses without any oolicemen might have used9 wtipons other than those owned by the department.'" contradictory statements that the investigation. Yet there was absolutely no evidence gathered or presented by anyone to substantiate The Concerned Law Students and Civil this claim. Also if the claim were true, one Liberties Union sponsored a press conference on Civil Liberties Union and the University wonders why the police didn't arrest that citizen. May 10, 1971, to refute the false reporting of 4. Item by item the Concerned Law Students Information Services to convince the public of the Commissioner Felicetta consistently states that he May exposed the nature of the May 4 report. They truth of the charges. Letters were sent to the was investigating the matter"' but there is little of their conversations with Justice governor; Michael Dillon, Erie County District evidence of that effort. The Concerned Law told Attorney and Jerris Leonard of the Justice Students and related parties interviewed almost Department and F. 8.1, officials, of the Department on Aug. 31, 1970, inviting them to 80 witnesses and only one reported being meaningless nature of the F.8.1, tntt, and they their charges of Police misconduct and make a final report on their investigation. Their contacted by the police and that was at his own reiterated responses were discussed in the previous section initiative. 92 The media failed to reveal that Dover up. °° The release was reported extensively on Formal Investigations.55 Felicetta's reliance on official police reports might only by WKBW and WYSL radio stations and The Spectrum. The Reporter, Courier Express and Additionally, the Concerned Law Students lead to one-sided reports. Buffalo Evening News"" reports were obscure and Civil Liberties Union released a memorandum One report in the New York Times stated on Sept. 8, 1970, to the media announcing the that descriptions of the vehicle that did the and less than complete. The News which was to clarify its May 4 report, made an press conference. University Information Services shooting were different.93 This is highly expected helped the Concerned Law Students develop a deceptive since only one person actually said that ambiguous report that was headlined "Justice packet containing a history of the investigation, the vehicle wasn't a white police station wagon.,4 Department Aide Says F.8.1. Tested Guns." This the actions of police agencies in response, and a reinforced their May 4 report since it confirmed There were over 70 statements. description of the events of May 7, 1970. The credibility of the press and the media the test. Hidden in the middle of the report thee The press conference was held on Sept. 16, was greatly stained in May 1971. The Buffalo News printed a defacto retraction: 1970, in the University Law School. Most of the Evening News printed a story headlined on page "The Attorney Department aide) a member media were present. The conclusions reached by one "Police Cleared by F.8.1, of Firing at UB of the Department's (Justice Civil Rights Division, said reports of the Concerned Law Students and Civil Liberties the test were "inconclusive" and "neither cleared Students." It said: nor Union were presented by Attorney Edward I. condemned"police of the charges ° ; "The Federal has They Investigation and this Bureau of cleared Buffalo Koren writer. concluded that police shot students that night; and despite ample Police on charges that they fired shotguns during a WBFO and WEBR radio stations conducted last May on the State University of Buffalo half hour interviews on the evidence, no full investigation was conducted by disturbance matter during that campus.'" s week. The final news coverage concerned the any agency." The official investigation was letter of Oct. 12, 1971 from Mr. Norman. The A similar story was sent over AP wires and described in the following manner: Buffalo Evening News printed a story entitled broadcast over the local radio stations. "While individuals promised full and adequate The report was false since the only thing the "U.S. Drops Probe of Buffalo Police in UB investigations we got at best a cursory investigation and at F.8.1, had done was test shotguns shells against Shooting." The story reiterated the decision to worst a whitewash. '* official weapons with a negative result. The end the investigation and contained Law Student Justice Department on May 6 knew nothing of criticism of the federal involvement.' ° It was emphasized at this conference that the the report and it is their responsibility to draw The overall effect of this series of incidents, Concerned Law Students and Civil Liberties these ultimate conclusions.'" These tests left the coupled with the Justice Department's silence, Union did not believe that their evidence was possibility open that private weapons or different left the community uninformed as to the status of sufficient for an indictment but that they the investigation. The evidence clearly established, shells were used. expected it would be enough to spur some agency The Concerned Law Students, by contacting even to Lester Scall of the Justice into a more detailed and adequate investigation. the F.BI. and Justice Departments, discovered Department, 104 that the Buffalo Police fired at This was not the case! these assertions were erroneous." 7 Additionally, and injured students on May 7, 1970, but this fact The television and radio stations carried the they talked with a Buffalo Evening News and the failure of any agency to expose it were press conference all day. The press coverage was employee who related the full story to them. It not conveyed to the public. extensive. The Courier Express, Niagara Falls seemed that the F. 8.1, leaked a report to the The media participation in theaffair was the Gazette, Utica Daily Press, the Evening News most crucial part of the investigation, despite its Press, Binghamton and the Albany Times Union 88. Buffalo Evening News. June 2, 1970, "Police Face Line-Up;" deficiencies, because it did convey the public to were a few of those who carried the story. May 5, 1971, "Probing Police Brutality Charges;" September 30, 1970, "Facts Needed on U.B. Shootings," May 18, 1971, "U.B. SUNYAB student newspapers such as The Probe Results Needed." 98. Letter 5. Spectrum, ethos, The Reporter and the Opinion 89. UPI, June 4, 1970, "Evidence in Survey Ties Police to U.B. 99. See Buffalo Evening News, May 5. 1971, "Probing Police Brutality all carried the story. Additionally, the story was Campus Gunfire." Charges." carried by the College Press Service reaching 90. New York Times. June 5, 1970, "Officials Study Campus 100. TheSpectrum. May 10. 1971, "Birdshot." p. 1. 101. Reporter. May 13, 1971, "F.8.1 Has Not Cleared Gunfire," p. 12. Cops numerous schools such as Syracuse University. 91. Buffalo Evening News. May 15, 1970, "Regan Asks Full Probe Students Say," p. 2. 1 "' ' 84. Buffalo Courier Express. June 10, 1970, '■Dillon to Review Shooting Claims." 85. See pages 6-9. 86. Buffalo Courier Express. September 17, 1970, 'Police Used Birdthot May 7, Students Claim." 87. Ibid. 22 ' on Reports Police Fired Shotguns at Students," p. 1. 92. Statement number 14. 93. New York Time,,June 5, 1970. 94. Statement number 14. 95. Buffalo Evening News. May4, 1971, "Police Cleared by F.8.1. of Firing at U.B. Students," p. 1. 96. See page 8, column 3. 97. Ibid. Buffalo Courier Express, May 11, 1971, "Felicetta Doesn't Have F.8.1. Report, He Says." p. 24. Buffalo Evening News. May 11, 1971. "Justice Department Aide Says F.8.1. Tested Police Guns," p. 1. 102. Ibid.. BuffaloEvening News. 103. Buffalo Evening News, October 18, 1971, "US Dropi Probe of Buffalo Police in U.B. Shooting." p. 1. 104. See page 9, column!. �the basic facts of the case. SigniflcantTyf the coverage was also responsible for assisting The Concerned Law Students and the Civil Liberties Union in spurring agencies to do the little they did. The success of the publicity campaign can best be measured by an editorial in the Buffalo Evening News, Sept. 30, 1970, repeated in substance on May 5 and 18, 1971: "The News has no way of judging the conflicting claims and denials, however, it is obviously difficult to respond to the law students' charge of an official 'whitewash' of the incident in the absence of complete written statements by the agencies involved explaining just what ground their probes covered and what light these shed on the disputed events of May / Especially disturbing, if correct, is the students' contention that authorities conducted only cursory inquiriesand that the District Attorney's office, for example, had failed to interview witnesses to the shooting. It is not simply a matter of prosecuting culpable individuals if any. What is required at the veryleast, is a detailed public accounting of official findings by Governor Rockefeller's office, the JusticeDepartment and the other agencies said to have investigated this incident. Neither the campus nor the community is benefitted by leaving so sensitive and controversial an incident dangling indefinitely in a shadowy and damaging limbo. ",05 "The news coverage of the Allentown incident was inadequate, stereotyped, routinized. sensationalized and grossly biased to favor the police. "' °* Another report. The Anatomy of a Riot: Buffalo, 1967, expresses similar views concerning media coverage of the 1967 riot. The media was critized for not adequately reporting the full scope of events and the many points of view available on the tense situation.' ° The possibility of change by informing the public via the media of official misconduct becomes extremely difficult in the face of this unholy alliance. The police have been given a blank check in dealing with problems of a social and political nature resulting in official repression of legitimate groups and movements. ' approach ignores the effect force has on political and racial movements it solidifies and spreads the views of these minorities. It also ignores the underlying social and political problems faced by these minority communities, merely covering over festering wounds. The media is responsible for the lack of public understanding in these major areas. There seems to exist, as was discovered in thisand other investigations, 110 a reluctance to challenge the status quo and the public confidence in the Police Department. Despite extensive facts that clearly defined a case of police misconduct, the media did not forcefully convey this to the public choosing instead to print or broadcast somebody else's thoughts on the matter or blatant falsehoods. This demonstrated a serious beach of public trust, for if the press can't protect citizens from official misconduct, there will be no - VIII. General conclusion Substantial time and effort was put into an informal investigation aimed at exposing and protections. Whatever the reason, the public, particularly perhaps punishing certain police officers guilty of gross misconduct. The Concerned Law Students that of Western New York, has turned to the and Civil Liberties Union were representing a force of the criminal system, the police, as an cause which was distinctly unpopular to the answer to their problems. Therefore, Police Departments have been updated and improved populace and police agencies. Although there was to be more capable of controlling the offending element. Public pressure in an area, such as police brutality, determine what response the police agencies will give to requests for investigations and indictments. During a time when the public feels a greater need for police protection against certain groups the same public will be hesitant to force the police to purge their own ranks because( of charges of police misconduct by those same offending groups. Public pressure is not the only factor that militates against a successful investigation of this nature. Reluctance, on the part of the mayorand the police commissioners to investigateand charge their own men, police resentment, and obstructionism of the Police Benevolent Association all contribute to the atmosphere that has placed thePolice above the law. The commissioner is most reluctant to take any action against his own men. There seemed to exist within the higher levels of the department an over inflated sense of loyalty at all costs to the police. Thus both Commissioners Blair and Felicetta issued denials of misconduct the day after the "birdshot" incident without any investigation of the matter. Additionally, they are faced with obstructionism by the Police Benevolent Association. The Police Benevolent Association has gained substantial power in the last few years. It has successfully worked for and gained better working conditions and pay for its members. However, it also seeks to impose itself between the commissioner and any officer against whom charges are brought. This process can work for the benefit of all parties but has been abused. Today the PBA, by obstruction the commissioner wherever possible, has contributed to the break down of authority within the Police Department thus contributing to the lack of justice in brutality cases. Many recent incidents substantiate these assessments of the Police Department: One incident that demonstrates the extent to which the commissioner has lost control of his department is the Police Line-Up Case. This incident stemmed from charges that on April 6, 1970, several policemen invaded an apartment, beat the occupants and accidentally maced two small children. Since 62 policemen were at the scene, the commissioner, after complaints were received, ordered all those present into a line-up to identify the culprits. The Union filed suit in federal court to enjoin the line-up. This litigation lasted one year going to the Supreme Court which upheld a lower court up-holding the commissioner's power to hold the line-up. The .. Obviously the editors were convinced of the same things the Concerned Law Students and Civil Liberties Union knew were true, that the agenices involved had not done their job and that the community had a right to know. Perhaps the skepticism developed in the media by the investigation, will someday lead to more changes in the police system. Although the media deserves much credit for the limited success of the investigation, as had been pointed out, the media covered the affair only reluctantly and generally in a very limited manner. This reluctance reflects an unholy alliance between the police and the media. The media rely heavily on the police for most stories in that area and generally seem to be unduly sympathetic with the police agencies. Media relationships to nonestablished groups such as students, are less than intimate, slanting stories of police misconduct even further. The existence of this unholy alliance was confirmed and discussed at great length in the Frustration, report of the Allentown Riot Politics and the Allentown Incident. The authors suggest that the media, both individual reporters and the news hierarchy, are biased toward the police.*06 Also, that the media is most reluctant to criticize the police. ,07 The book summed up media coverage of the Allentown incident in this - manner: Needed 105. Buffalo £nnir,g «»ws, September 30, 1971, "Facts on U.B. Shootings." p. 106. Frustration, Politics andtha Mentovrn Incidant, 27. 107. Ibid., p. 41. substantial evidence that the police had violated several local and federal laws, these factors of an unpopular cause, little public concern and priorities within the police system helped to defeat this effort before it was started. Why is such an effort doomed to failure? The answer to this question seemsto rest on the aforementioned factors, primarily public concern. The public has formed attitudes that determine their response to problems such as this. Today, fears have developed, some unfounded, resulting from the breakdown of the older standards. They have been led to believe the fundamentals of order and property are being undermined. Publicity concerning increased crime rate, inaccurate and misinterpreted, the rise of ethnic minorities, apparently threatening job security and ownership, and the liberality of the young concerning religious and patriotic feelings have increased public fears. Faced with these threats and what at times appears to be open insurrection in the ghettos and on the campuses, the public turns to the simple answer force. The use of force via the criminal justice system appears to be the easy solution since it not only will take the "trouble-makers" off thestreet but it will discourage further assaults on the old value structure. This approach, on the surface, appears to have had results since there have been few substantial race orcampus insurrections since harsh measures of force were brought to bear against the ghettos and offending students. This - 108. Ibid., p. 46. 109. Anatomy of a Riot: Buffalo. 1967. Revised Edition, p. 50. Besag end cook. 1967 I 110. See page 11, columns 1 and 2. 23 —? �police, after '' lineup.1 this,;eluctantly entered into the This incident was significant not only for the fact that the PBA was obstructing action on the case but because of the commissioner's actions. Policemen, numbering 275, refused orders to participate in the line-up. This was done under advice of counsel but was nonetheless a serious breach of departmental regulations. Instead of asserting his authority over the offending officers and disciplining them, he dropped all charges against the officers.' 2 This is one more example of how the commissioner has lost control of his men, but it is not the only example. The Allentown disturbances of June 13, 1971, provide another example of both mindless police brutality, and the commissioner's refusal to take action against offending policemen. Numerous citizens complained of wanton acts of physical abuse by numerous police officers. 11. These same citizens brought their complaints to the mayor and commissioner.1 In the tradition of the city government, the incident was ignored, the issues cloclouded ,s and no action taken to discipline the police. The campus disturbances of the spring of 1970 produced another case of abuse and cover-up. Robert Chou, an exchange student, was severely beaten by two members of the Buffalo Police Department. He filed charges with the police and federal government. The results were the same. The Police paid lip service to the case and the local federal attorney had to drop the case.' * A person was seriously injured by police and yet no one was brought to justice. ' , " ' Once these patrolmen filed suit in Federal Court, the commissioner dropped concerning extortion. 1 '* The the charges without even a court fight. charges may have been dropped because of the commissioner's negligence in safeguarding the rights of the suspects but the fact still remains thathis authority was eroded by thisblunder. The latest episode involves the disappearance of $10,000 worth of confiscated heroin from police custody. The commissioner, acting with unaccustomed force, suspended one person and disbanded the entire Narcotics Squad when it appeared that the disappearance was the fault of that squad.' The commissioner's zeal must be commended, but since he could not avoid harsh action, the District Attorney and federal government also were involved in the case. This action can be seen as an exception to the rule that the department protects its own. The triple threat of PBA obstructionism, police resentment, and official reluctance in the command structure to investigate has effectively deterred substantial actions by the Buffalo Police Department to purge its own ranks. Similar factors worked on The District Attorney, State Police and F.8.1. These agencies also had a working relationship with the Buffalo Police that might have been endangered by any action against the offending officers. Each one also has a limited staff which means limited time for each problem. Priorities have to be established for prosecution. The public apathy or opposition to the "birdshot" investigation and other factors made this a low priority item, resulting in only cursory investigations without results. " take the form of a civilian review board or at least the establishment of a separate and independent city agency to investigate and prosecute official misconduct. The state government is in an excellent position to force needed changes on local government by law. The state has the manpower to investigate, study and recommend solutions on a state-wide basis. Additionally, the state police have the facilities to act as overseer of city Police forces. The federal government is more remote from city and cannot be expected to oversee ail misconduct. It is responsible, however, for the protection of federal rights. Therefore, by investigation of legitimate complaints and attaching conditions to federal funds, the federal government could secure certain rights. All of the above depends on the public for implementation. There will be no equal protection under the laws as long as the public remains uninformed and in fear. Since there is little hope for a massive educational effort to bring justice back to all, attempts to substantially alter the discriminate enforcement of laws will meet with failure. Police can be expected to maim many more people without the establishment of adequate deterrence. . The author recommends the following reports which further document police misconduct in the Buffalo area: 1) Frustration, Politics and the Allentown Incident This report produced by six members of the community, documents the police confrontation that marred the thirteenth annual Allentown Art Festival. Copies (at $1.75 an issue) may be ordered from PO Box 909, Ellicott Station, Buffalo, N.Y. 14205 or by phoning Rev. Stephen Chamberlainat 896-3596. 2} The Anatomy of a Riot: Buffalo, 1967 by Cook and Besag whichdiscusses the causes of the 1967 race riots. - Another case that exemplifies this lack of control involves several off-duty patrolmen who were alleged to have beaten several citizens after a football game. These citizens were arrested but eventually charges were filed against the 1,7 As of this printing, no affirmative police. action has been taken by the commissioner to resolve this matter. Brutality cases are not the only examples of lack of control within the Police Department. Charges were leveled against two policemen for their refusal to answer departmental questions What results from this consideration of the Criminal Justice System is a finding that there is substantial disparity in the manner of law enforcement depending on who is the offender and who is the complainant. If the police accused students of shooting at police the result would be indictments. The 1970 Erie County holdover March Grand Jury went out of its way to investigate every detail of campus life whether it bore on crime or not. Thus, the criminal will be found or investigated if the problem involves student misconduct, and ignored if it involves The author would like to extend his thanks to the numerous parties who have made this report ■possible. Special thanks go out to the law students, attorneys and the New York Civil Liberties Union] Niagara Frontier Chapter who spent timeand effort on making this report possible. police misconduct. 111. Buffalo evening News. July 16, 1971, "Complainants Identify 10 Officers in Lineup," p. 23. 112. Ibid., November 9, 1971, "Felicetta Drops Charges Against Police in Lineup," p. 1. 113. Frustration, Politics andthe Allentown Incident, pp. 5-7. 114. Ibid., pp.47^9. 115. Ibid. pp. 49 59. 116. Buffalo Evening News. May 13, 1971, "Probe Fails to Confirm or Deny Beating Case." p. 36. 117. Ibid.. December 7, 1971. "Police Charge Patrolmen in Stadium Incident." p. 41. 24 Solutions to the problems must come from a variety of areas. The city of Buffalo's government must exert civilian control over police activities in order to control misconduct. This control could 118. Ibid., May 20, 1971, 'Two Policemen End Suspemions, Charges Dropped," p. 45. 119. Ibid., December 1, 1971. "Unit Commander is Reassigned Patrolman's Rank," p. 1. Photographs by J. Neal Fox and Ron Silver.tein. �LET R 1 Office of the District I \ \ Attorney Erie County Hall Buffalo, N.V.1«02 Michael F.DiHon Attorney LETR 3 1 1 1 John J. Honan Firs t Assistnat \ I D strict \ Septembers, 1970 \ Gentlemen: .hat . | press Conference I will not appear at ,n; QpM However, e3%'"*L*JlOsch ° s repo'« °» ye revliewed York at Buffalo. * r<l spoken wl I ■*«««* LETTER 4 \ District \ / Mr. CO Joseph Rhodes Jr Harvard Univers/t/ Dear Mr. Rhodes, LETTER 2 delivery S,Uden S forPeace I' within free 2one 5631 Broadway Lancaster NY (DWX) Dear Sirs: ' V Se en,h " campus at Buffalo , inducted by the state police a. inconclusive in«cmet vesX.TO r »c ",O ' ' mqU sat P rCe a °" Information " -- & ° ra,°so ZT" """"* "" * T, them **m&!tSJ2F Howard Shapiro Assistance Counsel to the governor ' ft-«2£LISfSsSS i™"""'"9 ,Urther ,u oi - ' IS^^SS^SS^ °-" '" * c 9OVe ™r Was " „' " men"'inside °"""'** °' una™«l LveraZZ I*™" nat,on. We offer our full cooperaton anH place to *« and report on T °mmunitV =nd the C Yours very truly Edward I. Koren, Staff Counsel Magara Frontier Chapter. NVcTu Richard Rosche Concerned Lamtudents for Peace LETTER4B « f ,he s,a n ° c E ° Co««V P««c. a who- o9e ™ JurY bears P -wponsibility for Kcertammg ascer,a ni the h existence of wrongdoing rim^V in Erie County. m ,his ma,,er mus, come ,rom locai C UrSe ,Urmo injurL gathered by a < the State University of We thi k the mmine ,hat " tseflr, n"t -^ " ConrP ™ L S Ontanfty Advocate's Office he ,h° of vu ™ ™°™. the Niagara Buffalo has been turned ° 7 °* New Yo over o legislators.- the aw F.8.1., State Pofe h nenfora™n, agencies and sma,ors G State University rV Se ere V hmP<*<>o the perforce re "dered d •"""•Iβ. 1970 Buffalo police on may rounds of cars came uo on birdshwor students and bystanders. many DLV PD , H "k™ '° 'he Buffa '° o'fice ■" *c Federal Bureau of nu« investigative efforts of the highly ' New York a, Buffalo. a Commission should concern several 3, ,97 rela,ing ,o ,he on . / «%z Niagara Frontier Chapter N« Vo* Civil Liberties^,, 1370 Main Street Buffalo. New york M2og Attorney MFD:ES acob *SJ " «-- Dear Mr. K°'° n ;,cl , June 18.1970 ur e«er and P^" 25 �/ / - LET R 4C LETTER 6 9e Ma «- 02138 DMrM'. Rhodes: take further action. s/ncere//. Jem's Leonard General Assistant Attorney Rights Division Civil LETTER 7 United States Department of Justice Washington, D.C. 20530 Oct 12 1971 Mr. Richard J. Rosche 5631 Broadway Lancaster, New York 14086 Dear Mr. Rosche: LETTER 5 Sep 16 19° This is in reference to your discussions with Mr. Scall of this Division, and to your letter of June 23, 1971, concerning the incidents occurring on the campus of the University of Buffalo on the night of May 7, 1970. We have examined the evidence already in our possession and we have weighed the likelihood of our obtaining additional evidence that would lead to a prosecution, or prosecutions, under the federal civil rights criminal statutes. Based on these considerations we have determined that no further action on our part would be-productive and weare closing our file. I do appreciate your cooperation in this matter. Sincerely, David L. Norman Assistant Attorney Genera/ Civil Rights Division By: Robert A. Murphy Acting Chief, CriminalSection 1§jfilii LETR 8 / as?-'"'ther 'i,', '" r ""•■'•" / «Pons e / 26 �. HEALTH REPORT Memorandum To From- , Dr. Peter fW Dr. Leßov Pesch may request. . enPloyt er9e "cv R ° the year o(rt r,,e "iore State University of New York at Buffalo University Health Service Memorandum Date: May 15, 1970 Leßoy Pesch, M.D., Dean To: From: Paul F. Hoffman, M.D./Dr. Mussetman Subject: Incidents on May 7-8, 1970 The University Health Service provided first aid services throughout the evening and night of Thursday, May 7 especially from 9:30 P. M. through 2:00 A. M. During that time, an undetermined number of students who were either suffering from chemical irritants or injuries were treated both a [sic] the Michael Hall facility and at first aid stations manned by students in Norton Union and Tower Dorm. Many dressings were done on the spot and it is estimated that about twenty-one students were sent to Meyer Memorial Hospital by private cars or LaSalle Ambulance. During the evening, the Health Service physician at Norton and Tower saw three students with small penetrating wounds 1/8 1/4 inch in diameter that were said to have been caused by bird shot.No foreign bodies were found in two, but the third had a small palpable nodule adjacent to the wound in the left eyebrow area. Medical students and other first aid personnel reported seeing at least four or five similar cases. Two additional cases were examined by the physician at the Health Service in Michael Hall. Again, no foreign bodies were noted, but one wound had a subcutaneous nodule. The total number appears to be ten or eleven but because some of the casualities may have been seen by more than one person, the total number may be smaller than indicated. Attached is a list of the more serious injuries which were referred to the E. J. Meyer Memorial Hospital. - / .asSs^ PFH/cl 27 �MAIN STREET CAMPUS BUILDING INDEX — —— — — — — —— —— —— —— —— — — 1 Hayes Hall 2 —Vivarium 3 Hayes B 4 Hayes A Hayes C 5 6 Physical Sciences Library 7 —Hochstetter Hall' 8 Townsend Hall 9 —Old Faculty Club 10 Parker Engineering Building 11 —Chemical EngineeringBuilding 12 Acheson A 13 —Acheson Hall 14 Nuclear Research Center 15 Central Heating Plant 16 —Service Building 17 Service Center Building 18 Carbon Research Laboratory 19 Clark Gym 20 Rotary Field 21 —Sherman Hall 22 Capen A 23 Health Sciences Building 24 —Capen Hall 25 MacDonald Hall 26 Michael Hall 27 —Trailer Complex 28 Annex B — — — —— ——— —— —— — 29 Annex A 30 —Clement Hall 31 Goodyear Hall 32-SchoetlkopfHall 33 University Tower 34 —Cooke Hall 35 Balrd Hall 36 Foster A 37 Norton Hall 38 Foster Hall 39 Lockwood Library 40 Crosby Hall 41 Lockwood Library A 42 Dlefendorf Hall 43 Dlefendorf A 44 Harrlman Library , They sho t a Bufalo, 1970Report May, New York on Police Miscondut studens- � 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, 1972-02-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 12 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/24/1972 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 15:42:00 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/651aae88954a501e99a595848c19802a.pdf e070025db85ef41492176d9309a5a87a PDF Text Text I PAID MJFFALO. N.Y. I I reran no. im I OPINION THE Volume 12, No. 9 , US. Postafe . The Opinion 77 West Eagle St. Buffalo, New York 14202 State Unjwnity of Htm York at Buffalo School of Urn March 9, 1972 Niagara Competition Wayne State Victor by JamesBrennan Hearing the moral arguments on Friday evening were Michael Dillon, district attorney; William Angus, professor at Osgoode Hall; Leonard Walentynowicz, Vincent Doyle, Philip Abramowitz and Judith Manzella. Presiding over the moot Supreme Court of the United States on Saturday were Richard Arens, University of Toronto professor; David Jay, Herschel Reingold, Judge Buswell Roberts, Ray Green, Robert Sommerstein, Sheldon Market, Tim Dwan and Marge Quinn. Each panel of judges played the "devil's advocate" as the attorneys for both sides presented their arguments. Asking penetrating and at times rather difficult questions on the. facts and legal principles of the case, the judges rendered a verdict more on the performance of individual teams than therelative merits of the case. They graded each participant on the organization of his argument, speakingability,responsiveness and flexibility in answering questions and knowledge as to the facts of the case. The team of Larry Powe and Michael Irish of Wayne State University won the Niagara International Moot Court Competition Saturday afternoon in County Court. Presenting their argument for Connie Catalyst, the respondent in the case before Judge Matthew Jason, Professor Marjorie Girth of State University of Buffalo and Professor Raymond Brown of the University of Windsor, they defeatedRichard Grant and John Reid of the University of Western Ontario in the finalround of the competition. David Zifkin of the University of Toronto was chosen best speaker of the competition and Wayne State University wrote thebest Factum, which is a typed argument similar to a memorandum of law concerning the issues of the case. The moot court team from the State University of Buffalo, consisting of Bill Peltz and Bill McTiernan, won as Respondent against Osgoode Hall Law School of York University on Saturday morning and lost as Petitioner to the University of Western Ontario on Friday evening. The Moot Court Board offered their thanks to The University of Toronto was beaten by Wayne Maurice Frey, Marjorie Girth and Ken Joyce for State as Petitioner on Friday and lost to the coming to the competition and offering faculty University of Western Ontario on Saturdaymorning. support to our team. Law Alumni Host Dinner The University of Buffalo Law School AlumniAssociation hosted a dinner last week at the Buffalo Athletic Club at which diplomas were awarded to January graduates of the Law School and awards were presented to outstanding alumni. Dean Richard Schwartz was the main speaker of the evening. His address emphasized the contributions of the Law Alumni Association to the Law School and also outlined the expansion of legal education into areas previously the exclusive domain of social scientists. He emphasized, however, that this expansion must be based on a sound and thorough traditional legal education. William Mahoney was honored as the outstanding practitioner. Receiving the award for outstanding Jurist was Judge John T. Curtin. Gretchen Hazel received the award ceremony Law Review Announces Appointments The Editor-in-Chief of the Buffalo Law Review for the 1972-73 year will be David Sands, it was announced recently. Assisting Mr. Sands will be James Gresens, Managing Editor, Paul Cameau, Publications Editor, Barry Bassis, Research Editor, Mike Place, Articles Editor, William Feigenbaum, Note and Comment Editor, and Lauri Filppu, AssociateEditor. Senior members of the Review will be Arthur Ackenhalt, Susan Bloom, Terry Difilippo, James Donovan, Sammy Feldman, Neil Goldberg, and Stanley Valkosky. The new Editor did not reveal any specific plans for next year's Review at this time. He did note, however, that Freshmen may anticipate being notified in the near future concerning becoming candidates for the Review. for Faculty for Grades, SCATE Discussed outstanding contribution in public service. The master of Uw Review Staff 1972-73 Standing (I to r): MikePlace, William Feigenbaum, Lauri Filppu, Barry Basils, Sitting.' lames Gresem, David Sands. Editor-in-Chief. Paul Comeau. the occasion was Judge Bayger, the President of the Law Alumni Association. Concerned Students Room 110 is flooded with students as Provost Schwartz explains the implications of the recent Court of Appeals statement at a recent Student Bar Association meeting. For a report of the three meetings held since the release of the statement, see page three of this issue. SBA Week of Mass Meetings Women in Myth "Fear of Women" by John Samuelson The Faculty meeting of March 1, 1972 began at 3:30 P.M. with a discussion of the current problems raised by the opinion of the Court of Appeals regarding certification of graduates. The general consensus was that the faculty and administration should continue c xa mination of the situation with the Court of Appeals in an a ttempt to reach a solution agreeable to all. It was revealed that there was some basis for cautious optimism in these discussions. Both Dean Schwartz and faculty members expressed concern for current Seniors and Juniors and stated that as they participants were in an educational experiment", it was the responsibility of the administrationand faculty to try to work to alleviate the situation as much as possible. . IN THIS ISSUE: RIGHT ON! Eddie Weeper?..... Meeting page two page three , page three Attica Six Months Later page four Court of Appeals Blues Our Poet Laureate Interprets page four Notice The Opinion regretfully announces that unless funding can be found for further publications, it will have to cease publication with the next issue. At the present moment every effort is being made to secure funds, and it is hoped that we will be able to continue to serve the Law School through the end of this semester. SCATE EVALUATION Professor Hombergef, chairman of the FSRB, moved that the SCATE evaluation be made available to the faculty and the student body, as recommended by the FSRB. Professor Tietelbaum then moved that this motion be amended to allow disemin.ition of only those results in which at least 60% of the students in class participated. The motion was passed with the above amendment. APPOINTMENTS COMMITTEE The Appointments committee then announced that Nancy Gcrlner has declined her invitation to join the faculty next year. The body ..then reviewed the qualifications of two candidates for faculty position, Daniel Steinbach and MarkFisher. . * SCHEDULEPROPOSAL General discussion was then held on the new schedule proposed by Registrar Charles Wallin. There was no unified consensus on the topic with some faculty members expressing concern that the early start before the Labor Day holiday would mean wasting the first week of classes whileothers commented that they favored the advantages of a longer break between the first and second semester which the new schedule would allow. No action was taken at this time. The meeting adjourned at .fcI.S.P-M. �THE OPINION 2 Editorial Crisis At this time it is still uncertain what the final outcome will be in the current crisis over grades and certification. Whal must be clear to all, however, is that the parties most likely to be harmed are those who had the least control over the situation and therefore the least responsibility for the crisis. It is of no value at this point to try to find fault or blame. It is important to emphasise the potential harm which may fall on Seniors and Juniorsat thislaw school. There are few students here who have not made major sacrifices in order to attend and successfully fulfil the degree requirements of the Law School. To tell them in the last semester of their Senior year that the standards have been changed, and that more effort and expense must be bourne in order to reach that degree, is a very serious act. We are not in any way asking the Court of Appeals to lower standards or grant exceptions. We do ask, however, that the court examine carefully all the evidence before coming to a final decision, which will affect so many. The situation is serious, and it is a time when the entire School must work together. All alternatives must be examined so that, in the end, whatever comes out will be the best that could be accomplished. Editor-in-Chief JohnK. Samuelson Assistant Editor Rosalie Skill Managing Editor George Riedel —— —- News Editor Vacant ArticleEditor Mike Montgomery S.B.A. Editor Vacant Feature Editor Vacant Photgraphy Editor SamuelFried - —— James — Samuel Fried, Staff Writers Columnists Contributors —- Production Manager Vacant Business Manager Chris Greene Otto Matsch, Jeff Spencer, 1 osalie Hull, David Schubel. Otto Matsch Photographers : Brennan, Malcolm Monis Chris Belling, Oary Masline, David Klein The Opinion is published every other woek except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. the Editor: ' by Malcolm Morris been misinterpretation on the part of some of the faculty. Whether the error belongs to those professors whohave not given any HD grades since the system's inception or to those who have consistently given two or more HD's per term, I do not know. But I do know that the inability of the faculty to come to some general understanding on this matter has created great confusion and some unrest. Rather than to have the faculty eventually promulgate some standard for the HD I feel if is best that the grade be eliminated. No matter what standard may be established there is always the problem of enforcement, and in this case a situation where only one or two professors were not following the standard would heighten, and not lessen, the problem. Election Commissioner Jeffery L. Sommer had decided that thisreferendum will be held the day of the S.B.A. elections. Whereas I usually end my "corner" by making an impassioned plea for student support, at this time I do not think it necessary. I think that the events of the last few weeks have demonstrated the usefulness and desirability of a strong student government. In light of this I expect many students to come to the office for their petitions to run for the five executive positions. Elections will be held in the last week of March for the executive positions, with the representatives being elected the second week in April. - Letters To The Editor Matsch has sidestepped the real issues: Will he be I am perplexed on how (or whether) to reply to attending another school? Is he anti-American? Otto Matsch's reply to my answer to his column. I suggest Matsch read deeply in the brilliant and Fearlessly, however, I have prepared three provocative series of lectures delivered at the Gonzo counterrepties to his reply, all equally relevant, Journalism Symposium at the Lyons (Kansas) Nuclear Park in 1965. I especially commend him to materialand undistorted. Dr. Raoul Duke's "Objectivism vsr Recividism." Counterreply No. I: 1 am unaware that Claude Kirk, Vance Kilpatrick or CounterreplyNo. 2: William Hazlitt are or were ever historians. Haztitt, You misread. I did not write that conservative for example, is a Wyoming, Pa., physician much historians support public schools, but I did say they given to penning letters to the Wilkes-Barre Record. agree such schools are part of the American value As for Milton Friedman, not only is he not an system. Consult Daniel Boorstin, for example (i.e., ['11 see your three historians and raise you one). historian, but there is doubt he is an economist. And, how do you reconcile attendance at a public For the relevance of beards, Matsch should consult school? the wisdom of the courts'. Tinker v. Dcs Moines School District, 393 U.S. 503, 89S.Ct. 733, Counterreply No. 3: 21L.Ed.2d 731, (1969) and the 1966 Fifth Circuit No, Otto, Eddie Waitkus did not play in the early cases, Burnside v. Byars and Blackwell v. Issaquena '50's Brooklyn outfield. While you're right that Carl County Board of Education, 363 F.2d 744 and 749, Furillo and Duke Snider were Dodger outfielders, for guidance on substantial disruption and symbolic Waitkus was a Phillies first baseman. In fact, free speech. Waitkus greatest claim to fame was the bru-ha-ha resulting when he was shot and wounded in his One can clearly see that while a radical leftist no hotel room. Your mention of Sam Cook further longer causes substantial disruption when wearing a confused your readers, for Cook was shot in a motel beard, when a locally well-known conservative wears room. And, of course, Andy Pafko was the other one, the shock at this inference of symbolic Dodger outfielder. expression is likely to cause spontaneous fist fights Now, can you answer these questions: What field as Matsch's friendsattack him forbeing an apostate. did Andy Pafko play? Who shot Eddie Waitkus? What position did Sam Cook play? No amount of lollygagging will hide the fact that Gene Goffin March 9,1972 ——— PRESidNCT' ORNER 1 think it best, because of the still existent general uncertainty on my part, as well as on the part of some more reknown persons, that 1 not speak to the issue of "U" grades and their true meaning in life. However, I do think that some discussion of the opposite pole of the grading system, the HD grade, is in order. From my attendance at some committee meetings (both faculty and 5.8.A.) I have noticed that there is increasing confusion as to what the HD was meant to be, and what it has become. It seems that this confusion has also passed on to employers and other institutions that request transcripts. In light of this confusion the S.B.A.- will hold a referendum to see whether the student body favors the continuation of the HD or abolition of the grade. My feelings on this matter is that the student body, and the school as a whole, can only benefit from the abolition of the grade. My reasons for this are based on what I understood the intention of the new system to be and on the fact that the faculty has never faced the issue squarely and set down meaningful guidelines to be followed. I understood the HD to signify a level of work that was assumed, from past experience, to be achieved by one or two students a term, not by two or three students per course per term. I may have been wrong in my interpretation, but certainly the current state of affairs demonstrates that there has To ™ OPINION Volume 12, No. 9 March 9, 1972 RiGHTON! by The Horrible Ordeal of Eddie Weeper, A True Taleof Woe the time this article appears in this, your favorite newspaper, Ed Muskie will probably have won the New Hampshire Democratic primary. His wonderful supporters will hail it as an overwhelming victory. His wonderful opponents will say he lost, because his margin of victory was not enough. (These predictions are being made 7 days before the primary.) But the New Hampshire voters are a strange bunch, and unpredictable, and if Ed jams his mouth full of foot again he may end up wondering how McGovern got their votes. Ed's hoof-in-mouth disease became publicized late last year when he declared that the Democratic Party, and Democratic voters across America, were too racist to vote for a ticket starring Muskie for prez, and any black in the world for veep. Having outraged lots of folks with his candor,he pretty well kept his mouth shut for a while and performed an excellent imitation of Snoopy imitating Lincoln. He did bark a bit at Nixon's peace plan, but his howls were drowned out by the yelping of the other Democratic candidates trying to out-peace each other. And then he was embarassed by McGovern's challenge to reveal his donors; Then Eddie saw a chance to generate some VMrionk.; and snatched it up. The Manchester, New Hampshire, Union Leader, published by William Loeb, printed two pieces that Ed disapproved of. One was a letter to the editor, in which the writer claimed thathe had overheard By some of Muskie's staffers making derisive remarks about "connocks," meaning French-Canadians, and claiming that Muskie had joined in the laughter. The other piece was a reprint of a short article that had appeared in Newsweek magazine and which was critical of Eddie's wife. After making sure that publisher Loeb was not at the Union Leader office, Muskie led a parade of staffers and newsmen to the Union Leader buitding and challenged Loeb to come out and face his wrath. Muskie then moved into phase three, and launched a passionate speech. In it he called Loeb a "liar" and a "gutless coward," said that it was a good thing that Loeb wasn't there on the platform with him, and wept big crocodile tears. It was a beautiful scene, perfectly executed. But there were a few anomalies in the sermon on the stump that might be examined. For one thing, Ed never denied the truth of the allegations made by the tetter writer. The omission was either deliberate or Ed was so distraught that he plumb forgot all about straightening matters out. (Take your pick.) Another odd thing was his reference to Loeb as a liar and a gutless coward. If he meant the letter to the editor, then the writer, not Loeb, was the liar. Perhaps he meant that Loeb was a coward for '■ ii that doesn't "iake any sense even if he printing meant that the heroic thing 101 Loeb to have done would' have been to suppress that nasty ol' thing. On the other hand, if Ed was referring to the article about his wife, it was merely a reprint from Newsweek, so Loeb would ' OTTO MATSCH hardly be the liar of that piece (assuming it was false). Perhaps Ed meant that Loeb was a coward for reprinting it, which makes Ed a hero for attacking the dastardly and that leads one to wonder why Muskie was too cowardly to attack Newsweek, a powerful news magazine with national circulation, but brave enough to castigate the publisher of a small newspaper. To top it all off was Ed's remark about how lucky Loeb was not to be on the platform with Ed. The implication is that Honest Ed Line-, er, Honest Ed Muskie would deal summarily with the villain. My, my, looks like a clear case of casting a chilling effect on the first amendment to me, leaping around like that and threatening people for carrying out their constitutional rights. Wait 'til the Fun City Times hears about that! The tears were a good touch. Look, folks, here is your candidate, the .reincarnation of Lincoln himself. Look at that sympathy for the down-trodden, that courage, that '; gen-yew-wine Yankee, the perfect combination of. guts, heart and brain. deed, 1 can see it now: Jan. 4, 1.973. President Muskie pidk* i; hot line from Moscow, After half an hour of / bluster Kosygin decides that he can't talk Ed into giving' up Alaska, so he calls him a-dumb Pollock, and calls his ■ wife a canuck. President Muskie breaks into tears, pushes ihe red button- on his desk, and thereby launches Armageddon. "Good thing he isn't here in the oval room with me," mutters Ed as he hangs up. up the (AND HE'S THE THEOPIMN JOHN ONLY LOVES ONE) �March 9, 1972 THE OPINION 3 S B A Crowded Meetings Over Grade Problems By Michael Montgomery The 25 Feb. SBA meeting D's involved a presentation of the problems presented by the apparent misunderstanding between the Faculty and the Court of Appeals on graduation and certification requirements. As stated; the Court requires the successful completion of 81 hours, a U grade not being considered satisfactory completion, and the passing of all required courses. Administration error in regard to the believed requirements of 72 non-U was admitted. Provost Schwartz suggested review and reexamination in problem courses, supplemented by negotiations with the Court as a possible route to remedy the situation. Open book, takehome exams, and papers were suggested as various means of making up a U grade. Balancing of a U grade in a non-required course with an H grade in the same semester was also a possibility. Re-grading by fiat was considered unacceptable. It was stated that the institution of a differentiation between passing and failing U grades for this semester is presently before the Faculty. Professor Newhouse's proposal A special meeting was held on 28 February for the general student body in regard to the certification problem. This meeting was highlighted by a presentation by Professor Newhouse of the rationale behind the institution of the present grading system. Professor Newhouse asserted that the present system serves and reinforces the desire for quality in graduating students which is the basis for the Court's stand on certification requirements. Mr. Newhouse stated that the grouping of system in regard to requirements of successful completion of 72 hours. 4) that students enrolledunder this carefully considered system should not be penalized by additional requirements for their good faith reliance on the system as purported to them. Provost Schwartz recognized that the required course problem is yet unsettled, and that the 1 credit for Legal Research will be handled administratively. He emphasized the need for little publicity in regard to negotiations, asserting that too much noise may detract from the desired result to be obtained. GRADING REFERENDUM: In regard to Lee Ginsburg's proposed referendum on the elimination of the HD grade, to be heid during the election of SBA Officers, it was felt best to form a committee to submit a presentation of the FACULTY MEETING RESULTS, GRADE various grading alternatives to be presented to the student REFERENDUM CONSIDERED. Provost Schwartz body. It was noted that the elections for Officers will be commenced the 3 March SBA meeting with a presentation on the last week in March, runoffs and the election of of the fruits of the recent Faculty meeting in regard to the Directors to take place on the return from Spring Bar certification problem. Concurrent with the 2 vacation. alternatives suggested at the general meeting above, Mr. LAW WOMEN: A line allocation budgetary change Schwartz expressed strong hopes for further negotiations permitting Law Women to fund a trip to Albany to attend through direct conversations and written presentations. the NY State Women's Political Caucus was approved He hoped to have the results of these negotiations by the 1 1-2-2. week of March 13, hopefully agreeable to the Court, NEW SCHEDULE: Student input on the new schedule is students, and faculty. The basis for this solution were to be obtained through meetings of the Freshman and outlined as follows: 1) that the present system was an Junior Classes under the Leadership of their elected experimental one when instituted in the Fall of 1970. 2) Directors. that shortly thereafter proper notice of this change was STUDENT FEES: A question was raised on the failure of sent to the Court of Appeals and the State Board of the SBA to make provision for the waiver of mandatory Education with no negative reaction forthcoming (and student fees for poverty level students, as has been done approval by the State Board and the ABA). 3) that by the GSA and other student bodies on the Main students accepted in good faith the propositions of this Campus. and F's in the U category was designed to promote student quality by eliminating marginal students whohad managed to skate by on the old system by balancing out D's, which would now be U's but were considered successful course completion by the Court, with a B grade in an easier course. He pointed out with statistics that while previously there had been 1%F's and 14% D's, there were now 15% U's, and that the present grading system was actually tougher than the traditional system previously in force. It was the feeling of the body present at this meeting that Professor Newhouse's position be supported actively, coterminous with an examination of the possibilities for review and reexamination and further negotiations with the Court. GRC AdE HART Women in Prison A dedicated advocate of prison reform, Kitsi Burkhart, spoke before the Women's Study-Group at U.B. recently on "Women in Prison". "Prisons should be abolished. I don't like the words 'reform or 'rehabilitation'" Ms. Burkhart asserted. The author of a recent article on women in prison in Ramparts, discussed problems she encountered in her extensiveresearch. Inherent in the prison system, Ms. Burkhart noted, are the 'sexist beliefs that women are not as dangerous as men. In none of the prisons are women given any of theirnatural rights. Sexual discrimination comes up early in the arresting process, Ms. Burkhart found, for many young girls are taken to juvenile detention homes due to their sexual experimentation, whereas the same actions are considered normal for a boy of the same age. According to Ms. Burkhart, this sexual obsession comes up regarding homosexuals, for the people who are most upset about homosexuality in jail are the same people who are most anxious to limit an incarcerated woman's contact with men. "I haven't been able to find any jail that has decent health care", she stated, and gravely noted the experiments that are carried out on prisoners with new drugs. The allocation of prison monies nationally is tragic, forabout 96% goes for maintenance and only 4% forrecreation, medicineand food. Ms. Burkhart is looking in the direction of long-range alternatives to jails. Halfway houses offer a possibility, but oftentimes they can be far more repressive than jails. Rehabilitation,she feels, assumes by its very name that something is wrong with the person that must be corrected. "Alternatives must be provided for people to shape their own lives." , , NEW YORK BAR Wk jrjBAR REVIEW - JULY EXAM COURSE under Uie New York Education Law training of Veterans. and approved for the THE JOHN OPIN LOVES The unique method of approach utilized in the Course was developed by Joseph L. Marino and his staff of experienced provide lecturers and active practicing attorneys, in order to with the Bar Examination candidates for the New York State(I) with the essentials of proper preparation:ready a familiarity of theNew York (2) recall a examination, of the nature Law (3) a reliable method of analyzing complicated fact answers situations, and (4) a facility for writing well-reasoned (6) recent (5) a review of yes-no Bar type questions. development in the law. INC \ MARINO BAR REVIEW COURSE Garden City, N.Y. 11630 109 TuHamore Rd. —founded in 1946— �over the last 5 years, better than 80% of ourstudents have passed the Bar Exam > HD (%) H Students ItUI Course and Prof. —— (%) Q (%) U (%) FRESHMAN (5) 47 (78) 0 (0) 0 (0) 82 7 15 1 57 (66) 15 (50) 0 (52) 0 (33) 0 (68) 6 (12) (0) (0) (0) (7) 2 0 10 (2) 1.08 (0) 1.50 (33) 1.21 18 (20) (50) (14) (33) (21) 3 (4) 1.15 18 2 4 (15) 93 (18) 8 (36) 4 (76) 6 (73) 0 (36) 2 (5) (0) (18) (3) (9) (0) 1.11 1.20 1.36 60 0 (0). 3 125 14 29 3 84 0 0 0 0 (0) (0) (0) (0) (0) Homburger/Greiner 122 0 Min. Eco. Dev.-Donegan i 1 0 11 1 U N Law-Buergenthal (0) (0) (9) Criminal Law-Holley No (%) Rating Grade .88 JUNIOR/SENIOR Admin. Law-Gifford Auto Ace Comp-Laufer Civil Rights-Mann Comp Ping & Dev-Kaplan Future Interest-Mugel Land Transactions- 0 25 7 4 1 ■ 1 4 1 0 (33) 1.50 Distinguished Visitors Forum Davidson Speaks On Women in Myth by Rosalie Stoll "It is my theory that the dominent role of men in Western Society is a defensive posture founded on their fear of women", thus began Prof. Kenneth Davidson in his recent speech "Women in Myth". Professor Davidson, speaking before the SBA Speakers Forum, reviewed his recent thesis which is currently on reserve in the library. His belief is that men are dominent because people expect men to be dominent and women subservient. People become what society expects them to be. One of the problems involved studying myths is the difficulty in separating where in the myth leaves off explanationbegins. and rational with a study of the ancient gods, Davidson explored concept the of the earth mother and the patriarchiat father. The earth mother is married with children, and the male, the son, challenges, it is the usurpation of the female role that makes Beginning the male god dominating. J udeo-Christian myths go much further to belittle the role of women. Pregnancy, according to the myths, gives women too Spirit fills Mary with the Devine Child, a male. All myths, Davidson believes, ignore the functions of the female body. He mentioned the ''curious custom of congratulating the father on the birth of a child". ■ Female goddesses are qualitatively worse than male the devil has female gods characteristics. Traditionally - females have been characterized as Jezebel, Delilah, Salome and forced to bear the burden of Eve. Social structures attempt to recreate societies relationship between, society and myth. Women have been eliminated from competition in business. Men start with more floating status than women. They are I viewed as always uncontrollable: Davidson pointed out that great a roie in reproduction, bye the images of women must be was created front Adam for the revised. To reach this end, he suggested that women play on purpose of helping him. Unlike the Greeks, the Judeo-Christian other myths. "Like the law," tradition does not admit a Davidson pointed out, "myths greater Tole of women: the Holy lagbehind cultural change." - ., : �March 9, 1972 THE OPINION 4 Up Against by Joe Heath Thirty miles from Buffalo 100 men are locked into their individual cells CONSTANTLY (not just at night but continuously, day and night). They are allowed out, individually, once a week for a shower. Occasionally they are taken to a room without a ceiling which thehumane and liberal prison officials call an exercise yard. This is not surprising from those same guys who conspired to place order over human life and decided to kill 43 men to wield the bloody club of their waning authority. These men, who are forced into solitude, have been oppressed like this 24 hours a day since September when they saw their brothers murdered and they were shot and beated and stripped and made to crawl and run naked between lines of club-wielding police and guardsand called, "NIGGERS". What have these men done that calls for their being treated so brutally and inhumanly? They and 1200 of their brothers stood up one day and demanded that they be treated like human beings and not like animals. They could not tolerate beating, abuse, and tear-gassing by guards coupled with being allowed only one shower per week, added to no hot water in their cells, plus shortages of: even minimally adequate medical treatment, adequate library facilities, toilet paper and razors, and adequate recreational facilities. The state admitted that their demands were justified and that such improvements were long overdue. Yet because they stood together and demanded these minimal necessities, the state decided tjiey must be shot, beaten, and punished. How is this insanity justified? Several of the inmates were deliberately shot was over. These men watched AFTER the assaultthrough on their brothers shot the head while lying the ground. They saw an inmate's head pushed through a glass window at the hospital; they saw inmates killed after they had been forced to beg for their lives. These are acts of extreme hatred. One of the hostages has told about the inmate Who was assigned to guard him during the attack. The hostage has related that when the firing had stopped he had to lift the man's body from his own. The man had been shot seven times and had given BullETiN BOARd The Bench his life to protect a man who had been one of his immediate oppressors. That is an act of incredibly strong love. I ask: Who should be locked up: the men who did the shooting and the beating or the men who risked their lives to protect their oppressors? And yet these 100 men are and have been in 24 hour-lock up for six months. When the state was finally forced by the reluctant courts to explain why, they, after three months, suddenly came up with the story that it was to protect them from the general prison population; they are not being punished! Even a cursory look at the realities of the situation reveal that this is bullshit. Since these men are on a separate wing from their brothers, why is it also necessary to keep them each locked in his cell when no one could even get to their wing? Any talk of protection is a racist lie. The truth is that the state is so afraid of the solidarity of these men that they even prevent them from being able to talk to each other. How can their talking inside that cell of facism be harmful to any of the "good" citizens the state is always claiming to protect? When I look at this situation of brutality, very saddened that it is allowed to go 1am on. I am angered when I think that it is being done in my name. It is being done in all of our names, much like the bombing, burning, and slaughter of third world people in Southeast Asia. It is being done in our names like the killing of George Jackson and Fred Hampton. It makes me wonder how much more filth will be done under the banner of Amerika. As people supposedly concerned with the workings of the 'legal* system, we should be doubly outraged because all of this could be prevented if the state were made ta follow their own laws. If such atrocities really bothered law students, they could get off their asses. Instead they lounge around the basement of Eagle Street and play cards and spew smoke into the air to poison each other. They are too busy learning how to charge $30,000 a year GRADUATION Portraits for the Law School Yearbook will be taken in the Faculty Lounge on the seventh floorof the Prudential Building on Thursday, March 9th from 9:00 to 11:45 and 2:45 until finished. The portraits are for both Seniors and Faculty. No special dress is required but it is recommended that students remember that they may wish to use the pictures for purposes other than the yearbook. CAPS AND GOWNS The Graduation Committee is attempting this week to learn whether Seniors would prefer to wear Cap and Gowns or suits to this year's graduation ceremony. A list has been placed on the Bulletin boards for Seniors to show their preference. It is important that the committee learn this in order to complete plans for the graduation. STATEMENTS CAMPIGN The Opinion will publish an election issue which will come out the morning of March 28th, the first day of balloting for SBA officers. It is asked that all students considering running or SBA office submit a one page doublespaced statement of their position and why they want to be elected. Please leave thestatements at Shirley's office or at Room 216b. Crossword No. 7 JonKastoff and cheat like hell on their taxes to be concerned about their sisters and brothers who are being killed and brutalized to oil the machine that makes more money for those few in our society who can afford to hire lawyers. Attica: Six Months Later "To be a law student here and not involved at Attica is a crime, in my opinion," stated Mike Deutsch, attorney with the ChicagoPeoples Law Office. The National Lawyers Guild attorney, speaking before the Distinguished Visitors Forum on March 1, discussed the current Attica situation and the work that is going on to aid the Attica .inmates. "There is a war going on behind those walls," Deutsch noted. He pointed to four beatings at Attica in the past four months, and stated that there is a documentation of prisoners since harrassment of the Attica uprising. The only further clash, to avoid stated, is to way he have impartial people presiding. One of the problems facing Attica inmates, he felt, was the alleged lack of this quality. Charges facing Attica leaders are very serious, Deutsch emphasized: murder, kidnapping, riot or conspiracy are possible. Deutsch discussed the legal actions that the Attica Defense Committee has taken to protect the rights of the accused. He stated that the Committee has filed papers regarding wiretapping and illegal surveillance. He also questioned the impartiality of the Grand Jury one suit being filed challenges the whole involvement of the Grand Jury and how it proceeds. Suits filed before the federal judges have resulted in conflicting orders, some of them not even enforced. Deutsch stated that the judges were "hiding behind legalese. We're - trying to trap them in contradictions". He noted, however, that "we're not asking them to do anything, only to follow the law as set down." There is a lot of work available to interested students with the Attica Defense Committee in 816 Prudential. It includes drudgerous work such as addressing envelopes and making phone calls. However, there are many opportunities for students to go to Attica to "relate to prisoners". Many appeals are being made, and there is a great need for students SHAMBLES by Michael Montgomery Court Appealing seniors reeling latent bombshells bursting fast IPs will screw you cry the blues you can't amend the course unpassed Grades pass/fail rain like hail but who knows what they mean ITs are failing soul derailing impassable unlooked for screen Up the' flue why after you burning learning three years old Prosser save us or enslave us Freshman Failures in the cold Grades confusing of deluding unqualified or total doom Hook a course without remorse or find yourself locked in a tomb U regrading so regrading retest a course of three years old Memory fading nuance shading a crash rehash of holdings coldOr paper writing pressure fighting time slip grinding down the year Hours needed go unheeded catalogue misleading seer. with legal background to do research work. Suits are ripe in the area of the lack of legal facilities at Attica. Mr. Deutsch stated that if Johnson v. Avery is to be a reality there must be an adequate law library established at Attica. He pointed to the number of good jailhouse lawyers who are unable to help themselves or their fellow inmates without an adequate library. Another possible suit involves the alleged confiscation of letters to prisoners at Attica. Attica inmates, he asserted, have causes of action relating to the Due Process and Cruel and Unusual Punishment provisions of the Constitution. Law students, it was asserted, should understand the situation and "put aside our bourgoise tendencies and hangups and become a strong, militant people." POEM FROM TEN DELAWARE (Erie County Jail) by Toni I have love I suffered Now I hate the mistakes I have made ANSWERS TO CROSSWORD NO. 6 DOWN ACROSS 1. page 1. Sneaky 6. art style 10. divan 14. New York town 15. ex UK PM 16. baby bed 2. alien 'A. Liverpudlians 4. long long time 5. precipitated 6. Perry's aide 17. radicals 7. summer drinks' 8. meaning (abbr.) 19. annoy (colloq) 20. collar item 9. element 10. beats it 21. inorays 22. reflections 11. Genuine (abbr) 24. force of 12. rasp 26. Moslem priest 27. pro-voter 28. monastic establishment 32. played 34. tasteless 35. old European country 36. troubles 37. O. Henry gimmick 38. Operahighlight 46. 29. circus features go bragh 30 31. scan 32. helps 39. expected 40. twist of hair 41. 42. 44. 45. 13. Saperstein and Lincoln 18. small din 23. bonne 25. certain breads 26. African antelope 28. French religious symbol 33. scent use up Court of General (even Steven) its followers of Mary and Jo become fair, as weather 49. Sickle's partner 52. Dies 34. breakfast grains 37. dictatorial power 38. S. Pacif. city 40. Flexible shoot 41. Pittsburgh 43. Polynesian 44. winged 53 nutshell 54. Pinza 55. subordinates 58. Columnist Barrett 46. ex-rock group 60. Rye fungus 51. dig for ore 52. warm an engine 47. lost (arch) 48. pert 49. Leander's beloved 69. girl's name 50. Russian'sea 61. Kiln 62. one kind of school (abbr) 63. remainder (fr.) ' 56. nothing 57. annoy � 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, 1972-03-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/9/1972 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 15:43:00 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/d617460230681ec59fa8ba4ae41e6779.pdf 7525cd34e4026db4caa234995f69dfc5 PDF Text Text VS. Poit^e Th* Opinion 77 West Eiglc St. Buffalo, New Yoik 14202 Volume 12, No. 10 PAID BUFFALO. N.Y. PERMIT NO. 70« THO E PINION State Unjvarrity of New Yotfc it Buffalo School of Law March 28. 1972 SBA Elect ion Today Kinoy Keynotes Conference and Tomorrow On Theory and Practice See Center Section Moot Court Names New Board Members by JamesBrennan The Moot Court Board has selected ten new members for the academic year 1972-73, who will replace the graduating seniors of the old board. The new members elected Peter D. Clark chairman of the board at their first meeting Monday evening. Peter is a junior, who graduated from San Francisco State. The chairman has theresponsibility ofco-ordinating Buffalo's moot court team in the various events such as the Niagara International and Jessup National Competitions. He insures the team's brief is correct on the law with proper citations and is submitted within the requisite period of time. He also directs the Desmond Moot Court Competition, which is open to all members of our law school. Along with arranging the court room assignments, he contacts the attorneys and judges to handle the judging in the event. His most important duty is to act as liason between the law school and the local bar. he serves as a spokesman for the Moot Court Board to the university administration, arranges the three credit hours for the board members and oversees financial and budgetary matters. Junior members selected for the new board are: Jesse M. Baker, Hampton Institute, Vir.; Lawrence Brenner, Brooklyn College; Alan F. Liebowitz, University of Florida at Gainesville; David C. Schubel, University of Virginia and Fred Steinberg, State University of Buffalo. Three freshmen were selected this year to serve for two years on the Moot Court Board. They are James E. Brennan, State University of Buffalo; Dennis M. Hyatt, State University of Oswego and Lance J. Mark, University of Miami, Ohio. New Opinion Editor Rosalie Stoll has been selected to be Editor-in-Chief of The Opinion for the 1972-73 academic year. Miss Stoll is a Junior at the Law School. During the 1970-71 year she served as a staff writer and this year held the position of Associate Editor. The new Editor will assume office this Wednesday and will be responsible for the remaining issues of this semester. Miss Stoll announced that the position of Business Manager will be filled by Christopher Greene and that of Photography Editor by Christopher Belling. Further appointments will be announced at a later date. View from the Left Right On! by Tricia Semmelhack "I am an omen of women's political future and it doesn't take a crystal ball to foreseethat we are going to remove the 'for men only' sign from government and have an equal role in political life". Thus did Rep. Bella Abzug characterize both her role in Congress and the growing movement among women to achieve representative political power in the various political and policy making bodies of the country. Her page two View from the Right page three SBA Election The Candidates, the issues page four Intl Law Club Dine speaks on Bangla Desh page six Mitchell Lecture Lawyers in Law Enforcement page six Liechtenstein Bar Review Monty strikes again Constitution. The government here is turning against these most basic rights. The ideas he is defending in the wiretapping case are not radical new ones. They involve forms and institutions which are supposed to be the fundamental values of this system of government. In wiretapping cases, radical lawyers are cast as defenders of those elementary values which the government is turning against. Radicals today are the strict constructionists. "Contradictory?," heasked, "Of course. To understand that is to understand the essence of what is happening .. today." Every single important political case today has wiretapping involved with it. "We should be fighting and we willcontinue to fight." He feared that the people in power are experimenting with fascism with a new way of ruling, pushing aside the old forms of government. The left movement and the radical movementare subjectively weak, Kinoy felt, only because they have not figured out what they plan to do. The right, by the same token, is experimenting with a new form of leadership which would cut power off from the musses of people. Dealing with how to conduct a struggle against the government, Kinoy noted that the rights and liberties belong to the people, and were originally created by the demands of the people who had learned from the errorsand mistakes of the past. He questioned what the rulers are frightened of. He suggested that there is a possibility that the people of this country will come to understand the "one great liberating truth" that the people will - be abte to solve their own problems only by taking their own lives into Iheir own hands. People must, he emphasized, understand that the return of power in every institution must be granted to the people. This is the challenge to the radical lawyer today to use one's energy as champions of the elementary rights of the peole. The radical lawyers msut take leadership, and build institutions of political control which the people can control. Radical lawyers must use their skills as lawyers and their heads and hearts as people. "If you win, millions and millions of people in this country move forward." - Law Students Attend Nat'l Women's Political Caucus IN THIS ISSUE: Up Against theBench Concerned Law Students held a Law Conference on Theory and Practice March 17-19th. Participants were invited from across the country, and almost a hundred people attended. Friday night was highlighted by a speech from Arthur Kinoy, a foremost constitutional law practitioner. Workshops and panel discussions were held on Saturday, and Sunday wound up the conference with a critical self evaluation. Delegates came from law communes and law schools in the eastern half of the United States: Detroit, Chicago, Boston, Maine, and Brooklyn, were among other areas, well represented. Rachael Mueller, a junior at Buffalo, introduced Mr. Kinoy. In her introduction she announced the bases for the conference and stated that "We hope from this conference will come a sense of solidarity, theory and tactics that are necessary." Mr. Kinoy, speaking on 'The Role of a Radical Lawyer", emphasized that his primary purpose would he to throw out thoughts. Ik slated that he had no answer as to a radical lawyer's total role is in society, he noted, though, that there was a time, not so long ago, thai few people would say "I'm a radical lawyer". Now, he stated, "I share happily and gladly and proudly the title of radical lawyer with hundreds and thousands of others across the country." He mentioned lhal there is a whole new breed of lawyers graduating from todays law school, who are fast becoming a major force in the American Bar and country. The heart of the matter, Kinoy constantly emphasized, is that there have been radical lawyers every at critical period of America's history. Radical lawyers have nothing to be ashamed of, "Our traditions are the finest, the greatest in this country." Kinoy discussed a wiretapping case that he is counsel in, that is currently before the Supreme Court. He noted the implications of wirelapping, and stated that when the Attorney General discussed the suspension of the Constitution, "it sent chills down backs." Here, he stated, the government was asking for the uncontrolled power to invade privacy, its own judgment or discretion being the sole deciding factor. Mr. Kinoy expressed fear of the invasion of the most elementary and simple rights guaranteed in the remarks were made in a dynamic speech given Saturday night, March 4th, to a meeting of approximately 500 women from all over New York State in Albany for a two day conference to organize the N.Y. State arm of the National Women's Political caucus. Two first year Buffalo law students, Carol Burke and Tricia Semmelhack, sponsored in part by the Women Law Students Association, attended the conference, which consisted of 3 page seven plenary sessions and 13 workshops dealing with the actual lhow-to' aspects of effective political participation. The conferees were told it was no longer enough to just register and yote, it was time to file and Caucus; Constance Cook, Liberal Republican Assemblywoman from Ithaca; Mary Ann Krupsak, Democratic Assemblywoman from Amsterdam; and Liz run. Carpenter, former press secretary to Mrs. Lyndon The National Women's Political Caucus, founded last July and now active in 46 states, is a broadly based, multipartisan organization with members from a wide spectrum of political, racial, ethnic, economic, and religious backgrounds. Supported by all 3 women members of the N.Y. Slate Assembly and both N.Y. members of Congress, Shirley Chisholm and Bella Abzug, the Caucus is dedicated to the idea that women working in comman can, despite their differences, translate their potential political power into an effective force to build a "non-sexist, non-racist, non-poor, non-violent society." Among the better known conference speakers, in addition to Bella Abzug, were Betty Friedan, author of The Feminine Mystique, founder of NOW and one of the organizers of the National Women's Political Johnson. Some of the B. immediate objectives of the Caucus are of the Equal Rights Amendment, open selection passage processes for National Convention delegates to ensure 50% representation for women, establishment of watchdog committees to monitor the preformance of legislators and other public officials, and organization of broad based, vigorous local area caucuses to ensure the grass roots character of the movement. In her Sunday morning address, Betty Friedan, while counselling patience "to ensure our growing pains' said, the big political news of 1972 is that "we're going to have our own political power. .we are making history. .there's no turning back." That, in sum, was the mood of the conference. .. , �Editorial .. March 28, 1972 THE OPINION 2 PRESidNT' CORNER by SBA Elections As the old saying goes: "Support your Student Bar Association Vote!" We are not sure that any further pleas to the collective conscience of the student body will serve any purpose, however, in the hope that somehow we can promote through this Editorial a more voluminous and intelligent vote we will persevere. As most students are aware, the S.B.A. has experienced recently what must be its most trying year. The issues concerning the budgeting of student organizations, political stances of the body, student-faculty-administration relations, grading, placement, etc. have elevated the organization in the public eye to a position of greater importance than in the past. For the second straight year The Opinion is providing information about each of the candidates to aid the student body in making an intelligent decision. We hope that the statements will be carefully read and that each student's vote will be carefully cast. Above everything else, please vote. This Faculty has a tradition of having the highest percentage of voters in student elections. Let's continue this tradition. And when you vote, think who do you want to represent you before the faculty, the administration, the Bar, etc. It's up to you. .. Malcolm Morris I devoted my efforts in the past six months to what many of my colleagues believed to be a frivolous cause. It was my hope that I would be able to lead the student government in such a manner as to show the "non-believers" that an active student government can be a guiding force in implementing change and bestowing benefits to the students. I think the fact that students are presently enrolled in N.Y. Practice, Agency and Partnership, and Estate Planning courses indicates what a properly supported student government can achieve in the way of ef f ecting administrative decisions. I think the coffee machine is indicative of the benefits that can be bestowed. To this end I think I have been successful. I feel that the majority of the students now feel that they can, achieve desired goals through the S.B.A. However, 1 am not so concerned with the accomplishments of my administration, but rather, am more concerned with the failures. It is these failures that following administrations must act upon, and, with the wisdom of my errors, convert into successes. 1 am confident that with the proper support there are no limitations on what we can accomplish. am leaving in the hands of I the next administration detailed plans for the operation of a student bookstore. Mssrs. Horwitz and Miller have been diligently planning this for the praise past few months and their efforts. However, their fine work will go all for nought unless the S.B.A. receives the proper support during the difficult early going. I would also be dismayed to see a further rift and increasing distrust develop between the students and the faculty (including the "administra- I tion"). I have found many members of the faculty quite interested in the problems that we are encountering. I have also found that many are quite dismayed that the students do New Editor Rosalie Stoll will be assuming the Editorship of The Opinion immediately following the publication of this issue. hope that she will receive the support and cooperation I that I have in the last two years. Remember that The Opinion is a community project and that it can only continue as long as the Law School supports it. John Samuelson ™ OPINION Volume 12, No. 10 ——- March 28, 1972 Editor-in-Chief John R. Samuelson Assistant Editor Rosalie .Stall Managing Editor George Riedel News Editor Vacant ArticleEditor Mike Montgomery S.B.A. Editor Vacant Feature Editor Vacant Photgraphy Editor Samuel Fried -— — — - , postage entered at Buffalo, New York. Editor's Note After two years, 18 issues, 140 pages and countless words I am leaving The Opinion for others to enjoy. 1 must confess that it will seem strange indeed to have the twenty or so hours a week free to think ofother things but I suppose this is partly just separation anxiety. I would like to thank some of the people whohave made The Opinion a reality: Rose Stoll, who has done more assignments, written more stories, read more copy than anyone on the staff; Mike Montgomery probably our most popular writerand a real workhorse; George Riedel, who set up our circulation dept. and wrote from the beginning; Sam Fried, who set up our darkroom and photography staff; Chris Greene, who made advertising a reality; Otto Matsch, our most controversial columnist; and all the others without whose support The Opinion would not have been possible. Thank you all for your help and support. I would like at this time to thank my officers for their invaluable help over the past few months. I am sure that I speak for them, as well as for myself, in wishing you all the best in the future and in saying that we hope we have been of some value to you over the past year. Letrs E Thoe ditor To theEditor: Rosalie Stoll and the staff of the Opinion did a fine job with the Senior JobOutlook Questionnaire which appeared in the February 24, 1972, issue of the Opinion. The information gained from this survey will be considered in the continued expansion of the placement effort. [ am most interested in cooperation with the Opinion and any other group or individual to To the Editor: If some of us feel that they cannot survive a class period without a breath of fresh air, I suggest that they step outside for five minutes in order to satisfy their selfish habit. A Smoker Letters are welcome from students, faculty, alumni and others. The Opinion reserves theright to shorten letters too lengthy to print in their entirety. enhance the Law School placement program. Thank you for your concern. Please limit letters to two typewritten pages. Send Thomas F. Hurley to: The Opinion, 77 West Eagle St.,Buffalo, NY. University Placementand Career Guidance. 14202. Anonymous letters will not be published. Up Against —— —— "properly". Fresh Air Freaks? Job Survey -- Production Manager Vacant Business Manager Chris Greene Staff Writers Otto Matech, Jeff Spencer, Rosalie Stoll, James Brennan, Columnists Otto Matsch, Joe Heath Contributors James Brennan, Malcolm Morris, Linda Cleveland, Larry D. Shapiro, Tricia Semmelhack, Larry Zimmerman I holographies Samuel Fried, Chris Belling, Gary Masline David Klein The Opinion is published every other wrek except for vacations during the academic year. It is the student, newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The view;, expresses in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third class not take as active a part as they can in student-faculty relations. I have found the denizens of Prudential to be quite helpful. I am sure future years will bring even closer relations between the different parties of the school. But I think it important that we keep in mind that there is a proper and improper way of doing things. Making demands of the faculty has consistently proved to be an improper way. Approaching the faculty (and the Provost) sitting down with them and defining the problem, giving your views, listening to theirs, and then coming to a joint determination is the proper way, and a way that can be established as operating procedure in this school if we approach the problem by Joe Heath This is written for those of you who still believe in the sanctity of our "legal" system and who still believe in the legitimacy of this government and who refuse to believe that the capitalists run this country. ITT, one of the richest and bloodiest corporations in the world, recently almost got too hungry in its grab for power and the Amerikan government stood up to it and told it to stop, for a while, until ITT bought off the Amerikan government. When ITT announced plans to buy Hartford Fire Insurance Company, the Anti-Trust Office of the "Justice" Department warned them not to. The Justice Department had the audacity to say it would take steps to dissolve the action. ITT, knowing the power of money over our "leaders", went ahead anyway. Once again the state was caught in a contradictory position. It wants to pretend that it is protecting the individual against the evils of monopoly capitalism. This is, of course, bullshit. What is shown by this whole affair is that the actual role of the state is to serve the capitalists and to make sure that their power and the status quo is not challenged. When these are directly challenged such as al Attica and by thePanthers, the state resorts to violence because to them property and order are more important than human beings. At first the Justice Department made it look good. Richard McLaren, head of the Anti-Trust Office of the Justice Department stated that this would be a "test case". McLaren worked for two and a half years on the case. After two and a half years, he dropped the case because his bosses Richard Kleindienst and John Mitchell toldhim to. McLaren's personal reward for doing what he was told and abandoning the anti-trust action came in December when he was appointed to a federal judgeship. Kleindienst wrote a letter to Democratic National Chairman, Larry O'Brien saying the ITT case had been negotiated and handled exclusively by the Anti-Trust Office. This is a lie. One ITT director visited Kleindienst at least five times. The Bench John Mitchell testified (under oath) that he had no knowledge of ITT's $400,000 commitment to subsidize the Republican convention. Eight days after this pledge was made, the suit was dropped. Mitchell is Nixon's campaign manager and as such is directly involved with planning every detail of the charade of the convention. And yet he says he didn't know that ITT had offered to put up $400,000 so the convention could be in San Diago. BULLSHIT. Men only lie when they have something to hide. Could it be the blood of all the people they have had killed who stood up to their madness. These two liars, Mitchell and Kleindienst are supposed to be the two top law enforcement officials. Kind of makes you wonder. But those people have been lying to us for a long time. They lied about Bobby Scale, Huey Newton, Angela Davis, George Jackson,and Fred Hampton. We must not accept their lies! We must not enforce their systems of "laws" that put black and brown and poor people in jail and that allow the real criminals to buy their way out of it. We must recognize the contradictions and not allow the state to disguise its real motives and its killings in euphemisms. We must expose the contradictions and participate in the "legal" system only to force the state to further contradict itself. Our "legal" system is supposed to be based on justice and truth. How can it be thafwhen these liars are in such powerful positions in it? You may remember that Mitchell hand-picked all of Nixon's Supreme Court nominees and countless other lower federal judges such as McLaren. So that branch of our legal syslem is heavily infected with this same disease. We should not help them carry out their lies. Lying is a way of expressing hatred. If you love someone you don't lie to them, you tell'them the truth so that you can grow together in trust and openness and friendship and brotherhood. When you lie to someone you are twisting the truth to . serve your goals. The men and women who stand up to speak the truth are shot down. The liars are rewarded with positions of power. What is this insanity? �March 28, 1972 THE OPINION 3 SB A Proposed Schedule Change Discussed MARCH 10 by Michael Montgomery FEBRUARY GRADUATES: Assist. Dean Lochner announced that out of the 15 February graduates from UB Law, 5 will need to be petitioned through the Court of Appeals in regard to certification for the Bar exam. While the outcome of such petitioning is uncertain, he stated that Provost Schwartz will be traveling to Albany on 13 March to discuss things with the appropriate parties. PROPOSED SCHEDULE: Gene Goffin and Judy Kampf announced the results of the Junior class meeting held to discuss the schedule proposed to go into effect in the Fall Semester. A general need was expressed for some form of a reading week in each semester, a suggestion which may be difficult to accomplish in the spring. President Morris noted that student opinion may not mean too much to the Administration in view of the schedule presently in force on the Main Campus, and the joinder o> the Law School with the rest of UB sometime in '73.* Sally Mendola doubted Faculty reasoning in regard to faster computer grading of exams because of Faculty member's present record on turning in exam grades. Generally, she felt that the prosed ending of exams just before Christmas would be very hard on non-WNY residents who travel home for vacation. G of fin stated that the reasoning in in the Fall semester was a serious mistake, based on the need of time forFreshmen to prepare for exams in a somewhat alien environment. It was also suggested that the first week of classes proposed to be before Labor Day was likely to be a waste anyway. Rosalie Stoll was appointed to chair a regard to holding graduation coterminous committee to come up with a referendum with that of the main Campus was set ofproposals by Presidential fiat. meaningless because sentiment at the Law SOCIAL COMMITTEE: The question of School supported separate graduations more beer parties was introduced by Senior anyway. Director Montgomery. John Anderson Judy Kampf stated that we had never proposed the holding ofa party outside the had a reading week in the spring anyway, Law School before the upcoming SBA and could probably do without one in the elections. Kampf questioned the Director Fall. She suggested a grouping of the wisdom of holding an outside party if it floating holidays in the Fall around would cost twice as much as a beer party Thanksgiving to afford a free week at that held in (the area laughingly known as) the time, only three weeksbefore exams. The Law School Lounge. When queried about Junior Director also proposed an informal available funds Treasurer Weinberg initially Faculty agreement to hold review sessions responded in an obfuscatory manner. It only in thelast week of classes. came out that the Social Committee has Audience comment suggested that the available $400, exclusive of the $200 profit failure to have some sort of reading week from theXerox machine. General comment from the SBA indicated that outside parties tend to be the most enjoyable, since they give people a chance to get away from Eagle Street. If a band cost only SIOO-5125, it was suggested that the SBA use the Xerox profits to get one for an outside party. Treasurer Weinberg stated: "I am the Treasurer and I want a ball park figure of some kind." Audience comment indicated that some one ought to cut the Gordian knot of parliamentary hassling. A proposal favoring the procuring of a band passed 9-0-2 with one non-vote. A motion to limit guests to I per Law Student was passed on a tie-breaking vote by President Morris. REFERENDUM DECISION MAKING: One member of the audience questioned the SBA's policy of constantly referring large issues to student referenda rather than doing something themselves. The issue of Opinion stipends was cited as a case pertinent to something, since the Referendum favoring the Opinion was not followed by the SBA anyway. Elections, Parties, Grades, Etc. , MARCH 17 THE COURT: The 17 March SBA meeting was prefaced by a brief statement by Provost Schwartz in regard to the Court of Appeals requirements for certification to the BAR. ELECTIONS: President Morris stated that the first election for SBA officers will additional petitions will be required for these individuals. Ail petitions for Directorial positions must be submitted on the day of the election ofofficers. LAW DAY: President Morris received a letter from Assist; Provost Greiner in regard to a Law Day ceremony to be held be held the week immediately preceding in Albany on 1 May. Expenses are usually the Spring Recess. Any loser in a taken care of by some outside body. It was campaign for officer positions will decided that President Morris will appoint automatically be put on the ballot for a the Hit Law School Representative Director from his/her class unless that preferably a square according to comment individual takes affirmative action to from the body.. (?) remove him/herself from the ballot, No STUDENT FEE WAIVER: Apparently - each University Student Association is impossible to hold the party in one of the empowered to set up its own standards for UB dorms anyway, since present the waiver of Student fees due to poverty, regulations forbid parties in the dorms not subject to certain broad guidelines. It was held by a Residence organization. decided to leave the formulation of standards to the incoming SBA to work on GRADING REFERENDUM: After withDean Lochner. some discussion, Lee Ginsberg stated that SOCIAL COMMITTEE: John Anderson the alternatives offered on the grading reported that the next Law School party referendum, to be held in conjunction with will be held tentatively on Saturday 25 elections, will include I, the present system March at the Lamp Post (American Legion) 2. the present system without the 'D' 3. a on Wherle drive, whose rates are more straight pass/fail system 4. some form of reasonable than those for University ABCDF system. facilities. It was noted that it would be RiGHT ON! by ANIMAL CRACKERS mail. The yellow card merely lists his name, address and type of coverage ("all available benefits"), but does not 1. THE HORRIBLE ORDEAL OF MASON LUSTIG, A list his age, weight, or height (250 pounds and 39 inches TRUE TAIL OF ADVENTURE INTHE REAL WORLD at the shoulder). Ms. Lustig wonders what is to prevent OUT THERE Mason from loaning his ID card to someone else who could then put the bite on the people for "all available None of Mason Lustig's friends are surprised if he benefits." The zealous Medicaid bureaucrats even occasionally feels like howling at the moon. They pass it informed Mason that he was not sufficiently diligent in off as a hairy moment and blame it all on the dog's life he ripping off the taxpayers, and suggested thathe apply for leads in Fun City. Mason is one of the poorest residents of further non-Medicaid benefits. Lindsay's wonderful town, living in cramped, stuffy, The grueling ordeal of Mason Lustig, his dogged one-room quarters, eating mainly cheap, chopped meat, struggle and finally his howling success in getting his and going barefoot all year, even during the slushy Fun pitiful application grudgingly approved by the City winters. The only thing Mason doesn't have to worry Tight-Fisted Welfare Establishment Stooges makes one about is his health. With the help of a loyal friend(Mason wonder how many other parasites are taking a free ride on is also illiterate) Mason registered for Medicaid, and is now the welfare rolls. (One indication is the dramatic 18% eligible forall available benefits, including visits to doctors reduction in therolls when New York state required that and dentists, false teeth, eyeglasses,prescription drugs and welfarechecks be collected in person.) It could even make money for transportation. one question the shibboleth of welfare as a "right" of among us who some people to use the power of the government to force There are still a few hard-hearted ones would deny Mason his "welfare rights." These inhuman, other people to support them. Some might go so far as to label that as involuntary servitude. inhumane rats would argue that Mason does not deserve Fortunately for the people of New York, Fun City has these benefits because he is, after all, only a dog. An taken action to curb the chiseling exposed by Mason it AKC-registered Harlequin Great Dane to be exact. brought criminal charges against Evelyn Lustig. Lustig, decided has to Mason Lustig's owner, Evelyn dramatize the administrative laxness of the New York Woofwoofwoofwoofwoof! City Medicaid program. She filled out forms for Mason (he did not accompany her) listing him as 32 years old, 2. WOLVES v. DAVIS (he's really SV&), and giving him two dependents, Bovine The imperialist wolves and their running dog lakkeys, and Quinyce, and asked and received benefits for them, too. Neither Ms. Luitig nor Mason were required to give the faskist butkhers of the rakist, oppressive Amerikan notary. warmongering, presence kapitalistik regime, as the old saying goes, the of a That answers under oath or in would have been "degrading" to Mason. No bureaucratic has put Angela Davis up for trial on charges of murder and "political" his other activities just because she is a beautiful, collaring him at ear-jerker hounded Mason by flea-bitten residence, or by checking to see if his two brilliant, black woman communist. Her trial has become non-existant dependant whelps were really enrolled in the cause cetebre of the communist world from one end school. That would have been "degrading" toMason. Nor of the Workers' Paradise to the other. In fact, the did he have to pick up his Medical ID card in person; that commies made such a fuss about how poor Angela was too, would have been "degrading." His card arrived by being railroaded that an unprecedented step has been — OTTO MATSCH - taken reporters hum Russia and Russian satellites have been invited to cover the trial. The idea is that their noble presence will prevent any blatant hanky-panky between the fascist judge and the Yankee-devil prosecutor, and will give the loyal readers back in the Great Socialist Motherland a first hand account ofhow Amerika murders its best minds. It is a swell idea. Unfortunately, no reciprocity agreements were made. It would have been nice to have ACLU-trained (nothing but the best for our reporters!) court reporters on hand in Moscow at the recent trial of Ivan Yakhimovich. He was declared legally insane by reason of having publicly condemned the Russian invasion of Czechoslovakia and similar paranoid actions, and sentenced to an indefinite term in the booby hatch. It would have been interesting to read ACLU reports of the trials at which Yuri Daniel, Anatoly Marchenko and Alexander Solzher.itsin were condemned to Siberian labor camps for writing critical articles about the Russian regime. (Being critical of the Kremlin is a nyet-nyet.) And send those ACLU reps to Jugoslavia, where Mihajlo Mihajlov is in jail for writing an essay in the New York Times, of all places, and to Czechoslovakia whereZdanek Samavsky and Ludek Pachman (a chess International Grandmaster) were tossed in the can for urgingpeople to congratulate AlexanderDubcek on his birthday. Or back to Moscow, where some teenagers were given the death sentence for black marketeering. With a reciprocity agreement we could keep those ACLU-trained reps real busy just telling us all about civil liberties of people in the Workers*Paradise, and how we could catch up. Even without the ACLU news reports we can still chuckle over the tall tales of political oppression being spun by the communist-satellite reporters covering the Davis trial. They can recognize political oppression when they see it; it gives them that "at home" feeling. And if the stories don't come out just right, then they will get that feeling at home. �March 28, THE OPINION 4 1972 Student Bar AssociationElectionIf by JohnSamuelson Voting begins today for the five positions in the Student Bar Association. A record five candidates are contesting the office of President, three the position of Ist Vice-President, and two the office of Treasurer. The positions of 2nd Vice-President and Secretary are uncontested, with one candidaterunning foreach. Four of the candidates are veterans of the SBA. John Anderson served as Secretary this year while William Buscaglia, Gene Goffin, and Judith Kampf served as Directors. All candidates who do not win election in this contest will be placed automatically on the ballot of their respective class for the following election of Directors, unless he or she asks to have the name withdrawn. Because of the large number of candidatesrunning for the office of President there is a goodpossibility that there will be a runoffelection of the top two vote-getters. This will be necessary if no candidate is able to obtain a majority of the votes cast. The possibility of a run-off also exists in the Ist Vice-President race where three candidates are - STUDENT BAR ASSOCIATION BALLOT 2nd Vice-President Skip Conover President John Anderson Gene Goffin John Hayden Lloyd Silverstein Michael Stachowski Ist Vice-President Richard E. Clark Judith Kampf Rosalie Stoll Treasurer William X BuscaBlia Martin Miller . Secretary Linda Fried Referendum Questions 1 New Schedule Proposal 2. Grading Reform running. The winners of theelectionwill be announced Thursday morning. Election of Directors will take place the first weekafter the Spring vacation. Also to be voted upon will be referendum questions dealing with the proposed schedulechange and the grading system. President Gene Goffyi John Anderson There are several areas of present problems involving the law school concerning its external and internal relationship that need correction. Turning to fees and tuition problems, our tuition will rise to $1600 as will other professional schools, but they have special state sponsered scholarships to help alleviate this but we do not, why not? The problem of fees if simple enough how much of your fees are returned tc you? We were promised newsletters and newsletters bul have you seen one? The only returns 1 have received are the Opinion, campus newspapers and (he wine and beer parties. It is time that funding be primarily given to student organizations that will benefit the greatest segment of the student body. A few of the future problems are, the continuing lack of permanent placement facilities, and of utmost importance for students who must work or desire the experience, the unfeasibility at this point in time of clerking downtown while attending classes in suburban Amherst. To deal with these current and future problems experience and strength to do something and withstand criticism will be required and I feel qualified in both respects, experience, the only Juniorofficer in the SBA durability Chairman of the Social Committee after all - - - have you heard of any other committee or can you name any other committee that has done anything that affects you directly? To make SBA a working, alive organization, we have to find ways of utilizing what power it has. The various tools that make a legislature operate effectively must be used; in addition, the officers must administer. Without administration, nothing is followed through; work done by SBA directors has been wasted. I have outlined my proposed changes in some detail in my campaign statement; I hope you have been able to read it. Simultaneously, we should pursue negotiations with the faculty and law school administration towards the creation of a joint, co-equal system of law school governance. Only through equal participation can each constituency (i.e., students and faculty) take each other's needs into account. If SBA can operate more efficiently (at least until a new system of law school governance is created) the substantive issues which affect students each day can be attended to. An example of the way a good idea can be mishandled by SBA occurred a year ago when Brian York presented a carefully prepared proposal which would give students the option of taking the type of examination they felt would best show their ability (i.e., take-home, regular exam or perhaps a paper), I cannot understand why, but Brian presented this proposal week after week without the Board of Directors ever managing to do anything; eventually he gave up. 1 do not want this kind of thing to happen next year. John Hayder SBA ought to be pressing hard for the kinds of support already available to the rest of ÜB. This includes additional faculty to meet with the larger classes that SUNY insists that the law school admit and a serious placement effort so that we and the incoming students will have a place to go when we're finishedhere. Given Chancellor Boyer's recent defense of the higher tuition it is not likely that we will see more than lip-service directed to a reduction. He, Rockefeller, and New York are far too strapped for funds to help. Then too, Boyer has promised to use any extra money he gets to admit moreundergraduates to SUNY. What we can get are those things which require only an internal reallocation of resources. Promises by people running for office seldom last longer than the mimeo sheets that they're printed on. I am only going to make one, and that is one that will be kept. 1 will presenteach of the suggestions I've madehere, and quite probably many of those made by other candidates, to the SBA and to university officials who have the authority to make them work. The chain-of-command syndrome, under which ideas are presented to people with no authority and then forwarded to President Ketter and higher officials, is not effective. Advocacy is our profession, and the time to begin practicing it is now. The place for it is not only in SBA meetings, but in the offices of people who must ultimately be persuaded. I'd like the opportunity to be that advocate Secretary Michael Stachowsk Lloyd Silverstein Of primary importance is the reevaiuation or tne grading system, which 1 previously indicted for lack of standards, which has recently been criticized by the Court of Appeals as incompetent. I think steps should be taken now to remedy the Juniors plight in coordination with that of the seniors. I am in favorof scrapping the 'old' system now before more fall prey to its cavernous loophole. A second issue, which in ordinary years would be the most salient is placement. How many seniors will have jobs? Will there be less for the juniors? 1 feel the need for a full time placement administrator is not only tc answer questions but to actively solicit positions for the - upcoming years. A third concern is the function of the SBA itself. 1 am running for President because I feel it is imperative thai the SBA be restructured in a twofold manner - first tc give it more power in the development of school policy and secondly to make it more representative and more responsive to the general concerns of the students. We are acutely aware of the crisis situations which have faced us this year. Beginning with the uproar over the budget and ending with,*he Court of Appeals crisis, the students have become more involved in the governmental affairs of the Law School. It seems essential that those formerly apathetic individuals assert themselves in a vote for both officers and directors to insure a representative studenl government. (NO STATEMENT SUBMITTED) Linda Friec . lam running for Secretary of SBA becu» ._.—.can be an effective student force in thisschool. However, its effectiveness can only come through student participation. Part of the lack of student interest in the functions of the SBA may be attributed to an absence of an awareness of the problems and issues the SBA deals with. To correct this deficiency I feel that the role of the SBA Secretary should include the posting of the minutes of all SBA meetings and I will implement this if elected. I would also include in such postings, lists of the directors who were absent as well as those who were present. I feel such information must be obvious for it is important. The students are entitled to know which of their elected representatives take the time to attene the meetings. Student input to the SBA can be accomplished through committee participation and attendance at the SBA meetings. After attending SBA meetings since November, on a regular basis, I found the "experience" beneficial, for it became obvious which directors bothered to attend, how they voted, in what ways and upon what issues the SBA became a clumsy and inefficient organization, and how effective the SBA could be if everyone concerned �March 28, 1972 5 THE OPINION Vice-President 1st Richard Clarl Photographs of Candidates by Fried Judith Kampl The following statement will indicate views and Having been an SBA Director for 2 years, I am already intentions for running for the office of Ist Vice Presdient familiar with the problems facing that organization. I of the Student Bar Association. propose merely to identify briefly the problems I see as First, one must begin to look at the realities of the contributing to the disfunction of SBA, and a few of the situation around us. Everyone at some point in their 3 substantive issues which I feel should have priority. year career at this institution must at least once wonder As to organization, the SBA seems totally unaware of sometime or another, "What really is going on at this its powers in relation not only to the faculty but also to school." We all wonder whether this or that issue effects the student body. Proposed legislation needs to be us in some manner or whether therumor one has heard is channeled to SBA committees of Directors for study, true. solicitation of student opinion and recommendation to The SBA should be the source to which one turns to the entire Board of Directors. In this way, thereluctance ascertain the truth or falsity of many of the rumors one of the body to act on anything of importance may be hears around school. Yet this may not always be true. overcome and pointless, non-directional debate Since many times the SBA is not clear on the issue itself. eliminated. The body would have something in concrete My remarks may seem critical of the SBA, but I hope form to act on. they're interpreted to reflect a quiet majority of the Next, it will be necessary to work out a system student body, who comment and criticize the SBA for its whereby SBA decisions fit into the General Faculty legislative process. Presently, resolutions are merely actions and inactions. I've sat on several committees in this Law School, passed, but never followed up, partly because there seems although I've never been a director in the SBA, and tc to be no system for sending them to the faculty and/or those persons who don't know me, I can say I've pursued administration. every issue which I felt had direct bearing on our student Finally, as to areas of priority, I feel that the body. placement issue is still a very urgent one, and I have had My purpose for running for office is not to serve the discussions about this with various administrative officials. SBA, but to serve the student body for which the SBA There is also a serious difficulty with the bookstore, and with the high cost of our books to subsidize the campus acts as their representative. In closing I can only say that we must begin to deal operation. Lastly, I would favor more professionally with the issues at hand, or in the future to their fullest oriented conferences at the school to encourage extent, and irregardless of whether you vote for me 01 communication among the student body, and, to the same someone else, realize we must "seize the time." I will end, more informal social activities. Qualifications: SBA director for 2 years; member Faculty-Student relations believe itli Rnard , Rosalie Stol Duties of the First Vice President are fourfold: to act in the presidents absence, to be the ABA-Law Student Division delegate, to be the official Bar Assn. representative and to vote in the SBA. I feel the most important duty for next years First Vice President will be to represent the law school before the Erie County Bar. As Opinion Associate Editor this year 1 attended several bar functions, including the First Annual Citizens Committee on Criminal Justice and have kept in continuous communication with the bar. Having taken Govt Lit Clinic and also worked in the Jail Counselling Service, I am acutely aware of the importance clinical programs play in our legal education. I will stress this before the Bar Assn. and actively solicit - including contributions of time and their support Sources of revenue have as yet been untapped for new legal programs through the ABA-LSD. Clerkships are notoriously difficult for our students to obtain. A strong student representative to the bar assn. could lead the way towards the opening of more experience. positions. As 1 conducted the Senior Job Survey, it became that our graduates are having an extremely difficult time obtaining jobs. Local firms seem to favor graduates of non-local law schools. Are they unaware of the real contributions of the law school or of the increasing excellenceof our graduates? As a voting member of the SBA, I will work towards the responsible disbursement of student funds. A student obvious directory, for example, could be mimeographed and distributed to students for the mere cost of paper and ink. The SBA next year will have, a vital role to play and as First Vice President 1 hope to be a part of it. V 2nd ice-Pres. Treasurer Skip Conovei By attending every Friday meeting of the S.B.A. since November, I have learned just how ineffective, unresponsive, and inefficient it can be. My purpose in running for officeis to help change this situation. Part of the problem is that the majority of the members of the student body do not know what is going on in the S.B.A. The result is that there is very little student opinion expressed, except when the Board of Directors makes an unpopular decision. I would suggest a number of changes in the S.B.A.'s operating procedures to help alleviate this situation. The first change would be to post the minutes of every meeting on the bulletin boards, so that everyone may see what is happening. Secondly, I would suggest, when a controversialissue is involved, that any proposal involved should be tabled automatically for one week to give othei students a chance to comment. Obviously, this procedure could itself create inefficiency, so I would propose that it would not become effective unless a group of directors, say eight, voted for tabling the proposal. Another suggestion I would make is that the Constitution be amended so that the Board of Directors could rescind one of its decisions by a majority vote of all directors, rather than the two-thirds vote currently required. The advantage of this would be a more responsive body that could better represent student opinion. Of course, there would have to be some limitation on this power, but that subject is too lengthy tc discussed here. I have more ideas, but not enough space to discuss them. I feel that I can offer strong interest and initiative to the office of Second Vice-President. be Martin Millei William Buscaglia This year significant advances were made in the I very much question whether a treasurer car budgetory and disbursements area of the Treasurer's realistically propose a unique platform. Is he to advocate office. For the first time in memory the yearly budget was fiscal irresponsibility? The system is rather structured and approved before the Christmas Holidays. The budget is by it is necessary to work within, as welt as around, the far the Treasurer's most important concern. Also, under constraints imposed upon us by the State University the new voucher system eminating from the main system-hierarchy. Nevertheless, we have roughly $18,00C Campus, even more effective controls have been instituted overexpenditures. It is my hope as Treasurer to carry forward this momentum in improvements of the Treasurer's functions since much still remains to be done. As a member of the SBA's critical Budget Committee and as a twice-elected member of SBA, 1 feel I possess the experience and ability to carry forward the program which can only be briefly each semester to apportion unto our various activities While the quantity of money to apportion is not elastic it may be possible to better allocate those funds so that 2 greater number of us benefit from our contributions While there exists provisions for individual imput with regard to budgets I believe that SBA should continually remind the student body of their opportunities. In this regard it should be underscored the relative ease with which an activity can become SBA "sanctioned", and thus set forth here. earlier than in receive funding, (skeptics may chose to investigate the previous budget approved was While the years, it is still being done far too late. Procedures must be SBA binder located at Shirley's desk for exact details.] installed to accomplish approval of the budget within 6 or The money for additional projects could be found by 7 weeks after classes have started in the fall. These likely eliminating various assorted extravaganzas which we procedures should include written instructions to the currently are shouldering, some of which might more organizations before the end of this school year appropriately be borne by the State out of tuition, or by concerning what the Treasurer and Budget Committee more judicious spending ofour present funds. In addition, it is not unreasonable to institute a study, require before they can pass their recommendations on to assuming the findings so direct, establish a student the SBA as a whole. Furthermore, the individual budgets and operated bookstore. There is little doubt that we pay organizations can be somewhat of the school's standardized so that comparable expenditures can be more than our fair share to University FSA and receive acting as a little in benefit. And. if the findings dictate thatwe should readily evaluated. This should save the SBA retain the present system, there is no reason that the whole considerabletime in approving the budget. Finally, I think some continuity on the important bookstore should not also operate as a ticket office Budget Committee would be the most valuable and would distributing tickets to both on and off campus events, is v hope that in the position of Treasurer I would be able to done by the ticket office at Norton. 1 think my ideas an get at least one or two of my fellow-committeemen to realistic and proposals workable and if selected would retain their position and lend their experience to next endeavorto do my utmost for the benefit of all. year's committee. Vote Today And Tomorrow �March 28, 1972 THE OPINION 6 Mitchell Lecture Series Lawyers And Law Enforcement role was here to explain to the police officers the proper exercise of these laws. Police training is another area in which a lawyer can be effective in establishing a simple set of rules for the policeman to follow. Guidelines for following the Miranda decision can also be set up by lawyers working in this area. Gerald Kaplan, a Professor of Law from Arizona State, spoke before the Mitchell Lecture Series recently on lawyers in law enforcement. Mr. Kaplan, a past public prosecutor in Washington D.C. who later worked with the National Crime Commission, discussed his experiences and problems he has encountered. A lack of communication exists, he icels, between police in the field and police strategies in general. This culminated in mistakes in arrests that could have been solved had the field policeman communicated the reality of the street to his superiors. In order for police departments to do a more effective job, Kaplan recommended that lawyers be hired to advise police department. Resistance to this suggestion has, in many cases, been encountered from police chiefs and district attorneys. Kaplan noted that when he has worked in this area, he has been able to formulate policy decisions, regarding, for example, stop-and-frisk laws and no-knock laws. His warrant issue system. Laws could be changed relating to prostitution, for example, so that both the customers of the prostitute, as well as the woman herself would be liable. Harrassment should be ended, Kaplan suggested. Kaplan noted that there are federal Another possible role for the lawyer in funds available to provide for legal counsel the police department is to act as a liason to police departments. The American Bar Association promulgates standards for with the prosecutor's office, feeding cases police enforcement which includes thrown out for reasons of poor police practices. In this way, re-training will provision for legal counsel. more necessary in some cases and become Kaplan sees lawyers in law enforcement supervision of practices will be brought as a growing field, one which will provide about. more jobs for more lawyers. The audience, composed of law A lawyer could also bring about a students, professors and Buffalo Police survey of the department to recommend new legislation, for example a more-easily Officers found Kaplans speech informative obtained warrant, suggesting a telephonic and received it warmly. International Law Club Dine Speaks On Bangla Desh concentrated upon the balance society led by elected officials. He tried to examine what, if any, rationale existed to explain Nixon's policy. Personalism and prejudice were major discussed Bangla Desh. Mr. Dine, speaking before a crowded factors. "Nixon," stated Dine, "followed room, examined rationales behind the faithfully by Kissinger, decided to tilt American policy toward Asia. Firstly he toward Pakistan, our old faithful ally.1 Nixon as Vice President had made trips noted that the Nixon administration's approach to India, Pakistan and Bangla to Pakistan under Dulles' influence. He liked and admired the tough Moslem incomprehensible and indefensible Desh is both to the United States and to therest of ordered society. After the House of Representatives had the world. Insofar as American recognition of the voted against continuing aid to Pakistan in Nixon made a public statement August, Bangla Desh nation goes, Mr. Dine felt that the executive and legislative branches of objecting to the United States not being Sponsored by the International Law ' the government are still jn , conflict over recognition, even though the only remaining question is 'when and not that area. - Bengalis. Now, Mr. Dine, noted Congress wants Bangla Desh recognized as a democratic mind Another cause for America's Bangla Desh policy is the Kissinger/Nixon fetish The most important reason for Nixon's policy is China, Dine emphasized. Pakistan facilitated Kissinger's visit to China, and in return for this favor we will not extend recognition to Bangla Desh. The consequences to Nixon, Dine stated, are unimportant: genocide, famine, etc. China's internal policy-workings also affected American foreign policy. The Chou En Lai Lin Piao antagonism was also to be considered. Lin Piao is in control and Chou, who is Army, of the Red pro-Pakistan, wanted reconciliation with the United States. Dine tried to define how the United States interests have been served by Nixon's policy in thisarea. When asked the future of Pakistan, Dine could only reply '*Grim". Bangla Desh, he emphasized, has a 2000 year old civilization, and the people will hang together despite their desperate economic plight because of their will to do so, their administrators, and the fact that they no longer have to support the military machination of West Pakistan. - able any longer to effect the outcome in Prejudice was also an improtant factor. "There has always been a strong Before Jack Anderson's revelations, the anti-Indian prejudice among high American Nixon administration was pro-Pakistani, foreignpolicy makers." Dine stated, noting while the legislature favored absolute that India's neutrality policy used to annoy neutrality no arms to be sold to either the SO's American administration greatly. side, although there were obvious displays Eisenhower's decision to send arms to of sympathy in Congress toward the Pakistan was made partly with Nehru in 'whether. of power theory of government. Club and the Speakers Forum, Mr. Thomas Dine, Assistant to Senator Church, recently for establishing a three-way balance of world power and its refusal to recognize any other centers of power. An anti-soviet feeling is pervasive here also. Since the Russians favor India, we must arm Pakistan as a counter-balance to doctoral thesis, Dine India. Kissinger's noted, was titled The World Restored and Notes Frown Elsewhere by Michael Montgomery UNIFORM BAR EXAMS Brooklyn Law School Justininan Despite the fact that New York is not a participant in this enterprise, BLS had a few students who took this exam. A totally objective test, the 6 hour exam consisted of 50 multiple guess questions in each of many legal areas. Students complained that out of the four possible answers more than one appeared to be correct, leaving a certain amount to speculation. The second day of the exam consisted of state administered essay questions dealing with the peculiarities of the local jurisdiction. According to the Justininan, New York refused to participate because the Board of Law Examiners would not abdicate its responsibility to select those qualified to practice law in New York State. Reaction from other states, however, was most laudatory to the Uniform Exam. 19 states presently participate, including California, New Jersey, Ohio, Pennsylvania, and Connecticut, with seven more to participate in July. LIBRARY PROBLEMS Dictum Indianapolis Law School a number of research oriented faculty members are leaving because of the inadequate facilitiesafforded them in their preparations for publication. A direct appeal for help was made to the state legislature but with zero response. Buffalo, of course, does not have that problem. As a matter of fact, we have books up the wazoo (or would if certain nasty minded individuals wouldn't secrete them somewhere when a large seminar receives identical paper assignments.) The only problem is ferreting them out from their various repositories on the three floors of Eagle, the peculiar nooks in the Prudential, and the basement of the county library. TOO MANY STUDENTS TheAdvance Sheet University of Houston Somehow this Texas Law School has ISO too many students how or why nobody seems to be sure. Perhaps to remedy the situation we in New York should send the members of the Court of Appeals down below the Mason-Dixon line a sure fire means of eliminating any excess. - - LAW STUDENTS WIN ON TUITION SUIT University of North Carolina Among the problems botheringthis state Law School is Law Record At least some people win victories over the the fact that, while it ranks 2nd in number of students in library size. Apparently machinations of the bureaucratic state. Like most schools. the big ten law schools, it is 9th in UNC has a variable tuition rate for residents and non-residents of North Carolina, Lo and behold, 2x law students came to UNC from out of state, lived in Chapel Hill for three years, and were continually annoyed by paying out of state tuition rates when they lived, paid taxes and voted in North Carolina for three years. After graduation and admission to the bar they successfully sued the state for a refund of such excess charges. Out of state students at Eagle Street take note. JOBS Obiter Dicta Osgoode Hall, Toronto The peculiarrequirements of the OntarioBar mandate that every successful candidate in theirbar exam serve for three years as a glorified flunky in an OntarioLaw firm in a program called "articling", similar to the apprenticeships of the medieval guild system and the present plumber's union (a remunerative equal).Unfortunately, 25% of the graduating class is unable to find such a position of institutionalized drudgery. (Compared to Buffalo's record of 33 seniors with jobs out of 178, it doesn't seem so bad.) Apparently many of the tasks previously performed by the apprentice barristers are being ably performed at less expense by young secretaries, who are more likely to continue work past three years and are better trained for that type of work. Also, they probably have better legs than the average law graduate. �March 28, 1972 THE OPINION For All Yon Rar Mute 7 Law And Tension Liechtenstein Bar Review by Mike Montgomery Question: Can Ara Parseghian get Gilles Perreault as his 9th round draft choice for the Lackawanna Lancers in the NBA? Answer: Why not? The Rule: do unto others before you are done unto, provided that NB. (While few denizens of Eagle Street are unlikely to PLf their trade in this most puissant principality, famous for toothpicks, stamps, false teeth, and Merino sheep, some preparation for their Bar Exam may be appropriate if the local job market continues along its depressin path.) The following is transcribed by John Samuelson Brief Lecture by Festud Hagen: As you know, under the widow's right of election, the Two friend of mine died unexpectedly at the age He had seemed to have been in good health, exercised YMCA, participated in Boy Scout activities with his sons, and held a very respectable position in the community. Financially he had few worrys, with his occupation income allowing him the luxuries of a large house, several cars, a lakeside cottage, a large boat, and expensive vacations. He collapsed one day while mildly exercising and died of a heart of fifty-three. of the widow must get 10% of the New Hampshire every day at the local mother Primary in order to levy on Rudy Vallee. Now in years ago a good your - gramophone record available at only 77 zlotys a pound. attack. His occupation attorney. The problem of tension and anxiety in the legal profession is one on which I have never seen a single word written. While countless volumes are produced on methods in which to increase one's flowof clients and thus, one's income, little attention is paid to the fact that this is probably doing the attorney little good and probably will cause his death before he is able to enjoy his hard earned profits. I have attempted to discover why lawyers are so reluctant to admit that they are literally killing themselves. Part of it may be the supposed necessity for a lawyer to project himself as a serious, dedicated, and untiring advocate to the client. According to the book, lives in Flatbush with a residence in Belgrade, where he Clients pay fees because they believe the attorney can accomplish from a wax cylinder H and W are residents of state X with their three legged Weimaraner, who does business in state Y. X doubles as a law student and as a pinocle player in partnership friend F, who Building a Practice, by the Practicing Law Institute, "Nobody retains a lawyer because he thinks the lawyer has a great sense of humor. whal the clients want, with a minimum of delay." To accomplish this task, another amusing little booklet advises young attorneys that although it may seem difficult to work sixty hours a week at first, in a year or two "you'll get used to it." The PLI book advises law school graduates to work "with the intensity which is characteristic of the successful lawyer." A successful graduate of this Law School, in a lecture on law practice, said that you don'tenter the legal profession, manufactures Tito-Totters. Question: Can D, a foreign corporation undergoing dissolution in Nebraska, obtain jurisdiction over the Weimaraners' doggy bags from Mr. Goodbar ona quaisi in rem basis? Answer: Only if Granny Goodness consents by appearing in the Palace as Sally Rand, and dog takes his Chevy to the levy for a res with Evel Knievel. Question: If W takes a slow boat to Chinaand obtains an ex the pane divorce from H so that she can marry a Panda who is an under 21 Catholic and her second cousin, can F make a collateral attack on the decree in Savannah for custody of the Weimaraner? Answer: Only with Princess Grace of Monaco as an impleaded third part defendant. .. . . .. STUDENTS now is low! Otto the Great establishes a kiddy-car factory in Cannosa. Question: If Z, a sail-maker on Fire Island, sinks a full size model of the Graf Spec in Delaware Park Lake, can Ralph Nader bring an assumpsit for the trespass quare clausum Frigid of Faculty Library? Answer; only by attaching the green stamps of Bob Dylan's half interest in the Monkees. The rule: In International Shoe v. Pakistan, Judge Hoffman stated that garlic salt is a sovereign alkahest to prevent infestation by vampires and pink elephants. NEW YORK BAR Jbar and The moral of this short monograph is not simple, but perhaps this is why it deserves some thought. The major problem a lawyer will have to overcome is not economics, but personal survival. If he allows himself to become an automaton, responding to social pressures but not his own personal needs, he is not only dooming himself to a probable early death, but also to a miserable life on the way. We have spent many years of time and effort, and much money, to learn the skills requisite to the practice of law. It seems only reasonable that we should spend a small portion of that time learning how to prevent that practice from destroying our lives. his wife's name for life, remainder to the Sheik. ALL right, you've got ten minutes for a break, but if you go outside for a breath of steel mill effluent, don't fall into a pothole. ] h». Won oj P Ivangei review 1 /^ii. nili r IdjH'l no . hk rix 36. Indian dress 37. soldier'saddress 38. cover again, in a way 41. nothing 42. African river course 44. street 45. sprained item 47. auto mishap 49. Ziegfield The unique method of approach utilized in the Course developed by Joseph L. Marino and his staff of experienced lecturers and active practicing attorneys, in order to provide Bar Examination with the candidates for the New York State(I) a familiarity with the essentials of proper preparation:ready recall of the New York nature of the examination, (2) a complicated fact analyzing method of 13) a reliable Law well-reasonedanswers, situations and (4) a facility for writingquestions, (6) recent (5) a review of yes no Bar type development in the law. was INC. MARINO BAR REVIEW COURSECity, N.Y. 11530 Garden ,09 Tullamoreßd —founded in 1946over the last 5 years, better than 80% of our students have , L v> mi inn ii !? pi .it //. William .* nla/10 OQ - JULYEXAM under the Now York Education Law approved for the training of Veterans. -* passed the Bar Exam practice. I ' ' f 832-7886 New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans Yffjf cigarettes, enjoy more indigestion, etc., etc. It is not a pleasant thought that this is just a sample of the tension we will "enjoy" in the remaminderman in interest to his hubcap in order bring Raque] Welch into the estate for purposes of the right of election. An example of this is when Charles de Gaulle put Algeria in invest in life insurance Res: w Pisa must attach the pepperoni of the 32nd Tower of while your premium rate Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Bus: 852-3446 -|_ you marry it. To continue the metaphor, our law school "engagement" period has already begun to wear on many of us. By the time we reach the last half of our Senior year we have more nervous habits, smoke more Tottering Thrusts, a tenant the leaning coparcenary in I * —' l^ —"" I ANSWERS TO NO 7 , IHgl-riEkiolnkt'mniolrm \ I .. . i 1 I ' **^^^^^^r I 50. look, in a way 51. supermarket worker 55. barrister 58. New Deal agency 59. Halo 60. Moslem Priest 61. Hautboy 63. Miles' rival 64. girls name 65. French name 66. Big Ben, for one (Latin) 67 68. fastener 69 aides (abbr) ! 2, - rental s'Kn Maine (own __I_^^»_^H 5 n( twork (abbr.) ' ■ useakn f 7 Ness D ac l X 9 ~winßn B z(colloq.) I lr°Pical fruits 1 Miss- OBrion '" 13. girls' kickname * P""""^i^~i ' I i' ""^^t^ i I -^^"^^^^*^^ I I I I I 21. portray 23. Today associated with Lib. 25. famous musician 26. material 28. intellect 29. member of the AEF 30. seed covering 31. lay floor 32. common contraction 33. Pacific Port , 34. jus 35. of Jacks 39. some new clothes 40. the Millers' 43 Donna Douglas char, (var.) 46. businessman's request to his secretary >8 Ho| v 49. Federal Agency (abb.) - 51- crawl 52. raves ,:! build 54. levels ' '' '' ' '• ' ' take over rllllTlMr*lwlnll 111 fuwllM11111I " '" Hrtfllillnßl ll II ihllllll EluiJlSßtlißPWn?iniEl 1 IMlie Ul 111111 12. Phone up ■ T- 1 -- -, [HmHtoEßßmlCwßclaUHr frlujajj ft] DOWN mA ■■MTlEk.liwlBAwBIiI L come bridge hands EtlffwnßHiiilli ■BrfflYifllftHffliTfllMllTffffl PnTn I kiJIMi Blbw litIwlftßMlwll I 1?\l\l mrliwJnjlfflTtnMp] WiV UnHftli6l KluinlfflMali ill fHiLilwiißnii iITHμ t i "" i "t^"^^l , '■'■'■ ""''"l" 56 ISU town Crimean and Mexican 58. new star 62. mans' knickname 83. ADAs rational counterpart �March 28, 1972 THE OPINION 8 BulETiNBoARd SUMMER SESSION, 1972 ACLU MEETING FACULTY APPOINTMENT Stewart Macaulay has been appointed to the Faculty as a Visiting Professor of Law effective September 1, 1972. Mr. Macaulay received his L.L.B. from Stanford Law School. He was a Law Clerk for Judge Wm. Denman of the U.S. Court of Appeals, 9th Circuit, and since 1957 has been on the Faculty of the University of Wisconsin School of Law where, since 1965, he has held the position of Professor of Law. In 1966-67 Mr. Macaulay was a Fellow at the Center for Advanced Study in Behavioral Sciences and frorri 1970 to 197 Ihe was Director of the International Legal Center, Chile Law Program, Santiago, Chile. His main area of interest is Contracts, and in the past he has taught courses in Contracts, Legal Profession, Restitution, Constitutional Law, and Regulated Industries. The Annual Meeting of the Niagara Chapter of the American Civil Liberties Union will be held 7:30 Sunday evening on 16 April at the Unitarian Universalist Church, 695 Elmwood Aye. Part of the evenings presentation will include two short films: one will be a film by the Smothers Brothers consisting of a rather bitter satire on the Bill of Rights; the second movie is a CBS presentation of theirresults on an attitude poll of 1100 adults in regard The following courses will be offered 513 Federal Tax (a) 602 Collective Bargaining 605 Conflict of Laws 606 Constitutional Law (b) 611 Corporations 613 Evidence 641 Civil Procedure (b) 659 Income Taxation of Trusts, this summer. Prof. DeiCotto Prof. Atleson Prof. Laufer Prof. Newhouse Prof. Fleming Prof. Teitelbaum Prof. Kochery to the Bill of Rights. Some results of this survey indicate that 54% of those polled disagree with the Bill of Rights, Estates and Beneficiaries Prof. Joyce and 76% of those polled do not think that allowed. (One other course may be added to this list.) anti-government demonstrations should be Steven Rowan will also be on hand as a guest speaker. Prof. HermanSchwartz will receive the annual award from The time schedule will be announced shortly. Registration materials will be available in the Registrar's the Chapter, for his work in the prisoner's rights field. office by April 3, 1972. The tuition for summer session is: $53.50 per credit hour for New York State residents; $66.75 per credit hour for out-of-state residents. Registration for six credit hours is a full load for summer session. Summer session commences June 5, 1972 and ends July 28, 1972. (Seven weeks of classes, one week of examinations.) All courses meet three hundred minutes ' per week during summer session. are are on on names summer July, Othergraduate England. Shirly. Program University, Study College University abroad, Luxembourg, London, University p Law, rogram Mary Programs. England. University J Faculty uly, School, placed following Florida, give Rights, Comparees attending Program. Library Program programs: Strasbourg Faculty The 4. of 6. 7. 8. 9. Students Free school for 2. 3. 5. 1. HagueAcademy American African Mexico Law Notre Universite William International all International 1972. in students of in Mexico. Dame who Summer SUMMER Law. of and Internationale information Law who Brussel Institute Law of interested School: International Club SCHOOL Law include Law interested of has DeScience School Summer 1972. Human should the information of of ABROAD Law Israel in Law: Law Summer School. their Post about: Summer School Graduate Reserve Brunei Law to in SUCMHOERLABROAD The International Law Club has placed on Library Reserve for all students who are interested in attending summer school abroad, information on the following programs: 1. Notre Dame Law School: Summer Law Program Brunei University, London, England, 2. College of Law, University of Florida, Summer Law Study in Mexico. 3. Hague Academy of International Law School. 4. Universite Internationale DeScience Comparees Faculty of Law of Luxembourg, July, 1972. 5. American University Law School Israel Program. 6. William and Mary Law School, Summer School in England. 7. International Institute of Human Rights, Strasbourg, July, 1972. 8. African Summer Programs. 9. Mexico Students who are Shirly. interested should give their names to Othergraduateprogram includeinformation about: Free University Brussel Faculty of Law: Post Graduate Program in Law. Law Conference Session Discusses Criminal Defense by Larry D. Shapiro The Criminal Defense session of the Conference was a lively debate/discussion of Ihe realities that a radical criminal lawyer faces in the everyday practice. Mike Deutch from the Chicago People's Law 6ffice related how, in Chicago at least, you had to pay the court clerk $3-4 to gel that if you your case called didn't do that your case would be called last and you would be tied up in one court all day. - Barbara Handshau of NYC related some of the problems the women lawyers have to go flirting with through in NYC the clerk to get your case called, getting your cheek pinched by the judgein chambers and being called "dearie". All this was background to what the conference planners had envisaged as the central question for the criminaldefense session: when to conduct a political defense and when a "straight" legal one. It was suggested that any case involving a black or poor person in America's court system was a political case *- you walk into the court with the white judge and white clerks and white deputies and white lawyers and it soon the black defendants becomes very clear. and legal political The - - defense issue depended on what was the objective. If winning the immediate case was the goal, then one chose the defense that would most likely win, considering the realities of the - situation sometimes a political defense was the correct tactic. If the objective was more akin to exposing the true situation the inequalities of (he American system that acts as the butcher's thumb on the scales of justice that the person on trial is not the guilty party even if he or she did the alleged act, then a political defense is the proper tactic. A political defense consists of much action outside of the - - courtroom — proofs of your portrait sitting may be picked up community organizing around the issue, establishment of local defense groups, publicity, having friends and supporters of the defendant in the courtroom during the trial. Sam McDowell, a black former inmate of Danemorra, wanted to know why the lawyers put up with the "shit" why they didn't bring suit or publicize the corruptions and - — illegal practices why they didn't lay it on the line in each case. In response it was argued that such actions would jeopardize the clients cases but it was felt that perhaps Sam's approach was the best one. , lOlifllJJ, ifiCH 29 student lounge, Tl west eagle 1972 BUffflLOlll � 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, 1972-03-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/28/1972 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 15:43:00 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/2ef8c7fee07341db52f3236572e2d3b9.pdf 454b3de57f6b91b075c678f679bd66ac PDF Text Text US. PMU«e The Opinion 77 Wen ElgkSt Buffilo, New York 14202 THE Volume 12, No. 11 MID MIFFALO. N.Y, muirr NO. 7M OPINION StW Unnwroty of Naw Yotfc «t Buffalo School of Lw» April 20, 1972 Election Results SBA Officers Elected for 72-3 FIRST VICE PRESIDENT PRESIDENT SECOND VICE PRESIDENT TREASURER SECRETARY Rosalie Stoll Skip Conover John Hayden William Buscaglia Linda Fried John Hayden has been elected 1972-3 President of the Samuelsun. have attended practically all SBA meetings this year. unopposed, for Ihe office of Student Bar Association. Elected First VicePresident was Linda Fried was also Neither wasa director, although both participatedactively Rosalie Stoll. Other officers are Skip Conover, Second Secretary. She received 210 votes in the initial election, in SBA functions. Vice President; Linda Fried, Secretary; and William with 38 write-ins cast. Buscaglia, Treasurer. \ NEW FACES EXPERIENCE CLOSEPRESIDENTIAL RACE The new officers come to office from diverse There was a surprisingly small number of candidales A turnoul of almost 350 students highlighted the with voting experience in the SBA. Only four of the backgrounds. Mr. Hayden is a 1968 graduate of Geneseo initial election. The drawing card was probably the large twelve candidates had such experience, and of that four, Slate College. He was drafted out of law school in 1968 number of presidential candidatesand their diverse views. only one waselected. and served with the Army for two years. Ms. Stoll Questions why only a small number of experienced graduated from the American University School of Five students competed for the post to be vacated by graduating senior Malcolm Morris: John Anderson, Gene directors ran for office have arisen. They have been InternationalService in 1970. She worked with theLegal Coffin, John Hayden, Lloyd "Chico" Silverslein, and partially explained by a possible disillusionment arising Aid Services while in college. Mr. Conover is a 1968 Mike Stachowski. When the final tallys were in, Coffin from the ability of the SBA to viably accomplish its graduate of Hamilton College who served in the armed and Hayden were scheduled for the run-off. Hayden objectives. forces for two years before entering law school. Mr. pulled ahead, and won the election, 154 to 121. Another possible disillusionment this time on the Buscaglia, also a veteran, graduated from the Wharton The post of First Vice President was also hotly part of the student body with its electedrepresentatives School of Finance and Commerce of the University of contested. In the initial voting, Richard Clark polled 114, has been mentioned by some as the cause of Ihe poor Pennsylvania. An English major, Ms. Fried graduated from Judith Kampf 75 and Rosalie Stoll 158. Since a majority showing by the SBA directors. SUNY/Buffalo in 1969. William Buscaglia is the only new officer who has and not a plurality is needed to win an SBA office, a runoff was held between Mr. Clark and Ms. Stoll. The served in the SBA before. His opponent, Marty Miller, has DIRECTORS TAKE OFFICE final results were: Clark 115and Stoll 173. served on SBA committees and has worked to establish a Friday, April 22, the new officers took office. In a close race for treasurer, William Buscaglia won student-run bookstore. over Freshman Marty Miller, 173 to 120. Mr. Hayden is a returned junior, who has attended Outgoing President Malcolm Morris presented the gavel to many SBA meetings and presented many ideas. Of his President Hayden. He spoke of the successes of the SBA four opponents, Mr. Anderson served as Secretary lasl during the past year, and wished the new officers the best TWO OFFICERS UNOPPOSED year, while Mr. Coffin has been a director lor two years. of luck. Hayden then presided over an SBA made up of The lone candidate for Second Vice President, Skip All three of the First Vice Presidential candidates were the outgoing directors. Conover, discovered opposition from write in candidates, juniors with only Ms. Kampf having had previous SBA The new officers have promised a dedication to the although he polled 163 votes. There were 72 write-ins, directoral experience. Both Mr. Clark and Ms. Stoll have problems of thelaw school and a willingness to implement with Elliot Tunis, a senior who has been nominated in been active in school organizations. Ms. Stoll will replace changes where necessary. They desire especially to work every school election, receiving 6 votes, the highest graduatingsenior, Mark Farrell. with all members of the Student Bar Association to gain write-in support. Mr. Conover will replace senior John Both Mr. Conover and Ms. Fried are freshmen who their input. - International War Crimes Law IN THIS ISSUE: Court of Appeals Blues The NS-RO! Grading System page Iwo Amherst Housing Plans for Sludent Residences page Ihree Law Womens Conference Trip to SanFrancisco page four Law and Film Mitchell Lecture Sponsors AttorneyFilmmaker page five Jail Counselling Service Students Work with Inmates page six Folk Festival Banjo pickin' on Main Campus "Hug a Rugger" What sport gives ycui two minutes to get off the field if you're injured. '...: Seymour Hersh, Pulitzer Prize winning author for of the My Lai incident, spoke before the student body recently on "Can Military Justice Cope with War Crimes?" Sponsored by the Mitchell Lecture Series and the International Law Club along with Mr. Hersh, was Benjamin B. Ferencz. Mr. Ferencz spoke on "War Crimes Law: The Rights of the Victims". Initially Mr. Hersh spoke on the My Lai incident. He stated that his book was based on the clandestine receipt of the Peers Panel Report. In it, he said there was an estimate of 347 dead at My Lai, at least double the number criminal trials admitted to. Also between 95 and 100 individuals were killed at My-Ku-4, one and a half miles away. This just his coverage page six veteran's confirmation of rumor hedescribed the practice of pilots running down peasant farmers from the air and lopping off their heads with the skids of helicopters. He described how the problem of bloody skids became so blatant that one copter battalion set up a special washing area where skids were cleaned before the copter returned to its base. Discussing the Americal division casualty rate, Hersh noted that a count in May 1968 showed that 93% of the casualties were from mines and liooby-traps, in other words, the American Division was not seeing active combat. Hersh further asserted that Army officers including Col. Henderson, and Maj. General Koster were in copters at 1000 to 2000 ft. above the My went to prove that My Lai was NOT an isolated Lai assault and yet said they saw nothing. Hersh incident as everyone from Nixon on down has noted thatall the pilots saw. It wasn't necessary for an officer to say "1 will insisted. He stressed that two incidents were committed the same morning, the same hour and by cover this up", rather, it was an understanding. the same company. No less than 200 officers above the rank of Hersh touched a very personal note when he captain knew about the incident immediately asked the audience "Who was in Nam? Who heard there was no ambiguity and they knew it was not a (continued on page eight) about 'skids" incidents?" Following student - page seven �mi 2 Editorial Support membership and aims. Few of the elected SBA officers and directorshave served in the SBA previously. Most of the 70-71 directors did not even file for reelection, perhaps because of a frustration inherant in any governing body whose decisions must be accomplished through compromise. The next SBA must work together and strive to make campaign promises a reality. The SBA has a potential to fill many valid student needs. Initially, it is imperative that the SBA continue functioning despite the change in leadership. No five officers or board of directors can accomplish these aims alone. Student input is needed to ensure that the officers and directors are truly representative to the needs of the student body as a whole. Next years SBA has a rough road ahead, but through cooperation and a willingness to get together and work, we can accomplish things and solve the.real problems of the student body. newly OPINION April 20, 1972 —— — Editor-in-Chief Rosalie Stoll Asusiant Editor Vacant Manning Editor Robert Friedman News Editor Vacant Article Editor Mike Monl*omery Feature Editor Vacant S.BJL Editor Vacant rhotgrapby Editor Chris Belling Production Meager Vacant tWonesc Manner Chris Greene Staff Writers --Robert Rothstein. Earl Carrel Otto MaUch. Jeff Spencer Michael Montgomery. —- — - - —- James Brennan John Samuelson, Alan Snyder, George Rjedel. Kay Latona CohimnisU Otto MaUch, Joe Heath Contributors James Brennan, James Perry, Linda Cleveland —— —David Photographers 1972 performance of the administration in regard to the at the recent SBA elections, it becomes apparent that the SBA is undergoing a change in «■ Let rs To the Editor the SBA Retrospective!) looking Volume 12. No. 11 April 20, opinion Larry D. Shapiro Samuel Fried, Chris Belling, Gary Masline Klein, Jack GuLkin The Opinion U published every oUht wi-ek t-xcepL for vacations during the academic year. It is the student newspaper *>l the State University of New York at Buffalo School of Law, 77 West Eagle expresse.' in this paper Street, Buffalo, New York, 14202. The Board or staff or The are not rtecessiuily those of the Editori.il organization. Triird class non-profit Opinion. The Opinion is a postage entered atBuffalo, New York. To theEditor: member ol me Having completed a year a would like to offer the Mooi Courl Board, following observations. Muot Courl has III" dual purpose ni tervlni an academic function and also reflecting upon the reputation of Buffalo l.aw School when our teams compete against other law sthool teams. Most law schools slrongly support their Moot Court programs However, at Buffalo, the administration and some members of the faculty have sometimes treated Moot Courl rather shabbily. Faculty members have often been "too busy" to give even minimal assistance to Moot Court teams attempting to prepare lor inlcr-schoul competitions and this can prove lo be an insuperable handicap. But even more disheartening has been the I » " limiting ol the Moot program should be treatment? Why is it necessary to get a specific court order prohibiting brutal beatings and other forms of physicaJ and mental harrassment in one of the jails? One would tend to think that beatings would not be so much the natural course of events that a court order would be necessary to prohibit them. On December 14, 1971, a federal District Court issued funded by the An academic school. Law I! tratiOO. The Moot Court program would adminbeen reduced to nothing in the past year have except for the extraordinary efforts exerted by Dick (wans to obtain funding for Moot Court program from various sources and the generosity of the Alumni Association. But there is no good reason why (he Moot Court Chairman should have to expend a substantial amount of his time begging for funds. Quite simply, Moot Court is an academic organization and should be funded by the school. And lack of administration and faculty support for the Moot Court program in the future will inevilably detract from the quality of that program. Michael Calvete Up Against by Joe Heath As people who will be deeply involved with the law and the system that sends people to jail we should do a lot of thinking about jails and just what they mean in our society. Why do we have places where we lock up people for scores of years; just what are these places like; just what functions do these places actually perform; just what functions are we told thai these places should perform. The threat of going to jail is the ultimate threat held over us by the slate to make us conform our actions to what the state says. Actually it isn't the ultimate threat because the state kills at will (43 at Attica, George Jackson. Fred Hampton, John Huggins, two at Jackson State, four at Kent State, hundreds during the "ghetto riots"). What does "going to jail" mean in actuality in our society? At present it means that you are forced to submit to being caged and treated like an animal. The state has decreed that you submit to whatever inhuman treatment it arbitrarily forces upon you. How many of you have taken the time to find out what being in jail in this state is really like? What would happen to you if you were treated the way the state treats our brothers and sisters in prisons? How can the state possibly justify this inhuman Court program. Review justifiably gelt. 525,000 from the The Bench such an order. However, even such an elemental order was issued only when the District Court judge, John T. Curtin, had once refused; and he was subsequently over ruled by the Second Circuit Court of Appeals. Since that order was issued, six brutal beatings have taken place at Attica. The most recent was on April 3rd. One would assume that the individuals who have directly violated that order by perpetrating these atrocities would, at the least, have been held in criminal contempt. Which is worse: taking $70 as George Jackson did to "earn" his one year to life sentence or brutally assaulting another human being? When proof of these beatings was offered to Judge Curtin, he refused to do anything until a petition for a writ of mandamus was filed the Second Circuit. Then, instead of holding hearings in open court in Buffalo where he and the people and the press could freely view the men who received these beatings and the men who beat them, he decided to send a magistrate to Attica to hold hearings. Why is the state so afraid of these brothers that it refused to allow them to appear in open court~and tell us how they are being brutalized and subjected to inhuman treatment? How can there be any talk of rehabilitation when men are being beaten, caged 2314 hours a day, called "niggers" and "scum", etc, etc. Obviously any talk ofrehabilitation is a lie told by the state to obscure the real function of the prisons as the ultimate source of torture- to force us to submit to the monopoly capitalist system and its institutions of oppression. The jails are actually the concentration camps for the poor. RiGHTON! by COURT OF APPEALS BLUES II anything is to be learned from the current UB vs. Court of Appeals debacle, it is not 10 fool around with experimental marking systems. A pass-fail system is OK for Columbia, but Columbia gave their exams on schedule, or at least pretended to. Since the present marking system has been consigned to the rubbish heap of history by the Court we will soon be taking exams under the auspices of a new system, and we can only hope that it is the right one. This is a golden opportunity for UB to blaze a trail into new fields of sociological theory and to establish a Truly Relevant, Viable, Meaningful Marking System, one that will fully reflect the Needs and Aspirations of the law studerft community. In order to properly visualize this n/w concept a diagram has been provided. The student <S) is-a.multi-dirnensional entity, with n dimensions vectoring intcpan n-diraensional hyperspace continuum interstudded with alpha-warp nodes where the vector triplex is ablated out of perspective (see diagram). In order to properly assign a grade to S, who must always be handled as an ii-dimensional entity, all n dimensions must be evaluated in order that the resultant gradiant vector c accurately reflects S's accomplishments and potentials. Operating parameters must be oxylogistically annotated to preserve the heuristic eugenesis and synergistic interface coordinates. Cybernetic data control and programming will result in proper qualitative randomization, optimal system selection will drastically reduce the chronological accumulations so abhorred by non-technological man in a technological environment. The convenience factor weighed against the cost of piezo instrumentation necessary for paralinear nonrigid vector analysis comes out heavily in favor of electrodag and other vital components. The alternative would be to rely entirely upon uniaxial manual data compilation, an entirely unsatisfactory mode. (Cost estimates on retraining SARA to handle the required syllogistic anamology run between 75 cents and $3M, certainly worth the expense.) Having assigned proper values to the n-field overlay and having run it through SARA, a matrix multiplier is used to convert the quasimathelogical paradyne into a relevant euthanism, so S will finally know what he got. The analogarit hmic chart depicted shows the austcnitic relationship between a mathematical score (varying from 17 to 83) and a true letter grade. For the sake of the Court of Appeals the old A through F structure has been preserved with a few minor modifications. The highest possible grade is to be RO!, i.e., Right On!,' while the lowest is NS, Not Sufficient. Nobody flunks (get that nasty word out of here). Between RO! and NS grades range from B, Mediocre, QL (Q with letter), C, Pass, D, U Pass, Resigns, X (incomplete), Insufficient, Withdrawn, lo OTTO MAISCII DNF. The numerous options preserve flexibility. Naturally, that is not the final grade, which is not assigned until the student reviews his preliminary mark as derived by the computer, and subjects it to an intense Interspective Evaluation (IE) overlay, a relevant interjection in the otherwise cyrogenic proceedings. Pleochroic contributions by S's into the ylem preserve its humanitarian character. Finally, those few S's who through the fault of society, received a grade of NS, also received a Personal Interview AndExcuse (PIAE) to make things Perfectly Clear. At all times UB must insisl to the Court of Appeals that this is not an experimental system. It is theoretical, but its validity is so obvious that there can be no doubt in anyone's mind, even the Court's, that this is indeed the wave of the future. It is ÜB's manifest destiny to lead the rest of the nation's law schools out of darkness and into this plyhubric panagcon of necrophasia. RIGHT ON! Part II on page five. �1 April 20, 1972 THE OPINION 3 SBA Grading and New Deanship Discussed by Mike Montgomery correlation of placement with the APRIL 14 and course credit. This position NEW OFFICERS; The 14 April meeting curriculum go before the Budget of the SBA was initiated by the installation will probably and Review Committee rather Program of new officers. Malcolm Morris was than the Appointments Committee. replaced by John Hayden as President, the candidate in mind is a Mark Farrell by Rosalie Stoll as First Vice Apparently, married to a local attorney, and woman President. Second Vice President John who has a doctorate in education and has Samuelson was replaced by Skip Conover. taken two years of law courses. Former Director Bill Buscaglia superceded Secondly, Mr. Schwartz announced that Richard Weinberg as Treasurer, while the the Service seminar will be take Selective Secretary's position formerly held by John over by Carmen Petrino, a local Anderson was filled by Linda Fried. practitioner in the field, President Morris, in his closing speech, illness of Professor due to the grave Marx. Mr. Marx's thanked those Directors who had attended seminar in Computers and the Law the meeting for their assistance in whatever second will be taken over by Mr. Schwartz, and may have been accomplished by the body, will culminate in a symposium to be held and received a round of applause from the after exams and before graduation dealing audience as he stepped down. with issues such as privacy, in conjunction PROVOST SCHWARTZ: President with a paper. Hayden introduced Mr. Schwartz, who Discussion ensued thereafter concerning commenced his presentation with the the ever present Court of Appeals problem. announcement that he is presently seeking Considerable confusion was evinced over to establish a new assistant deanship for the memo from Professor Greiner and the the purpose of handling placement and a rationale of applying D-F grades to Seniors. It has been decided by the Administration that JD requirements will match those for certification to the Bar. Prof. Greiner's suggestion as to a credit-non credit grade was dissapprovedby the Faculty. Reed Cosper raised the question as to whether there would be further revision of the grading system. Provost Schwartz noted that such a revision was likely, with applicability to those students presently enrolled here remaining in issue. There was considerable discussion as to what criteria would be applied to determine whether or not a student would flunk out of school. It reached no conclusions useable for further guidance, tho apparently there will be some criterion in regard to the number of D-F grades, which Hs might be used to balance off. SECRETARY'S REPORT: Linda Fried requested that all retiring SBA Officers and Directors turn in their Reporters to her. She noted that she intends to post copies of the SBA minutes and upcoming agenda for student perusal, and requested that all matters to be put on the agenda be week in advance. submitted to her one PARLIAMENTARY PROCEDURE: President Hayden announced his intention to continue allowing non-Directors to speak freely at all meetings. Unlike previous practice, the motion to call the question will be enforced only on a vote to that effect. INTERNATIONAL LAW CLUB: The members of this organization requested a budgetarychange, shifting the allocation to send two contestants to the Moot Court competition in Washington in order to allow the club to send two representatives to the national meeting and workshops in the Capitol in order to receive official recognition from the national body. Reed Cosper suggested that such expenses are more rightly taken care of by the Administration. Subsequent to the defeat of two motions paring down the allocation in various ways, it was decided to grant $229 for the air fare, fees, and $12.50 per diem expenses for two representatives. Judge Denman Speaks on City Court System by Rosalie Slnll Newly-appointed City Court Judge M. Dolores Denman spoke recently al UB Law aboul the City Court system. Sponsored by the Assn. of Women Law Students Judge Denman focused on the roles of the woman professional in the judicial system. Jutjge Denman explained the many opportunities Fried that exist for dedicated lawyers, both male and females, both In the District Attorneys office and in the judiciary itself. She pointed oul thai this is a good time I'oi women law school graduates, since more and more positions are opening up' to women. A woman attorney, she stressed, must no! rely on her sex to get a job, bin rather she must work to excel in her particular field, jusl as any man does, in order to open more employment possibilities. Discussing her own experiences, Judge Denman also dwelled upon the importance a good boss can make in opening up new palhs for an attorney's gaining of experience and skills. Before she was appointed to Ihe City Court, Judge Denman served in the District Attorney's Office, Criminal Division. She mentioned how vital her experience in criminal law has proven in her City Court position which consists mainly of deciding criminal cases. For any young attorney starting out, she remarked, trial and error is unfortunately theinitial path. She mentioned how she had learned and grown from her early mistakes and spoke of the lessons thai shehad learned. Judge Denman also discussed the electoral process for judges. She mentioned that il was unfortunate that so many voters are uninformed of the qualifications and abilities of judges. She discussed her current campaign and the methods of selection for that office. Further, Judge Denman discussed the U.B. Alumni Association and its role in working with both students and alumni. She has been extremely active in the Association, serving as Secretary this year, and discussed its contributions to the law school. After her speech, JudgeDenman met with several fascinated students and discussed employment opporlunities for attorneys. She mentioned how invaluable her experience in the D.A.'s office has been. Most of all. Judge Denman was personally interested in the problems students have encountered, both in and out of school, and made many worthwhile suggestions. What's Ahead in Amherst Housing? by Earl Carrel - friends the move to Amherst is in the offing and, believe it or not, the housing situation is not as bad as a lot of people think it is. There is a University-wide committee charged with figuring out what to do about the housing problems which will be encountered as the North Campus moves toward completion. "The President's Task Force on Operational Issues Related to Initial Amherst Campus Occupancy" is the body entrusted with filling the I.M. Ah, yes, Pei and Davis-Brody dormitory complexes scheduled for completion within the next year. The Task Force is charged with examining such issues as: 1. The use of non-residential space in the dormitories; 2. Possible conversion of residential areas to nonresidential purposes; and 3. Auxiliary services required and their extent, such as transportation, vending, etc. Even though the committee is directing its attention to the housing problem in Amherst; it is taking into consideration the opening of the Law School bus lines which building. This includes the subjects of allocation of campus or on evening hours and the needs of married students. Three important decisions have been made or will be made within the next six months. First, there is a provision for a mixture of graduate and professional students as well as undergraduates in the North Campus dorms. This is a definite commitment and will be implemented when 800 spaces become available in the I.M. Pei dorms, scheduled for completion in December. This should accommodate some Law students (the percentages are not yet worked out) when the Law building is opened in September, 1973. While this only applies to unmarried students, the other two points should interest those students who are married. An almost firm proposal has been developed for University bus service between the North Campus and Ridge Lea. settled of the three and could well be the one most steeped in controversy. This entails the possible rehabilitation of the Allenhurst apartments and their classroom space for non-academic purposes during Hopefully, and probably, this will be expanded to include direct service to and from the Main Street campus. This will enable Law students to live in the area surrounding the Main connect the Main campus with the rest of the city. The third proposal is the least conversion into low-cost housing for married students. This would be a University-run, not stmi c n(-11111 operation. Several problems stand in the way, however. The cost factor is implicit in both of the major obstacles. First, the lease for the Allenhurst units expires during the summer of 1973. The cost of renegotiating this lease must be considered and there is a feeling among certain University administrators that leased facilities are not in the best interest of the University. The second cost factor is the widely recognized need for extensive rehabilitation of the Allenhurst property in order to make it habitable. The feeling of the Task Force is that while prospects do not look all that good, they don't look all that bad either. Hopefully this will put some minds at ease, but if not. the committee will be meeting weekly through September. If any student has questions or comments which he/she would like the committee to consider, those questions may be addressed to: Earl Carrel, Amherst Occupancy Task Force, and left with Shirley. _4 �WATCH �PHONE � DID WNED-TV public television on the niagara frontier # I W £Sf^Cm^ Vj channel fPV 1 m % X T TfTt^nfrwWfl \/iW JkVJaN/ tm jUNE -j^q �Law and April 20, THE OPINION 4 Society 1972 Review New Editor Galanter Seeks Student Editorial Board Commencing this summer.Professor Marc Galanter will become the next Editor of the Uw and Society Review, the journal of the Law and Society Association. The Review includes a student board of editors which participates actively in editorial work, including solicitation, evaluation, and editing of manuscripts, as well as the arranging of special issues on selected topics. A student board of between six and ten students will be constituted during the summer. Students will be able to work in practically all spheres of editorial work. All interested and well-qualified law students should contact Professor Galanter. The Review's objective is to provide a forum for Professor i' interdisciplinary research on the legal process. I Galanter stated, "I hope that during my tenure the Review will continue to provide a link between researchers in a variety of disciplines and will serve as a bridge across the gap between legal scholarship and social sciencereserach." Specifically, Prof. Galanter desires to promote the development of neglected areas that hold particular promise for the social scientific understanding of the legal process. TheReview has no funds to pay student editors, but it will probably be able to cover expenses entailed by editorial duties. Studeak participants will be afforded an invaluable learninganjrparticipating process. Copies of the Review are available in the library for perusal or in Professor Galanter'soffice. Report on San Francisco Law Women's Conference by Linda Cleveland Arising from the bitter criticism and dissension which marked the close of last year's meeting, the National Conference of Women and the Law, held in San Francisco Easter weekend, created a new feeling of unity and shared struggle among the disparate elements of the women law-students' movement. The earlier conference had been angrily denounced as myopically concerned with middle-class white professional women's problems only. Responding to this critism, the National Planning Collective carefully - 'cottage' (cell bloc), 'my staff (guards). the knowledge that in comparable jobs for Vocational rehabilitation programs are non-law publishers, the minimum union wage is 5213 per week, the women formed shams covering prison maintenance: sewing male prisoners* uniforms, grooming guards' a bargaining unit, survived an grounds. landscaping prison the NLRB-ordered enlargement of that unit, pets and Racist and even sexist conditioning and won by 75% the NLRB-supervised flourishes within a system of rewards and election to designate the International punishments calculated to make children Typographical Union as bargaining agent. That was in January of adults. the company still An ACLU legal worker testified to the refuses to bargain collectively with their effectiveness of this conditioning while union. she had processed threee to four thousand One of the two or three recurring appeals requests for male prisoners over a themes of the conference cropped up at redwood, azalea and rhododendron in full period of years, she had never dealt with this point in the discussion: the understanding that not only are bloom; a branched, elegantly-landscaped even one coming from a woman inmate. corporation managements and courts stream coursing among the buildings; at the far end a wooded hillside. We knew we had THE UNION MOVEMENT almost exclusively maje, but so are unions, defense counsel and all the governmental found Boalt Hall Law School when we At the Unionization Workshop, the case protection agencies: NLRB, HEW, EEOC. spotted an incomprehensible 50-foot high aluminum quotation from Cardozo on the which hit closest to home was that of the (Among the conference participants was a side of a building. Walking around 3 sides women employed by Bancroft-Whitney, woman who has filed a sex-discrimination which seemed a city block long, we entered the law-book publisher in San Francisco charge against her boss with the Equal the building to find endless space space and subsidiary of Lawyers Cooperative Employment Opportunity Commission to burn cultural shock for one so lately Publishing in Rochester. It seems that this she didn't have to go far she is employed as an investigator by EEOC!) removed from the Eagle Street sardine can. My major regret about the conference itself was that as the only student from UB LESBIAN RIGHTS about as liberal as any law school others still suffering under compulsory attendance rules, all male all faculty committees, no baiting in clinics and open female classrooms. Fortunately for us, the car taking us out to the conference the following morning broke down a block short of the Berkeley campus, and our forced march (with full field gear) across the length of the campus turned out to be a pleasure. The campus, rolling gently uphill was lushly planted with towering, fragrant eucalyptus trees, - - restructured the conference to expose a cross-section of the oppressive laws which cut into the lives of every woman in this country today, those relating to: abortion, marriage & divorce, lesbianism, rape, prostitution, women in prison, motherhood, employment. They sought to overcome the cries of professional elitism by opening the conference not only to lawyers, law students and legal workers, but to ordinary women who had and are being victimized by our social system and the legal system which supports it: prostitutes; rape victims; welfare, working and lesbian mothers; black, Chicano and Asian women; ex-convicts. Law, I co uld only go to four of the workshops proper there were at least double that number reportedly well worth attending. WINE AND CHEESE WOMEN IN PRISON Having presented a background, - — - — - - f stopped in at the Lesbian Rights workshop, intending to stay only a short time, but became interested and involved in the plight of this little discussed, but perhaps most oppressed minority of all. The constant harassment and discrimination of law, police, governmental I will A ye teran of nine years in assorted get on to my adventure. Glenda, a student from Hastings Law Federal, state and local prisons and School in San Francisco, tired from a full detention centers, the articulate leader of evening of ferrying folks to Berkeley, took the Women in Prison workshop was the last batch of us home with her when intimately acquainted with the debilitating we arrived from N.Y., Texas, Wisconsin regimen and indignities of the and Utah the night before the conference. "correctional" system, Now working with We unrolled our sleeping bags amid wine, CONNECTION, a prison counseling cheese and fresh California fruit,and spent program, she described the insidious several hours trading tales of sexually structure of California I nstitute for restrictive admissions and hiring and Women, a law-profile, well land-scaped employment policies, sexist slurs in "model correctional facility" where barbed classrooms and textbooks, male-taught 'law wire is unobtrusive, and where both and women' courses, and other prisoners and guards wear streetclothes. absurdities-but-realities. Rather, to my Realities at CIW are masked in surprise, it turned out that UB really is euphemisms like 'campus' (prison yard). - — agencies, insurance companies, employers, made vivid. The total absence of any type of protective legislation for this minority group was also highlighted. A woman lawyer, mother and lesbian unified much of the feeling in this landlords, etc. was workshop and others, by saying: "All women have to care enough to put particular group of women are hired as 'clerical' workers and paid at the prevailing Area wage for file clerks, about $90 a week. But, as it turns out, the women are Bay all college graduates and what they're doing is editing law books. SpurTed on by themselves on the line when government tries to take children from any mother, whether she is gay, a recipient of public assistance, a convicted felon or has Black Panther posters on her wall all women must join together to fight for every women's rights." — Amtowa.qa Janitor Denies Interview With Reporter by Lucian Parlato Lars Latchkey, chief janitor of the new law school building in suburban Amtowaga, today denied that he had ever given an "exclusive" interview to Lucius Q. Paddlefast, a reporter on the staff of the Amtowagan. In a recent syndicated column appearing in the Amtowagan, Paddlefast claimed that Latchkey had conducted him ona tour of the new building, and that he had seen some marvellous sights. "Wait till it gets out what kind of facilities they are installing for the faculty," wrote Paddlefast in his article. "For example, a perpetual gas flame has been installed in one lecture room for a particular professor wholikes to puff on his pipe, but has difficulty in keeping the fire in his pipebowl going, because of the humid atmosphere in this area. The perpetual gas flame will save him the trouble of striking countless matches, as has been his custom. The result, of course, will be more words spoken per lecture, and consequently more learning for the largely ignorantstudent body." 'This," opened Paddlefast, "is a rather costly device, probably world, but still worth the unmatched anywhere else in the academic candle because of the increased learning which will result for the students. "There are some other expensive installations, however, whose value is questionable. I saw another lecture room especially outfitted with a simulation lion's cage, for professors who like to pace back and forth while lecturing. "I feel it is a waste of taxpayers' and students' money," wrote Paddlefast, "to cater to such idiosyncracies of our professors, no matter how learned or important they may be. If they want to pace up and down while delivering their lectures, let them do it on the old wooden-type platform they had in the old law school." Latchkey, however, dismissed the opinions uttered by Paddlefast as nothing but sheer invention. "Nobody has got past my little wooden shed outside the main entrance to the new law school building," he asserted emphatically. "I think this reporter Paddlefast is a complete fraud. He's making the whole thing up just to get publicity. I never heard of him before now. "Paddlefast's stories about a "perpetual flame" and the "lion's cage" are ridiculous, absurd, and completely fictitious. If I catch him around here, I'll stick his head in a mudhole!" UNIVERSITY TRAVEL (SUNYAB) 323 Norton Hall 831-3602 SUMMER SHUTTLES '72 Niagara Falls, N.Y. London, Eng. 30 dates $ 179.00 r/t (for faculty, students, and families - jet staff - SUNY) �April 20, 1972 THE OPINION 5 Mitchell Lecture Series The Law and The Media by Rosalie Stoll portrayed and delve beneath the superficial vision that most people have of it. Mitchell Lecture Series this year has Wiseman spoke before an audience done an outstanding job of bringing in composed of law students and faculty. He outside speakers. Perhaps one of the finest explained the purposes of the films as speakers this year was Frederick Wiseman, merely to preserve a small slice of the an attorney who is also a professional institution to be available on film for filmmaker. audiences in 100 years. Trying to justify films in terms of social Wiseman has gained notoriety as the producer of "Titticut Follies", a film change arguments has been abandoned by revealing sordid conditions in a Wiseman. He stated that he no longer Massachusetts mental hospital. believes that they will alter things, but The In addition, Wiseman has produced the rather will enable some people to view the films "Law and Order", "Hospital", and institution more thoughtfully. "High School". All of his films, while Discussing "Law and Order", Wiseman documentary, leave the viewer with stated that he began with a definite notion definite feelings about the institution of the "piggery" of the police. However, after two days of precinct work, he discovered the "piggery" and violence of the genera)population. More police was not seen as a solution to the problems of law enforcement that he encountered. He pointed out the lack of answers in this field. Defending his films, Wiseman said that anybody can take cheap shots at individuals on films by editing, but his issues are much more complicated than that. The following day, Wiseman spoke in a panel discussion with Neal Konin, who has worked with freedom of the airwaves, Michael Brown, an attorney with a prominent local law firm, Professor Al Katz from U.B. and Moderator Dean Schwartz. To begin, Wiseman outlined a history of the legal and political problems he had encountered in making "Titlicut Follies". Of prime consideration was the privacy of the inmates. Eventually, "Tittlcut Follies" went through several legal battles, until it was finally appealed to the Massachusetts Supreme Court which said the film had value only to groups of professionals. In another suit for damages caused by invasion of privacy, Wiseman was found not liable. In general, the panel concentrated on First Amendment rights and the use of new communications technology. The members examined the kind of controls that the state can exert, and the limits than can be imposed. Panel Discussion (from Left) Konin, Katz, Schwartz, Wiseman and Brown Grounds that are the freedom of Frederick Wiseman, Attorney and Filmmaker industry include invasion of privacy and breach of contract. The "chilling effect" of governmental action in terms of First Amendment rights was also a great fear. "Law and Order", "Hospital" and "High School" were shown at the Law School recently to large audiences. Many law students interested in film, school law, medical law and the law as it operates in prominent in limiting society attended the showings on three the communications consecutive days. Together Let Them Starve ENJOYING THE PRESENT AND REMEMBERING THE PAST by Larry Shapiro Soaring tuition rates, ridiculous gas and electric bills, and now, friendly impoverished student, you can also starve. The benevolent administrators of the FederalFood Stamp Program have ruled that after May I, 1972, unrelated individuals living together are not eligible. Period. It doesn't matter about sex, maintaining separate facilities, financialsituation or anything. The new criteria is that you either must live alone or be related to the person(s) that you live with. It is very clear to me that this new ruling is specifically directed at students. Not only are they the class that would be most affected; I was told by several workers at the local Food Stamp office, that it was directed at students. to Besides picking up that information, I was also able who get a whole lot of flack from the case worker renewed my claim after telling me that I didn't have enough money to go to school and to pay rent (1 explained that I hadn't paid tuition yet) she then yelled at me that I couldn't get my grades until I paid tuition (thanks, lady). She closed the interview by saying "Well, I'll let you eat for another month." SBA Party at Lamp Post Inn Sect. A Freshmen Gather at Seder RiGHT ON! by PART II OTTO MATSCH of not turn everyone else into criminals also, instead GET THEE BEHIND ME SATAN! turning them into the principal victims of ghetto the the suburbs rising in rapidly crime criminals With There is a line of illogic prevalent in the effete, elitist slum theory of criminal causation looks even sillier, quarters of society that holds that crimes are not that as the same chic liberals now announce committed by criminals, and that the blame which especially crime is caused by affluence. attaches to the crime should rest on society, not the society even antitheory guilty of the Taking "criminal." How often have we heard the limosine liberals further it isthe argued that prisons should not be used to bleat that a certain criminal's actions were due to his are where he incarcerate the so<alled "criminals," because they oppressed life in the ghetto, or slum, or suburbrationality that society is guilty of the crimes which and of innocent, was raised This explanation runs afoulthat even in the they have been falsely charged with. Prisons are to lock up when inspected, for then it is discovered rehabilitate the guilty, not the innocent, so obviously worst slums only a small proportion of the residents and "criminals" do not belong in prison. Well, if society is and the become criminals, and leaves unanswered did guilty, and the "criminals" are innocent, then the obvious unanswerable the question of why the slum conditions I ! i ' solution is innocent (o lock up the criminal society and allow the "criminals" to go free, thus protecting the "criminals" from society. following 1 propose that it be accomplished in the manner:" by executive order the United States would be incarcerating society, which is thereby declared a prison, guilty of everything. Anyone whois subsequently accused society and must innocent, of of a crime is course actions. Hence, he shoulder the blame forhis "criminal" and society's evil influence must be protected from removed from society as rapidly as possible, i.e., removed are his own subsequent actions from prison USA. His concern, but he must stay out of prison to prevent his complete corruption by that devil, Society. �April 20, 1972 THE OPINION 6 Counselling Service Students Work With Inmates Jim Perry People within and without by the legal profession complain a lot about the myopic and excessively detached attitudes of many attorneys toward human beings. Perhaps the most dramatic examples of the law's effect on people is in the area of criminal justice, where it comes down the hardest upon those who are the least able to understand its mechanisms. For the past eighteen months, a group of UB law students, along with graduate students from the School of Social Policy, has been working with pre-trial detainees at the Erie County Jail, answering questions, relaying messages to lawyers and families, and seeing first-hand a side of American justice that few lawyers have much time to examine. The Erie County Jail Counselling Service has evolved from a handful of volunteers, to a staff of sixteen paid students directed by law faculty member Norman Rosenberg. Original sponsorship came from Main two phone calls to set up an appearance date. The detainer may be the only thing keeping the man's friends or relatives from posting bail for him. Were it not for the student's help, he might spend an extra forty-eight hours locked up needlessly, while he tried to get the attention of someone who knew what to do. Given the generally conservative outlook of Erie County Sheriff Michael Amico, it may seem incongruous for him to give sixteen UB students the run of his jail. But ECJCS has enjoyed the support and encouragement of the Sheriff's Office, and has received the full cooperation of Jail Superintendant Frank Festa. Since the first of the year, the project has interviewed almost three hundred men and women in the jail at 10 Delaware Avenue, and at the jail annex at Wende. At the end of 1972, the project hopes to have enough data and experience to make a case for the establishment of similar services on Instead, every effort is made to enable the the UB Alumni Association and recently ECJCS received a $53,000 grant. The grant detainee to understand the legal process as filtered down from the Federal Law it affects him, and to reduce his isolation Enforcement Assistance Administration, by passing messages to and from the world through the New York State Division of outside. Having a clean shirt to wear to Criminal Justice, through Erie County, to court may not seem very important viewed against the backdrop of a trial that could the U.B. Foundation. The project is an experiment. get a man fifteen years in Attica, but after Immediately, it enables inmates to get several months in a jail cell, appearance messages to attorneys and families, offers may be the last vestige of personal dignity explanations of criminal procedure, and withinhis grasp. refers inmates to social and legal agencies Sometimes, fifteen minutes on the that may provide help they might not have telephone with an inmate's relatives can known was available. Ultimatly, the clarify the steps to obtain a bailbond that project's research component will use data to them before. compiled by the counselors to formulate a seemed incomprehensible model program for jails that will bring pre-trial detention closer to the spirit of the legal presumption of innocence. Counsellors interference carefully avoid any in the inmate's relationship with his or her attorney. Criminal legal advice is not offered. Nor does the project attempt to make bail recommendations. Tracing an arrested woman's property at the precinct where she was first taken after her arrest can occasionally enable her to buy some toothpaste and extra writing paper at the jail commissary, or even post bail. A Family Court detainer filed on a man be lifted by making for non-support can a larger scale in other jails. Campus Folic Festival Coming This Weekend who uses the folk genre to Nixon and anything else that decent folks want to keep decent.. by James Brennan gadfly the war, Traditional mountain ballads. blurry-eyed sea chanties or blue-eyed funky blues no matter what your taste in music. you'll find it at theBuffalo Folk Sky will be leading a Songwriters Workshop on Festival. Sunday afternoon, with Paul Gereinia heading a Blues and Gospel Workshop and Bill Vanaver hosting a Dance Opening Friday, April 21 at the State University of Buffalo's Rotary Field and running for three days, the festival will feature a wide assortment of top notch performers in the country and folk music fields. Workshop. The of the closing evening concert festival will feature The Scruggs Revue, Paul Geremia, Mississippi Fred McDowell, The Johnstons, Bessie Jones, Dan Hicks and His Hot Licks plus other performers from the previous concerts. Earl The Beers Family, who host a festival of their own "at their mountain farm, will kick oft the week-end doing backhills style country music. They will be joined by J.B. Hullo and the Hawks, a South Side Chicago bluesman with a super steel guitar and open throat gutteral singing voice. Doc Watson is on the quiet kind of shy and loaded with talent. He and his son Merle come from the Blue Ridge Mountains and have a natural guitar-picking virtuosity. Doc is blind and interprets the strings with an adept touch. side, The act to see for the whole Leon Redbone. He is a festival is Earl Scruggs, prolific Buffalo Folk Festival, and virtuoso Rocky Mountain banjo picker, will perform in the April 21-23 in Rotary Field. composer mystery man from Toronto, who gives his address as a pool hall and his phone number as a dial-a-prayer. Playing little known 1930's blues pieces, Leon also sings a large bevy of Jimmie Roger's tunes like *'T for Texas" and even some Frank Sinatra stuff like "Young at Heart" for you crooner freaks. Guitar and instrumental Notes Frown A LONG TIME TO CO WITHOUT IT University of Toronto School ofLaw The Advocate The mounties always get their man, so they say, although what the guy gets in return may depend on where the Government elects to situate him for the next few years, Yves Geoffroy, a Quebec lawyer incarcerated in that province for murdering his wife, took rather more advantage of the weekend pass granted him at his experimental prison than the gentlemen in thered coats and Smokey the Bear hats had expected. He fled to Spain for six weeks with his pre-prison mistress, putting his former law school classmate, Solicitor General Jean-Pierre Goyer to considerable trouble in getting him back. The lady involved is presently residing in Barcelona, courtesy of the Spanish government for a few years. Before his recapture, Geoffroy managed to marry her no doubt to the tune of '"Rose Marie" from an old Nelson Eddy record. PROFESSIONAL RIPOFF pro se National Law Women's Newsletter One contributrix to this journal is less than happy with what she considers to be the current trend among woman professionals. She considers the recent concern about the status of women in the professions, and business in . Earl Scruggs, former partner the late Lester Flatt, will bring his entire family revue to perform all the great banjo classics he has written or adopted. Some of his compositions include Foggy Mountain Breakdown, The Ballad of Jed Clampett, Nashville Blues and Randy Lynn of workshops highlight the Saturday afternoon activities. The evening promises a diversity of. country favorites from Bonnie Raitt to the Putnam County String Band to Pat Sky. Bonnie Raitt, Broadway star John Raitt's daughter, has a style reminiscent of the late Janis Joplin. .drinks booze on sings (or rather belts stage and out) the blues. Happy and Artis Traum will mix their own special brand of folk and country rock for the show. They appeared at U.B. last . Elsewhere year and had a successful Pat Sky, a Harvard alumnus of sorts, got his start in the Boston coffee house circuit. He is a contemporary commentarist, general, to reflect "the disgusting opportunism running rampant in the women's movement, the so-called radical left, and other liberal-intellectual circles in this country." This writer considers that, rather than improving the lot of women generally, the movement is primarily oriented towards improving the lot of a small number of "exceptional woman". Such a self-serving aggrandizement is considered a slap in the face of those trying to better thelot of all women. THERE ARE OTHER MINORITIES The Law School Journal Stanford The Hispano-American minority at this institution is presently engaged in a fight with their Administration to change admissions standards to ensure greater participation by Chicanos in the study of law. The plan presently under consideration was born after considerable agitation by minority students last year, culminating in a threat to leave the school en masse. ÜB's Minority Program Committee might consider their own admissions practices in light of the developments at Stanford. If Blacks are to be admitted under a special program, it would also seem appropriate to search out qualified students who are Puerto Rican or Amerindian. , very concert. Rag. Tickets for the Buffalo Folk Festival are available at the Norton Hall Ticket Office with a discount to students with valid U.B. identificationcards. by Michael Montgomery MOVE, OR ELSE The Gavel Cleveland State College ofLaw Like UB Law, this school is looking forward to entirely new physical facilities. Unfortunately, the powers that be in the local county government have plans for the present site of the school which might hinder study in the near future to be precise, there are plans for the construction of a justice center on that property, in preparation for which, the demoliton of the present Law School is scheduled to begin in the middle of April. Poses problems, doesn't it? Picture, if you will, what would happen if the City of Buffalo had decided to use Eagle Street as the site for the new City Court building, and had scheduled demolition clearly in advance of the most sanguine this month occupation date for the new facility in Amherst. Professor Del Cotto incontinentally lifted into the air by an errant scoop shovel scything through the side wall of his Tax Class. A wall collapsing and silencing forever the taped wisdom of Joe Marino. The fine points of the EPTL punctuated by a jackhummer. HMMM. - - �April 20, 1972 THE OPINION 7 Sports Sports Huddle Alan Snyder BASEBALL STRIKE AVERTED by 'Hug a Rugger' by JamesBrennan substitutions and the halves of the game run for40 minutes. Since there are no time-outs, when a player is injured he is fellow classmates limping down the halls with bruises and black eyes, there are two probable explanations for their unwholesome condition. [f you see your Either they play hockey with the law school team on the Fort Erie ice or they are members of the Buffalo Old Boys Rugby Club. Three freshmen and one junior from the law school currently are members of the Old Boys. They are Dave Clark, Mike Gfroerer, Peter Braun, and Jerry Soloman. Dave and Mike are rugby alumni from Dartmouth, who were first round choices in the Old Boys rugby draft. Formerly called the "UB Queens," the rugby club assumed the Boys" after name "Buffalo Old various club funding agencies at the State University of Buffalo Main St. campus refused to sponsor them as an official university club. The Old Boys are described by future barrister Dave Clark as "a fine collection of teachers, city workers, graduate students, bartenders, photographers and a burgeoning crowd of happily unemployed." Rugby, a traditional English sport similar to football, is played with 15 men on a side. There are no time-outs, no . . .. given two minutes to get up. If he is unable to rise to play, he is carried off the field by players from each team and is usually given a traditional round of applause for his fine playing effort. Also medical attention if it's available. There are three ways to score in rugby: a "try" (similar to a touchdown in football) for 4 points, a kick or conversion after try for 2 points and a penalty kick for 3 points. The Buffalo Old Boys Rugby Club hosted a Rugby Festival this past week-end in Delaware Park with teams competing from Notre Dame, Cornell, Cortland, Opening day was a huge success this year, as the first game of the season was played in honor of our late and great second baseman, Steve Larson. Opening day was featured by the return to the mound of Jeff Sommer. Will we ever forget the spring of '70 when Sommer pitched his perfect game for the freshmen against the flower-laden seniors? Along with Sommer will be his odd-coupled roommate Malcolm Morris who roams left field as if he owns it. The million dollar infield is still intact with that dynamic duo Lee Ginsberg and Stu Revo, at short and second. Nothing, literally, nothing, can get by them, however, it is too bad this grasping ability eludes them when they try to go to class. At third is Sam Neuman, also a great fielder, because nothing gets by him, either, not because of his gloves, but because of his size; that's why we call him F.S. At first base is Alan Snyder, who leaves a lot to be desired in his base-running, but makes up forall with his bat. As for theinfield, all the fielders have to do is get the ball and throw it anywhere near first, and Alan Stretch Snyder vacuums it in. Rookies this year include Elliot Tunis, who is really a three year veteran, but claims he still wants the Rookie-of-the-Year Award. Other notables include Don Martin, Tom Parmele, Lonnie Tishman, Monty Montgomery, Doug Roberts, Jerry Solomon, Gene Haber, Shelly Gould, Bob Rodecker, Tom Nolan, Don Kaplan, Bob Livote and, still trying to make the bench, Joe Meltonski. All games are held behind Hengerers at Delaware Park at 10:00 a.m. on Sunday mornings. All are welcome, except undesirables. A lot of confusion is still in the air about our pension plan, but according to the administration, it has been assumed privately that things will be taken care of. and Toronto (two teams). The Buffalo B team opposed Cortland and the Buffalo A team played the Toronto Barbarians Rugby Club. The results of the Old Boy's Cup Tournament could not be obtained before the printer's deadline on this story. Playing the preceding week-end in two inches of snow, with ice floating on the puddles on the field, the Old Boys mucked out a 7-4 victory over Brockport. Some of the snow melted and left the playing field with large patches of mud. The game proceeds no matter whul the weather or playing conditions. Ruggers, as rugby players are 1formally called, are known for their stalwart propensity (o withstand pain and cold and their robust taste for indefinite amounts of stout and bawdy locker room limericks. After their funds were discontinued, the Old Boys raised money to support their team by selling bumper stickers and buttons reading "II Takes Leather Balls to Play Rugby" LATE NOTES: The Law School Basketball team which competed in the City League failed to make the playoffs this year for the first time in four years. They were beat out by Brenners in the Tosh Collins League. Virtually the whole team will be back next year with the exceptions of three seniors: Tom Parmele, Lee Ginsberg, and Alan Snyder. The Shysters, defending campus champions, were defeated at the same time in the first round of the playoffs. Missing from last year's championship team, were both Terry Connors and Bruce Nortson both excellent ballplayers. The Shysters will lose the following seniors, but should still be able to field a team next year. Missing will be Lee Ginsberg, Don Kaplan, Bob Livate, Don Martin, Jay Beilot and - and "Hug a Rugger." Along with monetary support, the Old Boys welcome spectators and new players to join them in their Saturday afternoon romp in the mud. Anyone interested in joining this hearty bunch of lads can contact any of the law students involved Alan Snyder; The Moot Court Basketball team is in full swing, taking on all comers. Recently, Mike Calvete in a one-on-one bested the Opinions challenger Sam Fried. Dave Klein, however, remains undefeated champion with Richie Steiner vying tor honors. or call 875-3953. STUDENTS invest in life insurance .. now while your premium rate is low! , Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Bus: 852-3446 Res: 832-7886 'Ml Kipw YffflS New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans NEW YORK BAR Kk IgrTOLrri no JBAR ,E|i^N^orp - . Mm 2t>. Wedding Announcement JULY EXAM REVIEW COURSE York Education Law orated under the New of Veterans. and approved for the training was The unique method of approach utilized in the Course developed 6y Joseph L. Marino and his staff of experienced in order to provide attorneys, practicing lecturers and active Bar Examination with candidates for the New York Slate(I) a familiarity with the essentials of proper preparation:ready recall of the New York (2) a nature of the examination. Law (3) a reliable method of analyzing complicated fact answers, well-reasoned facility writing for (4) a situations and (51 a review of yes-no Bar type questions, (6) recent the devzlopmenl in the law. INC. MARINO BAR REVIEW COURSECity, N.Y. 11530 Garden 109 Tullamore Rα -founded in 194680% of our students have over than years, -� better the last 5 passed the Bar Exam A i , lv i\i it'!'.■ 1u< lulu"! in'i. \ i \ , 41. Rims. Laughing". 42. 43. Cassettes. ■" " 45. Jostle. ,. . ANSWERS TO NO. 8 « *.'<■ r fl>|l j*|»M?|e & .*■ h* m±.c l*ieW*A~i<l\i Li! e ctVJT ! ,■- 11J"Hf*' <y> ;". ". ■'>,> »l« (It V- U .)• ■ ■ yL£_"'J ■IB' i' iH» '« t> i» !•■ Ifl j "= , <r .}"»>■ reHα R. T • • 1 | *lr ■ Si i-1 i'i'ilJf* ijJB* « it y I !t '-:L 1 1 ''.'iPF! MM i KjßciH it Rl£ ■; ■*--S-W.< t -, ■jjftWa ■' .l Si* Ml oK ' Tj '. SiSifl ■" '» ! XMA-b S3? »J1 yjlji ■<;« I- ifei 1. cfi. if ' 1 IKVK^k°v — v^^^^^i , 21. Goddess. and Trial. 24 25. Dens. 27.Sky(Fr.) Children. 28. Poker Term. Taunts, in a way. Anc. Slave. 29. Goads. 30. Medium Word. DOWN 32. Lost Person (coll.). 34. Occupations of 3-down. 1. Extinct Bird. 35. Marie and Catherine. 2. So Be It. 36. Wounded. 3. Collective Name of 18 38. Left. and 57 Across (with "The") 42. Resound. 4.Some. 44. Jewish Month. 5. French Liquids. 45 Prompters Cues. 6. Cong. 46. Measure. 7. Top. 47. Maine Town. 48. Sputnik Oval. 8. Congo Bantu. 9. Does Part of a Criminal 50. Mountain Scar. 52. Morays. Proceeding. 53. Rive. 1" Comedian Bert. 11. Gallic Name. 55. Bare. 56. Prefix for Phone or Vision. 12.A.A 58. Body Acid. 13. Ship Word. 19 Place 59. Before (Pref.). 61. 62. 63. 64. 65. 57. Kenneth Preston. 59 Churchwarden, i.e. i~ -..._. 60. Dye 46 Dove Sound. 49. Women's Group. 50. Tribe of Israel. 51. Debt Owing. 53. Threesome. 54. Negative. , T —T ■ Source. Native. Virginia �April 20, 1972 THE OPINION 8 BulETiNBoARd PUBLIC PROSECUTORS TRAINING PROGRAM A four week Public Prosecutors Training Program will be held this summer at Fordham University Law school of Law. The program will begin June 19 and last until July 14 and will consist of a week of lectures and three weeks of workshops. Workshops will include sections on trial practice, the Grand Jury's functions, Search and Seizure, Surveillance, Lineups, Identification Procedures, the Accusatory Process and Indictments. The entire fourth week will be devoted to trial procedures. All classes will be Vh hours long, commencing at 4:30 until 7:00. They will be conducted in part by members of the District Attorney's staff and the U.S. Attorney's office. There is no clinical aspect involved, however. There is no tuition for this course, and no course credit will be given. No exams or papers are required. The program will be somewhat selective, since enrollment is limited. Applications and additional information on this program may INTERNSHIP A summer internship program with the County District The International Law Club announces the electionof Attorney's Office is in the process of formulation. officers for 1972-73: Ted Orlin, President; Mark such a program should contact Mr. Finkelstein, Vice President; Skip Conover, Secretary and Anyone interested in Larry Loveday, Treasurer. Thomas Buergcnllial will Munak, rin. 602 Prudential. continue to serve as faculty advisor. Mr. Orlin announced that tentative plans for next year ICVTS FFICIERS LA ELWO will include a return visit of the club members to Belgium. The club wilt also continue to co-sponsor in conjunction Ms. Linda Drucker was elected President of the with MootCourt, the Jessup Competition. Student Law Wives Association on April 12. Ms. Ann Speakers, as this year, will remain an integral club Frank was voted Vice President. Also elected were Ms. activity. This year, the young club sponsored Thomas Wooding, Recording Secretary, and Ms. Candy Dine, Seymour Hersh and Benjamin Ferancz, Topics Marsha Donovan, Corresponding Secretary. The post of Treasurer ranged from Bangla Desh toWar Crimes Law. Ms. Kathy Stachowski. went to Interested students are encouraged to contact any of The Law Wives held a Spring Banquet at the Old Red the officers concerning membership. Mill Inn on April 15. Wives of graduating seniors were bid INTERNATIONAL LAW CLUB OFFICIERS be obtained from Mr. Manak in Rm. 602 Prudential. members, enjoyed Donovan, Wooding, year, Corresponding Kathy April Everyone applauded Recording Secretary. company. Spring graduating Secretary, very plan Banquet enjoyable April many post join. Candy Student Marsha Mill farewell Association. went Frank The Ms. Next Inn to was Law Ms. the LAW Linda on Law and and voted food Wives are Wives the WIVES Drucker and anxious IS. Vice Stachowski. held Law Association Wives the had President. a ELECT Wives to was of have a for elected on new OFFICIERS Also their The women President elected and work seniors at 12. the activities ofTreasurer Ms. with time were Ms. Old were of Ann Red and Ms. bid the the for UNIFORM PROBATE CODE The American Bar Association Joint Committee on. Continuing Legal Education will sponsor the ACLEA National Conference on the Uniform Probate Code May 4, 5 and 6, 1972, in Denver, Colorado. Registration fee for the conference is $150 including admission to all sessions and a set of study materials. For further information, write: Paul Wolkin, Director Courses of Study, ALI-ABA Joint Comm. on Continuing Legal Education 4025 Chestnut Street Perm. 19104 Philadelphia, I farewell and applauded for their work with the Association. Everyone had a very enjoyable time and enjoyed the food and the company. Next year, the Law Wives plan many activities for members, and are anxious to have new women join. ' i i ATTENTION: CLASS OF 1927 On April 12, 1972, a number of the members of the Class of 1927 Buffalo Law School had a luncheon, at which time Samuel C. Battaglia and Jean A. Martin were selected as co-chairmen for a class get-together for early in June, 1972. An Arrangements Committee is to be appointed later. Belling UB PLACEMENT SERVICES Students interested in obtaining part or full-time employment are encouraged to register with Placement Officer Tom Hurley. Besides locating positions, Mr. Hurley is interested in working with students in preparing resumes and placement materials. Mr. Hurley will be in Rm. 644 Prudential Tuesdays and Wednesdays. Appointments may be made by calling 831-4414. He is interested in meeting and speaking with students about placement possibilities. outstanding ABA-LSD, 1, year's prize Chicago, LSD, Henry currently essay. topic Henry including $2000 being essays. open entry graduates. by form, Essay Essay Territorial This contest the June The A For INTERNATIONAL further 1155 1972 1972 is Limit". ABA East of for C. information Illinois Morris submission 60th is The "Possible C. St. contest International 60637 Morris will June LAW and conducted of be 1972 Solutions an isInternational ESSAY awarded Law to to all the CONTEST for the members contact: Deadline Law ABA-LSD. the Contest 200-Mile most of is LAESCINWTRYOAL ONTEST The 1972 Henry C. Morris International Law Essay contest is currently being conducted by the ABA-LSD. This year's topic is "Possible Solutions to the 200-Mile Territorial Limit". A prize of $2000 will be awarded for the most outstanding essay. The contest is open to all members of the ABA-LSD, including June 1972 graduates.Deadline is June 1, 1972 for submission of essays. For furtherinformation and an entry form, contact: Henry C. Morris International Law Essay Contest LSD, ABA 1155 East 60th St. Chicago, Illinois 60637 War Crimes Speech (continued military victory. from page one) Mr. Hersh scorned the idea of military justice,. noting that there were only 4or 5 murder charges in the entire division that year. A murder is thus defined as an incident when a prisoner's brains are blown out in the presence of a colonel or general. By the same token, rape occurs when a woman is assaulted by 20 men in front of a colonel. Hersh noted that there were several incidents of this gravity. .. Hersh concluded by saying that "Military Justice no role to play in the field. .everyone knows in the head and that it is wrong to shoot. if .people you want to call that some people won't military justice, you can.. .;' has - - Mr. Ferencz, a believer in international law, and spea king on the Rights of the Victims of War Crimes, noted that the duty of the lawyer is to examine facts and to realize that weare dealing with violations of human rights. War violates, he stated, the most fundamental human right of all the right to live. Discussing Nuremburg, Ferencz compared the trials with the Viet Nam trials. Mere one defendant was charged with the killing of one million men. The men participating in the My Lai massacre were ashamed, he noted, while those at Nuremburg showed no signs of shame or remorse. He related the incident of a warrant officer in Viet Nam who refused to shoot down civilians and told his officer that he was going to evacuate civilians. He added "I never heard of this happening in the German Army." The warrant officeris nowa captain in the Army who was given a Distinguished Flying Cross for his acts, Ferancz stated, and the men who covered up My Lai are no longer in good standing with the Army. Mr. Ferencz noted the three categories of War Crimes: War Crimes per se, crimes against peace, and genocide or apartheid. crimes against humanity After the speeches and discussion, a reception was held for distinguished visitors, students and faculty in the Facpjty Lounge, .where there was an opportunity for all to meet-and discuss the speech. - � 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, 1972-04-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/20/1972 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/34788b1fd54c80a80dfff5d5a1a7a6b3.pdf d2e897f31a98110ae46665d270763465 PDF Text Text *i f nrli WSTttZ VS roMnje PAID The Opinion 77 Wen Eagle St Buffalo. New York 14202 Volume 12, No. 12 BUFFALO. NY. WMtTT NO. m SUM O THE PINION Uniwnitv oHlwYortit Buffalo School of L— May 4, 1972 O'Connell Discusses "No Fault" by Earl Carrel Alumni University of Illinois Law Professor Jeffrey O'Connell, one of the leading scholarly proponents of "No-Fault" auto injury compensation, gave the final lecture of this year's Mitchell Lecture Fund series to a disapointingly small audience of students and faculty, last Monday. Review by Christopher Greene The Hon. Frank R. Bayger, president of the Law Alumni Association, has announced the recent election of seven new members to the Associations Board of Directors. They include; Harold J. Brand, Jr.; Hon. Roger T. Cook; Samuel L. Greene; Richard A. Grimm, Jr.; William H. Hepp; William J. Love, Jr.; William J. Magavern. These new directors will serve a three year term on the twenty-one member Board. Bayger, who 'ill be stepping down as president of the Association, explained that the Board will be electing new officers at its next meeting on May 19. In reviewing this year's accomplishments, Judge Bayger pointed to the instrumental the Board played in obtaining a federal grant for the Student Counseling Center, role the $500 grant to Moot Court, the annual dinner, and the fall luncheon in honor of Professor Hyman. The largest attendance ever for both the luncheon and dinner bodes well for the future of the organization, suggested Bayger. Next year the Association plans to run an extensive membership drive to broaden its base, especially among the younger graduates. Other officers this year included John Gridley, Vice President; Hon. M. Delores Denman, Treasurer; and Robert Schaus, Secretary. SBA Directors Take Office Elections for junior and senior SBA Directors were held Monday and Tuesday, April 17-18. Of the twelve directors 'elected, surprisingly few had had experience in the SBA only — three. John Anderson, past Secretary of the SBA was elected to a directorial post. Yvonne Lewis and Gene Coffin, who had each served in the SBA for two years, were re-elected. The class of '73 elected John Anderson, Richard Clark, Olney Clowe, Art Conduzio, Gene Goffin and Yvonne Lewis as its representatives. Nick Amigone, Buffy Burke, Regina Felton, Elliot Mandel, Marty Miller and Larry Zimmerman were elected by next year's junior class. None of the six had previously served in the SBA. The new directors assumed their duties April 21 at the weekly SBA meeting. Objectives announced by the directors individually include the working toward a more representative SBA, the establishment of a student-operated bookstore and the prompt fall passage of a budget. Elected to the FSRB were Hazel Warnick, Michael Berger, Olney Clowe and Judy Kampf. IN THIS ISSUE: The Leeches Scream Otto Questions Mandatory Fees page two BALSA Convention Fifteen Students Represent Buffalo page three Myth Revealed An Ex-undercover Agent Uncovers the F.8.1 page three Summer of '72 Buffalo has Everything but Jennifer O'Neill page four The Buffalo Five Reporter Examines a Trial's Progress page four O'Connell, the author of Basic Protection for the Traffic Victim; Safety Last, an Indictment of the Auto Industry; and The Injury Industry, blasted the legal profession as he spoke on, "Attorneys and Auto Accidents: A Prototype of Professional Padding." The Dartmouth College and Harvard Law School alumnus asked that lawyers and law students, whom he considered professionals, to try to view automobile accidents from the vantage of the non-professional. He decried the tendency of the professionals, both doctors and lawyers, to become so engrossed in their professions that they forget about the common man. Professionalism was a recurring theme throughout Mr. O'Connell's presentation. He noted more than once that lawyers are professionals and we should use our brains. "Lawyers can provide leadership in our society if they want to." Yet he felt that the legal profession is perpetrating a fraud upon the American people. This fraud is not only in the myth that every time you breathe you need advice of counsel, but in the fee structure. O'Connell likened a lawyer to a taxi meter. As soon as you walk into the office, the meter starts running. He questioned whether the consumer is getting full value. He said lawyers can raise their prices because no one knows what they're doing and lawyers have the advantage that if they put out a faulty product nobody can tell. He accused the majority of practicing attorneys of being lazy, self-righteous, neglectful wasters of time and money, and explained that in the inner sanctum of the legal profession the — offering of a lower fee is considered ungentlemanly and dangerous. The practitioner who lowers his fee is accused of being in business for the money. Mr. O'Connell, a former member of the National Highway Traffic Safety Advisory Board, spoke very little of how to implement a **No-Fault" insurance plan. He stressed that accidents are a statistically predictable event: we know how many accidents will occur and how much they will cost. This does not mean, however, that the loss will be fairly apportioned. Figures were cited comparing recovery. The speaker stated that while 2/3 of the civil jury docket is clogged with auto accident cases, only 45% of those seriously injured get paid. In the case of a claim for over $5000, the claimant is likely to get only half back, while if the claim is $ 100, the claimant is likely to recover seven times that amount. Another point of constant reference was a comparison of automobile insurance with life insurance, fire insurance and health insurance. He asked how often a lawyer is needed to collect claims in the latter types of insurance. One point mentioned is that in the other types of insurance, the insured event is easily definable, but in auto cases,, the lawyers define the event. Mr. O'Connell feels this is the wrong way to do it. O'Connel! stressed that attorneys should look at the situation from the point of view of the hapless premium payer and the victim who doesn't know when, how much, or even if he will be compensated for his losses. The crucial question, as Mr. O'Connel sees it, is, "If in fact I am covered for my losses and you are covered for your losses, why are we suing each other?" The whole problem must be seen in a broader context than insurance law, but in summation, Professor O'Connell feels there is no inherent difficulty in switching from the present system of "I insure you and you insure me" to a "No-Fault" system of "I insure me and you insure you". Tucker on Racism in Housing by Linda Cleveland - "The Right to Shelter Racism in Housing" was the subject of Robert Tucker, Mitchell Fund Lecturer, during speaker's hour, Wednesday, April 19. Mr. Tucker served as Assistant Regional Administrator for Equal a job created Opportunity for HUD by Title VIII of the Civil Rights Act of 1968 and requiring the direction of fair-housing programs in a ten-state midwestern area. Speaking of secretaries of Housing and Urban Development and regional administrators, Mr. Tucker .said, "They come and they go." But the middle-echelon civil service administrators, the ones who run HUD both in Washington and regionally, were characterized by Tucker as driven by overwhelming ambition to make the next higher GS level, with an incidental interest in making available decent housing for the poor and black, and that, only so long as it did not involve integration. These administrators' attitudes are firmly rooted in concepts of chattel slavery. Tucker also noted that the Dred Scott decision has never yet been overruled by the Supreme Court. - As a possible candidate for appointment to our faculty, Mr. Tucker presents a wide experience as a private allo rney for some 17 years, HUD administrator, counsel to Metro Inter-Insurance Exchange, and service to numerous community organizations including The Chicago Urban League, NAACP, Illinois ACLU and Chicago Legal Services. He is presently acting as General Counsel to People United to Save Humanity (Operation PUSH) under the leadership of Rev. Jesse L. Jackson. �May 4, THE OPINION 2 Editorial Up Against Tenure Grant Urged The Editorial Board of the Opinion wishes to urge the faculty to grant tenure to Professor Thomas Rickert. Although Professor Rickert has only been at this school for two years, he has proven himself to be a dedicated and highly skilled professor. In his courses on Commercial Paper and Contracts, Professor Rickert has called upon his years of experience in private practice to offer students a highly professional and meaningful perspective with a stress on the practical side which is all too rare in this school. The depth of his understanding in these areas is unquestioned; no student takes a course from him without learning a great deal. Further, and equally important, is the energy and commitment with which he has undertaken his position in the law school. In his classes he used his own comprehensive course evaluation before SCATE. He met student interests by offering drafting along - with other specialized and imaginative assignments to supplement the day-to-day routine. Also, he was equally adept outside the classroom. He immediately offered his resources to attack the ineffectual placement program, and under his guidance and leadership, the Placement Committee has for the first time in the history of this school become a viable and useful service to the students. In two years time, we do not think any more could be asked of a faculty member. Professor Rickert is a flexible and imaginative teacher and a committed and resourceful professional undoubtedly an asset to this school. He has earned and therefore justly deserves tenure. - ™ OPINION May 4, 1972 Volume 12, No. 12 Editor-in-Chief-Rosalie Stoll Managing Editor—Robert Friedman Business Manager-Chris Greene Photography Editor-Chris Belling Article Editor-Mike Montgomery Staff: Otto Matsch, Joe Heath, James Brennan, John Samuelson, George Riedel, Kay Latona, Linda Cleveland, Jeffrey Levin, Richard Clark, Jack Gutkin, Samuel Fried, Gary Masline, David Klein except tor vacations Tfce Opinion i> published every other week newspaper of Uie State durinj the academic year. It i> the student of Law, 77 West Eagle School Buffalo University of New York it th.S paper Buffalo, New York, 14202. The views staff of TV* not necessity those of the Editorial Board or Third class organisation. Opinion The Opinion is a non-profit postage entered at Buffalo, New York. StS Se by Joe Heath If we look at the realities of the Martin Sostre case, we can learn a great deal about the operation of "justice" in Amerika. In June of 1968, Martin Sostre was convicted on drug charges on the testimony of Arto Williams and sentenced to 31 to 41 years. Williams has since admitted that he was released from prison and driven by Buffalo Narcotics Squad to Sostre s Afro-Asian Bookstore. Williams has signed an affidavit in California in which he has sworn that the following events took place in connection with Sostre's frame up: Williams was arrested in June of 1967 for the theft of an air-conditioner, a felony, and was held in Erie County Jail. After he had been in jail for about two weeks, he wrote a letter to Sgt. Alvin Gristmacher of the Buffalo Narcotics Squad requesting an interview. When Gristmacher came to see him, Williams told him that he was willing to assist Gristmacher in any way if Gristmacher would help him in his case. About a week later Gristmacher returned to visit Williams again; this time, Michael Amico, Chief of the Narcotic Squad, was with him. On the next day, July 14, 1967, Williams was taken to court and released in his own recognizance in a judge's chambers. Williams was then taken to police headquarters to the Narcotics Division where he was met by Gristmacher and given money. Williams then went to buy some drugs and met the police later and they proceeded to Martin's Afro-Asian Bookstore at Jefferson and Woodlawn where Williams was given $13.00. Williams states that he went in to Martin's store where he had been a daily visitor. He gave Martin the $15.00 to hold for him until morning. He says this had been done before. He did not ask Martin for drugs and Martin did not give him any. Martin was arrested and tried and convicted and sentenced to 31 to 41 years. Williams states that he memorized a story given him by the police and repeated it as his testimony that convicted Martin. He states that he did this to keep from going to jail for his second felony. For his part in the trial he was given probation. Mike Amico has since been rewarded for such , RiGHT ON! 1. THE LEECHES SCREAM must buy (hem a walkie-talkie, or not be able to fascistic iregister next year? By what right does the Lawyers Guild tell me I must contribute to an expedition to Philadelphia for two of their crazies, or not be allowed to graduate? Rights? Hell, rights is just a word to these suck groups to use to extort money ime I , When the slate Senate passed a bill to prohibit the trustees of the State University from authorizing the assessment of mandatory student fees at all SUNY campuses they struck a blow for freedom. The special interest groups that benefit from the fees are going wild, for without the mandatory nature of the fees they would be left destitute. These special interest groups are parasites, unable to survive on their own, and hence they must depend on the state to coerce unwilling students to pay activity fees into the leeches' coffers. Threatened by extinction, the leeches are screaming and hooting the same old lies in an hysterical attempt to defeat the bill when it comes up in the state Assembly.. from the students. The extortion is condoned and enforced by the Albany establishment in collaboration with the leeches. The actions against the students by this unholy alliance amounts to involuntary servitude. The most fantastic thing about the pro-coercive fee folks is the way they fluctuate regarding the nature of the students they are oppressing. First they claim that all the students (except for a small minority) are idealistic, relevant, charming, altruistic Wunderkinder who are all for the fees, and actually want to of a contribute even more to all the idealistic, charming The first of these is that students as part "tax" to community" right have the altruistic and wonderful activities that are relevant, "college themselves. But a tax is levied by a government, and a being financed through the fee system. Then they without mandatory, which government has the power to rule its subjects. The whirl around and claim that mobs that pose as student governments have no power means coercive, fee system the low-browed, uncultured, will not to do anything except waste student monies, and that greedy, self-centered, evil bourgeois pigs marvels the heroic power is granted them by the administration, not by willingly support the cultural the student subjects. The so-called tax is only a fee, student government would shower on them if only and it is collected by the administration, not by the -given the funds, and since the students are such a lowly, doltish bunch the great-white-father-figure-SBA student governments. So group of students, even a majority, no matter will therefore take the money from their greasy, they like it or not. And they whom they elect to serve as their official greedy clutches whether it, damn them, and that's an order! mouth-pieces, has the- "right" to force other students will like The vultures fear voluntary fees because they know of to pay for activities of any nature. It is this lack that their worthless programs would be cut off. If any moral right in the blood-suckers' stance that those activities were actually worthwhile the students makes them scream even more shrilly about the great would contribute voluntarily. As it is the SBA is moral merit of their programs while they evade the saddled with thousands of dollars every year to issue of their lack of right to coerce other students distribute and a lack of worthy recipients. Since they "right" into paying all sorts of exotic fees. By what in order to justify or have to get rid of the money does the Opinion tell me I must pay to support it, the student waste By what collecting it they proceed to by it. And end? the semester's grades my at the special interest not receive body, as usual, gets shafted does the Concerned (Relevant) Students tell "right" 1972 The Bench fine "law enforcement". He has become Sheriff of Erie County. Alvin Gristmacher has not been so fortunate. He was recently fired from the police department. He was fired because he lost (read 'sold') 4.8 ounces of heroin. This smack is worth a little over $100,000, so Gristmacher won't have to work for a year or two. So we have an innocent man in jail for 40 $15 worth of heroin. years for allegedly selling One of the people who framed him has stolen and has only been worth of heroin $100,000 fired for it. "Can anyone still claim that our legal system is just? The other person who framed Martin has risen to a very powerful position where he can break more laws and oppress more people. This is madness. We must make sure that this and other acts of "justice" are undone and that the police start obeying the laws and stop shooting and beating and framing people for political reasons. Martin had been helping to educate his brothers and sisters in the community. He was framed and sent to jail because he sold books. When a state sends a man to jail for 40 years because he sells books that they don't approve of, that state is not a free and democratic one, it is a totalitarian and fascist state. Martin Sostre is a political prisoner. The "correctional facilities" where he is held are really concentration camps for those the state cannot oppress by other subtler means. Attica is a concentration camp; there the state shot men because they stood up and spoke and banded together and refused to be treated like animals. The state's control of its political prisoners is so absolute that it can shoot them, hold them in solitary confinement for 8 months, beat them and then move them whenever and wherever it chooses. When these matters are brought up in our "halls of justice" nothing is done about them. The courts even refuse to hold hearings to investigate our concentration camps. One thing we could do as legal people is struggle to c.nd this madness. Martin Sostre must be freed and Gristmacher and Amico should be in jail for their crimes against the people. by OTTO MATSCH - the student groups and their partners in crime government and the administration. The only honest way for the SBA to dispense of its funds is to refund them to the students directly. Any group, including SBA committees such as the Entertainment Committee (which incidentally needs a lesson in how to select potable wine), organizations such as the Opinion, gangs such as the Irrelevant Students or the fascistic Lawyers Guild should go directly to the students for financial support. It would be inconvenient for the students, who should, after all, take precedence over the organizations. But apparently the student suck groups are more interested in stealing student money than in benefit ting, or even conveniencing mere students. Going to a voluntary fee system would expose these groups as the theiving hogs they are, with no support outside of their own cliques. 2. NOT SUBJECT TO APPEAL Excerpted from Pravda, 18 February 1972: "Theft of 366,000 rubles of the people's money through bribes and swindling was proved. Of this sum, Nurmukhamedov stole more than 130,000 rubles 'The sentence was pronounced. Final and not subject to appeal. Ismail Nurmukhamedov, head "of the gang of bribe-takers and speculators, was sentenced to the supreme penalty, death by shooting. Other participants in the crime were sentenced to long terms in strict-regime colonies (concentration camps, 0.M.), " with confiscation of the property they had stolen Compare to criminal code of Russia, Article 103: by "intentional homicide. .shall be punished deprivation of freedom for a term of three to ten years." Now there's a real progressive criminal system for . you! �May 4, 1972 THE OPINION 3 BALSA Convention Report by Richard Clark BALSA Myth Revealed - National Convention March 24-25, 1972 The Black American Law Students Association was founded in 1968 with less than 200 black students attending only a few law schools in the U.S. Today, the total populance of black law students attending over 100 law schools throughout the U.S. is presently over 4000. With this increasing number of black law students attending law schools around the U.S, the membership of BALSA is geographically structured into six regions, where in each region any law school with more than 10 black students can establish a local chapter. Each year BALSA holds its national convention at a law school in one of its 6 regions. Last yearsconvention was held in Washington, D.C. at Catholic University. This years convention was held in Chicago, Illinois at the University of Chicago's Center for the Continuing Education and the Law School on March 24 and 25. Fifteen U.B. law students attended the conference- The theme of this years national convention was "The Black Lawyer as a Political Tool for Social Change: A Community Perspective." Delegates to this national convention came from many law schools in the U.S. The two day schedule of events consisted of several committee meetings, regional caucuses, workshops, and conference is held, it will bring together many representatives from all the BALSA chapters within the northeast region. With the theme of convention in mind a variety of workshops were held during the two day conference. Some of the topics discussed in a few of these workshops were Prisoners, Prisons and Prison Reform, The Black Lawyer as a Political Force and Organizer, Police and the Black community, and Black Lawyers: North or South Cop-Out or commitment:, The Black Attorney and the Worker's Struggle, and the Black Law Student's role in the community: Reality or Illusion? Behind this variety of workshops several noted Black legal practioners participated in many of these workshops, such as the Honorable Judge George Crockett, Recorders Court Detroit, Michigan, Senator Richard Newhouse, State Senator, Illinois, and Haywood Burns, National Director, National Bar Association. Culminating the entire convention were the elections of the new National Board. The composition 'of the national board is six at-large positions, and the six regional directors. The convention was fruitful and all BALSA chapters across the country are looking forward to next years - finally election of a new National Board. The first days program was opened with the keynote address given at the opening Plenary session by Kenneth Cockrel, Esq. a Detroit Lawyer working with the Black Workers Congress. After this address the delegates went to their respective regional caucuses in order to elect a new regional director, and also any candidates for the national Board. Within BALSA's regional structure, UB is situated in the northeast region. The new regional director is a young lady at N.Y.U. law school, while her assistant is Charles Husband, a 2nd year UB law student. Tentative plans are being, made to possibly have the northeast regional conventioh at UB in early June. It is hoped that if this convention. by Jack Gutkin AN EX-UNDERCOVER AGENT UNCOVERS THE F.8.1. More than likely, if each of us would reach back into the pictures of our past that can only be found deep in our minds, we would be able to focus on images of the shelves of books that lined our grammer school walls. Typically these shelves towered at three feet high and among stories of brave cowboys and virtuous nurses we can all remember that popular edition THE F.8.1. STORY by J. Edgar Hoover. This book stirred images in many young minds of valiant men who spent their lives fighting "the never-ending battle for freedom, justice, liberty and in the American way." These were supermen more than most of us could ever dream of becoming. Of course, we've all grown out of grammar school, and now the shelves in our library tower three feet above most of our heads, and yet few books here could equal that rush of a little boy reading about the F.8.1. And even harder to take, that rush of glamour and intrigue is long gone and demolished. If any hope still existed of ressurrection it was put forever to rest on Friday April 21, 1972, when under that dome of long forgotten yawns and innuendos (Eagle 110), enlightenment was distributed in the form of the showing of a film about a former F.8.1, agent (and ex-U.B. law student) by the name of Robert Wall and a personal appearance to boot. The film by Saul Landau and Paul Jacobs was presented by the Concerned Law Students. It was well made, though more peaceful and thoughtful than one would expect a film related to the F.8.1, to be. In the film, and afterwards in person, Bob Wall presented the reasons behind what could best be described as the metamorphosis of a child of Amerika. Described by his wife as always being a very moral being, that is just what Bob strikes one as being. With much deliberation he described his awakening to the true nature of F.8.1, activities and intent. The effect was enough to make a comic book character blush. Particularly amusing (or saddening however you're disposed) were Bob's stories of impasses in communication between the C.I.A. and the F.8.1. which brought to mind the endless war to "save face" in Vietnam. Robert Wall's presentation was a matter close to home for law students. The Federal Bureau of Investigation is supposedly a natural outgrowth of our entire system. One sadly gets the impression that justice is hindered (that is, perhaps, too mild a word) .rather than helped by its presence and activities. Answering a student query, Wall said that the F.8.1. was a very tight-knit bureaucracy and that he thought from one man's experience that change from within was a very remote possibility. True to that perception, Wall is otherwise engaged these days. He is involved in the co-ordination of the defense of the Buffalo Five, so if you'd like to get irt touch with him, try visiting the trial. But be wary of strange-looking men in trench "You don't need a coats. As Bobby Zimmerman once wrote weatherman to know which way the wind blows. Peace, but don't quote me." - - - - - . . .. . - ..is low! STUDENTS invest in life insurance while your premium rate now Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 f m, 59. Describing the Dallas Cowboys _ _ __ _ _ 14. Mens' names t5. Branches Scott case M *9. French silk 51. Arab town head 56. Opponent of 20 Across 50. out with (forces a fight) (heavy) 51. Weigh 52. Evening before a holiday (Heb.) 53. Peace goddess ANSWERS TO N0.9 M*l ■■ I*l*l! IP n 'EHatlfe inftMfl MB'Hfl [,' I •!• I, ■'■■'.■ , |v | fISEIeWJyrpPW 64. 65. 6667. 68. I'"'' What to do with an ear Toot NCO (coU) Compass directions Russian political units miuiu I. USMA cadet 2 Halos 3[ Dyes 4. Consumed over down (keep ■> cool) 6 Margarine 7 ogle X Kefauver R°D nson l "'actoi>IIWC '• c Jewish ' liJMil?Wllillll1iill TPHMm': ItJjjlTl 11. "' Tit or tat frl" Ml ITllimH*lqfH l£Flff lflltUilfL°Kt|tEl "' ' ' " 12. 10%ers (abbr.) 13. Legal thing '' :l1 " 22. Minnesota star Rod i ' -- B" 26. Eros 27. Handles clumsily 29. Millay 30. Virginia 31. Is incorrect 32 chemical suffixes 33. I Spy star 34. Mime 35 Making another to do 37 Woodwind (abbr.) 40. Wash bowl 41. Asian river 46. Certain hair style 4K Corrects 50 Two in a democracy (Fr. 52. Scientific cycle 5, Weight allowances 54. Arab noble 56. Zhivago girl 57. European river 58. French state ''''Solo 60. Possessive pronoun Bus: 852-3446 Res: 832-7886 New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans hew \YpJK NEW YORK BAR-JULY EXAM liV JJbar review under Uμ course New York Education Law of Veterans. and approved for the training The unique method of approach utilized in me Courae was developed fey Joseph L. Marino and hit staff of experienced lecturers and active practicing attorneys, in order to provide Bar Examination with the candidates for the New York State(I), a familiarity with the essentials of proper preparation: nature of the examination, (2) a ready recall of the New York Law, (3) a reliable method of analysing complicated fact situations, and (4) a facility for writing mil-reasoned answers, (5) a review of yesno Bar type questions. (6) recent development in the law. MARINO BAR REVIEW COURSE INC. Garden City, N.Y. 11630 -founded in 1946-•over the last 5 yean, better than 80% of our atudenta have paiaed the Bar Exam 109 Tull.more Rd �THE 4 Summer of 72 by Earl Carrel So you've lived in Buffalo for a year and now you have to spend the summer here too. Well, take heart, The Opinion has decided to give you some suggestions about summer m Buffalo BEACHES AND PARKS: Letchworth State Park Crystal Beach (Canada) Bay Beach (Canada) Akron Falls Park Sherkston (Canada) Chestnut Ridge Park Evangola State Park Fort Niagara State Park Beaver Island State Park Windmill Point (Canada) Fantasy Island (amusement park for children) Many of these parks have facilities for cooking, some of the state parks have facilities for camping. THINGS TO SEE: Allentown Art Festival Lewiston Art Festival Wineries (Lewiston, Westfield, and Hammondsport) Fort Niagara Niagara-on-the-Lake (Canada), Shaw Festival Stratford (Canada) Shakespeare Festival Niagara Falls at Night Panama (N.Y.) Rocks Melody Fair (tent theater in the round) THINGS TO HEAR: Buffalo Philharmonic Pops Concerts U/B Creative Associates "Evenings for New Music" Clarence Town Park (free concerts). THINGS TO TASTE: These are inexpensive places, where you can look like a slob and probably would be afraid to go into if you were just passing by. Bailo's (roast beef) Bailey and Lovejoy Anchor Bar (chicken wings) Main and North Santrasiero's (spaghetti) Niagara and Lafayette Sam's (clams) Niagara and Breckenridge Anthony's (clams and Italian food) Niagara St. Happy Jacks (Oriental) Fort Erie These places are a little better looking and you have to at least wear clothes, but still inexpensive and good food. Roseland (Italian food) Rhode Island and Chenango Boxie's (steak house) Broadway in Lancaster Candy's (seafood) Niagara Falls Blvd Big Apple(fish smorgasboard) Union Rd. King Wah (Chinese) HWY 3, Ft. Erie OTHER GOODIES Sometimes the best places to go for an evening are church Lawn Fetes and Firemen's Street Dances. Fun and games and prizes along with greasy chicken and all the beer you can drink. Toronto is less than two hours away and has a number of theaters and very good restaurants. For the horse fan there is Ft. Erie, Woodbine, and Finger Lakes. Harness tracks are Hamburg, Batavia, and Garden City. If none of this appeals to you, American, United, Eastern, and Allegheny Air Lines all serve Buffalo. Have a Happy! IIwill - May OPINION 4. 1972 The Buffalo Five: Morality v Crime by Jeff Levin There are certainly many in our Law School who could sympathize and identify with the difficulties of attempting to prosecute a case on the abstract basis of legal definitions, when the real issues are morality and justification. However, the trial of the Buffalo is a reversal of the usual trend. The legal system is no longer pleading background morality in an attempt to persecute so-called sex-offenders, but has been forced to swallow some of its own "God is on our side" rhetoric and rationale. U.S. Attorney James Grable has attempted to divorce the legal doctrine of breaking and entering and attempting to destroy Military Intelligence documents from the truth of the greatest immorality of our country's hisotry, the Vietnam War. It is the duty of those who would practice law and help to enforce and shape it to see that law does not become an entity unto itself, divorced from the circumstances that gave it meaning. Law for Law's sake is a cop-out, and an insult to the big, gold JUSTICE emblazoned in our courtrooms. The Buffalo, Ann Masters, James Martin, Charles Darst, Maureen Considine, and Jeremiah Horrigan, are 5 people with a deep sense of conscience about their roles as American citizens. They are deeply religious, and committed to the concept of the sanctity of life. Their past lives have been involved with helping people on basic levels in various ways, in poverty programs and in teaching in the schools and communities of our ghettos and depressed areas. Eventually they were faced with the problem of explaining and attempting to understand the insanity of the American Priority. There has been a new and beautiful dichotomy in the federal court of Judge John T. Curtin these past two weeks. The case for the government has been based on the slow, methodical establishment of facts, tailored to fulfill all facets of the legal definition. Breaking and entering and remaining after hours yes, they were arrested were they in the building? there after hours. x+y=conviction. A boring parade of FBI agents constructed the elaborate framework necessary to prove, for the record, these already admitted facts. In contrast to the machine like testimony of these agents, was the cross-examination by The Buffalo, who engaged in a vain attempt to extract a grain of opinion and individuality, and more, PROSECUTION WORKSHOP June 5 July 28, a three credit summer Prosecution Workshop be heldl. It will entail 12 hours weekly of field work in local prosecutors' offices as well as a seminar and research project. To Register, contact Prof. Manak. — — an indication of humanity from those who "are only doing their job". Sounds familiar. Yes, these agents were aware that people are dying in Southeast Asia, they are aware that people are starving in this country, that people are eating garbage and breathing it, trying to learn in crowded school buildings, and yet they don't have the stomach to express an opinion on this country's priorities, under oath, in a court of law. The government was interested in facts, not reasons. The Buffalo has only one message, unmistakable to anyone: they are not concerned with their own safety, but with the consciousness of our people. It is this lack of courage that every citizen must throw off. It is not an option for a citizen to act, it is an affirmative duty. The issue in the trial is criminality, and not illegality. The Constitution of this country is based on the duty and right of its citizens to assert their displeasure with the policies of our government, and to do so free from harassment by that government in the name of the freedom they are subverting. There is a war going on in Southeast Asia an illegal war where people are being killed by weapons designed only to kill people, with no military purpose. A war where an entire country is now one third a barren, ruined land. A war where 1,500,000 people have died. A war that is being fought in all of our names. A war in violation of the statutes of international law. Are we to be prosecuted by the community of the World? The trial of the Buffalo is also being prosecuted in our names. United States v. Consodine et al. They freely admit to doing an act that is illegal according to the statutes. But it is not illegal to trespass to save life, or to assault to stop a crime. Thse are accepted acts of civic conscience. It is time for all of us to accept the very act of civic conscience which we ostensibly base our national system on the duty to act to save life and to preserve liberty. How can anyone desire to be a lawyer or attempt to practice law in a court of so-called justice, when we are blind to the morality it must be based on, and when we are so inured to the results of what we do that we can only act as the machine dictates. These are the questions that The Buffalo has attempted to bring to through the press, through the jury, all our minds and through Judge Curtin. Criminality is an issue that the people must decide, if it be prosecuted in their name. - — — Graduation Ceremonies Held in Pain Place Mall: by Lucius Q. Paddlefast The Amtowaga Law School held its annual commencement exercises last Sunday in the Pain Place Mall. The downtown shopping center was chosen because of its proximity to the present Law School Building, and because the new home of the Law School in suburban Amtowaga has not yet been opened for use. The principal speaker of the day was Hon. ADRIAN P. BERKOWITZ, of the State High Bench. Justice Berkowitz was invited to speak at the insistence of the graduating class itself, because of the special interest the Justice has shown in the problems' of seniors at Amtowaga Law School. The title of Justice Berkowitz's address was "Evolving Standards in Legal Education Today." He stessed the need for a more sophisticated approach to the obtaining of the J.D. Degree. 'Today's law student," he told the audience, "must be prepared to cope with the double standard of education which currently prevails as between academic and juridical authorities. These two Dignitaries standards frequently clash, with the result that the programs and expectations of individual students are disoriented." Justice Berkowitz's speech ended with a recommendation that accredited law schools in the State take up the challenge by preparing their students not only for school exams and bar exams, but also by teaching them how to interpret joint juridico-academic regulations pertaining to graduation requirements. It came as a pleasant surprise to the graduates and their guests that the faculty of the Amtowaga Law School had already anticipated Justice Berkowitz's recommendation. Speaking for the faculty as a whole, Prof. Larry Bel Dotto announced that beginning next semester, the course in Attenuated Subtleties would cover problems caused by the double standard referred to by Justice Berkowitz. "This summer several members of the faculty have volunteered to go to the State Capitol as a Task Force to study recent rulings by the High Bench regarding graduation requirements. When we have throughly analyzed Present and mastered the thinking of the High Bench in this regard, we are going to attempt to reconcile them with the old standards, and then codify everything so that it can be taught as an integral part of the Attenuated Subtleties course. Needless to say, it will be a required course, and a Q mark or better will be demanded of every student." The last speaker at the gala ceremony was a member of the local bar, Mr. Hiram Helpum, of the law firm of Helpum and Wampum. The main thrust of Mr. Helpum's address was "Employment Opportunities for This Year's Law Graduates." He revealed that the head of another law firm had told him in the men's room of their downtown office bui lding that his firm was looking for a good man to empty waste baskets. For those interested in a more inspirational job, he mentioned that the Bar Association needed a number of junior lobbyists to work in the State Capitol against the pending "no-fault" bill. All three speakers received sta nd ing ovations from the new JJD/s. � 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, 1972-05-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/4/1972 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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Wtw York 14202 THE Volume 13, Number 1 OPINION SttM UwwrMty of Ww, Yorfc »t Buffalo School of Lm "September IS, 1972 Freshman Isolation Grows by Rosalie Stoll "I've been here almost two weeks and I still haven't met an upperclassman," one freshman stated, "All my classes are in P-l." Until the completion of the new law school building, the school has had to use the classroom facilities in the Prudential Building to supplement the two West Eagle classrooms. Eleven of the twelve freshman courses are meeting in Prudential. Section 3 has all its classes in P-1. Three ofSection l*s classes are held in P-2, a room notorious for its poor ventilation andacoustics. Freshmen have no Bulletin Board in Prudential. There is no study area, no library facilities, no restrooms nearby and no lockers. There are, however, coatracks. The key word facing the freshmen is isolation. With no study area or lounge According to David Sands, facilities available to the students, they have Editor-in-Chief for 1972-73, the the choice of walking the two blocks to Eagle increased emphasis on the writing St. for a cup of coffee (a possibility that will competition as a means of seem much less attractive come the first candidate selection reflects an snowfall) or of going to the UN Restaurant. awareness that the traditional Through the desperation of the freshmen, reliance upon academic they are forced to miss valuable social performance is not always an adequate indicator of personal interaction with upperclassmen. There are no areas empty and available ability or writing skill. "Certainly the Review encourages academic for theinstallation of lockers. Freshmen have scholarship," said Mr. Sands. been assigned lockers at Eagle St. While this "However, particularly where an is only a problem for those with heavy individual is financially obliged to books, it will increasingly grow in annoyance seek employment during the potential as the Buffalo winter takes its toll. school year or has pressing family The faculty lounge and library are not commitments, academic available to students, freshmen have been performance cannot be a told. complete measure of individual Despite the spatial displacement of the capabilities. Of course it must be recognized that as a forum for freshmen, the bulletin board delivering them legal writing, theReview demands emergency messages, course assignments and a membership possessing writing cancellations and informing them of school talent. The writing competition activities is still located on Eagle Street. Freshmen have met with Assistant Dean assists us in fulfilling this need." The new Review candidates are already busily pursuing their new responsibilities. For the- next six months they will be engaged in legal writing as well as publication duties. In March a new Board of Editors and senior membership will be chosen. As the scholarly publication representative of our law school, the Buffalo Law Review is most anx ious to receive suggestions from the student body. The Board of Editors particularly wants to extend an invitation to freshmen to visit them in room 21*». Balling Law ReviewSelects New Candidates The Board of Editors of the Buffalo Law Review has announced the names of twenty-five students who have been selected as candidates for membership for 1972. Those named were: Christopher B. Ashton; William R. Brennen, Jr.; Marylou Clark; James W. Clute; Donald L. (Skip) Conover; William B. Day; Mark R. Finkelstein; William J. Flynn III; Susan Ginsberg; Myra Goldstein; Dennis M. Hyatt; Michele Heffernan; Anthony Ilardi, Jr.; Morris L. Horwitz; Philip J. Levine; Linda Mead; Vincent L. Morgan; George Neidich; Russell W. Petit; George B. Quinlan, Jr.; Jonathan Rapoport; Sheldon Repp; Carl R. Reynolds; Tricia Semmelhack;and Barry.Taub. The basis of candidate selection this year was a writing competition held during the spring semester which was open to all freshmen students. Participants were asked to complete a modified "casenote"; an analysis of a recent court decision requiring a statement of facts, exposition of judicial reasoning and a subjective appraisal of the case's impact upon the law. The submitted papers were judged on the basis of writing ability displayed, depth of analysis and technical competence. Authors of those papers scored as being superior in overall quality were invited to Review candidacy. • Dunleavv Marjorie Mix and voiced their difficulties. Arrangements are underway by the Administration and SBA to set up a bulletin board on the 6thFloor Prudential which will carry duplicate messages. Seminarrooms will also be made available as study rooms when, no classes are assigned. Despite these stop-gap measures, the isolation of one third of our students remains a distasteful reality. Macaulay to Speak Next Thursday. the Distinguished Visitors Forum will present visiting Professor Stewart Macaulay speaking on legal systems in Chile-, "The Road to Socialism through Bourgeoise Legality." Professor Macaulay has spent the past year and a half in Chile and has devoted his time to the study of the legal and political situation there. Dunta«v �Dear Editor: To the Editor: After two weeks of classes, most students are quickly down to the arduous task at hand plowing through the massive volumes they are expected to have mastered by January. Some, however, are not. This is not through any intrinsic laziness on their own parts, but rather due to the fact that they have no books to look at. Several of these books are not available in the library in updated versions, so students and professors in these courses have had to make do with mimeographed notes placing an additional strain on the time of professors and their staffs. The fault lies not with the Bookstore, which has done an admirable job of dealing with students problems and ordering and reordering books. Nor should the blame be laid to the professors many of the books were ordered in the spring so early, in fact, that the orders were set aside and lost by the publishing firms. What can we do? Nothing, I've been told. The publishing firms have a monopoly on our books. A SBA-operated used bookstore seems to be a partial answer.. Studies were undertaken last year to determine whether a student-operated bookstore was feasible. This semester's experience only highlights the need for that bookstore. - - — I II Up Against The BencfJ by Joe Heath A Modest Proposal Nickel Coffee Booked Up? settling 1972 Letters To The Editor Editorial — Friday, September 15, THE OPINION 2 WILL RETURN NEXT ISSUE Last year the SBA successfully sponsored nickel coffee in the Eagle Street lounge. It was originally suspected that the coffeepot would never break even, but oddly enough, it did. So at the end of the spring semester the fund contained approximately $20, which was just enough to underwrite the nickel coffee operation, this year. I went to the SBA office this fall to resurrect the 100 cup coffeepot which was so carefully cleaned and stored over the summer months only to find it strangely absent. Rumors filtered through the grapevine that it had been borrowed by someone (a person unknown) for a party, but lo and behold, never returned. I would very much regret to acknowledge that it will be the fault of one individual that the entire coffee-drinking population of Eagle Street must suffer. Therefore I implore that he who borrowed it kindly return our heater of purest of Buffalo water. It is time law students banded together in an independent cooperative drive to fight churlish efforts to curtail negligence practice through such dubious impositions by government as 'no-fault,' 'arbitration,' 'do it yourself divorce kits* and the already instituted 'small claims court.' With increasing numbers of law students and a shortage of positions for even 'cause-oriented' young lawyers, this threat to our future status must be curbed. I would hope that some leaders for such a group rapidly emerge from this year's freshman class the class with the highest law board scores in this law school's history. — Sincerely, Publius Les Loci Marty Miller t™ ---- - OPINION Editor-in-Chief Rosalie Stall Business Manager Christopher Greene Photography Editor Christopher Belling Feature Editor Earl Carrel Sports Editor Douglas Roberts Poetry Editor RobertDoren SBMS&! - -- Managing Editor AssistantEditor Vacant SBA Editor Vacant ArticleEditor Production Manager Vacant Vacant -- Vacant - Staff Kay Latona, Larry D. Shapiro. Otto Matsch, Gary Masline, Mike Donleavy, Alan Snyder, Jon Kastoff, Christopher Greene, Joe Heath, Robert Rothstein, Larry Zimmerman, Peter Clark,Linda Cleveland, JohnLevi, David Sands, TriciaSemmelhack. The Opinion is published every third week, except for vacations, during theregular academic year. It is the student newspaper of the State University of New York at Buffalo SchoolofLaw, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. RiGHT ON! by HANG EM HIGH During the summer months the Supreme Court handed down Furman v Georgia, in which it held that the death penalty was unconstitutional as presently applied. The Court's opinion was a classical example of a grptesquely poor decision. It was bad law based on incorrect sociological assumptions, it was poorly reasoned from false premises, and it represented an effort by the Court to enact legislation without the hindrance of a legislature. In the 5-4 ruling the Court was split three ways: three justices held that capital punishment was cruel, unusual and therefore unconstitutional; two held that capital punishment was unconstitutional as applied in the three cases consolidated for the decision, and four (Nixon's four) held that capital punishment was not "unconstitutional. The opinion of the three justices holding that capital punishment was unconstitutional managed to ignore law. logic, precedent and the Constitution. Justice Marshall wrote that executions ran contrary to the will of the American people as a whole, totally ignoring that within the past 10 years Congress (elected by the people) had passed laws decreeing the death penalty for fouroffenses, all by overwhelming majorities, and that most states had retained capital punishment. The five managed to ignore their own prior rulings on capital punishment, one as recent as last summer, that capital punishment was constitutional. In short, capital punishment was barred by these five on policy grounds, mainly that (1) capital punishment is not nice, and that (2) it does not deter murderers and rapists, and that therefore it is unconstitutional. But these are not constitutional questions. They are the sort of problems to be settled by legislative bodies who,unlike the Court, are answerable to the electorate. The consequencesof the ruling are difficult to assess. As Chief Justice Burger pointed out, theruling does not, in his opinion, declarecapital punishment unconstitutional;it only declares it unconstitutional as applied. This leaves it up to the states to review their statutes anddecide whether they want to abolish capital punishment, or whether they want to retain it, in which case the methods of its imposition must be modified to conform to the Court's ruling. It's too arbitrary, wrote the five, which suppose means that if everyone who was convicted was executed it would be fine, and forget about tempering justice with I mercy or any of that crap. When the legislators get around to reconsidering capital punishment they may want to consider the experience of England in this regard. Between 1946 and 1956 the per capita rate of homicides (excluding vehicular homicides) remained virtually stable at 1.8 per million. Then came the 1957 Homicide Act, eliminating the death penalty except for murder with a gun. .By 1960 the homicide rate had jumped to 2.9 per million,by 1965 to 3.95 per million, and by 1970 to 5.8 per million. In 1965 the death penalty was completely abolished, but an analysis of the nature of the murders committed shows that the allegedly humanitarian interests of the parliamentarians served the criminals, not the public. Up until 1957 the murder laws had been strict, and the murderer would probably hang. After the 1957 Homicide Act the number of murders involving guns declined, but the number of murders committed by other means dramatically increased. After the 1965 abolition of capital punishment, the number of murders of all kinds increased, especially the number using guns. It is impossible to explain the shocking increase in homicides in England without making note of the corresponding decreases in use of the death panalty, and no explanation has been forthcoming from the bleeding-hearts, wrist-wringers, breast-beaters and self-styled humanitarians who are more interested in the "rights"of murderers than in the rights of their victims. Thsre is a movement afoot in England to restore the death penalty which will hopefully be successful. If it is, and if the murder rate subsequently decreases, another valuable datum will be added to the argument that holds that capital punishment may not be pleasant, but it is not nearly as "cruel and unusual" as murder. OTTO MAIS<H AN OFFER YOU CAN'T RESIST I, for one, am beginning to feelmighty sorry for the self-annointed saviors who swarm among us, telling us that Amerika is so nasty, brutish, racist, imperialist, war-mongering, mercenary, uncouth, unkultured, reactionary, gun-crazy, money grubbing, corrupt, sexist, and just, like, you know, not, like, you know with it, that they can't, you know, lake it, like, you know, anymore. Inevitably these same critics are always holding up such wonderful places as Red China or Red Russia as the models we should strive to emulate, both of these countries being places where peace and freedom reign undisturbed by militarism, where no one is oppressed, the government does not bug the phones of the various political parties, there is equality for all, the sick and the aged and the poor are taken care of by the benificent government, the corporate robber barons do not rule the economy, there is no pollution and everything is just, like, you know, with it. These are also the same people that tell us that in our dealings with Utopia I and Utopia II we are always wrong, unless we appease Peking and Moscow,and that they are always right. In fact, I feel so sorry for these unfortunate people who have so much more insight into reality than the rest of us that I have devised a scheme to relieve them of the heavy burden of bearing cross of this fascist society. No longer will the poorthe.things be forced to live out their lives in a fit of depression. Under my scheme, any of these superior beings whose delicate sensitivities are unable to withstand the cultural shock of Amerikan non-kulture can escape to either of the available Utopias. I am willing to fund their trips myself (my financial backers are the Texas oil billionaires who have engorged themselves on theblood of the proletarian classes) as a charitable service to the unhappy souls who havebeen trapped in nasty oP Amerika for lo these many years. There is only one condition never come back. For complete details pleaseconsult me personally. - �Friday, September 15, 1972 THE OPINION Presidnt Corner by John Hayden The SBA is a bad business. Bad is really quite a kind description. A more accurate word would certainly not be unprintable, and the Opinion Staff would not substitute astericks, but the right word will remain unprinted at least for the time being. A summer of becoming at least superficially aware of SBA shortcomings shows its businessaffairs to be chaotic. Examples abound. During the last monthit was discovered that the SBA and its subordinate committees have had at least four separate checking accounts. There may well be others, but there is no way to find out. Some of these accounts had been inactive for two years, and while the total sum is small, it is somewhat disturbing to find that an on-goingorganization can lose whole accounts. Then came word that SBA funds were frozen as of August 25th, and must remain so until a final budget is fully prepared. This means no bills will be paid, no organizations may contract for expenditures unless they have independent resources, and that the SBA Directors will have to move far more quickly than past action indicates is likely. Traditionally we have delayed discussion until November; we can no longer afford the luxury of time. This problem, like many others, stems from poor record keeping, and the lack of continuity in the Executive Committee. There are more examples of business ineptitude, including failure to file tax returns whichmay result in penalties up to $20,000, but there is neither time — "Prisons on Trial: A Sostre v McGinnis; David F. Symposium on the Changing Law Greenberg of the Committee for nor space to discussalt of them. Basic changes are needed to improve SBA of Corrections" highlighted the the Study of Incarceration' and efficiency. The budget problem can be solved by third issue of the 1971-72 Fay Stender of the Prison Law allocating anticipated income each Spring, before the Buffalo Review. The Review, Project, Oakland, Calif., on the end of the semester. Possible changes in priorities under the editorship of Bernard prison as a lawless agency; can be compensated for by freezing some budgets or Brodsky, included a series of Douglas J. Besharov and Gerhard placing a substantial sum in a contingency fund articles and comments on relevant O.W. Mueller of NYU School of Law comparing the Attica available to the Board of Directors. It is obvious that topics. demands with the United Nations we can't continue as in the past or we may waste a standard minimum rules for the substantial part of each year during which an activitiesprogram wouldbe stagnant. Contributors to the issue treatment of prisoners; Fred Some of the other, more pervasive problems included two attorneys active in Cohen, professor of law at suggest the need for a new system of governance. the Prisoners Rights Project of the Albany, on the discovery of Perhaps the Ist Vice-President should be elected for Legal Aid Society of N.Y.C., prison reform. a two year term and serve the second as President. William E. Hellersteinand Barbara Though this would place the Ist Vice-President A. Shapiro; also Richard G. The Review also included the under great academic pressure, it would also solve Singer, Associate Professor ofLaw the continuity problem. An alternative is a change in at the University of Cincinnati, on second part of "Dangerousness: A the election schedule which would have the privacy, autonomy and dignity in Theoretical Reconstruction ofthe Executive Committee and Directors elected in prisons; Andrew yon Hirsch, Criminal Law" by Assoc. Prof. Al Katz of Buffalo. Part 1 was February. Executive Director of the An earlier election schedule would allow new Co mm it tee for the Study of published in 19 Buffalo L. Rev 1 office holders to ask questions, to examine SBA Incarceration, on prediction of (1969). financial activities and to hold ex-officers responsible criminalconduct; WilliamBennett for their errors. It would also free senior officers at a Turnerand Alice Daniel from the This most recent issue of the time when courses, the Court of Appeals and Marino NAACP Legal Defense and Review promises to be one of the seem more important than most SBA meetings. EducaHonal Fund in San most informative and widely cited In any event, some changes are needed. Our Francisco on the effects of issues in the history of the Buffalo present system may not actually breed business Miranda on prisoners; Herman Law Review. Copies are available ignorance, but it certainly doesn't retard its growth Schwartz, Professor of Law at in the library for perusal by either. Buffalo, on the ramifications of students. LALUMNI INE by Earl Dr. Mix Assumes Deanship Carrel Any school is only as strong as its Alumni Association, so beginning with the next issue of the Opinion, a regular feature will be Alumni Line. Thiscolumn will be devoted to the activities of the Alumni of the Law School. There will be notes on appointments of persons to positions with government agencies and offices, formation of firms, deaths, and previews and notices of upcoming Alumni events. Contributions of items to this column are encouraged. Please send your items to: Alumni Line The Opinion 77 W. Eagle Street Buffalo, New York 14202 Our next column will feature an open letter to all law Alumni from the Association president, John H. Gridley, and a listing of the officers and directors for the 1972-1973 year, as well as regular news items. Mead & Conover Resign SBA Belling Belling The resignations of SBA Secretary Linda Meadand Second VicePresident Skip Coriover were announced Friday by SBA President JohnHayden. Both Ms. Mead and Mr. Conover have been accepted for candidacy by Law Review and felt they could no longer expend the time demanded by both organizations. In her role as secretary, Ms. Mead has implemented many badly needed innovations, . 3 Law Review: Prison Symposium including the prompt weekly posting of minutes. Mr. Conover, as representative to Sub Board, has proved a vocal and effective advocate for thelaw school. Petitions for candidates for these offices are available at Shirley's office. Bpth Ms. Mead and Mr. Conover will continue to serve until new officers are elected next week. Elections will be held to fill the'stx treshman director positions. by TriciaScnunelhack Dr. Marjorie Mix, the new Assistant Dean of the Law School, has undertaken a variety of tasks including a vigorous start in streamlining the school's placement effort. In a recent conversation, she discussed her philosophy of administration and outlined the areas of responsibility which have been assigned to her. Located on the 11th floor of the Prudential Building in Professor Lochner's former office. Dean Mix proposed to increase the availability ofstaff to assist students rather than replace avenues currently open through Provost Schwartz's and Associate Provost Greiner's office. She will provide' administrative advice and support to the Academic Policy and Program Committee regarding academic standards and standing and, in addition, she is coordinating the School's preparation for the periodic ten-year reaccreditation visit coming up in October. Her activities vis a vis individual students and the student body include advisement on the planning and completion of academic programs and on continuing academic eligibility. She will attend S.B.A. meetings, function as the administrative resource for graduation plans, administer financial aid programs, and maintain a liaison role with the main campus with a view to "maximizing resources available to law students." One area of special emphasis will be the better dissemination of information on the services covered by student fees [e.g., health and athletic facilities, etc.]. Of particular interest to students, especially seniors, is her involvement in the development of the law school placement program. Dean Mix will work closely with Mr. Thomas Hurley to develop a more extensive system for informing students of job opportunities. Among other things this mayinclude a p 1acement column in The Opinion. She is especially eager to have student suggestions on how to improve thisvital area. In discussing her reasons for accepting this administrative position, she described her long-standing academic and personal interest in the process of legal education, Dean Mix is an English Honors graduate of the University of Michigan, and had her first acquaintance with legal education as a student both here and in Washington, D.C. After successful completion of two years of law school study, she decided she had a stronger interest in the process of education than in the actual practice of law. She returned to SUNY/Buffalo to earn an M.A. in English and a Ph.D. in Higher Education. Her doctoral dissertation was concerned with improving Nowak/Courtesy Univ. info.Svcs. "Maximizing resources available to law students"is one ofthe services providedby A ssistant Dean Marjorie Mix. She will work to solve student problems in the area of financial aid and academics. one's understanding of the process by which a student, undergoing a graduate educational experience, is socialized into his/her role first as a student and then as a professional. This interest is the basis of a graduate seminar which she teachesat the main campus. Dr. Mix noted that her appointment to a full-time academic administrative position, as distinct from one which is tied to a part-time appointment to the Law Faculty, is consistent with a trend in universities to recruit professional administrative staffs to support academic programs. Dr.iMix lives in Buffalo withher husband,David F. Mix, an attorney in private practice in Buffalo who is also counsel to the NFTA. They have four children, ages 10 to 15. She summed up her approach to her job by saying that she seeks to "translate academic policy into workable decisions" and feels that she can, in the process, be sensitive to the needs of law students. �Friday, September 15, 1972 THE OPINION 4 New Profs Join Faculty problems, and applying the rules is only by Christopher Greene Belling After clerking with Judge Constance Baker Motley, David Steinbock now teaches Contracts. The Law School welcomes two new professors, Stewart Macaulay and Daniel J. Steinbock, to its faculty this fall. Both men come with impressive academic credentials and show evidence of the increasing excellenceof our faculty. Mr. Macaulay received his AB and LLB degrees from Stanford in 1952 and 1954, respectively. In law school he served as Note Editor of the Stanford Law Review. After graduation, Mr. Macaulay clerked for Chief Judge William Denman, U.S. Court of Appeals, 9th Circuit. From 1957 until the present, he was a member of the faculty of the University of Wisconsin School of Law. From 1966-7, he was a fellow at the Center for Advanced Study in Behavioral Sciences. In 1970 he spenl a year as director of the International Legal Center, Santiago, Chile. As a visiting professor this year, Mr. Macaulay will be teaching Contracts both semesters and co-teaching a course in Law and Social Change with Professor Galanter. In Contracts, Mr. Macaulay will stress going beyond the rules to look at how disputes are settled. "Rules are important,"he said "but no rule ever enforced itself." A good lawyer must be able to solve his client's Law School Placement Conference Belling Stewart Macaulay, a "theorist of Contracts," has studied the legal system of Chile. Daniel Steinbock comes here after a year of clerking for U.S. District Judge Constance Baker Motley. A magna cum laude graduate of YaleCollege in 1968 and a 1971 graduate of Yale Law School, he served as editor of the Yale Law Journal and as a member of the Barristers Union and theLegal Services Organization. Mr. Steinbock will be teaching Civil Procedure (a) in the Fall and Evidence and a seminar in the Spring. Like Mr. Macaulay, he is interested in the dispute settlement process, goingbeyond therules to ask how and why disputes are settled. In addition to civil procedure and evidence, Mr. Steinbockis interested in the criminal process and the civil rights and equal prolection field as potential areas of study. Eventually he hopes to get involved in litigation in the local area. Mr. Steinbock was drawn here by what he termed as a growing environment and an administration open to innovative change, one way of doing that, he stated. A good lawyer must know who his client is, what he really wants out of the dispute, and what the consequences of each action will be. Ultimately, Mr. Macaulay considers himself a 'theorist of contracts' whose main interest is the sociology of law. Fee Waiver CRITERIA FOR STUDENT ACTIVITY FEE WAIVER by Thomas Huriey Placement Officer The First \nnual Association for Law Placement Conference was held, as scheduled. June 27, 1972, through June 30, 1972. Much time was devoted to formal presentations; howeve r, there were worksr ops where interaction and exchange of ideas occurred. In general, the conference participants were very willing to spend time in outlining and discussing their particular placement operation. It was re-affirming to hear some of tiese individuals suggest things thai we have just done or anticipate doing, such as our active solicitation of jobs and the development of a brochure. associations and foundations, and others. Many problems and influences were also mentioned, such as the economy, limited Passed by SBA Sept. 15, 1972 I. positions, specialization, experience, etc. Student Activity Fees will be waived for one semester upon application to the Treasurer of the Student Bar Association for each applicant who meets any of the following criteria: (a) The pre-existing academic Another session dealt with indebtedness, measured as of the beginning of paralegals. It appears that paralegal assistants are being accepted and are proving to be an the fall semester exceeds the legal community and legal opportunities. Another tangent would be the benefit of a recent graduate being able to utilize the expertise of paralegal assistants. s "unmet need" as determined by the University Financial Aid Office exceeds $2,000. - (I) freshmen $3,000 (2)juniors- $4,500 asset to many firms. This, of course, can have a real impact,on Many of the participating institutions supplied conference pai licipants wi ■ -ample materials which should be beneficial in our placement operation. The The presentation by Joel A. American Bar Association also Rose of Daniel Cantor & Co. was provided some brochures and geared toward providing insights publications, some of which into the economics of law firms should be of interest to our and their use of personnel. This students. talk provided excellent background information for law In summary, I feel some placement. invaluable contacts and insights were gained from the First The panel on "Varied Careers National Association Annual for Law in Law" offered some extensive Placement Conference. It has information on qualification and confirmed many of ideas that my need for qualified candidates in public relations and a good court administration and the field reputation are of paramount of law librarianship. The importance to Faculty, us. placement services of the students and administrations must American Association of Law work to build our program if Schools were also outlined. placement activities are to General comments were made continue to grow at a rapid rate. regarding a variety of fields, such as pre-paid law services, public Meetings to discuss placement interest, wage-price freeze, will be held in the near future. (3) seniors — $6,000. a&Twm Student' 11. Student Activity Fees may be waived at the discretion of the SBA Treasurer when a student who makes application for a fee waiver presents substantial evidence of financial hardship. "'■ TreaSUrer denies the aPP»<*tion for Student AcHve T" w^ ""I SBA M'™^ ™? *ppea, «ha« decision to the ftFManc^Aids. t IV. 6 Definitions: (a) academic indebtedness: educational loans, either NYHEC or NDSL loans. , income need, as determined by the University "^anticipated Financ^i' Financial Aids Office In excess of the student's ability to borrow NDSL of Financial V' S^temenThwh" 1h" w be mntin^ pprtne- iw«SKt^aaasjffl VI- s^derwrply feTs. *""" "P°" 'he fling a *-™"^ ™* P^gC as �Friday, September 15, 1972 The Environmental Crisis THE OPINION 5 TEE GREAT BikE Rip-Off by Bob Doren ASK THE LEMMINGS Our lives meet like sand and sea Only to be sweptaway. But tides return; How long we cannot say. For now I stay afloat on the waters; Spectrum And I think of better times. The Osterich/Couy For the outcry of thousands Is the salt between my lips. But my struggles Are answered by the tides. For the Lemmings make fools of us all, Giving some mystical aura to existence As the truth becomes uncovered and uninfested From the adornments and rituals which our sages never knew. Noah's ark was but seven yearsago, Or so the Lemmings say. For it is again our turn To meet the tides. For once the sand is dirtied by the rising waters, Once my eyes must be shaded even to the clouds And even my adornments are burned by therain, My mystical aura becomes my reality. * It is for the ark that we are sweptaway; We will never see it. But it's made out of bodies And thus we follow those strange creatures. Very strange .. We are the teachers; Who is left? I hope they build the ark ... Dateline: September 1, 2010 Indianapolis, Indiana 1. by Larry D. Shapiro - - Another year new sights and old familiarities. The bookstore, good old Eagle St; and another year of that gnawing feeling: WILL MY BIKE BE THERE AFTER CLASS? This year, the number of students that will depend on bicycles as their primary means of transportation will be significantly larger than ever before. Biking to school is fun, healthy, CHEAP, and non-polluting. Already we see the ridiculous number of bikes chained to parking meters, sign posts, light poles, etc., up and down Eagle St. But the space problem is minimal compared with the cold hard fact that several bikes were ripped off last year and more will be ripped off the school, with someone always this year unless we do something on guard (this would require the City of Buffalo to change its to prevent the thefts. What can be done? We could ordinance against bike racks on sit apprehensively in class every sidewalks), or the racks could be day. We could cut all our classes put in the grassy area outside of so we wouldn't have to subject the lounge (this would require our bikes to the risk of being carrying your bike through the stolen. Or there could be an lobby every day), or a room for c ffective method to store the bikes could be obtained within bikes safely within the facilitiesof the building. In desperation, some the law school. It is obvious that bike owners have been talking chaining their bikes to their there is a space problem at the law about school, but the magnitude of the lockers. Something must be done, and situation demands an immediate quickly. Stronger locks and chains solution. are not the answer. You need at We could solve the bike least a 25-lb. chain to prevent a problem by the SBA's allocating thief equipped with easily funds to obtain several bike racks, obtainable tools. and having them, positioned Please, SBA, let's get right on it either on the sidewalk in front of before the first bike is stolen. - Frosh Enter Law School The fifteen members of an association called G.U.L.P., God Understands Lemmings and People, went to by Rosalie Ntnll the beach and voluntarily walked into the Atlantic Ocean today. All fifteen members are presumed drowned, although Hosted by Moot Court Chairman Peter their bodies have not yet been found. 2. On the financial scene, the Dow Jones Average Clark, Orientation '72 was held Sept. 8 for over 180 new freshmen. Traditionally a was up 4 points and the Utilities were up .04 .... two-day program, the focus of this year's orientation was a presentation of the functions of the law school, both curricular and extracurricular. In his address, Dean Schwartz stated that a diversity of backgrounds is encouraged as well as unified through common legal intellectual processes. He pointed to the new clinics that have been implemented and discussed the summer clinical studies and Siqivs of tlie Times proposals. JD*WvTaißj i 2i | JKc*.rfy ( lou +-7*ol >'^ t>lot iLiriy Dunleav The D-ean encouraged the dialogue they met with upperclassmen who rapped between students and faculty and informally about their own problems as administration. He concluded with his hopes freshmen. The discussion groups, coordinated that students have the courage to contest and by Larry Zimmerman, covered a wide range examine any statement made to them in law of problems, from where to find inexpensive parking to how to write a brief. Four school. Dr. Marjorie Mix discussed services specialized discussion groups were also held. available to law students on the main A rare opportunity to meet alumni and campus. Law School activities were discussed local attorneys was afforded later in the by representatives of the Association of afternoon at the Plaza Suite. Through an Women Law Students, Concerned Students open invitation, attorneys were invited to for Peace and Freedom the Law Student meet with the incoming freshmen. Many, Division of the ABA, the Attica Defense along with faculty, administration and League, Law Review, Moot Court, the upperclassmen, took advantage and discussed Opinion, Law Wives, Legal Observers, their own law school experiences over BALSA,, the International Law Club and cocktails. Coordinated by Buffy Burke and Prisoner Release. hosted by Phil Sanzone and Ms. Burke, the In the afternoon, box lunches were pfcty was an extension of the .warm greeting provided by Law Wives. Freshmen were then given the incoming freshman class by the divided into small discussion groups where legal community. �Friday, September 15, THE OPINION 6 Spmi\q CracJes: BLiNd JUSTiCE The following is a chart of the grades for the Spring semester. The rating system was compiled as follows: Each grade was assigned a value (HD = 4, H = 3, Q = 2, D = 1, F = 0, U = 0). Then the total number of points was divided by the number of persons who received a grade in that course. With this system, any course which had an average grade of Q would receive a 2.00 rating. As far as the value of the grades themselves, you can draw your own conclusion. no No. Course & Professor: Stds. HD%H%Q%D%F%U% I % Grade % Wdr. JUNIOR/SENIOR: 0 0 0 0 0 0 1 5.00 0 Legal Ec, Ethics Rickert 0 20 0 0 3 15.00 16 80.00 0 Agency & Partnership Zifljmerman 42 0 0 0 12 28.56 1 0 0 6 14.18 0 0 4 9.52 19 45.22 0 0 0 0 0 Insurance- Donegan 0 36 0 0 6 16.62 26 72.02 2 5.54 1 2.27 0 0 Family Law L. Schwartz 0 0 2 2.74 0 73 0 0 8 11.06 49 66.73 9 12.33 5 6.85 0 0 Social Leg. Davidson 14.28 0 2 14.28 10 71.40 00000000 2 0 14 0 0 1 0.59 0 12 7.08 2 Conflicts Franklin 169 20 11.20 66 38.94 68 40.12 0 0 0 0 15.78 0 3 Gov't. Lit. Manak 19 2 10.52 9 47.34 5 26.30 O0000000 Crim. Pro H. Schwartz 0 0 0 6 5.76 2 104 0 0 30 28.80 62 59.52 2 1.92 1 0.96 0 Crim. Pro Birzon 0 0 0 2.02 1 2 2.02 2 99 1 1.01 11 10.10 79 79.79 3 3.03 0 0 1 0 0 1.69 4 Tax A Del Cotto 59 1 1.69 14 23.66 29 49.01 9 15.21 1 1.69 0 Appel. Prac. Desmond 0 0 0 18 0 0 11 61.00 7 38.85 00000000 0 0 0 Sales-Girth 97 1 1.03 19 19.57 68 63.86 6 6.18 2 2.15 0 2.06 5 2 - — — — — - Lochner Corporations-Fleming Grat. Trans. - Mugel Labor Laws Estate Ping. Trade - Gifford Civil Prob. Evidence - Katz Con. Law B - Mann Con. Law A Fed. Tax B - Del Cotto SEMINARS: Corporations Kochery Mugel Reg. (Sum.) Kochery 52 0 66 0 0 104 95 0 44 0 0 0 0 24 0 0 0 0 0 0 0 100 0 37 0 0 0 89 54 54 Hyman Civil Rights-Mann 23 0 Errinent Doma.n Magavern School Law Clir.ic-Rosenberg Leyal Probs. Schools Newhouse Fed. Tax Policy Kelley Municipal Law Kaplan Dispute Seminar Galanter Human Rights-Euergenthai Union Democ. Atleson Prop. & Envir. Reis Education Law Holley Computers & Law Marx Urban Probs. Donegan Stat Revision/Crm. Law L. Schwartz Fed. Jur. Katz Juven. Cts. Teitelbaum Coll. Barg. Atelson Metro. Comm. Kaplan FRESHMEN: Torts B Davidson Torts B Buergenthal Torts B Kelley Contracts B Girth Contracts B Rickert Contracts B Gordon Civil Pro A Kochery Civil Pro A Homburger Civil Pro A-Hyman Ad. Law Gifford Cor. Law A-Newhouse Envir. Mgnt. Reis 19 1 1 - - - . — - — - - -- - - - - - 0 0 0 0 0 40 76.80 7 13.44 2 2.84 0 0 0 0 0 0 0 22 33.22 33 49.83 10 15.10 1 1.51 0 47 45.10 53 50.88 00000000 44 46.20 41 43.05 1 1.05 0 0 0 0 4 4.20 13 29.51 24 54.48 00000000 4 16.64 16 66.56 00000000 28 31.36 49 54.88 2 2.24 1 1.12 0 0 0 0 6 11.10 1 1.85 1 1.85 11 20.35 34 62.90 0 0 0 0 0 7 12.95 29 53.95 0 0 0 17 31.45 2 2.00 8 8.00 76 76.00 11 11.00 0 0 0 0 19 21.28 57 63.84 3 8.10 1 2.70 0 0 0 0 11 34.80 63.12 30.00 50.00 54.54 37.50 59.02 41.36 28.56 58.80 45.00 41.65 30.00 76.44 42.84 28.56 42.84 18.18 0 0 1 0 0 0 0 0 7 30.45 8 5.26 5 25.30 12 10.00 5 50.00 3 0 5 41.65 6 5 45.45 6 0 0 4 50.00 3 0 5 22.70 13 0 6 37.28 7 0 3 42.84 2 0 2 11.76 10 0 2 10.00 9 0 0 0 5 0 5 50.00 3 5.88 2 11.76 13 0 3 21.42 6 0 0 0 2 0 3 42.84 3 0 3 27.27 2 73 62 63 60 60 68 66 59 74 89 56 33 0 9 12.33 51 0 2 3.22 10 16.10 38 0 0 16 25.44 42 0 0 3 4.98 48 0 0 12 19.92 31 0 0 13 19.11 39 0 -0 27 40.77 34 0 0 16 27.04 39 2 2.70 11 14.85 46 0 0 19 21.28 57 1 1.79 10 17.90 37 0 4 12.12 20 0 69.87 61.1B 66.78 79.68 51.46 57.26 49.98 65.91 62.10 63.84 66.23 60.60 7 10 12 11 8 22 17 7 17 20 12 10 17 14 7 7 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 10.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 34.80 1 5.26 0 0 1 8.30 00-0000 0 0 0 0 0 0 1 12.50 0 0 0 0 0 0 1 12.50 0 0 0 0 0 0 3 17.64 00000000 0 0 0 0 0 0 5 29.40 0 0 0 0 0 0 9 45.00 00000000 0 0 0 0 0 0 2 20.00 0 0 0 0 0 0 1 B.88 0 0 1 7.14 0 0 0 0 00000000 1 0 14.28 0 0 0 9.59 8.05 0 0 0 5 8.05 3 4.77 0 0 5 8.30 1 1.66 11 18.26 5 .8.30 9 13.23 0 0 2 2.54 2 2.54 2 3.38 1 1.69 7 9.45 0 0 5 6.66 0 0 6 10.74 0 0 3 9.09 0 0 5 0 0 0 0 0 0 0 5 45.45 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000 0 0 1 1.47 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2.24 0 0 0 0 0 0 3 9.09 0 1 0 4 2 7 2 2 1 0 2 0 0 0 0 0 0 0 0 0 1 0 0 7 0 0 4 3 0 0 4 2 2 3 0 6 0 1 5 1.92 0 3.84 2.10 15.69 8.32 2.24 1.85 0 2.00 0 % Rating 0 2.38 0 0 0 1.18 2.20 1.38 2.06 1.84 2.17 2.62 2.81 2.27 2.11 2.09 2.61 2.11 1.77 2.15 2.47 2.50 2.35 2.20 2.30 1.94 2.19 1.96 2.19 0 2.88 1.01 6.76 0 5.15 3.84 0 0 3.15 2 0 0 3 0 0 2 8.32 7 7.84 0 0 1 1.85 1 1.00 0 0 0 0 0 0 0 0 0 0 0 2.46 2.49 0 0 0 0 0 0 0 0 0 2.45 2.45 2.45 2.57 2.46 2.60 2.f6 2.18 2.06 2.82 2.25 2.10 2.00 2.28 2.60 0 0 0 0 1 5.88 14.28 1 14.28 0 0 0 0 0 0 58.31 0 0 0 0 0 0 0 0 28.56 0 0 42.84 2 28.56 0 0 0 0 1 9.09 , 5.48 3.22 3.18 4.98 0 8.82 0 1.69 6.75 0 0 1 1 1.79 3.03 2.60 2 2.74 2.03 0 0 1.91 0 0 2.21 0 0 1.93 1 1.66 1.88 2 2.94 2.06 1 1.47 2.16 0 0 2.20 3 4.05 2.12 6 6.72 2.17 1 1.79 2.11 2 6.06 2.04 1972 �Friday, September 15, 1972 THE OPINION 7 On Campus . Sports EVENTS THIS WEEK AT MAIN ST. CAMPUS Fri. Sept. 22 Sat. Sept. 23 Film Derby, Conf. Theatre by Douglas G. Roberts Coffeehouse presents Diana Marcovitz and a * UUAB collection of short films, including the classic Oh Dem Watermelons. 9:00, First Floor Cafeteria. • Film: Hellstrom Chronicles, Conf. Theatre. Sun. Sept. 24 Mon. Sept. 25 Films: Short films by Bruce Baillie including All My Life,\ Still Life, Castro Street. Valentin de Las Sierras. 7:00, Dief. 147. N.Y. Chamber Soloists. Works Vivaldi, Britlen, • Concert: Carter, Powell and 8:30, Baird Recital Hall. by Couperin. Tues., Sept. 26 Films: She Wore a Yellow Ribbon (starring the inimitable John Wayne) 3:00 and 9:00, and Warning Shadows, 7:00. Both Capen 140. Concert: Student Noon Recital. 12 p.m., Baird Recital Hall. 27 Films: Go West, 7:00, Capen 140, Earth, 7:00, Trailer 2, The Thin Man, 9:00, Capen 140. .Concert: Orgen Trilogy with Frederick Burgomaster, works Wed., Sept. * by Marcello, Searle, Genzmer, Bach, Stanley, 8:30, Baird Recital Hall. Thurs., Sept. 28 Cisco Pike, Conf. Theatre. * Film: Films: Silent Faith 7:00, Dief. Dief. 147. Fri., Sept. 29 Huddle 147, Mark of Zorro, 9:00, Film: Cisco Pike, Conf. Theatre. * Concert: Doctor John & Phlorescent Leech & Eddy. Tues., Oct. 3 Film: Young Mr. Lincoln, starring Henry Fonda. Free. 3:00 and 9:00 p.m., Capen 140. Wed., Oct. 4 Film: Ministry of Fear, 7:00 p.m., Capen Jacks, 9:00 p.m., Capen 140. 140. One-Eyed Wait until next year! From where does that frustrated plea emanate? Brooklyn? No. Right here on Eagle Street where our bold and brave gridiron warriors have contented themselves with second place finishes in each of the last three intramural touch football league seasons. In fact, this year's slogan of the organization known as the Shysters is, "Bridesmaids never again." The Shysters winning combination is threatened this year by that grim reaper called graduation. All but three members of the near championship squad have departed the scene and, at lastreport, were seen queing up in unemployment lines throughout New York State. New coach Doug Roberts, together with hol-.'.rwer superstars Don Haight and Jerry 'Boom Boo" Solomon, cited the major needs of the Shysters in a copyrighted interview with Howard Cosell. A new quarterback with a golden arm and twinkle toes is the Shyster; chief necessity. A few burly linemen and fleet-footed running backs and receivers wouldn't hurt, Coach Roberts related. Anyone interested in becoming a BMCES (Big Man on Eagle Street) should watch for the signup lht soon to appear on theBulletinBoard. Before Roberts completed the interview, he related the words of his mentor, departed coach and molder of men, Al Snyder. In Snyder's last jpeech before leaving Buffalo to begin graduate work at the University of New Zealand at Aukland,he employed a slightly modified quote first used by the Antarctic Massage Society in its semiannual recruiting campaign. Snyder passionately stated, "If there is a better man to be made, the Shysters will maice him." Fresh men, juniors and red-shirted seniors, perhaps the Shysters can make a man out of you! �Indicates admission charge; Consult Norton Information (831-3541) for unlisted times. Amtowaga by Lucius Q. Paddlefast LAW PROFESSOR HURTS FINGER; SICK LEAVE DISCONCERTS STUDENTS Prof. MARK LAGGER, of the Amtowaga Law School faculty, was reported resting comfortably at the SouciSands Hotel, Miami, after suffering an occupational disability. while Prof. LAGGER fractured his right index finger correcting an exam paper last semester. "I came to a particularity stupid passage in one exam as I paper, and I bore down too savagely on my pencil slashed a big fat "U"alongside the student's answer. "My course in Attenuated Subtleties is not that inane and difficult that it should have evoked such an inaccurate answer by that student, whoever he was." on Prof. Lagger's explanation was given to this reporterThe the sun-washed beach alongside the Souci Sands Hotel. "prof," attired in the usual bermuda shorts, seemed to be making a rapid recovery from his injury as he soaked up the Florida sun. As he reclined in his beach chair, his secretary approached him several times attempting to deliver messages has from Amtowaga Law School up north, where his absence been causing a situation little short of panic. At one point, Prof. Lagger became so annoyed at the a handful of frantic efforts of his secretary that he grabbed sand and flung it at the pretty secretary's beautifully tanned b°dy"Go you?" take a running dive in the surf, will exclaimed Lagger in a highly exasperated tone of voice So their problem! So my students are impatient. Well, that's hreatening they're jumping out of the library windows and Well, let them! to bomb the whole place to kingdom come. Leave me alone, my finger hurts!" gave up her efforts to Finally, the pretty secretary to the convalescent communicate the student distress signals sun-glasses, hitched up professor. With a sigh, she doffed her down the beach her tathing suit shoulder strap, and dashed to the water. 37. Indians. SSST 1* «"™ College building. 41 Everereens a way. 43 AttemDts Skin 3. Fictional D.A. 4. Snake. Shaping into a certain form. 51. 53 -—Rabbit Indiscriminate place. 10. SnyderorLiebowitz. 2-1.lnter age—«■ 57! F,nal"* yhand.ed by 18 acroS, 59.FoodStufTroot. fin UnknAerrvari (V";'- '?• ~ «1 64 A.t™-»ivp rhnstrnaL oi:" «• |Jpeechrnake. Spamsh i S^tSf"0 32. Say hello. 34. Fictional Detective. 35. Prefix. aggr jafe^ . 3. man. 19.Evil. Consumer. 24. Determined b«forehand. 25. Cowboy gear. 27. Ue Teitel 28.A g^nst. 21. M Alrioht ■ 29Chews- 45. M«es. 46. Clients(abbr.). «!^SKdllta 50. Way to cook steak. 52. Uncertain (slang). 53. Wait ones time. 55. Mideastcountry. 56. Hopalong Cassidy portrayor. 58. We«ther word (var.). 59. Small child. , �Friday, September 15, 1972 THE OPINION 8 BullETiN BoARd Distinguished Visitors Forum Suggestions from students and professors for proposed speakers before the Distinguished Visitors Forum and the Mitchell Lecture Series are desired. Anyone wishing to propose a speaker should contact Mike Stachowski, Tom Bailey or Professor Marc Galanter. Freshman Wins Scholarship Timothy M. Cotter, a freshman, was the first recipient of the recently set up Walter F. Schmieding Scholarship. The scholarship is funded through a trust fund set up by the will of Mr. Schmieding's widow, Mrs. Charlotte L. Schmieding. The scholarship is to be awarded annually to a freshman at U.B. Law School by the incumbent president ofthe Erie County Bar Association. County Bar Receives Award At the annual ABA meeting in San Francisco, the County Bar Association was awarded the 'Award of Merit for local Bar groups in the 800-2000 member Erie Belling category. The award was made for the work done on theFirst Citizens Conference on Criminal Justice. Past President Philip Magner and Calvin Udall accepted theaward for the local Bar. Many law students attended the very successful conference. The purpose of the national competition is to recognize outstanding work in the individual bar associations as well as the dissemination of information about suchactivities. Placement Hours Placement Officer Tom Hurley will be in his office at 816 Prudential all day Tuesday and Wednesday until 3:30. Appointments are suggested, and can be made at 831-4414. On Monday, Thursday and Friday, Mr. Hurley will be available on the main campus in Hayes C. Clark Gym Hours All Facilities ExceptAquatic: Mon., Wed., Thurs., Fri. 3-10. Tues. 3-7; 7—',0 women only. Sat. 9-5. Sun.Noon-10. Pool: Mon., Wed.,Tnurs., Fri. 7-10 Tuesday, Women only 7-10 SSt. 1-3 Sun. 2-5. , Elections An Open Letter An election will be held Next week to fill six freshman SBA directorships as well as the positions of Secretary and SecondVice President. . to Law Wives DearLaw Wife, - DCaayreCenter Day Interpersonal style immediately desperately ask, per Chapter, Legal accepted. provide legal Shirleys participating you provide any person Legal confrontation, persons Legal purpose Raising Workshop. impartial workshop ACLU, rectify $10.00 opportunities ($ funds, may they arrange Cooperative September chapter your per currently Raising requires may situation, attend, Interpersonal person. Hall, Cottage couples might why." hopes Ridge group taking St., through Day chapter gathering demonstrations, Messages $15 arrests, Saturday, Brosius, Center, Anyone presence Niagara provide objective may by organized explore lessening harassment, Chairman, 837-2000, gratefully why families). leaflettng Sept. working prior they you any 23, $5 ext. weekend to in Bar Marino Fund Annual 3:00 Featured I etc. other on the with or Union didn't Dance violence. to f Gene law a basement weekend the chance 3609. "Lack Members in at Care The To Tickets Review The A Persons Observers hear extends students. are which and Frantic the-Three Goffin situation March office. is It entertainment ACLU local of Observers U.B. of from acts Center unable in Observers Susan to on of are confrontation. interested which act Picnic Courses need must Fund 10 for a Bar Cooke Relations Interested 1370 to this Arrow is warm available observers which Bloom to as in information. in interact secure for CAROL in that's call: should 4230 of some Main witnesses Room ACLU is the for 831-1822 in welcome financial will a of for witnesses contact for a students 29 with situations Seminar PORTER brief for is B-32-A the contact Picnic Persons include a PLI. donations The available in individuals Bflo. October tickets lead for others. American on that Lea and of dire interview. .aid. Care bar focus to Bob on Grand to arrestees Relations should students 14209 the interested works to this John review all financial cause "Wonder will to 1. will of confrontation to summer?" Island. The to the be or call Civil Anderson for a their be courses and will 883-0946. sold weekend in cost straits located the interested be Liberties Frontier of be for services Second for of left Black these facts held and the for to or of in at is I wouldlike to welcome you on behalf of the Student Law Wives Association to the school year of 1972-73. Your future years as a wife of a Law Student can be very difficult, but progressive ones. These years can be made more enjoyable and meaningful through the friendships of other wives with common goals and interests. The Student Law Wives Association offers you this opportunity of friendship along with many interesting programs and activities throughout the year. Your participation and attendance at the tea on October Bth, and future meetings during the yearis anticipated. We are looking forward to meeting and welcoming you to join us as a fellow StudentLaw Wife. The U.B. Cooperative Day Care Center, located in the basement of Cooke Hall, is available to provide services to law students. Interested students should call 837-2000. ext. 3609. Sincerely, Persons interested in taking bar review courses prior to the March Bar should contact John Anderson for Marino and Susan Bloom for PLI. Messages maybe left at Shirleys office. Linda Drucker President RelatIniotenSrpssoal eminar A workshop in Interpersonal Relations will be held the weekend on September 29 October 1. The cost of the weekend is $10.00 per person. The focus of the weekend is to provide opportunities for individuals to explore the style in which they interact with others. Anyone interested in participating must call: CAROLPORTER 831-1822 4230 Ridge Lea Room B-32-A immediately to arrange for a brief interview. - ReBviawrCourses FundRaisngPicnic The local chapter of the American Civil Liberties Union extends a warm welcome to all to their Second Annual Frantic Fund Raising Picnic on Saturday, Sept. 23, 3:00 at the-ThreeArrow Cottage on Grand Island. The ACLU is currently in dire financial straits and desperately in need of financial .aid. "Wonder why you didn't hear from your ACLU chapter this summer?" they ask, "Lack of funds, that's why.*' To rectify this situation, tickets will be sold for $5 per person ($lO for couples and $15 for families). Featured entertainment will include works by the Black Dance Workshop. Tickets are available through the Niagara Frontier Chapter, ACLU, 1370 Main St., Bflo. 14209or 883-0946. If you are unable to attend, donations will be gratefully accepted. LegaObservers l Legal Observers is a group of students organized to provide impartial observers for demonstrations, leafleting or any situation which might lead to confrontation or violence. It acts to secure witnesses to arrests, harassment, etc. Members act as witnesses for arrestees and for any otherpurpose which requires a gatheringof objective facts on a confrontation, in the hopes that thepresence of these legal persons may in some situations cause a lessening of the chanceof confrontation. Persons interested in working with Legal Observers may contact Bob Brosius, Chairman, or Gene Goffin forinformation. Balling � 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, 1972-09-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/15/1972 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 15:43:00 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/fb83fc1dea933753d48c01c94fd3768f.pdf 66c3bb46a6dcdfd35ac2f19f4a02851b PDF Text Text The Opinion 77 West Eagle Street Buffalo, New York 14232 TO HE PINION Non-Profit Organization U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 706 State University of New York at Buffalo School of Law Volume 13, Number 2 October 17, 1972 Wong, Frosh Directors, Take Office Nathanial Wong has been elected. Second Vice President of the Student Bar Association for the remainder of the year. Elected Freshman Director were Eileen Greenbaum,Robert Macek, Ron Heubsch, Donald Lohr, Laura Zeisel and Art Herdzik. Mr. Wong closely edged his opponent, Marty Miller, in a 90-81 decision. Totals for the freshmen were: Ms. Greenbaum, 61; Mr. Macek, 56; Mr. Heubsch, 50; Mr. Lohr, 46; Ms. Zeisel, 43; Mr. Herdzik, 40; Mr. Stan Hudson, 39; and Mr. Mark Linneman, 31. Campaign promises Mr. Wong, a member of the Admissions Committee and BALSA, has previously represented the SBA at the Main Campus. He ran a quietcampaign and distributed no Belling Nathanial Wong literature. Freshmen, too, conducted their campaigns mostly by word of mouth. Eileen Greenbaum, the high vote getter, did not campaign at all. Don Lohr concentrated his campaign on speaking with other freshmen. He found that a major concern was the placement services available. "Destroying the isolationism of Beling Beling Eileen Greenbaum Art Herdzik Dembitz, and Coons to Speak Prudential" is the aim of Ron Heubsch political science along with economics at who conducted "no real campaign." He Boston College. Eileen Greenbaum would like to see freshmen incorporated graduated from Brandeis with studies in jjito the rest of the student body for more Theatre Arts. Laura Zeisel, a N.Y.U. interchange of ideas. graduate, has done graduate studies in Art Herdzik, too, was concerned over anthropology. Art Herdzik is a May 1971 the lack of interaction between students. A graduate of U.B. tutorial system and book exchange systems were suggested by Mr. Herdzik in his Constitutional amendments campaign. The student body also passed three Laura Zeisel campaigned on a different propositions for constitutional platform she'd like to get yogurt and amendments. It approved, 198-20, an apples in the vending machines. amendment changing thelast date elections Bob Macek felt that the campaigns as for SBA officers must be held from April presented on poster board did not 10 to the 15th day following the first day represent an adequate picture of each of classes in the second semester. candidate's views. To this end,he put out a Deleted from the Constitution, written campaign statement proposing that 179-35 under "Function, Duties of the cheaper coffee of a higher quality be made Board of Directors," was the duty of available to student through the possible establishing the dress regulations for the reinstitution of last year's nickel coffee. student body,Section 2 (n). Provisions for the Student Court, an entity which has been nonexistent for Diverse group The new directors represent different several years, was striken from the varying backgrounds and points of view. Constitution. Bob Macek is the former full-time director of the Buffalo Draft Counseling Center. He Installation is completing a masters program at U.B. Mr. Wong and the freshmen directors Don Lohr is a 1971 graduate of U.B. in were installed at the Friday, October 6th political science. Ron Heubsch also studied meeting of the Student Bar Association. - Beling Ron Huebsch Judge Beling Don Lahr Beling Bob Macek Laura Zeisel Penmen City Court: Where it's Going On October 19th, Distinguished Visitors Forum will present Judge M. Dolores Denman of Judge Denman, a law school Judge Nanette Denbitz of the Family Court in New York City. Judge Dembitz, who is currently running for the Court of Appeals has the Buffalo City Court spoke alumnus, discussed the processes recently been ruled "unqualified" by the State Bar Association. She before the Distinguished Visitors and problems facing the City Court. After a short, but will speak in Room 110 at 1:00 to interested faculty, students and nformative speech, Judge practitioners. )enman fielded the questions of The Mitchell Lecture Series will present Dr. John Coons of tudents. Berkeley on October 26th in 110 at 1:00. Dr. Coons will speak on Plea bargaining was a major Serrano and the Court: Litigation as a Means of Redistributing tudent concern. Judge Denman Educational Opportunity. 11 empted to clear the Anyone interested in meeting informally with JudgeDembitz or (iscrepancy between people's Dr. Coons should contact Tom Bailey care of Shirley's office. mistaken impression of plea IN THIS ISSUE: argaining as a type of backroom (ealing and how the process Chilean Legal Reform dually works. She stressed the page three ProfessorMacaulay Speaks afeguards available to the Jobsfor Everyone???? (efendant at every step in the plea page four Hurley HoldsPlacement Meeting >argaining process. When the Our Man in Strasbourg t efendant first accepts a plea, he five Rights page International Institute of Human s questioned as to his actual guilt Poverty nd is warned by the judge of the P'Be slx A New Series by Earl Carrel ossibie consequences of his plea. Do Something! At the sentencing he is again given seven with Katz Pa»e Al An Interview warnings. The Environmental Crisis In terested in improving the Paë nine Poetry by Bob Doren unctioning of the City Court, Strange Verdicts Judge Denman has put forward Pa«e len Weatherwax v Sussex Parish : Beling several proposals. She does not call for more judges or more money, but for a more efficient use of thepresent facilities. For example, Judge Denman asked why Part 5 should hear certain landlord tenant cases when City Hall has a tribunal established for exactly that purpose. She pointed to the Traffic Court as an example of how now a judge is occupied by matters that can be as easily handled by an administrator. In a short period of time, this will become a reality, and another City Court judge will be available to handle far more pressing cases. In her work in Part 2, Judge Denman has done much work in clearing the backlog of unnecessary cases facing the City Court. Judge Denman presented an informative and helpful view of the workings of the City Court to a large and interested audience. �Editorial - - coffee. The coffee pot disappeared over the summer while stored in the SBA Office. Mr. Millerhas made a valiant effort to contact everyone who might have a clue to its whereabouts, but to no avail. Next week the SBA will begin debating budgets deciding which groups shall receive the thousands of dollars in our budget, Let's justhope they don't forget the biggest group of all the student body and get - us a new pot. - — 1972 Presidents Corner POT One of the few lasting accomplishments of the SBA in recent years was the implementation of nickle coffee. The SBA purchased a coffee urn, and through the efforts of Marty Miller and friends, thr cost of our coffee dropped two-thirds. (Coffee in our vending machine is 15 cents students at the main campus pay only a dime). The savings to the average cup-a-day student are $16.00 a year. Not to mention decent obvious TBE Tuesday, October 17, THE OPINION 2 OPINION oSArTSn -- - will so drain the other clubs that they cm not function effectively. The largest single abuse appears to be in the area The annual "Moratorium on Reason Season" in this department Black has begun again on schedule. Fiften or so of conventions, and organizations and committees have submitted American Law Students Associationand Association deserve an accolade of Law Students budgets to the SBA Directorate which indicate that of Women requested nearly $ 1,000 for this season may be the best in history. The size of some sort. AWLS has BALSA wants the requests suggest that the word has leaked out, twelve persons to attend conventions. unspecified number of students to and that the whole world knows of Bill Buscaglia's $1500 to send an of conferences. If the entire unspecified number discovery of gold under his treasurer's desk. The an approved they wouldhave over reasoning process of theindividuals who develop the budgets of each were budget requests, and of those who act on them, is one-half of all SBA money, and the conventions difficult, at best, to determine, but it appears to be wouldabsorb nearly one quarter by themselves. These sorts of demands are particularly based, in principle, upon that used so successfully by will decrease the Defense Department. I am told by several unreasonable in a year where revenue not the only abuses. Washington friends that there one takes the age of by 15% or more, but they are requests rather sincere of the treasurer for the Secretary, translates it into a percentage factor, The went unheeded, and his work area adds 100 percent and miltiplies the result by the unpadded budgets production line. a previous years' budget allocation. A sympathetic smells like maidenform The biggestpity is that students takeit. Apathy Congress (read SBA) then determines that any meaningful budget meetings, and it SBA at of becomes organization that wants that much, needs one half means that organizations with small followings and it. The result of this exercise in legislative logic is large budgets pre-empt the needs of the Student that there is a far closer correlation between the Body as a whole. It is too bad I suppose,but at least to the amount demanded by an organization and thatgiven,,it means that we are becoming acclimited than between the effectiveness of the group ana the environment in which most of us expect to practice. found this of "clinical sort one, have amount allocated to it. The effect at the SBA level is I, for that the few groups who make the largest requests experience" enlightening. by JohnHayden ' Rosalie Stoll Business Manager Christopher Greene Photography Editor Christopher Belling Feature Editor Earl Carre! Sports Editor Douglas Roberts Poetry Editor RobertDoren Arts Editors- Matt Greenblatt, Ibby Lang The following statistics concerning the make-up of the law school have just been released by SBA Editor Vacant the Registrar's Office: Production Manager Vacant Editor Vacant Managing 1972-73 October 2, 1972 Article Editor Vacant Assistant Editor Vacant Other Women Minority Married Total W.N.Y. N.Y. Out of State Staff Kay Latona, Larry D. Shapiro, Otto Matsch, Gary Masline, Mike Donleavy, Alan Snyder, Jon Kastoff, Christopher Green, Joe 19 Seniors 162 34 203 26 7 111 T Heath, Robert Rothstein, Larry Zimmerman, Peter Clark, Linda Cleveland, John Levi, Sara Steinbock, Ted Orlin, John Hayden, Fred 30 169 40 213 30 95 4 Steinberg, Dianne Graebner, David Schubel, Lou Haremski, Frank Juniors Buffomante. 14 47 Freshmen 118 56 188 62 24 The Opinion is published every thirdweek, except for vacations, Total 449 130 25 604 96 80 268 during the regular academic year. It is the student newspaper of the State University of New York at Buffalo SchoolofLaw, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage Other statistics, including Mean GPA and Mean LSAT, have been promised for the next issue entered at Buffalo, New York. of the Opinion. Editor-in-Chief --- - - From the Registrars Office -- Letters to the Editor are encouraged. Writers shouldlimit theirletters to 400 words. Letters are subject to editing and will be printed at the Editor's discretion. RiGHT ON! skyrocketed (and even the "temporary taxes" from WW II are being raised), legitimate government operations such as defense are being stripped of funding to provide more THE VULTURES ARE COMING greenbacks for the bureaucrats to play with, and still the whining persists that the government should take more They are already warming up to the theme, cranking money from the people to waste in the same manner on the bullshit machine into position to brainwash the people the same old crises. into believing that we need it. Time Magazine tells us that There is a lot of talk being promulgated by the we really can not expect to live decent lives unless it's professional liars, especially politicians up for election, of done, Eric Severeid solemnly bleats that we don't have theneed for tax reforms. All of their schemesboil down to enough of it and are falling behind the rest of the world, the same formula: gouge the people. There are variations and the rest of the Liberal Establishment goons are falling on the theme, such as the Value Added Tax (which is into lock-step with their comrades, all of them trying to really just a sales tax), and the closing of "loopholes" of convince us that what this country really needs is more one sort of another. McGrovel is proposing to closeall the taxes. Americans, they drone, are under-taxed, and if we "loopholes" he has voted for in 25 years in office under are to keep up with really relevant countries like Sweden the banner of soaking the rich and corporations, i.e., the and Albania we must have more dollarswithheld from the same old shell game. Corporate taxes are passed on to the people and sent to Washington to be directed into (the consumers in the price, and no matter how it is sliced,it is McGrovel gang callsit income redistribution) the coffers of always the consumers' collar that gets slashed. Nixon politically powerful special interest groups, random claims he won't raise tax rates, even though his economists bureaucratic slush funds, foreign aid to be wasted by disagree with him. So far all the talk of tax reform has foreign governments, and other idiotic schemes both been about ways to raise taxes without raising taxes, which foreign and domestic. is a lot of crap. There is only one meaningful tax reform, All this is the necessary consequence of the social and it is tax reduction, and the only way to achieve that is experiments conducted by the Liberal Establishment. The through reductions in spending, and it will be a cold day in procedure followed is monotonously repetitious: find or Hell when the vultures in Congress voluntarily withdraw by Otto Matsch invent a "problem," hereafter to be called a "crisis," their talonsfrom the people's dollars. At least half of the dollars spent by the feds are wasted. Urban renewal, intended to replace slum housing with new, low-cost housing, destroys more housing units than it builds. Job training programs cost more per student than tuition to Harvard. Poverty programs funnel money to social workers and paper shufflers, and the inflation fueled by inane and irresponsible governmental policies erodes the value of the few dollars the poor have. Liberal designate 60 or 70 agencies to dealwith the crisis, making sure they overlap a lot, and pour money all over the place. When the crisis persists, add more money. When the agencies, and situation deteriorates, add money and more contradictory tell them to spend it all and to issue a lot of regulations. This has been done for 40 years, there are more agencies than anyone can count, nobody knows where the money has gone or is going, taxes have whiz-kids, smart-asses with degrees in accounting, over-rule the technical decisions of aeronautical engineers and the military gets stuck with F-11l bombers that won't fly. And in the meantime the regulatory agencies are keeping themselves busy persecuting every corporation in the country, thus keeping the GNP artificially low and the tax rate artificially high. One outgrowth of this governmental Big Brother policy is that local bond issues for almost anything are being voted down with astonishing regularity all over the country. The bond referendums are the only chance the taxpayers have of directly controlling bureaucratic largesse,and they use it to voice their displeasure in what some have called the 'Taxpayers' Revolt." If the revolt is successful, governmentalspending could be cut back to the point where the feds would be spending money only for legitimate expenses, which, it is to hoped, wouldbe so low that taxes could be made voluntary. An immediate step in the proper direction for this liberation from the parasitic elements would be for taxpayers to emulate the example of the War Tax Resistors League, a group of relevant people who are withholding that partion of their tax assessment which wouldbe spent on Indochina military activities. The principle should be extended to any other governmental boondoggle. You don't like Vietnam? Don't pay for it. You don't like foreign aid, or welfare, or farm subsidies, or anythingelse? Don't pay for them. Mr. Justice Douglas reminds us that rebellion against a tyrannical regime is justified. If he is correct, then certainly the non-payment of taxes for specific government actions which the citizen considers to be despotic, oppressive, or immoral is justified as a means of non-violent rebellion. The government, after all, is supposed to exist for the benefit of the people, not the other way around. �Tuesday, October 17, 1972 THE OPINION LALUMNI INE by Earl Carrel Perhaps the best way to start off an alumni column is to tell a little bit about the alumni association itself. The Law Alumni Association is one of ten constituent alumni groups within the framework of the University at Buffalo Alumni Association. The alumni are the University at Buffalo's largest and most permanent constituency. Their numerical strength is far greater than that of any other group. Students, faculty, andadministrators come and go, but once an alumnus, always an alumnus. The officers of the Law Alumni Association for the 1972-1973 year are: John H. Gridley, president; Hon. M. Dolores Denman, vice president and president-elect; Irving D. Brott, Jr., treasurer; and Robert Schaus, secretary. Directors are: Harold J. Brand, Jr., John D. Bridge, Anthony J. Colucci, Hon. Roger T. Cook, Robert P. Fine, John T. Frizzell, Richard A. Grimm, Jr. Samuel L. Green, James V. Hall, William H. Hepp, Hon. Rudolph U. Johnson,William J. Love, Jr., William J. Magavern, Richard S. Manz. Hon. Frederick J. Marshall, Joseph M. Ralabate, Walter T. Sendziak, Franklin A. Stachowiak, and Aaron Weinstein. CLASS NOTES Herbert H. Hoffman, '26. Title insurance officer at Abstract Title. Died September 3, 1972. Maurice Frey, '28. Retired as the Commissioner of the Marriage Conciliation Bureau of the Eighth Judicial District. He has been succeeded by Peter L. Curtis, |60. Ralph A. Boniello, '37. Appointed to the University Council at Niagara University. C. Townsend, '45. Is the 1972-1973 president of the General Alumni Board of the State University ofNew York at Buffalo. Morley Jabczynski, '59. Attorney and Administrative Assistant at the Legal Aid Bureau of Buffalo died August 13, 1972. Henry A. Jason Karp, '70. Appointed Acting Director of the Legal. Aid Bureau of Orleans County (New York). Florence G. Burton, '71. Appointed a Legal Assistant to the Erie County Attorney for Environmental Planning and Management. Samuel S. Rabkin, '71. Appointed an Assistant Erie County Attorney. Frank A. Valenti, '71. Resigned as an Assistant Erie County Attorney to join the Buffalo firm of Phillips, Lytle, Hitchcock, Blame and Huber. Arthur E. Jackson, Jr., '72. Appointed an Assistant District Attorney for NiagaraCounty. James E. Kelly HI, '72. Appointed a Legal Assistant to the Erie County Attorney. William R. Lewis, '72. Appointed an Assistant District Attorney for Niagara County. 3 Macaulay Chilean Legal Reform by Dianne Graebner Chile's leftist coalition government, led by Marxist Salvador Allende, has been remarkably successful in reforming the country within a legalistic framework. "Given their goals," explained Visiting Professor Stewart Macaulay, "they've come a long way, and to a remarkable degree they've kept the legalities." The second speaker in the "Distinguished Visitors Forum" series explained and assessed the theories and accomplishments of Chile's two year old government under a communist president as he addressed an audience of 200 persons September 28.1 Mr. Macaulay went to Chile in August 1970 as* director of Santiago's International Legal Center. "I went to talk to Chilean law professors about research methods. 1 didn't realize they'd elect Salvador" AHende president," he said. "It was fascinating." The theory of socialism among those Chileans whom "you would loosely call left, progressive or Marxist," said Mr. Macaulay, is that "capitalism cannot develop Latin Americaand thepresent social structure cannot remain if there's going to be change." The goal, therefore, is "to get rid of foreigners who take money out of the country and get the money into thehands of the government." In theory, he explained, "this much socialism could easily be reached through a Western democratic legal system," or as the Chileans term it, "The Road to Socialism Through Bourgeoise Legality" the title of the visiting professor's I speech. - Much of Allende's government, Mr. Macaulay Levi said, has been "legally impeccable." Elections are bargained with the takers, managing to effect just frequent and are held in every area of society. about what his agrarian reforms would do. The Allende's strong, legitimate powers include "toma," However, destroys government planning administration of legislative agrarian reforms, and amounts to selective enforcement of thelaw. price-setting, and control of a well-run police force. Allende's opponents do not sue to regain their Under Allende the Chilean congress i rights; rather they go through the political process. unanimously approved a constitutional amendment The result has been a stand-off between the to nationalize Kennecott and Anaconda copper president and his hostile congress. Congresspassed a companies. This extremely popular move was totally constitutional amendment that would set back much legal in Chile, Professor Macaulay explained. The iof Allende's de facto nationalization, but the government deducted from the companies' poiiticos have discovered that the constitution does compensation excess profits of the past ten years; i not state the requirement for overriding a everything balanced out. The compensation scheme, presidential veto. Meanwhile there are negotiations he said, was "fascinating for lawyers. Very legalistic on both sides. "Everybody is holding his breath until with its courts and outside appraisers." the 1973 national elections," hoping the government The legality of many of Allende's other efforts will hold together that long, said Mr. Macaulay. have been challenged by his opponents. His de facto Because Aliende must be popular in the short nationalization of numerous companies, for run (he can't succeed himself and congressional example, is based in part on an unrepealed decree elections in this country with a strong democratic from a 100-day government of the 19305. The tradition are slated for 1973), the president has paid original owners have trouble sueing for recovery, a price for his efforts. He has had to give in the noted the speaker, since the Chilean government copper miners for higher wages, and he has had to didn't set up its administrative court system allowed allow farmers to work small plots rather than large under 1925 law. One judge has since handled one of cooperative farms. According to Professor Macaulay, these cases, but the Supreme Court of Chile, noted the country also is more polarized today. Allende's government, however, has "put one Mr. Macaulay, "wants to avoid it like the U.S. Supreme Court wants to avoid the question of the big chunk of the economy into government hands" Vietnam War." said the speaker, and it has established a legitimacy Another problem for the coalition government that has helped it inside the country and is called the "toma" or "taking," said Mr. Macaulay. internationally. Aliende "Unidad Popular* faces "tremendous One party to the left of the president, the Left Revolutionary Movement (akin to Uruguay's problems," stated Professor Macaulay. But against Tupamaros) has organized the communities and these internal problems and an international countryside, encouraging people to take over backdrop of an immense debt left by his factories, farms and housing. Many persons from the predecessors (second only to Israel's) and an countryside have done this, and since they are unfriendly stance by countries like the U.S. (whose radicalized and armed, Allende cannot thoroughly policy is "don't make life easy for Chile"), the enforce the law and risk armed confrontation. Aliende government, concluded Mr. Macaulay, "has Consequently, explained Professor Macaulay, he has accomplished a great deal." ' ' . Women on the Move by Sara Steinbock On Saturday, October 28, 1972, a symposium on law careers, admission to law school and the law school experience will be held in the Conference Theater, Norton Hall, U.B. Main Campus. The Association of Women Law Students is one of several sponsors of the conference, which is designed to increase awareness of the possibilities of a legal career for women in the Buffalo area. AI though the conference is The afternoon panels generally aimed at women not now in law school, the morning i (1:30-3:30) wUI be addressed to (9:30-12:00) thinking of applying to interest women will session women law students as well. I taw school. "Getting into Law At 9:30 a.m. women in a wide School" will be discussed from range of legal careers will discuss 1:30-2:30; 'The Law School "What can be done with a law Experience" from 2:30-3:30. Participating in the conference degree?" Included on the panel will be judges, administrators, from the law school will be Marjorie Girth, Professor corporate counsel, faculty, private, "movement" and public Administrative Assistant Manila Giles and students Tricia attorneys. At 11:00, members of the Semmelhack, Marylou Claik, panel will lead small group B v ffy Burke, Yvonne Lewis, discussions on future job Barbara Barth, Rosalie Stoll and Sara Steinbock. prospects in their areas. I �Tuesday, October 17, THE OPINION 4 1972 Hurley Holds National Moot Court Placement Meeting Competition by TomReeve Fresh from the clear sunny skies of Colorado, SUNY at Buffalo's own Tom Hurley began his new school year by holding an open meeting with the 40 percenters. That is, he spoke at the Law School, which has access to his services as placement officer 40 percent of the time. For those of you who are new to U.B. and think that a 40%placement effort is not quite what you'd expect from a school this size, all I can say is "join the crowd." Most of us who have been here a while also feel it is less thanideal, but it is a definite improvement over the past when he was available only one day or one afternoon per week. In order to maintain this (hopefully) continuing development, new ideas and suggestions are always needed. If you have constructive suggestions, they should be given to any member of the placement committee: Dr. Mix, Mr. Hurley, Bill Hamilton, Tom Mullaney, Tom Reeve, and Rich Schisler. Mr. Hurley is still somewhat new to the fieldof Law Placement. After the SBA embarrassed the main campus into finding the funds, they supported Mr. Hurley's trip to a convention in Colorado this summer. This was the first convention of the newly formed National Association of Law Placement Officers, of which Mr. Hurley is a member. By attending the convention as SUNY's representative, not only did he help to make other schools aware of our existence, but he also was able to meet and talk with the more experienced law placement officers from other schools. He made numerous contacts and we hope that these may bear fruit in the not-too-distant future. Mr. Hurley described the program of contacting prospective employers about possible interviews. He explained that over 1600 had been contacted but that only a very few desired to interview in Buffalo. However, many said that they would be wUling to interview a student who travels to see them. Peggy Bellfuss, on the 11th floor of Prudential, has the addresses of those firms willing to interview at their home offices. Peggy also has custody of all the other current placement files which may yield some job possibilities. As Mr. Hurley emphasized early in his presentation, the student who really wants a job must be willing to do quite a bit of work himself. This will continue to be the situation for the foreseeable future, unless the job market changes drastically for the better. The extensive files which are beginning to be developed and the mailing lists will onlyhelp if the studentis willing to use them. One aspect of the placement program which should not be ignored is the registration card. This should be filled out so that your name might be given to possible employers, or so that you might be notified of possible jobopenings. The placement brochure which is being put together by the committee was mentioned by Mr. Hurley. This brochure, which is designed to help "sell" the school and the students to prospective employers willbe ready this fall. The subject of resumes was also discussed at the meeting. Mr. Hurley showed the available guidelines for writing a resume and also stated that for those who seek personal advice on this extremely important document that he would be glad to help. He is available on Tuesdays and Wednesdays in the Prudential building: check with the 11th floor for his location. Haremski Belling Once again the Moot Court is ready to enter the appellate courtroom, as three members of the organization prepare to enter the Region I round of the National Moot Court Competition, scheduled to be held in New Haven, Connecticut, on November 10 and 11. Jesse M. Baker, David C. Sehubel, and Frederick W. Steinberg compose the Buffalo team entered in the National Competition. The team was selected from among the members of this year's Moot Court Executive Board. Professor Kenneth Joyce will accompany the team. The regional tournament will have thirteen teams competing, the winner of which will go to New York City in December for the final round. Region I, comprised of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and for the first time, New York, has traditionally been the most com pc titive region within the National Competition. Air pollution is the central theme of the hypothetical case on which the trio will write an appellate brief and present an oral argument. The underlying legal issues involved are class action, nuisance, standing, and pendent jurisdiction of Federal Courts. In essence, the problem raises the issue of whether classical legal theories can be structured effectively to deal with a contemporary socio-legal problem. The team will fde its brief on behalf of plaintiffs who are citizens seeking money damages and a permanent injunction against an industrial polluter. Under National Moot Court Competition rules, however, any team may be required to orally argue the position of the petitioner, or respondent. Prominent judges and attorneys will decide the outcome of the evemVThe Law School wishes Sehubel, Baker and Steinberg the best of luck in theirendeavor. Prisoner Release Workshop Series Narcotics Addition Control Commission on by Linda Cleveland off as guests in a workshop series presented by the Prisoner Release Program were Buffalo City Court Judges M. Dolores Denman, Theodore S. Kasler, Alois C. Mazure and William J. Ostrowski. They appeared at the initial session, Wednesday, September 13, to discuss how each sets bail, to criticize the efforts of law students in the program who make bail recommendations, and generally to discuss with students some of the problem areas in arraignment Leading September 27. The series is intended as an in-service for about 20 law students the Erie County Bar training program employed by Association Prisoner Release Program. However, Sal Martoche, administrator of the program, expressed a desire to have all interested law students participate freely in the workshops. Prisoner Release currently interviews about 600 prisoners per month and does background investigations needed by the courts in order that they may set the lowest procedures. Subsequent workshops features Assistant possible bails for criminal defendants or District Attorneys Herbert Herman, John release them without bail in less serious Kenneally and Michael McMorrow who offenses. In making their investigations and talked about the role of the DA in the setting recommendations, thestudents come in close of bail and the grand jury system, on contact with many agencies, including some September 20. Mr. Charles Orlando, Chief that will be the subject of later workshop Criminal Clerk of the Erie County Court programs including the criminal records discussed civil and criminal commitments to system, the parole and probation Masten Park, the local facility of the departmentsand the Public Defender. Wed October 18 - Coming Speakers Prof, or Family Law at Henna Kay Berkeley. "Divorce Law" 12:00, Faculty Friday, October 20 Lounge. Thurs., October 19 -- Family Court Hon. Nanette Dembitz Judge, city of New York Candidate for Court of Appeals. 1:00, rm. 110. Distinguished Visitors Forum. Thurs., October 26 Haremski - Dean Richard Myren Dean of the Center for Criminal Justice, SUNY/Albany: Study at the Center and careers in the Criminal Justice field. 12:30Faculty Lounge. - Dr. John E. Coons Serrano and the Court: Litigation as a means of Redistributing Educational Opportunity. 1:00,rm. I 10. Mitchell Lecture Series. �Tuesday, October 17, 1972 THE OPINION 5 The International Institute of Human Rights by Ted Orlin Last summer, threeBuffalo law students, Nick Amigone, Mark Finkelstein and Ted Orlin, attended in Strasbourg, France, the third annual course on international protection of human rights. The course, instituted and organized by the Internationa] Institute of Human Rights (Rene Cassin Foundation), was attended by 110 law and diplomacy students, academicians, and practicing attorneys. ' Orlin THE INSTITUTE It is imp.ortant to understand the origin of the sponsoring Institute and the rationale behind their support for the course. The International lnstitute^ef Human Rights (Rene CassiiiNFoundation) was established\sy._sMonsieur Cassin, a recipient of the 1968 Nobel Peace Prize for his role as the major architect of the Universal Declaration of Human Rights. The prize money that M. Cassin received, was immediately directed to his lifelong cause of promoting human rights on a worldwide basis. He created the Institute to channel funds for facilitating international respect for human rights. The Institute, while involved in a myriad ofprojects at this time, considers its summer course the most importantpart of its program. For the third consecutive year, prominent scholars and practitioners from around the world gathered in Strasbourg to teach aspiring diplomats and international lawyers from over 60 different nations and five continents, the intricacies of the protection of human rights by international law. battles between France and Germany for control of this river port make it a fitting seat for a Council dedicated to European peace and unity. A visitor to Strasbourg is not permitted to forget the tragedy that history brought this region, for he is continually reminded by the numerous war monuments scattered throughout the city and by the stories of war-weary citizens that ring with personal In addition to attending lectures, the students were able to pose questions to the speakers in separate French- and English-speaking seminars. The seminars, considered by many to be more fruitful than the actual lectures, helped to place the course m aterial in better perspective. For the European scholar not accustomed to this type of education device, the seminar might have been calamity. uncomfortable. But to the Strasbourg in 1972 is peaceful, student, seeking to break through representing some of the best rewards of European unity as evidenced by the frequent and easy border passing between France and Germany. (As a resident of Buffalo, familiar with the Peace Bridge border crossing and its summer traffic jams, I especially marveled at the efficiency and speed with which the Germans and French handled the situation.) The student of human rights, as a result, has a real opportunity to witness first-handthe benefits the spirit of internationalism can bring. the Institute's office located there, but Strasbourg is the home of the Council of Europe and its European Commission and Court of Human Rights, considered by many to have the most effective international system now functioning for protecting human rights. It is believed that the impetus for the founders of the Council of Europe to place the Council in this Rhine city was Strasbourg's bloody history of volatile nature that the lecturer might have attempted to avoid in his formal presentation. THE WORK STUDY GROUPS One of the most rewarding aspects of the course was the work-study groups that met with international civil servants of the Council or Europe three times a week. This part of the program closely resembled an American law school class and that is mixture of French, German and Aisacian culture and cuisine provided ample opportunity for enjoyable evenings. This is not to say that it was just our stomachs that were satiated, for our intellectual curiousity was fed as well. With the participants representing so many different cultures (e.g. Ivory Coast, Malayasia, The Gambia), our evenings were filled with stimulating discussions of politics, both nationaland international, as well as Aisacian beer and wine. The conversations were so stimulating and the beer and wine so refreshing that several of the participants took it upon themselves to organize a more formal program and to invite all those interested, and to seek several of the students to speak on the problems of their own nations. Among the topics discussed with great intensity were: Biafra, Bangla Desh, military regimes and human rights, e.g. Nigeria and Spain, freedom of the press. While the decibel level of the cafe rooms we used often rose astoundingly, those of us who talked ourselves Orlin Nationality Position Topic Jean Pictel Switzerland V. Pres. Int. Committee of the Red Cross Humanitarian Law and theProtection of the Victims of War Director of the Human Rights Div. Councilof Europe Regional Protection of Human Rights United Kingdom Asian and African counterparts, did not fear participation. Here students were asked to prepare and brief cases that the European Commission and Court of Human Rights had previously dealt with. In typical American teaching tradition, the civil servants, who had worked directly on these cases, posed questions in Socratic style. This proved to be the most intellectually stimulating formal activity of the course for the international law student. It provided a first-hand account of the dynamics of the European system which many feel to be the most advanced in the world. In retrospect, those sessions alone were well worth the three-week stay in Strasbourg. THE NIGHT PROGRAM Lecturer A.H.Robertson perhaps why the American law students, unlike their European, Strasbourg, with its wonderful PROGRAM OF STUDY The first lecturer to address the participants was President Cassin, in which he outlined the objectives of the course 'and declared the need for dedicated young idealists to study, from a professional perspective, the problems involved in protecting human rights through international law. My colleagues and I agreed that this man's reputation for sincere dedication to the cause of international peace and justice is well deserved. According to interest, the group was divided into two sections, and the next three weeks... were spent studying cither "Social and Cultural Rights" or "The Law of Armed Conflicts." In these sessions, the participants had the unique opportunity to hear a wide assortment of lecturers representing many cultures, who have international reputations for expertise in various aspects of international relations and law. To give an illustration of the calibre and diversity of the lecturers, a list follows: I THE CITY Strasbourg, France, is an extremely appropriate site for the study of human rights. Not only is the formality and the safety of a prepared lecture, the seminar allowed questions ot a topical and SM.Thio Singapore Former Dean Faculty ofLaw, Singapore Implementation of Eco., Social and Cultural Right in Developing Countries lmreSzabo Hungary Member ofthe Hungarian Academy of Science The Right to Education and Other Cultural Rights Hector Gros Espiell Uruguay Ambassadorof Uruguay to the U.N. TheEvolution of Eco., Socialand Cultural Rights in National and Int.Law Dr. Branimir M. Jankovic Yugoslavia Professm^Qjeigrade University - Human Rights The U.N. and Specialized Agencies Ortin dry, and drunk ourselves tipsy, agreed that from a personal perspective those evenings helped us develop an understanding and appreciation of the problems that other cultures face that few American law students ever have an opportunity to experience. Speaking for the three of us who went to Strasbourg, I can sincerely say that the course was well worth the time. I would encourage all those interested in studying international law to consider this as a possibility for next summer. If you wish more information, those of us who participated will be glad to provide it. �Tuesday, October 17, 1972 THE OPINION 6 Housing is Still a Problem spaces will be opening up on the by Eari Carrel One of the rarest commodities Amherst Campus starting this coming January. the Buffalo area is lowor in While this is of no help to moderately-priced housing, in non-slum conditions for married married students, it is a good sign students. At one time, it appeared for single students, both maleand that the University was going to female. The I.M. Pei dorm step in and help out married complex will provide students by converting the appriximately 800 spaces. These Allenhurst apartments to livable spaces will be available to all units for student families. It now students at UB and, if what the seems that this will not be the Housing Office says is true, there will be space for all Law students case. The University-held lease for who want to live there starting in the Allenhurst area expires in September 1973. The cost per Augustand, according to officials room has not been determined in the Housing Office, it will nol yet, but it is indicated that it will be renewed or extended. One be substantially less than the rate reason is economic. It now costs for on-campus dorm space. the University over $2,600 per One piece of good news for apartment for the Allenhurst those students who have not units. In order for married found a place to live this yearhas students to live in these turned up. For the first time in apartments, extensive quite a number of years there are rehabilitation would be necessary. available spaces in the dorms on Neither the University nor the the Main Street Campus and in owner of the property is the Allenhurst slums. If any interested in spending the money students are interested, they necessary to accomplish this. should contact the On-Campus Additionally, new dormitory Housing Office in Goodyear Hall. POVERTY 1 by Earl Carrel In the early 19605, Ben H. Bagdikian wrote a short book entitled In the Midst of Plenty. It was a collection of short writings about the plight of the poor of America, a story of poverty at its worst in a nation which supposedly was and is economically best equipped to eradicate poverty, disease, and illiteracy. The Law School of the State University of New York at Buffalo is certainly not overrun with disease and illiteracy, but there is poverty. It's not the kind of poverty which shows itself in distended stomachs, rotted teeth, and other signs of malnutrition; nor is it the type which evidences itself in students coming to school in the winter without warm clothing. In fact it is a type of poverty which is indeeOkdifficult to see at all. We shouldn't get the idea that because it cannot readily be seen, it is not economic poverty, for that is exactly what it is. It is an out-and-out lack of money by an increasingly large number of students. What makes it difficult to pinpoint is that there is really no one person who can be blamed for this problem. There is no one agency which can be blamed. Neither is there one person who can eliminate or remedy the problem nor only one agency to handle the many students who are depleting their savings or going deeply into debt to finance their educations. The problem is a very complex one which involves several levels of government, a number of state and local university agencies, and the national financial community. Law students are in a very different position from undergraduates, graduate students, or other professional students. The financial resources available to others are simply not as available to the student in a Law School, particularly in New York State. Additionally, tuition in Law School is considerably higher than that of undergraduate and graduate programs in the State University system and although equal to the charges for other professional schools, the "young lawyer" does not have the income in the first few years out of school to compare with doctors. Financially, the law student at U/B cannot get a "free ride." There are no graduate assistantships as there are in graduate school. There are no Lehman Fellowships given to law students as there are for graduate students. All the law student can hope for is to get the maximum under Scholar Incentive and have the State University Scholarship Fund pick up the rest. Sometimes, there is a small bit of money available from the school for scholarships, but it is so limited, that the funds often do not even cover the cost of books. What's left is either taking out regular bank loans, student loans, National Defense Education Act Loans, New York State Higher Education Assistant Corporation Loans, drawing upon savings, being supported by parents or spouse, or work study programs (if you can get placed) or finding a job on your own. ■ Next we will take a look at the various loan funds and what theyrequire. Editor's note: This is the first ofa two-part series onfinancial resources for students. Belling Notes Frown Elsewhere by Kay Latona Student Lawyer (ABA-LSD 9/72) Senator Harry F. Byrd has proposed a Constitutional amendment providing that federal judges serve in office for a term of eight years, at the end of which term they would be automatically nominated for reconfirmation by the Senate, unless they requested otherwise. If reconfirmed by the Senate, the judges would serve for an additional eight years. Senator Byrd submits that fixed tenure for the judiciary, now provided for in 47 or our 50 states, is a "reasonable means of achieving accountability [to the people] of [federal] judges without destroying their basic independence." He feels that such tenure is "in line with the over-all movement in American government toward a more broadly based democracy." ObiterDicta, Univ. ofMissouri-Kansas City SchoolofLaw, Spring-Summer 1972 Dean Kelly paid tribute to the law alumni and friends who last year financially supported the activities of the Law Foundation both as contributors to and as Fellows of the Foundation. Plaques were awarded to the three law firms which had established scholarships during the year. He also noted substantial contributions made to the support of the Law Foundation by private persons. "Men who take such a course, like women who take such a course, cannot be characterized as necessarily a homogeneous group. I'm sure there is much diversity in the perspectives and the amount of prior information that men students bring to a course just as women bring to such a course. But the men who have participated in such a course seem to be dedicated to the basic ideals of human rights. They are willing to examine the status of women, and more particularly to the status of both men and women in our society and in our legal system. 1 think for men as well as women who participate in such a course, an important process takes place: consciousness raising. As William Graham Sumner has observed, this is the indispensible prerequisite to any meaningful judicial or legal reform, i.e., a consciousness that something needs lo be reformed. Though men and women students may have some idea about the extent to which thelaw continues to make arbitrary and unreasonable assumptions about men and women as a group, the enormity of the law's sins in this area is undoubtedly appreciated much more at the end of the course than at the beginning. Dean Lockhart paid tribute to the Law Foundation's benefactors: "I share the conviction that public funds are not enough to make a great law school of a publicly supported law school. It needs private support as well. I am happy to see this Foundation and Law School operating sowell as a partnership in excellence." Will we remember this when we get to The Gavel, Cleveland-Marshall Law School be alumni? Will we care? (as reported in Student Lawyer) "If we're here today, and there's no trouble tomorrow, then we haven't done Texas Law Forum, Univ. of Texas our job!" proclaimed Gloria Steinem to The of Law, 8/14/72 law students at Cleveland-Marshall. She School From an interview with Professor Leo urged the group to "kick ass and take of Womenand the Law, names," suggesting that firms notrecruiting Kanowitz, author "1 think that sensitivity to the general Revolution, who teaches a women not be allowed to interview at that the Unfinished problems of the status of men and women by that name at U.T.: course law school. in society is desirable when other subject areas of the law are examined ... As a matter of fact, the Association of American Law Schools is holding a conference at New York University on October 21 to which law teachers from throughout the United States have been invited. The purpose of the conference is to educate members of the law teaching profession about the need to integrate into cases, their regular law school courses statutes, and other materials relevant both of and to interest to their particular field questions of sex discrimination and of the status of women and of men as such. How successful this effort will be is very difficult to say ... Incorporating sex role materials in the traditional law school courses would not dispense with the important need to have special courses focusing directly on the question of sex the social roles in law and society movement for equality without regard to sex has become, if not the most important, at least one of the most important social movements of our time, and promises to remain such for the foreseeable future ..." .. ... In the same issue of the Texas Law Forum is an ad from Sam Slaughter Stores, appealing to "Bachelors! Law Wives!" to shop there. Presumably female law students are not welcome. �Tuesday, October 17, 1972 upon freshman year from the lofty vantage point of my second year, I try to figure out what made it so terrible. It was a very boring process of seemingly limited value and I sensed that there must be a better method of learning the law than we are subjected to. i feel that the function of law school is Looking back THE OPINION three-fold: 1. to acquaint a person with the law and law reference material; 2. to develop an analytical mind; and 3. to develop an awareness of the social responsibility of a lawyer. In what ways could the law school experience be changed in order to be more productive and valuable? In trying to answer this question, I felt it necessary to conduct an internal examination of thelaw school, or: WHAT ARE WE DOING AND WHY? The following is an interview/rap with that old king of Rock and Roll, AI Katz, Professor of Law, in which we explore the questions of the function of law school, first year classes, and the educational 7 process. What resulted was a very mainly by Prof. Katz. The main which I've attempted to recapture here. My sincerest appreciation to Professor Katz for his time, help and knowledge. (Note on Form) At times this interview/rap will be a direction question/response; at other times it will be segments of thoughts the rap, we bounced around and, for me at least, it became a very meaningful discussion, both parties contributing, without direct regard for the material product. I hope the overall feeling can be adequately conveyed by the following informative and helpful discussion reason forthis is that often during - Do Something by Larry Shapiro LS: At the beginning of the semester last year (Freshman Criminal Law) you told us (o watch out for the apathetic trap that you've seen every class fall into their 2nd and 3rd year and to try to not lose that spirit, but we probably would. Yet, it seems that the Law School's "Western Civ" approach to first year courses, of large classes and broad topics, very strongly influences the students to "dry up." What couldbe done to make it different? < ' have on the school?What do youneed to doing that now. They have first year classes learn about the law: books and people. The \with 20 students, but I don't know what school is full of both. If a student is 1 the results have been. The students could, interested in a subject, there are books that iin effect, do that here now by going to the he can read, there are persons ]professor. knowledgeable in that subject. Students should take it from there, based on what iLS: The present environment (Eagle St. they want to learn about that subject. ; and Prudential) certainly isn't conducive Teachers are under-used as resource 1 to free learning. personnel (outside of the classroom). 1 cannot give much time to the individual AX: It's like being taught law in a closet. student as it is now set up, but if students i Budget and space limitations hamper the made more demands on the teachers, the educational process to be sure, but I doubt institution would have to respond by i that the problems will miraculously clear freeing the leachers and the teachers by i up with the new building. But it will make freeing themselves. j it better. At least the students, faculty and DO SOMETHING! If you don't know | library will all be in the same place. what you want to do, ask someone. For example, students underutilize the 3 hours tLS: What can be done to make Law School allotted for independent study, but my | less of a deadly experience? experience has been that students do terribly in this free situation they are out iAX: The institution and the student both of the habit. Whatever imagination they can respond. Students must see it as their had as children has disappeared. job to make use of the resources that are available to them. The institution must be LS: It often seems that a professor comes made aware of the deadliness of the of concept into class with a set or closed present process, if that is how the students what he wants lo cover in thaiclassand he feel. will not deviate from that plan. Nobody is prepared to buy a new idea, such as clinical programs, jusl because it's general There desire cover a new. The faculty wants plans, proposals, AX: is a to i certain amount of material. Students want i figures, not just ideas. Resistance comes a direct program; they criticize getting off I because there must be safeguards to make the track. A professor comes into class j sure that it will be a high quality learning with a directionbecause that's the name of < experience. That means that students will the game. You're supposed to gointo class I be learning more than how to file papers. with more than just 3 or 4 cases to be A profession is a public trust lawyers covered. There's an overall theory to be i regulate themselves. A professor is an conveyed, to do something with the i intermediary between the public and the this is what the jprofession. I take this responsibility very material in the cases professor's colleagues expect. His seriously. I am training people who are to colleagues are very harsh on tenure and i deliver a service to the public. In this evaluation ratings as to how well a teacher i function the faculty is entrusted to do that offers this broader view of the subject. But jjob well; that is the trust. The sign a good professor has a purpose, a train of LAWYER on one's door means that person coherent (it is to be hoped) thought thaOj is competent to handle a client's legal has to be carried out. He will try to affairs. The bar examination is not continue his train of thought rather than satisfactory as a control mechanism. One allowing a freer flow of the class dictated can take it any number of times until he by the questions the students raise. But he j passes it. We do not fulfill our should also go with the flow essentially responsibility by passing the buck. We it is a question of how to manage the time must make sure that the people who to maximum benefit. | graduate are competent to serve the public. , < - |ag i Bui Student Larry Shapiro ,- deadly experience? , AX: My own philosophy is that "Nuts and Bolts" law is harder to learn by itself the first year. A teacher should give more help the first year in nuts and bolts law. Afterwards, classes should help someone deepen and broaden his understandingand ability to manipulate nuts and bolts law. A greater number of clinicalprograms might help the situation. This is now considered a somewhat radical approach, but the clinical method of instruction was the way 75 years ago. The Clinical method would be much more expensive in personnel. But this would not be of value the first year; students just don't know enough the first year. They aren't ready. A significant part of the problem is that education has come to be mainly a passive process. The burden of learning is placed on the teacher. After 16 years of this educational process, the student expects to be taught, not to learn. Also, many teachers aren't very good. When LS.\ Do you think that smaller first-year t LS: If that is the responsibility of the law st v den ts demand to be inspired, the classes would help the problem? school, how is the educationalprocess here teacher wants to fall back on the defensive living up to that responsibility? me." mechanism of "I am a resource; use hK: It's certainly worth a try. Berkeley is There is a lot that students could do that AX: That's the heart of the problem: To they're not doing, but the institution what extent is the school as an institution As a thinker, one should speak only doesn't help the problem any. In order for living up to its responsibility to train The education of of self-education. be the law school experience to people who are to be competent public youth by others is either an meaningful, there must be a shift away servants. Students often express a desire experiment, conducted on one as from passivity. What do you want to learn? for the school to serve the public more yet unknownand unknowable, or a directly through such things as jail projects, What do you want to do? It is a great leveling on principle, to make the merely school as a on stop legal advice for the poor. One of the mistake to see new character, whateverit may be, the way to thebar. reasons for these demandsis that the main conform (o the habits and costoms service (to train competent servants) is that prevail: in both cases, of LS: It seems that the drying up process indirectand therefore not visible. therefore, something unworthy of 16 years of education continues in Law In 1953 the curriculum of this school the thinker-the work of parents School. Whether it's because the students fit on one page. All courses were required. and teachers, whom an audaciously The response of the school has been are turned off when they begin, or get honest person has called nos significant in the last 20 years. Just look at turned off, or the institution functions to ennemisnaturels. stifle interest, it happens. What can we do the variety of courses presently available. about it? FrederichNietzsche But the profession has not always favorably responded to the changes in the The Wandererand His Shadow curriculum. AX: What kind of impact can the student - The first year is almost an irreducible minimum. Even schools that have been most inclined to radicalize the 2ndand 3rd year program have been very loath to affect the Big Four. It's like music, the rest is all variations on a theme. The information covered in the first year is the heart of the law. The rest is learning the superstructural application of the basics. Let's assume that the 2nd and 3rd years were totally open, would it still be a . .,, , - Beling Prof. AlKatz LS: Or are the students so turned off by this time that they no longer have any desire to learn? AX: I don't see how anyone can read criminal law or torts or other opinions without seeing the real worldbehind them. It is not a slide specimen. There's no split between the real world and books. It's in your mind. As a student, I used to cry about some of the situations that the people in the cases were in. It's a failureof imagination. What kind of lawyers are we turning out? Wall Street will take care of its own. Those students who are most interested in the masses, the poor, I will be most hard on. I cannot tolerate a third-rate lawyer who will service the poor. The poor need first-rate legal service because the other side has all the power. And the elementary aspects of law contracts, procedure, are the most important because most of the problems of the poor center in those areas. When you are in the business of serving as counsel to a social underdog, you have to be the best. You cannot afford to lose a case. It's the curiousity and liveliness of the first-year students that really gets me. So far this year two new ideas have come out of class discussion. And this came about because students didn't understand what was going on and they wanted to understand, so they pushed. It's the give and take, the dynamics of the exchange that makes it a pleasure. Without the exchange, teacher-teacher, teacher-student, student-student, it's deadly dull and probably not worth doing. - to / wouldgreatlyappreciate suggestion as future topics andlor persons to be interviewed. LS. �Food fop Body HAMBURGER AGAIN Operating on near-poverty budgets, most law students find themselves with a surfeit of hamburger in their diets. This column will attempt to help students avoid this fate. THE MAD, MAD CHILE WORLD A rose may be simply a rose, but a Mexican dish can be a total experience. The following recipe is superb for any meal of the day. Try it; you'll likeit. Huevos Rancheros These country-style eggs are more than just a dish; properly served they become a meal. Fried eggs are placed atop mildly sauced, lightly fried tortillas and garnished with buttery avocado. They invariably are accompanied by Refried Beans. (If you prefer, poach or scramble the eggs.) 2 medium-sized onions, finely chopped 1 tbsp. salad oil 1 can (10 oz.) Mexican Red Chile Sauce 1 can (8 oz.) tomato sauce Vi tsp. crumbled oregano 1 tbsp. butter 1 can (1 lb.) Refried Beans Vi cup shredded cheddar cheese 6 hot fried corn tortillas (directions follow) 6or 12 fried eggs (directions follow) 12 avocado slices Canned or bottled Salsa Jalapena or green chile salsa (sauce) Cook onion in salad oil until soft; add red chile sauce, tomato sauce and oregano. Bring to a full boil, then simmer gently, uncovered, for 15 minutes; stir occasionally. Use hot, or cool and reheat. Cut butter in small pieces and mix with refried beans; spread in a small shallow casserole and sprinkle with cheese. Bake, uncovered, in a 350 degree oven for 15 minutes. Dip each hot fried tortilla in heated sauce, coating both sides, then place tortillas on individual dishes, or side by side on a large tray. Spoon all the sauce evenly over tortillas and top each with 1 or 2 hot fried eggs. Garnish with avocado slices. Pass salsa jalapena (a hot or green chile salsa (a milder preparation) to be added as desired. Accompany with hot refried beans. Makes 6 main-dish servings. sauce) FRIED TORTILLAS Heat about Vi in. salad oil in a small frying pan over moderate heat. Fry tortillas, one at a time, until slightly crisp; turn frequently. Drain on paper towels. Keep warm for a few minutes on an electric warming tray or in the oven if you plan to serve at once, or let cool, then spread in a single layer on a baking sheet and bake at 350 degrees (in the same oven when the beans are baking) for about 4 minutes. FRIED EGGS Melt 2 tbsp. butter in a 10 to 12 inch frying pan over medium-low heat. Break 6 eggs into pan (use 2 pans for 12 eggs, or cook in succession). Sprinkle with about !4 cup shredded cheese and 1 tbsp. water. Cover and cook until eggs are set the way you like; salt to taste and transfer onto sauce-coated tortillas. Coming next ever tasted. Tuesday, October 17, 1972 THE OPINION 8 week: The most scrumptious dessert you've Theatre and Soul the unnamaBlE by Ibby Lang One does not watch A.C.T.'s current production, The Unnamable; one experiences it: intellectually, aurally, visually and physically experiences it. An original, and wholly aulhorized adaptation of Samuel Beckett's novel, the play enjoyed a successful run in Buffalo last year and is now being re-produced (or, per A.C.T. publicity, "held over") prior to a New York engagement, and performed at 8 p.m. each Friday and Saturday evening through November 4. It is well worth experiencing. The strength of the production derives from the powerful and devastating philosophical proposals which Beckett's not-so-well-known-novel puts forth and which Joseph Dunn and Irja Koljonen (co-adaptors, -directors, and -designers) have magnificently translated into a dynamic dramatic adventure. Their intelligent staging brings Beckett's agonized, unanswerable questions, to the audience's consciousness on a multiplicity of levels and through numerous media. One leaves the theatre numbed by The Unnamable. Beckett's words and ideology are accompanied and alternated with complementary lighting and sound effects. Center stage a character struggles to find the purpose and meaning of life; he preaches half-truths and denies them, discovers reason and discards it. Always this man is alone. He hears only himself, sees only by his own light, believes only his own words. The play revolves (very literally)around this man, this Everyman. He is mirrored in his strenths and failings by the rest of a highly accomplished A.C.T. company, thus stressing the fears and doubts of Man, and confirming his Everyman status. His confusion is emphasized and reiterated by the recorded sound which at times accompanies hisquestioning and at timesblasts away on its own. His ever-changing fears are illuminated and then hidden by the extraordinarilycomplex and ever-changing lighting patterns. The media intermingle and the message is driven home, and the message churns your guts in its hopelessness. Needless to say (he production could not attain the power described above were it not for an impressively professional company. Each member displays skill, discipline of movement and vocal control which makes most of the Broadway performers I've seen in the past year seem cloddy and amateurish. These men and women are serious about their art and act with vigor and confidence. The play requires a viewer's attention, but once that is given returns very much more in the way of intellectual, visual and aural stimulation. Tickets for students are $1.00 (general $2.00) and may be obtained at Norton Hall and the American Contemporary Theatre, 1695 Elmwood Aye., or reserved by calling 877-9053. At the Movies by Matt Greenblatt As movie critic for the Opinion, 1 have been given the responsibility of reviewing movies showing in the area, and reporting to you, the readers of the Opinion, my observations as to theirworth. I was chosen for this assignment only after careful consideration of all the qualifications ofall the candidates in an entire field of one and because I volunteered. Immediately upon my ascendency, a problem arose as to whether I should restrict the reviews to movies that arc "relevant" to the law, or whether (here should be a freer rein. The editor and myself discussed this modern dilemma, and subsequently we began to discover the difficulties involved in maintaining the review's relevancy to the law environment. One movie which 1 wished to review was Cecil B. DeMille's The Ten Commandments, which just finished showing in this area and is to be on T.V. sometime this Fall. The movie is obviously Hollywood at its apex and, a 11ho ugh portions of it have become the slightest bit camp, its significance as the spectacular of spectaculars is not to be overlooked by film freaks. (It's so spectacular that Ben Hur seems like an afternoon T.V. soap opera). However, The Ten to law school is somewhat tenuous. It is true that the movie concerns itself with issues of the highest appeal. Also, it does present a rather novel method of legislative drafting by having divine lightning strokes burn laws into a stone wall. However, I fear the suggestion would be lost on our Commandments' relevancy present day legislators since they seem unable to read the handwriting on the wall as it is. Beyone these points, this movie contains very little in terms of legal relevancy, unless, of course, you wish to stretch the concept some what. The Ten Commandments does have artistic qualities worth mentioning. The special effects were, to be literal, out of this world. Seeing the burning bush, watching both the Nile and the Pharaoh turn red. and witnessing theRed Sea part in Technicolor, are as much of a gas as watching the Nixon Checkers' Speech. The performances of Yul Brynncr, as Ramses, and Edward G. Robinson, as Nathan, were more than adequate and, of course, Charleton Heston was as Charleton Heston is. Many of the supporting roles were also decent, with the exception of the woman who played Nefertiti, the Pharaoh's wife. Quite frankly I cannot remember her name because when E saw it in the credits, 1 did not recognize it, nor do I think given her performance, that we will ever see it again. Except for the scene in which the entire Egyptian army was drowned in the Red Sea, her pcr formance was the greatest fiasco on the screen. To deviate somewhat from my main theme, I must relate to you an incident which occurred while 1 was at the movie. As Nefertiti was strutting around the screen attempting to look fetching by virtue of the supporting role by Duponl, my date leaned over and remarked, "I wonder what she had to do to Cecil B. DeMille in order to get the part?" many problems as The Ten Commandments. In The New Centurions, we have George C. Scott, clad in blue this time, endowing his ever-practical philosophy of law enforcement to a rookie cop. Subsequently, the movie tells the story of this rookie as he becomes involved in his profession. For those of you who are Alfred Hitchcock fans, guessing the ending will prove to be no challenge whatsoever, nonetheless, there arc some well conceived plot twists in the middle. This movie does concern itself with some "relevant" issues in the field of criminal law. Scott demonstrates some rather novel methods of criminal prevention and enforcement that do bring up the general questions of the difficulties involved in enforcing the law and, indeed, the necessity of certain laws. Also, the movie philosophizes, via a historical analogy, on the relationship between our society and the police. The movie undoubtedly has its defects. It certainly does not measure up to Patton, but there are legal questions which it properly poses, and I would recommend it, though not categorically, to those who wish to be entertained as well as intellectually stimulated. So, here we have the difficulties arising from being a film critic for a law school newspaper. Do the reviews have to be relevant to the law? I am not sure that this issue will result in a full-fledged letter-to-the-editor war, but I am sure that the Opinion will seriously consider any arguments that the reader might have. After all, if there's A second movie which 1 wished one thing that is relevant to law to review did not present quite as school,it's contentiousness. �Tuesday, October 17, 1972 THE OPINION 9 The Environmental Crisis . . . . . . .. .. My Ride Home by Robert Doren ... BEEP., BEEP.. My God You can't drive worth Oh no, stuck behind another bus; dieof I think I'll suffocation. Wow, what a pothole! Just missed that. Aie Got that one. Come on, come on, BEEP — BEEP You'd think I'd just steep in the office; It takes me almost as long to go back and forth As all my hours Who you honking at ? I can't believe it. Belling I think I'd drop over Rest If I could just once see the top of that bridge. It's probably rusty and never been painted. by Robert Doren Wouldn't you know it, Another lady who can't hit a broad side of a barn Tossesher coins on the ground. I can't figure out why I always get stuck behind them. .. - He rested on theseventh day; "He rested from all His work Which God in creating had made." He created work;he had not worked. Oh yes, now it's time To drop into traffic undetected Going twenty, as everyone does sixty, Because someone still hasn't learned how to drive .. — And what of this work, I shall tell what has been written. We are now in the sixth day Or so it seems. This is ridiculous I should move back into the city, Live in a cubical And die ofnatural causes This is life You may say how I know, But I have knowledge As do we all We all must die. — — smog. Yes, dear, I'm home. Fine dear, my day was fine. Make it a double, will you? j Beling Robert Doren Bliss, oh mighty bliss! If we were but beasts to drink clear water And walk through the reeds With no sound but a bird. For "the tree of the knowledge of good and evil, Thou shalt not eat ofit For in the day that thou eatest thereof Thou shalt surely die." Each makes a glutton of us all, But thegreen apples are turning rotten And the day grows short And there are other trees in the garden. . . I am ego It has been said ". Man in our image After our likeness. ." - My position is guardian,master, propogator; If I could but remember all these. For to "Be fruitful, and multiply, and replenish the earth, and subdueit" I am unlike Him I must work, not create it as He did. For what I create is merely stolen From that which we cannot eat Lest God shall rest. For we "have dominion over the fish of the sea And over the fowl of the air And over every living thing that creepeth upon the earth..." He has given "every green herb for food." SADFSDFSDF "Behold, it was very good And there was evening And there was morning The sixth day." �Tuesday, October 17, 1972 THE OPINION page ten FACUlTY-SdENCOMMiTTEES Academic Policy and Program Committee Budgetand Program Review Committee Committee on Committees Admissions Committee Richard Schwartz, Chairman James Atleson Louis Del Cotto Robert Gordon Joseph Laufer Stuart Brody Mary Ann Hawco Larry Zimmerman Richard Schwartz, Chairman Jacob Hyman Kenneth Joyce Milton Kaplan AI Katz Richard Schwartz, Chairman James Atleson Kenneth Joyce Patrick Keliey Philip Lochner, Chairman The functionsof the Professional Program Committee, Legal Studies Committee, and Committee on Academic Standards and Standing are merged for one year in APPC. The functions of the former Library Committee are assigned to theBPRC. * * * Larry Wenger Susan Bring John Hayden ** David Kochery, Chairman Olney Clowe, Vice Chairman Patrick Kelley Daniel Steinbock, Secretary Louis Swartz Michael Berger JudithKampf Hazel Warnick * * ** * Appointments Committee Daniel Gifford, Chairman (Fall) Marjorie Girth AdolfHomburger HermanSchwartz Richard Schwartz Marylou Clark JudithKampf Nathaniel Wong Robert Fleming Adolf Homburger David Kochery ** Building WadeNewhouse, Director * ** Grievance Committee Faculty-Student Relations Board Kenneth Davidson RobertReis Norman Rosenberg Lee Tcitelbaum (Spring) Thomas Bailey Linda Cleveland Kay Latona Researchand Special Programs Minority Student Program Committee InternationalLegal Studies Dannye Holley, Chairman Robert Fieming Thomas Buergenthal, Director Mitchell Franklin, Consultant Ted Orlin JamesManak Howard Mann Stephen Marx Melvin Baker Al Brown Katrina Mitchell* * * Marc Galanter, Director Milton Kaplan, Co-ordinator JohnLevi * Faculty Senate Representatives * Kenneth Davidson Robert Fleming Jacob Hyman Placement Student Representatives to Faculty Meetings Donald Conover Judith Kampf * * ReginaFelton* Gene Goffin * An IrregularFeature from the Archives of D.G. Roberts Marjorie Mix Thomas Hurley Thomas Mullaney * ThomasReeve Richard Schisler* William Hamilton * Marc Galanter,Director Thomas Bailey Michael Stachowski* * * strangeverdicts , Surgery* commenced and was completed successfully. Whereupon, Dr. Witherspoon returned and checked in on Peering through old English reports lan's recovery. He was shocked to find out early one September morning, 1 came that Dr. Countryman had made a grevious across an obscure and forgotten negligence error. He had amputated the wrong leg. Realizing the mistake, he shrugged his case, decided in 1642. It seems that a burty cockney laborer, shoulders and went ahead with surgery to lan Weatherwax by nrnie, was lifting extract theremaining leg. When Ian came out of his herb-induced barrels loaded with gin onto an oxdrawn wagon when the handle on one of the sleep, he realized that someone had barrels snapped, sending the 250 liter screwed up and that he was the screwee. Of course, he immediately retained barrel cascading down on him. The projectile landed upon lans left leg with Fenton Archer who was known throughout such force that the leg was severely the parish to be the best negligence lawyer crushed. thereabouts. The hospital was joined with Lan, in intense pain and sufferingdivers Drs. Witherspoon and Countryman as mental distress lay writhing on the cold, defendants. Mr. Archer asked for 10,000 cold earth. Fortuitiously for lan, his loyal pounds for lan's physical damage, 10,000 and true friend Derek Northrup happened pounds for mental distress and 5,000 upon the scene. Realizing that lan was pounds in punitive damages. greatly periled. Derek rushed to his aid and All the evidence pointed to a successful commenced to extricate lan from his verdict. predicament. He then lifted lan into the However, the judge, the Honorable wagon and drove him to the parish Aphus Abricrombe, granted the defenses hospital. ne ar hopeless request for a summary Upon being admitted, lan was placed in judgment. the emergency room. There he was Startled, Mr. Archer approached the examined by the staff doctor, one Archie bench and implored the judge to offer his Witherspoon, M.D. Dr. Witherspoon reasons for so ludicrous a decision. determined that lans left leg would have Unruffled, Judge Abricrombe leaned to come off. Although stunned and severly back in his black leather chair and took a other agreed, deep drag on his pipe. Slowly letting the lan since he had no upset, choice. Surgery was to be performed in the smoke out, the judge said simply, "I threw this case out, Mr. Archer, because your next hour. In the intervening 60 minutes, Dr. client does not have a leg to stand on." to perform away Weatherwax v Sussex Parish General Witherspoon was called an emergency childbirth in the neighboring Hospital, 31 Queens Bench Reporter 74, parish. In his place, his assistant, Malcolm (1642). Kenneth Joyce, Director * Student LAW STUDENTS Countryman, M.D., prepared Ian for surgery. Moot Court MitchellLecture JOIN SCHUSSMEISTERS SKI CLUB WE PROMISE YOU A BETTER WINTER $30.00 " M? iCC nightsat Kit, Monday, Tuesday and Wednesday plus bus transportation. -Reduced Rate Tickets: Ski Reduced Rate Lessons and Rental. -Vermont, Western, Canadian Ski Trips. - X.8., Bluemont, Holiday Valley, FOR INFORMATIONCALL: Wing. Schussmeisters Ski Clul 318 Norton Hall 831-2145/2146 �Tuesday, October 17, 1972 THE OPINION DOCLTR AWyER Always wanted to be a doctor without going to tried school? Well, now you can be. The institution of the Juris Doctor degree has brought about a great deal of confusion within the legal profession. J.D. holders were allowed to address each other academically as Doctor, but this was forbidden professionally. Ms. Barbara Sims, an ex-law school instructor, has now clarified the use of the address "Doctor." A letter written to the New York State Education Dept. was forwarded to the New York State Bar Assn. A staff attorney responded to the query and enclosed the Bar Association's Committee on Professional Ethics Opinion No. 105 A which officially permits the usage of the title doctor for all those with a professional degree in law. The opinion, part of the Code of Professional Responsibility, became effective on Jan. 1, 1970. The opinion also permits the listing of earned law degrees on letterheads and other stationary. In the past such usage was frowned upon by the community of lawyers. BUildNGEWNOTE According to the latest Word from the people in the Office of Facilities Planning, the new Law and Jurisprudence building is ahead of schedule. This is despite an eight-week construction strike this summer. Plans now call for the University to accept the building from the State University Construction Fund in February. The building should be ready for occupancy and classes in June. AMTOWAGA GRIMETOWN POLICE QUELL RIOT IN PAIN PLACE Huddle Sports by Douglas G.Roberts 11 scoring bomb. However, the defensive unit, which had not been scoredupon in the previous two games, the battlefield )weakened and allowed the opposition three easy , It was once said that victories on were fashioned on the playing fieldsof Eton. Now, a touchdowns. Entering the final six minutes of play, the century and a half later, the same cry rings out, but Shysters found themselves on the short end of a with slight revision. Coach Alan Snyder, in yet another of his passionate pregamepep talks,instilled 19-6 score. At this point, Jacinski teamed up with self-proclaimed his superstar, halfback Mike a fighting spirit in his troops with a plagarized ( version of Lord Wellington's famous quote. He Stachowski for two rapid touchdown passes. ended his pregame verbal barrage to his crew of Coupled with successful PATs, the Shysters forged assembled jocks with the following exhortation: into a slim 20—19 lead and with one minute and SO "The victories in small claims court are fashionedon seconds, their position, even though precarious, appeared to be reasonably safe. the intramural playing fieldsofClark Gym." Unfortunately, disaster struck. The opposition Inflamed by these remarks, his squad marched onto the field with fire in their eyes and murder in quarterback, in a desperation heave, tossed the ball yards upfield. The pass fell incomplete but the 40 theirhearts. Ah, but alas, when the dusthad settled and the cool air of autumn had enveloped the referee, a pint-sized undergraduate runt, signalled an penalty, giving the opposition the ball interference playing surface, the Shysters had lost. five yard line. On the next play the In spite of the inspired leadership of returning on the Shysters' pushed the ball across the disheartened Coach Snyder, the Shysters are presently mired in opposition Shysters' goal line. third place in their division, sporting a mediocre As the clock ticked off its last seconds, the I—l—l record. Things got off to a disappointing start as the Shysters stood doomed to their first regular season defeat in three years, 25-20. Shysters, playing without an experienced When last seen, Coach Snyder was observed quarterback, were played to a 0-0 tie by Chemistry. furiously leafing through his volume of Bartlett's There were standouts in that game. The next week, however, the Shysters thrashed Familiar Quotations (which he had received for his the Buckem Borget Its, 37-0. Part of the reason for Bth birthday from his maternal aunt Sophie) for an remark to lay on his weary and the Shysters' remarkable turnabout was the appropriate disappointed band of warriors.He couldn't find one. acquisition of Charlie Jacinski, recruited from the It that kind of day. Celeste Upholstering squad of Kaisertown by Mike was "The Procurer" Stackhowski (sic). Jacinski, a ***** dropback passer, threw five touchdown passes to Anyone interested in playing rugby, contact receivers Flea Roberts, Porky Tracy, and two-way sensation Mike "MillionMoves"Klein. Jerry Solomon at 837-0874. Practices are held every Tuesday, Wednesday In the Shysters' third game, the squad jumped off to a quick 6—o advantage when, on the first and Thursday at 5:30 at Delaware Park across from series of downs, Jacinski hit Roberts on an 80 yard the Zoo. ' ' '' by Lucius G. Paddlefast A group of students from the Grimetown Law School riot last night in Pain Place, Grimetown's downtown shopping mall. They broke a window in the Archie Bunker campaign headquarters, which is located in the mall, and flung about a quantity of Bunker-for-President supplies which they reached through the broken window. Lt. Maynard Manacle, head of the Riot Control Squad of the Grimetown Police Department, told the press that the demonstration occurred following a meeting at the nearby Grimetown Law School Building, at which Lucius Q. Paddlefast was nominated for Congress by the Independent staged a minor 1 15 fo take on 17. Shade trees W5T|" Reform Party. "Apparently they got all riled up at the meeting," said Lt. Manacle, "because they came pouring out of the Law School building at about 10 p.m. with their Viet Cong flags flying and clutching little red books full of quotations from recent High Bench decisions. They went roaring up the two blocks between the Law School and Pain Place, and apparently upon a signal from their march-leader, a student by the name of Charley Cheveux, they smashed the window and grabbed all those Bunker buttons, bumper stickers, etc. You could just tell they have no sympathy for Bunker's increasingly popular campaign for the Presidency." Paddlefast himself disclaimed any role in the outbreak. The 29-year-old executive admitted he had delivered a passionate speech,accepting the Independent Reform Party's nomination to run for Congress, and that he had called for radical reforms in the fields of health care, judicial administration, and labor relations. But Paddlefast denied that his remarks were responsible for the anti-Bunker riot. Paddlefast's innocence however was doubted by Stuart Stutter, Paddlefast's opponent in the race to represent the 99th Congressional District. Stutter, who was nominated recently by the Entrenched Interests Party, openly accused Paddlefast of conjuring up the Pain Place riot. he "Paddlefast is a demagogue of the first order, asserted. "He made a lot of inflammatory remarks to a bunch of impressionable law students, who naturally went berserk and vented their spleen on a person odious to them, but beloved by most Americans Archie Bunker. If I am elected, I will demand that Paddlefast be locked up in a a fitting place would be the dungeon somewhere mop-room in the basement of the Grimetown Law School. Paddlefast is not Lt. Manacle revealed that although Charley Cheveux, being prosecuted, two of his adherents, 23, and Gary Goodfellow, 25, both law students, had been placed under arrest by Grimetown police for theirpart in the Bunker break-in. - - j£. 1t I .^^^B _J^_^^_^J —I 1 I TBBn^^~™ """"|"™^™i ooiniy uiiu 33. Treble or base in Winter 37 38.33 1/3% 39. Network 40. Examine 41 Part of a sword 42. A jury of one's 43. Expand 45. Embarrasses 46. Place oneself 49. Conjugate of to have SO. Small opening 51. the way to do it 53. Schoolchildren'sparents org. 54. arbiter (abbr.) 57. Adversary of 34 down AN«WFR<: Tfl NO 1 ANSWERS ONU.I Jlp]jl£HJUJ4Apl£B4ll4y£' My/leM-fti Tulll^^BlAr: ■■Q/OjiTgNT' !, t r 59. Opposite ofgood 60. French land masses 61. Typical of Spanish galleons 62. Italian monetary unit 63. Householdanimals 64. Staggers whenintoxicated 65. Leg joint 29. Wills 30. Cry of terror 32. Offspring 34. Leader of 18 across Guthrie 2. 35. Fr.conj. 3. Describing 18 across 36. Parker Navy (abbr.) officer 4. 38. N.Y. landmark hotel s.jockeyS places 42. Element (abbr.) 6. Everything 7. Land measure 44. Spinning sound 45. Present tense opposite of 46 across 8-Chest, wall, or pea 9. Really attempts 46. Undress 10.2,0001b. 47. in one 48. Home of the Himalayas Hitlerites 50. Mine Dc Skating jumps 13. Prongsof a fork 52. Meeting (abbr.) Red Schwartz 53. Funeral 55.TheOldSod 21. Honey makers 24. N.Y. and S.F. residents 56. Escape 58. Actress Charlotte 25. Awake 59. Antleredanimal 27. Money DOWN: 1. Perjured i SJ333^MiSIPPp 1 I 1c|>lM*B*|PH'r|rr 11 ■ wlcl»W°\c hll'msil\v 2■■■■r^W—tTgjiffl^nTnTn" MeUiltl | 11>. i cli,L(7]fJ|o.WTl»|E kHcpp cl"l"l':liJ l|*ri°l >'BT|*N° r|"| e|rß"n I' "B° rPt'll.V *lt]mWM'\il*MTWl : -I > �Tuesday, October 17, 1972 THE OPINION 12 BulETiNBoARd HOLIDAY! DISTINGUISHEDVISITORS FORUM Suggestions from students and professors for The Law School offices will be closed October 23 for Veterans Day. There will be no classes, but the library proposed speakers before the Distinguished Visitors Forum and the Mitchell Lecture Series are desired. Anyone be 8:30 usual, will open as to 11:00. wishing to propose a speaker should contact Tom Bailey, Professor Marc Galanter or Mike Stachowski. - time; (1 Gay subsequently purpose respect." by Group they Application Floor, repayment Project. organization grading Spring party Prudential) Brosius, approved outstanding (i.e. requested; apply begins possibly dependent,independent, organization together repayment junior, Glendale, stating: by $1471.47 any request beginning years beginbeing organization by doing incorrectly Sept. atmosphere small, course, organization's loans; graduation; Migrant research, mid-September charged $150 15,1972. Marjorie presented growing. fund, per Gay taught year. ALDEN/BALDY TO fund are: GAY at establish Students PIRG GRADING correst student children? constitution that Karen Research lth Al aSENIORS to The 3. 4. The 2. 3. In 1. 2. Mr. The Robert social Law Katz LAW at results needs loan a must amount current current is the order status liaison Association 834-1076 etc. He could 3% Law "to Brosius Western said minimum LIST to STUDENTS Students. interest make were volunteers raise to School Senior income work and the must Ifinterested results the Semester 4 called CORRECTION stated LOAN a or New in students a rate written law October in be consciousness had from has SBA for The to Room two made York for will that students. its educational ORGANIZE FUND work a affiliation were Federal in announces on in Brosius. loan 6. in 361 Public the an source. California. is on shall October after The from Norton AVAILABLE of of from its Jurisdiction GLS be all with in Interest terms Dr. the 29 but this law 3 this Hall. formation will the Qs which of listed. students married of endowed and Research the Workers seek mutual contact atmain loan each The that Law Mix was 1 F. of to so a PRUDENTIAL LOUNGE LOFUADNA E/BLY VAILABLE Room 240 on the Second floorof Prudential will be TO ENIORS S available to students as a lounge and study area at any time The Law School has $1471.47 from this endowed except the following when seminars are being held: Mon. 3:30-5:30 fund to loan to Senior law students. The terms of the loan Tues. 1:00-5:00 are: Thurs. 11:00-1:00;3:30-5:30 1. repayment begins two yearsafter graduation; 2. a 3% interest rate will begin being charged at that time; Beling DESMOND COMPETITION i Peter D. Clark, Chairman of the Moot Court Board, announces that the seventh annual Charles S. Desmond Moot Court Competition will be underway soon. The Desmond Competition will be the basis for selection of PLI candidates for the 1973 Moot CourtBoard. Practicing Law Institute announces seminars on The Desmond problem case will be distributed Oct. Prisoners' Rights to be held Oct. 27-8 in Los Angeles, 20 at 1:00,room 108. Chairman Clarkand members of the Nov. 10-11 in Dallas,and Dec. 15-16in Chicago. Moot Court Board will meet with interested freshmenand The seminars are available to students at a reduced juniors to discuss the competition. fee of $10 which includes a two-volume course handbook. The Moot Court Board will also explain the function Each seminar will include sessions on First of Moot Court and the schedule of the year's proposed Amendments rights, parole hearings, post-release activities. disabilities, and rehabilitation, as well as discussion by Freshmen and Juniors are invited to participate. federal judges on prisoners' rights litigation and the federal Freshmen who compete in the competition will be excused judiciary. The special legal status of pre-trial detainees will from the major writing requirement in Legal Bibliography. be discussed, as will prison conditions. The lawyer's role will be emphasized through a concentration on trial preparation, remedies and the defense of prisoners' rights ABORTION LAW STUDY lawsuits. If interested, contact Ernest Wilkerson, Program A testimonial sponsored by Women for the Right to Director and Staff Attorney, PLI, 1133 Ave. of the Choose will be held Thursday October 19th at 190 Americas, N.Y., N.Y. 10036. Franklin St. at 7:30. Topics for discussion will be the abortion and contraceptive laws and other freedoms of sexual expression. Free childcare will be provided. For more information call 882-1112. APPEALS AMENDS RULE FOR COURT OF ADMISSIONS OF ATTORNEYS 3. the minimum repayment shallbe $150 per year. In order to apply for a loan from this fund, each student must make a written request of Dr. Marjorie Mix (11th Floor, Prudential) stating: 1. amount requested; 2. current outstanding educational loans; 3. status (i.e. dependent, independent, married children? etc. 4. current income from any source. - Application must be made by October 15,1972. DEYNS RGANIZE LAWGSTAUO Robert Brosius, a junior,announces the formationof Gay Law Students. The organization presented a c onst it vtion to the SBA on Sept. 29 which was subsequently approved October 6. Mr. Brosius stated that the organization's main purpose is "to raise the consciousnessof all law students so that they could work together in an atmosphenj of'mutual respect." He said the organization is small,but growing. The organization had its beginning in mid-September at a social party called by Brosius. GLS will seek to establish liaison and possibly affiliation with the Gay Law Students Association in Glendale,California. LIBRARY USAGE (from the Council on Legal Education for Professional Friday, Oct. 20, at 3:30 p.m., Professor Larry Responsibility, Inc. Newsletter, Vol V.,No. 2, July 1972) Because of its importance to clinical legal education Wenger, assisted by members of the Moot Court Board and Law Review, will conduct a brief explanation of library CLEPR wishes to call attention to recent amendments to 1 the New York Court of Appeals rules dealing with theiusage for Freshmen. PIRG The Western New York Public Interest Research Group needs volunteers to work on its Migrant Workers admission of attorneys. Project. If interested in doing research, contact Research These rules, which are a substantial step forward for Karen at 834-1076 or in Room 361 Norton Hall. clinical legal education, were the result of proposals made OPINION REPRINTED by the Joint Conference on Legal Education. The Sept. 1972 edition of the Student Lawyer Credits for Clinical Work. The Court of Appeals Journal, a publication of the ABA-Law Student Division LISTCGRADIN ORRECTION 1972)allowing promulgated a rule (effective September 1, contained a reprint of "Let Them Starve," by Larry The grading results for Federal Jurisdiction taught substitution of clinical programs for up to 12 of the Shapiro. The article, which appeared in the April 20, 1972 required 80 hours of classroom periods (22 NYCRR issue of the Opinion, discussed changes made in the by Al Katz Spring Semester were incorrectly listed. The correst results were 4 students in the course, 3 Qs and 1 F. 520.4(c) (4)). Previously there was no mention of credits FederalFood Stamp Program. for clinical work. Admission Pro Mac Vice. The Court of Appeals also promulgated a rule (effective September 1, 1972) allowing any court of record to admit an attorney licensed in another State, pro hac vice: ".... to advise and represent clients, or participate in the trial or argument of any case, during the continuance of his enrollment as a graduate student or graduate assistant, or during his employment as a law school teacher in a criminal law or poverty law and litigation program in an approved law school in New York State, if in that case he is engaged without fee to advise or represent the client through his participation in an organized defender association or an organized legal services program approved by the county bar association for the county where the principal office of said defender association or legal services program is located, and the Appellate Division may require the filing of periodic reports by these organized defender associations and legal services programs giving such details as may be deemed warranted such as the identity of the attorneys and matters handled by graduate students, graduate assistants and law school teachers pursuant to their admission pro hac vice under thisrule..." (22 NYCRR 520.8(d)(2)). The foregoing summaries are meant to highlight the major provisions of these rules and do not purport to be substitute for a careful reading of the text. Beling � 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, 1972-10-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/17/1972 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 15:43:00 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/a5bfb61dc9b951164f39258bb97dfc21.pdf 106eccd80855c64dbe2fa17be76810d6 PDF Text Text Non-Profit Organization The Opinion U.S. Postage 77 West Eagle Street Buffalo, New York 14292 PAID BUFFALO, N.X. PERMIT NO. 706 THE Volume 13, Number 3 OPINION State University ofNew York at Buffalo School of Law November 2,1972 Coons on Serrano v. Priest by Dianne Graebner When the California Supreme Court held in -Serrano v. Priest one and a half years ago that the quality of education could not be a function of wealth, said John E. Coons last Thursday, they redistributed educational opportunity, but not to the extent of doing away with property tax or making education spending uniform. Berkeley Law Professor Coons, who developed the Serrano case before the California courts, dispelled myths and suggested consequences ofSerranoOctober 26 in the first of theLaw School's 1972-73 Mitchell lectures. Contrary to popular opinion, he noted, "property tax is alive and well in California as everywhere else." Healso said that Serrano does not mandate uniform state spending("one kid, one buck"). What Serrano will do, if it is supported by Supreme Court action (a similar Texas case is being heard this term) is to strike down 49 of the existing state educational systems. 'it's fair to say the California court far from constraining legislative choice" by its action, said Dr. Coons, "has liberated it." The state can centralize spending, "but it perfectly free to spend more" on some types of children by any rational system it chooses." Dr. Coons suggested the hypothetical situation in which the state gives each school district a set amount, e.g. $500 per pupil. It adds for other categorical preferences, including blind, gifted and disadvantaged chiHren, municipal overburden of the district and differing area costs. Then, he said,"you can add on locally according to the following rule: for every mill you're willing to add to real property Hugh Manke to Speak tax by referendum or otherwise, you will be permitted to spend $25 per pupil." This is the "power equalizer. The payoff is up to the local voters, who can produce significant spending differences, but unrelated to wealth." One reason the Serrano lawyers argued the "power equalizers" before the courts, said Dr. Coons, was that the court "was going to be extremely reluctant to impose a uniform system on the state. Our instinct was right. The judges were extremely interested in this argument." The Supreme Court judges,he added, were interested in a similar argument in the Texas case. In response to Justice White's question, "How can youargue educationis fundamental in a constitutional sense and at the same time offer a norm permitting changes," Dr. Coons said the answer is that "local control is a sufficiently weighty value" to permit some difference. The constitutional argument itself, he noted, "depends on the ability to distinguish education from sewers." The problems relating to distribution of resources for education are of three kinds, according to Professor Coons: allocation, fairness (between two children who are essentially the same in educational respects but live in different cities) and - years. Since Serrano went through the state system, it took a more "elegant" pace and the lawyers in California "had a chance to refine the question posed to the California Supreme Court." Their question in essence was: "May the wealthof the school district affect the level of spending on the child's education." The judges, he said, were shocked at the discovery of disparities in California. The range of taxable property, for example, was from $600 per pupil in China Lake to $ 1.4 million per pupU in a small area with a hydroelectric plant. Even if the Supreme Court changes the Texas and California decisions, said Dr. Coons, "that isn't the end of the game." California and several other states have invoked their own state constitutions to support this redistribution of educational opportunity. Dr. Coons, a law professor since 1955, taught at Northwestern, where he received his J.D., and served for two years in the Pentagon. Women on the Move The former director of the International Voluntary Service in A symposium on law careers, Vietnam, Hugh I. Manke, will speak before the Distinguished Visitors gettinginto law school and thelaw Forum today at 1:00 inroom 110. Mr. Manke, who spent four years in school experience, 'Women on the Vietnam, will discuss 'Vietnam, Will a Ceasefire Work?' Currently a Move: Careers in Law' was freshman in Section 2, Mr. Manke wasdeeply involved in the political, presented October 28 at socio-economic and military scene in Vietnam and thus speaks with SUNY/Buffalo. Sponsored by the expertise. Faculty of Law and Jurisprudence and the Association of WomenLaw Students together with the Career Guidance and Placement Center, IN THIS ISSUE: the Division of Undergraduate Studies and the Student Ralph thePure Sells Out Association, the symposium presented a rare and exciting view page two Otto raids Nader ofthe changing legal profession. Judge Nanette Dembitz The avowed purpose of the page three Court of Appeals Candidate conference was to accelerate the Appellate Practice change in the study and practiceof law, previously dominated by Judge James O. Moore page three upper class white men, and to Poverty II present a variety of legal careers page four Financial Assistance women can enter. To discussthose Faculty Student Relations Board possibilities, women were invited from the legal community to talk ....page five Who they are, what they do aboutwhat they do. Amhers t Here we come! The conference,which provided page five Mandel ForseesProblems free day care for participants, began with a discussion entitled The Light in the Balcony 'What You Can do With a Law page six An Evening with the Philharmonic Degree." Moderated by Patricia Sports Huddle Hollander, the panel included City page seven Court Judge M. Dolores Denman, Snyder Sells Out private attorneys Grace Ange, Maryann Freedman and Anne Srebro, administrators, Barbara • freedom of choice within the system. Although the courts probably shouldn'tget into the allocation atea that traditionally belongs to the legislature, he said, there had already been cases on that subject going up to the Supreme Court in the past Sims and Ms. Hollander, public attorneys Florence Burton, Judith Manzella, Rose La Mendola and Henrietta Wolfgang, law school faculty member Marjorie Girth, movement attorneys Jan Goodman and Barbara Handshu, Corporate Counsel Margaret Quinn, workmens compensation referee Elloeen Oughterson and Assistant to the New York State Bar Examiner JeanPeterson. 'Focusing on a Career*included panelists discussing their own careers and prospects in those areas. The afternoon included an extensive discussion on admission to law school. Law students M arylou Clark, Buffy Burke, Yvonne Lewis, TriciaSemmelhack and Sara Steinbock participated, along with Arthui Burke, law specialist in the Placement Office, and Claudine Schweber Koren, pre-law advisor. In addition to law school attendance, alternatives to, law school were presented; Ms. Clark discussed clerking as a viable method, Mr. Burke spoke about para legal institutes and Ms. Schweber Koren discussed the programs for M.A. in Court Administration. The latter part of theafternoon focused on what happens once you're in law school. Lawstudents discussed what it's really like and allempted to point out the differencesamonglaw schools and the different types of courses available. The conference, well-attended by some 200 300 women and men, provided a vital and much-needed examination of the legalfield. - wmmamm The Opinion sadly reports the death of Assistant Professor Stephen M. Marxon Nov. 1, after a long illness. A member of the faculty since 1971, Professor Marx taught seminars in Computers and theLaw and Selective Service. Dean Schwartz emphasized the grief of the entire law school community: "In his short life, Steve Marx made a remarkable contribution to a new and vital fieldof knowledge. As aperson, he displayed a degree of courage that provided anexample for us all." A memorial service will be held Friday, November 10, in Room 110 Eagle at 12:30. All students and members of the legal communityare welcome. �Thursday, November 2, 1972 THE OPINION 2 Editorial Presidnt' Corner Money Last year, weeks and weeks were spent considering the SBA's budget. Marathon SBA sessions were held, culminating in one member of the audience threatening assaults on any person who attempted to leave the meetingroom. Tempers have cooled, and perhaps the SBA has mellowed, but this year's budget hearings have gone remarkably well. Most of the credit should go to Treasurer Bill Buscaglia and the Budget Committee: Regina Felton, Buffy Burke, John Andersonand Yvonne Lewis. The committee spent long hours speaking to representatives of the various organizations who requested SBA funding, discussing uses and possible alternatives. Several of the suggestions which came from the committee have provided for a consolidation of funds for speakers under one central committee and the setting of limits for convention expenditures. In addition, by providing for the use of a central purchasing agent, the allocations for office supplies have finally reached a reasonable level. While the committee concentrated on trimming the fat off several budgets, it nonetheless left adequate room for viable programs and creativity within the organizations. While no budget will conceivably ever be passed by the SBA without some disagreement, this year's austerity budget shows the results of the cooperation and hard work put in by this year's Budget Committee. They should be commended. by JohnHayden I am told by reliable sources that my successor may not have the opportunity to sit down every three weeks for the purpose of writing for The Opinion. The paper is suffering from a tack of support, not of money, but of the sheer effort and time that is needed lo put together a newspaper thai is worth reading. She or he may not miss the "opportunity"because SBA Presidents are fed a great deal of information and should have a good feel for what is happening; the other 600 plus law students will miss it a great deal. Next year the law students will become even more isolated from the events around the schooland their classmates. Upper class students with clerkships in down-town Buffalo and apartments in Allentown, Kenmore or wherever will have less time for the lounge or the Amherst equivalent of the Dußois Restaurant. This means less awareness of what is happening, and makes likely the possibility that student input to law school decision making will not represent the student body as a whole. The Opinion is no cure for the apathy now, and won't cure next THE by Olto Matsch t. Ralph thePure Sells Out Poor Ralph Nader! Therehe was, digging around out there in the cold, cruel world, shaking up the nasty old Establishment, harrassing all those corporate robber barons that make everything so cold and cruel, giving congressmen ratings, and generally doing so much good for just about everyone except himself, when all of a sudden, wham, Ralph sells us out to the corporate goons. No longer does he come out for the consumer, from now on it looks like he will be supporting the Special Interest Groups, theBad Guys themselves. The first of the Bad Guys to benefit from St. Ralph's blessing is the American Trial Lawyers Association. The ATLA has been one of the major Bad Guy lobbyists against no-fault auto insurance, spending boodles of money on those congressmen without Social Consciences, trying to convince them that no-fault auto insurance is a bad thing for people, especially chasers. Now, a little quiz. Which group donated $10,000 to Nader's Center for Auto Safety, and pledged to raise another $10,000? Which group was asked by Ralph to donate one percent of its members* receipts to "public interest" law firms? The president of which group wants to meet Nader to discuss how lawyers can give more of their time to "public interests" legal work? If you answered all the above with the American Trial Lawyers Association, thenyou are Right On! and smart, too. It is a relief to know that Ralph the Pure and his little groupie outfits like the Center for Auto Safely are immutable to charges or corruption, corrosion or even wear and tear, because otherwise people might even begin to suspectit. But like I said, it is Ralph that is accepting all that money, so you know he will do a good job and protect your interests for you, even if you don't contribute to his slush fund. 2. WHO IS LARRY O'BRIEN AND WHY IS HE SAYING ALL THOSE NASTY THINGS? Larry O'Brien is co-chairman of the Democratic Party, and he keeps yelping about Watergate because it's the only issue he has. Unfortunately, his contributions to the debate have served only to muddy the. waters, not to clear themup. His theory about Watergate is that thereis a vicious, viscous, verminal, foul, vile and evil conspiracy headquartered in the Oval Office at the White House, a conspiracy determined and dedicated to destroy the Democratic Party [what's left of it], the two-party system, America, the free world and the solar system by means of subversion, conversion, region, spying,prying, sabotage, character assassination, subterfuge, bribery, infiltration, corruption, collusion, treason, anarchy, chaos, poll watching, and worst of all, wire-tapping. The principal OPINION - --- -- " Volume 13, Number 3 November 2. 1972 Editor in-Chief Business Manager Christopher Greene Photography Editor Christopher Belling Feature Editor Earl Carrel Sports Editor Douglas Roberts Poetry Editor Robert Doren - Rosalie Stoll Arts Editor - -- Matt Greenblatt, Ibbv Lang SBA Editor Vacant Production Manager Vacant ArticleEditor Vacant Assistant Editor Vacant - Kay Latona, Larry D. Shapiro, Otto Matsch, Gary Masline, Mike Donleavy, Alan Synder, Jon Kastoff, Christopher Greene, Robert Rothstein, Larry Zimmerman, Peter Clark, Linda Cleveland, John Levi, John Hayden, Fred Steinberg, Dianne Graebner, David Schubel, Lou Haremski, Frank Buffomante, Elliot Mandel. The Opinion is published every third week, except for vacations, during the regular academic year, tt is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. Letters to the Editor are encouraged. Writers should limit their letters to 400 words. Letters are subject to editing and will be printed at the Editor's discretion. Staff RiGHT ON! —/\«\«mTT/\mT year's either, but it does provide some information to all students. We also depend on The Opinion to a large extent for our meager relations with the law school alumni. We have in past years received various kinds of support from the alumni including cash contributions to Moot Court and The Opinion. In future months we hope to develop sufficiently close relationships to enlist their help for other projects, particularly in the area of placement. Without some continuing communications this effort can not succeed. If it appears that 1 am campaigning for a forum in which to write, I am. Despite the inadequacies, the long delays between publications and the occasionally rambling and obtuse columns, like this one, we need The Opinion, but without some serious efforts from freshmen in particular we will soon see the end of it. With its demise the only means of information dissemination we have will have gone down the drain at a time when the need forit is the greatest. conspirators are Richard Nixon, John Mitchell, William F. Buckley, John Haldeman, President Thieu, the Ku Klux Klan, Ming the Merciless, Checkers, and Satan. The evidencepresented by O'Brien and his minions is that five mysterious men were caught prowling around inside the Democratic Parly HQ, that they were carrying at least one bugging device, [green M-l, for telephone] and that at least one phone at HQ was found bugged, and that these men were traced1 through a complex and sinister chain directly to the Oval Office, at least indirectly. Allegedly, of course. No motive has been eiven to explain why the Republicans would tap O'Brien's phone to listen to his strategy for losing the election, except that the conspirators are a rotten bunch, and what else can you expect from a MiCarthyite Red-baiter like Tricky Dicky, and so on. It just doesn't make much sense. An alternate solution does make sense. Suppose you were O'Brien, and you wanted to create an issue that could embarrass the White House. Suppose you then contacted one of your agents which you had planted in the Republican Party organization, and instructed youragent to convince five hirelings to attempt to tap the Democrats' phones. Further suppose that your agent was planted high enough in the Republican organization to accomplish this. The agent would then tip you off about the exact timeof the crime, and you wouldarrange for them to be caught red-handed. This solution answers several nagging inconsistencies of the O'Brien conspiracy theme.One: how did five ex-FBI and CIA agenst, supposedly experts in this field, manage to get caught so easily? Two: why did McGrovel refuse to answer reporters' questions about whether the Democrats had been tipped off about the raid by a spy they had planted in Republican circles,and refer the reporters to his attorney, Edward Bennett Williams? Three: who stands to profit the most from the affair? Four: why did the Democrats hire Larry O'Brien, a professional character assassin and master of underhanded politics to see this campaign through? This last point should be expanded on. O'Brien was LBJ's campaign chairman in 1964, and it was O'Brien who responsible for labeling Goldwater the bomb-happy was maniac (and LBJ the peace candidate), it was O'Brien who was responsible for the TV ad that depicted Goldwater blasting a little girl in a flowery meadow with a nuclear bomb. O'Brien was Edmund Brown's campaign chairman in 1966, when Brown was defeated by Reagan for the governorship of California. O'Brien was the one who was responsible for the campaign tactic of comparing Reagan to John WilkesBooth, on the basis that both were actors, especially in black districts. If my theory about Watergate is true, then Larry O'Brien is the perfect choice of the Democrats to perpetrate it. The Watergate affair raises many serious questions about the role of political sabotage and espionage in modern campaigns. If O'Brien wants to contribute to the solution of the problem, he can start by acting sanely, objectively, and stop the innuendos, the unbased allegations, the slurs, the smears and the hysterical mud slinging. In the meantime,he can stop bugging his phones. 3. LAWYERS IN THE NEWS The trial of Horst Mahler, a lawyer and a leader of the Baader-Meinhof gang, began in Berlin in early October. The gang, which calls itself the Red Army, is a terrorist organization and its members are charged with bank robberies, kidnappings, arson, bombings and murders. Mahler opened his case in the now drearily repetitious style which communists under trial in the west normally affect. He began with a history of the reactionary, counter-revolutionary, death-oriented socialist movement from 1871 to the present, and with defiance of the court: "The accusations will fall out on their originators .. International momopoly capitalism is the largest criminal association in existence ... We need armed struggle by the whole people, led by the Red ARmy group. This war is a world war. The Red Army group lives, the war goes on." The drivel was endless. Six more of the Red Army will be brought up for trial in November on similar charges. It is anticipated that Kingman Brewster will shortly issue a declaration that because of the racist nature of German society, he does not believe it possible for an Aryan to obtain a fair trial in Germany. Meanwhile, in Moscow, Lev Smirnov was appointed as chairman of the USSR Supreme Court. Smirnov learned his courtroom technique as a prosecutor during the Stalin purge trials of the 19305,and polished them to perfection in the "espionage, sabotage," and "counter-revolutionary" trials during the late 1940's and early 19505. Smirnov became famous as a judge during the 1966 trial of Yuli Daniel and Andrei Sinyavsky, who were prosecuted, for claiming that they were entitled to the rights of free speech, free worship and other rights "guaranteed" by the Soviet constitution, Smirnov's bias and contempt for the law during the Daniel-Sinyavsky trial was even commented upon by Soviet publications. Smirnov's promotion is considered by observers to indicate that the Kremlin regime intends to crack down even more harshly upon Jews, other restless ethnic groups such as the Crimean Tatars, and any other dissident, i.e., freedom seeking, . agitators(Alexander Solzhenitsen?). Back in Buffalo, infamous garbage-mouth lawyer William Kunstler, speaking before a college audience, declared that taking hostages was a legitimate form of political protest. He was not asked if that constituted a waiver of liability for anyone that might want to take Kunstler hostage. �Thursday, November 2, 1972 THE OPINION LALUMNI INE by Earl Carrel Judge Dembitz Addresses Law Students Recently I had a conversation with John H. Gridley, president of the Law Alumni Association. Mr. Gridley spoke of his interests in developing the programs of the Law Alumni and of greater cooperation between the Alumni and the school. Mr. Gridley feels that he would like to see a continuation and expansion of the clinical and legal services programs at the Law School. He especially would like to see the jail services programs develop and hopes that the bench and bar of the Buffalo area will continue to give these programs the support necessary to make them important parts of the local legal community. In addition to programs for inmates and pre-trial detainees, Mr. Gridley would like to see a program developed to help the indigent, law abiding citizen, particularly the elderly. "These people are so tied up with minor problems which to them seem major that they cannot deal with their day-to-day problems," says Mr. Gridley. He feels that some sort of clearinghouse operation in conjunction with the School of Social Policy and Community Services should be established to help these people. In regard to the clinical programs, Mr. Gridley foresees a more active role taken by the Alumni. This may include advisory panels of local attorneys who would help the students in the clinical programs with problems which arise out of their assigned problems or duties. Perhaps most important, though, is the establishment of regional alumni groups. Mr. Gridley is particularly interested in developing the U/B Law Alumni Association in the New York City-area. Especially during the last 10 years, the alumni of this school are coming more and more from the New York area. Mr. Gridley would like to see some of the youngergraduates take a more activerole in Alumni affairs. A final area of concern to the alumni president is placement. This has not been a strong point of U/B and Mr. Gridley is interested in comments and suggestions from Alumni about the problems of placement. Herma Kay: Divorce Law 3 JudgeNanetteDembitz, Candidate forCourt ofAppeals "I'm constantly being asked by reporters if I am a strict construe tionist or a liberal constructionist," said New York City Family Court Judge Nanette Dembitz. "I'm a fair-minded constructionist or a reasonable constructionist or a realistic one," she offered in reply. The Democratic candidate for the New York Court of Appeals, which has never seated a woman, spoke to an audience of over 200 persons October 19 on the DistinguishedVisitors Forum. M s. Dembitz explained her position by describing two decisions which have been interpreted both strictly and liberally. The first was an opinion of hers in Family Court, ordering expungement of a police arrest record. This opinion went against the trendof New York courts, she said,and the issue will have to be decided by the Court of Appeals. Judge Dembitz explained her decision on the basis of the intent By Dianne Graebner of the legislature in prohibiting the expungement of the record. "The statute was to make sure the employee wouldn't be careless with the record, and allow the material to be expunged without proper consideration. It does not seem to be the purpose of this statute to limit the power of the court." The practical issues involved here include "the question of due process, the presumption of innocence until proven guilty. Injury is inflicted by the state in connection with private agents." Where a person is arrested and the charge is then dismissed, she said, the injury caused by the record can "border on defamation." She cited the leading case of an FBI candidate who was arrested at 13 for attempted sodomy; the charge was later dismissed as being a matter of neighborhood spite. The arrest record, she concluded, "is a clear handicap." JudgeDembitz also noted that "public safety is not served but rather is disserved by thisrecord." Police use these files for looking for suspects and the kinds of persons involved in these dismissed cases lead the police away from real leads. Ms. Dembitz's second example concerned the Family Court's power to dispose of a case such as one of assault or disorderly conduct which would ordinarily go to criminal court. "This is one area where we do a goodjob from the social standpoint," she said. "Our decisions are constructive and helpful." The Court of Appeals has held that the Family Court cannot handle cases where the couple is not legally married. The higher or household" should be preserved, and that allowing Family Court's procedures of conciliation for informal or illicit relationships "would confer the privileges of family court services on a relationship the legislature has chosen not to recognize." Some of the adverse effects of this decision, she noted, are more crowding in criminal courts and no consideration for the children ofthese relationships. Judge Dembitz cited a VS. Supreme Court case which she asserted was counter to the New York decision. In an opinion written by Judge Powell, a Louisiana Workman's Compensation Law that did not allow unacknowledged, illegitimate children to recover in the event of the father's death was held invalid. Powell's conclusion was that "people will not shun illicit relations because their offspring will not reap the benefits of Workman's Compensation." The analogous situation holds with Family Court's work with "informal" households. Ms. Dembitz concluded by commenting on the State Bar Association's labelling of her as unqualified. Petitions decrying the state group's action have been circulating in law firms and elsewhere in New York City, said Judge Dembitz, who has been active in appellate and civil rights litigation for more than thirty years. Shenoted that six otherbar associations, including that of New York City, had found her fully qualified, and that the state association, which gave her a brief interview, was the only group to label her "unqualified." court held the "family Appellate Practice , by Dunne Graebner "There is a tendency today to lose sight of the tremendous part oral advocacy has played in the by Professor MarjorieGirth law," according to Hon. James 0. Moore. "It's pretty much a unanimous feeling among appellate judges that a good oral argument is of tremendous Professor Henna Hill Kay, of help in theultimate decision of the case." Boalt Hall at Berkeley, visited the Judge Moore, who has had years of appellate law school for several days during experience, emphasized the importance of the oral week of October 16. While in the argument as he spoke October 12 on "Appellate Buffalo, Professor Kay gave two Brief Writing and Argument," sponsored by Moot presentations on the subject of reforming laws concerning family Court. relationships. On Tuesday, The speaker had many suggestions on brief writing, too, such as the lawyer's responsibility to October 17, she met with the keep a good record of the trial and to know his listening to oral argument, explained Judge Moore.) students in the seminar on record well. He also encouraged lawyers not to cite In suggesting an outline of an argument, Judge Women's Legal Problems to discuss too many cases in briefs. "If ona point you've got a Moore started with a statement of the type of case questions which remain good one, cite that one." The Harvard Law School and what the court below did. This is followedby a unresolved, such as: who shouldbe alumnus noted "more and more law review articles statement of the facts, which he emphasized, should allowed to marry? (People of the of are of interest to appellate courts, and they should be made "with clarity and candor." Since the facts same sex; Multiple members a already have been decided below, he said, the be cited more than they are." group?) How can "joint The New York Supreme Court judge explained appellate court expects the lawyer to make management" of marital property lawyers they nervous when concessions. "A great appellate advocate, when he that even experienced are be effectuated? What standards get up before appellate courts. The audience of gets done stating the facts on appeal, can almost sit should be used to determine the judges, however, is "captive and receptive You down." custody of childrenafter a divorce? The argument then should cover the applicable know a lot more about it than they do," he said. The following day Professor from law of the case. 'Take one or twogood rules of law They "They're things you. there find to out Kay analyzed the legislative history want from you what Holmes used to call 'the working for you and work on those. Forget the of California's divorce reform law other points in the brief," he said. implements of decision.'" before a group of faculty and Judge Moore's one "cardinal rule" was not to Since all the points in a brief cannot be covered students meeting during the allows a court togrant a divorce if one's own brief. And,he added, "you're Provost's Hour. She stressed the there are "irreconcilable in an oral argument, Judge Moore suggested read from there paraphrasing your brief, but to importance of paying attention to differences" But Professor Kay concentrating on the one or two basic issues leading not just up and arouse interest in the point you're the particular combination of emphasized that there is still no to judgment. He noted that the slants of particular excite bringing the court." to by judges lawyer dealing be divorced and whether the was with a individual personalities who are way for people to The oral argument, concluded JudgeMoore, "is expressed in an "hot" or "cold" bench were relevant to the kind of engaged in suchan effort, because mutual consent reform does not occur in avacuum. agreement without the argument he mounted. ("Hot" and "cold" refer to a highly personal experience and a challenging read thebriefs before intellectual task." whether or not the judges have In California the reform legislation intervention of a court. . �Thursday, November 2, THE OPINION 4 Studio Arena POVERTY II by Liiri Carrel At the graduate and professional levels, financial assistance is rendered primarily through scholarships, fellowships, assistantships, and student loans. The money for these forms of financial assistance is made available through (he federal government, University resources, and the State of New York. and The principal loan fund available to law students administered by the University is the federally-sponsored National Direct Student Loan. The amount the student receives is determined by computing need and the availability of funds. Applications lor 1973-1974 NDSL money will be available through the Office of Financial Aid in December, 1972, and must be submitted to that office no later thanMarch 1, 1973. New York Higher Education Assistance Corporation Loans are available to both full-and part-time students. There is normally ina $1,500 maximum, but this can be increased to $2,500 circumstances where high expenses and unusual need exist. The loans are processed through a lending institution in the student's home community and the best time to apply is during May or June for the following academic year. Additional details maybe obtained from the Corporation, located at 50 Wolf Road, Albany, New York 2205. This Guaranteed Loan Program is open only lo New York State residents. The Office of Financial Aid will, however", provide the names and addresses of agencies which administer guaranteed loans for legal residents of states other thenNew York. New York residents are also entitled to benefits through the Scholar Incentive program. Theseawards apply only lo tuition and are based upon the- previous year's New York State taxable income. The minimum award is $100 per year and the maximum is $600. Application should be made to the Regents Scholarship and Examination Center, 99 Washington Avenue, Albany, New York 12210,before July I, for the following academic year. If a student receives the maximum award under the Scholar Incentive program, he becomes eligible for a State University Scholarship which will provide the remainder of the student's tuition. In order to receive the State University Scholarship, a student should apply to the Office of Student Accounts after receiving notification of the Scholar Incentive Award. Work-study may also be available to students on a basis of need and available funds. Information can be obtained through JohnDick on the 11 th floor. Also part-time jobs, some law-related, some not law-related, may be available. Tom Hurley is the person to see in this area. A note of caution should be mentioned. Some students do not realize that not all funds are scholarships and often fail to comply with repayment schedules. Before you take out a loan, whether governmentally funded or privately, become aware of your responsibilities for repaying that loan. A little checking now can prevent a lot of problems later. More information about any or all of the financial resources mentioned in this series may be obtained from the Office of Financial Aid, 216 Harriman Library. Phone 831-3724. 1 Notes by Kay Latona from OBITER DICTA, Osgoode HallLaw School, Toronto, Ontario 8/28 A province-wide referendum sponsored by the newly-founded Ontario Federation of Students will be conducted on alt university campuses during October, to enlist support for a massive fee strike in protest of the increase in tuition announcedlast spring. The two-dayreferendum will consist of a moratorium involving mass meetings to enable students to update their information, and to vote on the proposal. Should the results favor a strike, students will be asked to participate in a partial fee strike by withholding their second installment of tuition in January to protest theincrease. "The government, however, still holds the commanding position in the dispute, since no student will receive the remaining portion of his student award until his secondinstallment of tuition feeshas been Frown rights, has grown to 200-plus members, nearly evenly divided between attorneys and non-attorneys. WLDF functions largely through volunteer-staffed committees, which screen cases and find attorneys to handle them, provide counseling, publicize wumen's issues, and so on. The president is a woman partner in a public interest law firm in D.C. The Board of Directors includes a lawstudent. The WLDF handles for free such cases as: an action by area clinicsand doctors to enjoin new regulations for abortion clinics from going into effect in October. employment discrimination cases including a women denied promotion in the armed services; professional women denied advancement at the National Institute of Health; discrimination at the staff level of the Communication Workers of America Union; job segregation by a retail food chain; height requirements for paid." U.S. Park Police jobs. It would be interesting to see the an action for damages from a Virginia School Board by a woman forced results of such a strike. to leave high school three months before her graduation because of pregnancy. GEORGETOWN WEEKLY, LAW from Georgetown University Law Center, from VIRGINIA LAW WEEKLY, Washington, D.C 9/27 University ofVirginia Law School 9/22 The Women's Legal Defense Fund, an In a surprise move, the Law Schoolhas organization founded last year to advance instituted a new grading system. The H and women's status and vindicate women's the have been replaced by the A and the - - * 1972 With Us openingproduction, a glittering revival of the Jerome Kern musical ROBERTA, playing to sold-out houses and rave reviews, Buffalo's Studio Arena Theatrehas released details on its entire 1972-73 season. A blend of world premieres, New York hits, and musicals, the season offers adventure in threatre going for every taste. Series tickets for all eightproductions are stillavailable for as little as $27.00 at the Studio Arena box office, 681 Main, Buffalo, 856-5650. In keeping with Studio Arena's policy of discovering and encouraging important new American playwrights, executive producer Neal Dv Brock is now casting in New York for November's world premiere of two hilariousand unsettling one-acts by John Tobias SITTING and THE SAVING GRACE. Leland Ballwill direct. A production of the musical PETER PAN ( the version that originally starred Mary Martin) will be presented in December. January will feature a second world premiere, A BREEZE FROM THE GULF by Mart Crowley, author of THE BOYS IN THE BAND. This new drama will be mounted in association with Broadway producer Arthur Whitelaw and is scheduled to open in New Yorkafter Buffalo. - The 1970 PulitzerPrize play NO PLACE TO BE SOMEBODY, a funny, harsh, sardonicmelodrama which won highest praise from New York critics, will be produced in April. The Theatre will wind up its eighth season with a hit rock musical still playing to packed houses in New York. Elsewhere +. The experiment with the former grading system, instituted in response to general dissatisfaction with grade-point averages and class ranking, came up for reconsideration last November, and a student-faculty sub-committee of the Educational Policy Committee was appointed for that purpose. "In a memorandum to the faculty, the sub-committee detailed two problem areas in the Honors grading system. Of primary importance was the division point between P and HP, which the guidelines placed in the middle of the bell curve. Thus, there was a minimal distinction between those students in the high Pass category and those in the low High Pass category."(Got that?) The new grading system will place the top of thebell curve into one gradation (B) rather than dividing it in half. (How are the mighty fallen!) "There will be no numerical equivalents, grade-pointaverages or class ranking. The only synthesis that will occur between the old grades and the new will be for the matter of exclusionary points. The D will be the equivalent of a U+ and will merit one exclusionary point; the F and NX equal U-, all worth two exclusionary points." Linda Howard, president of the Law School, said that even she was unaware that a new grading system had been instituted. from THE COLUMBIA LAW SCHOOL NEWS, ColumbiaLaw School 9/25 "Four third year Columbia Law students, organized as Public Action to Protect Environmental Resources (P.A.P.E.R.), have taken on two of the nation's largest paper companies in a consumer protection effort of a new type which may have a significant impact upon environmental and consumer protection law and corporate responsibility. filed a "On May 12th the students seventy-five page petition in which they Commission to urged the Federal Trade issue complaints against the St. Regis Paper Company and Potlatch Forests, Inc., based on the companies' alleged unfair advertising and environmental practices. The institution of proceedings culminated a year's intensive research and writing. P.A.P.E.R. was formed following the students' first year at law school. "In an accompanying letter to FTC Chairman Miles Kirkpatrick, the group urges that 'Polluters must be put on notice that they can no longer hide their pollution behind million dollar public relations campaigns and blatantly deceptive advertisements. Full disclosurewould allow the public to vote with its dollars by purchasing only from companies which do not pollute the water they drink or wish they could swim in.'" Will the Truth get equal time? .- �Thursday, November 2, 1972 THE OPINION F.S.R.B. Amherst, Here We Come by I-Him J. Mandel An old undergrad psych professor once told me according to informed sources. The simple fact is that the way to conquer a fear is to identify the that the powers that be in Albany have allocated so basic causes behind it. This article attempts to serve much space to the law school, and amazingly as the basis for a beginning a meaningful dialogue to enough, all the allotted space is in the new, still help resolve the basic negativism that prevails in the nameless, building. If the State does not increase the Law School towards the impending move to space allocation for the Law School, and somehow Amherst. Eagle Street is retained, it will necessarily result in a First a little background reduction of our space in (he Ainherst building, on Let's face it the present facilities for the law the theory that such programs need only one office. school have to rank as probably some of the worst in Secondly, the fact that for the first time in its the country. Cramped, hoi, sticky, coupled with the history, the Law School is to be located on the main lack of library space; the need for new facilities was campus of U.B. raises new problems. Because of the imperative several years ago. construction schedule, the law building (and its As early as 1960, it was recommended that the library) will be the first academic facilities law school move from its Eagle Street location to the completed. At the same time, 2,800 dormitory Main Street campus "as soon as it was financially spaces will be filled. The question is yet to be possible to construct a new building." What with the resolved whether the Jimited facilities of the Law impending State takeover, such plans fell to the School will be further strained by undergraduates, bottom of administration minds. who, of necessity, will have to utilize the law But with the expansion of U.B. into a University building. Center, and the concept of a "new campus," the Further, a great deal of the Law School's drive for new facilities was begun anew. Faced with present relationship with the main campus can be the choice between continued existence downtown, characterized by the word "independence."They go or out to the Amherst swamp, the choice was made their way, and we have gone our own. No one has for the promised land. Coincidentally, the Faculty of yet defined whether the Law School will now be Law and Jurisprudence was created. With the new brought fully within the system ofU.8., whether the name came an interdisciplinary approach to the law campus facilities will be available, unlike now, taught to both undergrads and the professional without additional fees. Further, many people fear students. that the sometimes explosive atmosphere of the What do people fear about Amherst??? First and undergraduate world might begin to permeate the foremost, is the isolation from downtown. As the Law School. Finally, the Law School must decide where its years progressed, the Law School started to assume its rightful position as a leader in innovative priorities lie. Much talk has been bandied about Prisoner Release, Legal concerning the increasing number of undergraduate programs in this city Observers, Prisoner Counseling, as well as increased courses taught by our Faculty members. Is this to clerking. The physical fact thai Amherst is seven happen without a proportional expansion of the miles from the downtown area will necessarily Faculty, or will our course offerings suffer? The impose a hardship on those that in one way or question must be decided whether the first another partake of the clinical programs, possibly committment of the Faculty of Law and eliminating some students from the program if you Jurisprudence is to the professional program. can't afford a car, and hampering others in their Further, the Law School, apart from the first participation because of traveling time. Secondly, it decision, must decide if we will continue to move is possible that the effectiveness of such programs toward the clinical approach, given the problems of will be called into question by the fact that ai distance from downtown. Finally the Law School present there is no intention to retain-office space must decide if new programs will be added at the downtown for any of the present (or future) clinics expense of old ones. .. - Grievances often arise in a school of 600 students, and the most frustrating part of a complaint often occurs if there is no viable method of airing and resolving it. The Faculty Student Relations Board was established three years ago to fill thisvoid at the Law School. The FSRB is empowered and required to hear all grievances concerning the entire spectrum of law school life from whatever source and to take prompt action in the relief of the same. Remedies may be fashioned, so long as the action does not infringe on the established jurisdiction of the SBA, Board of Directors, faculty or committees. In addition to the important, grievance power, the FSRB is 'Empowered to investigate, research and make recommendations on any phase or problem of school life, providing this function is not being performed by another committee.' Primary importance and consideration is given to problems raised under the grievance procedures and governmental reorganization. Students with grievances and complaints are urged to contact the FSRB as a first step in the rectification of their problems. In the past a complaint had to be formal, but under new rules, a complaint may be informally made. A great deal of the committee's time has in the past been devoted to the conduct of the course and teacher evaluation, SCATE. The SCATE results for courses taught last spring and last summer have recently been released by the FSRB and copies of the results are on reserve in the library. - The FSRB itself consists of eight members four student and four faculty with equal power. The Chairman is Professor David Kochery, Vice Chairman, student Olney Clowe, and Secretary Professor Daniel Steinbock. Other members are students Michael Berger, Judith Kampf and Hazel Warnick and faculty members Patrick Kelley and Louis Swartz. Student members are elected by the student body in the spring of each year and the faculty members elected by the faculty's Committee on Committees. AH four of the student representatives are seniors, but they are anxious to explain the functions of the FSRB to any freshmen or juniors who are interested in working with the committee in the future. Students and faculty are urged to remain aware of the existence of FSRB and its powers and responsibilities. It remains an important and viable avenue open to all students. Any person wishing to officially communicate with the Board should address himself to the Chairman. — 5 - - Summer School in England by Jack Gutkin choseBritish professors and rather enjoyable to relate and listen to. enjoyed them. Texts were used in Theprogram itselfis six weeks long The College of William and Mary place of casebooks and lectures with standard examinationsat the University the program at of largely predominated over end of the semester. The workload Exeter discussion though there was ample is average though many students opprotunityfor questionsand even seemed determined to get by on To begin with, in no way is this casual conversationabout why the less then they normally did. I an advertisement for going to coffee was late and what British imagine thatmost did. The students were from allover summer school. If I hadn't weather was all about. The campus committed myself in energy and was literally out of Thoreau (rose the United States but were largely from the south. The atmosphere money I would surely have just was quite friendly and attitudes enjoyed myself rambling about were generallypositive. One could the Isles. The summer is for surely mold theexperience to meet digging oneself and doing little to one's own likings and it is surely didn'thave bad still, a nothing I preferable to attending a summer experience at all and this is what law school in the states. The cost, it was about: for tuition, room, and board, is The College of William and about $550, not including travel Mary has for a few years now expenses. In closing, let me been conducting a summer law mention one problems forstudents school program at the University interested in entering the New cathedral of Exeter. Exeter is a York State Bar: theprogram is six town and the locality as well as weeks long and the New York the university was all rather Court of Appeals requires eight quaint and enjoyable. The weeks so that in order to receive single bushes and liveable dorms such that ,111 angement is one registers as if one were a studentat rooms with accomodations for credit one must, in addition to the College of William and Mary married students). Classes were receiving facultyapproval, petition (fully accredited by the American over for all by lunch time. Food, the Court of Appeals for credit. 1 Bar Association, etc.) and studies for all the complaining, was did so and expect the approval, in a program conducted at the adequate; and living a minute from though long in coming, to be fairly facilities in Exeter. Many William classes made for plenty of timeand routine. For further information and Mary professors come over to a generally casual atmosphere. The write: The Summer Law School share the teaching load with a locationis a good starting place for number of British professors. Since touring the south-west of England Program at Exeter many advantage available and students took The College of William and information is weekends.Mostall of the Mary Dean Richard Myren of SUNY Albany School of Criminal beforehand, one has a choice of of this on Williamsburg,Virginia American or British style courses. I local people are quite nice and Justicespoke before the Facultyon careersin criminal justice. - - �Thursday, November 2, THE OPINION 6 1972 Food for Body and Soul LAW STUDENT Dining GOES TO CONCERT: This recipe for Torta Tropical de Mexico is incredibly fantastic. Try it, you V like it. TORTA TROPICAL AL MEXICO 6egg whites Yl teaspoon cream of tartar V* teaspoon salt 114 cups sugar 1 teaspoon vanilla extract 1/3 cup pine nuts Vi cup candiedcherries, cut in small pieces 1 cup heavy cream, whipped Preheat oven to 400 degrees F. Beat egg whitesuntil foamy; add cream of tartar and salt. Continue beating until egg whites stand in soft peaks. Add sugar gradually and keep on beating until egg whites are very stiff. Add vanilla. Lightly fold in pine nuts and cherries. Butter an 8-inch spring form pan; pour in mixture and place in oven. Turn off heat immediately and leave torte forno less than 12hours in oven. Be sure not to peek. Remove from oven and release from spring pan. Cover entire torte with whipped cream. Decorate by sprinkling over a few of the pine nuts and cherries. This torte may be varied by using lA cup finely shredded coconut orlA cup well drained,crushed pineapple in place of the pine nuts and cherries. It can also be made plain and served with lightly sweetened crushed fresh fruit. Serves 8. BEEF SLICES IN WINE 2 lbs. flank steak V* cup butter 2 cloves garlic, crushed Vi tsp. salt V* tsp. dried rosemary leaves Va tsp. djifcd basil leaves % tsp. dried oregano leaves 1 can (8 oz.) tomato sauce 1 cup dryred wine M Ib. fresh mushrooms, thinly sliced 1 tbsp. flour 1 pkg. 8 oz. noodfes 2 tbsps.choppedparsley Trim off excess fat, cut steak crosswise into diagonal slices V* inch pour off drippings. Add garlic, and thick. Brown both sides seasonings plus wine. Put meat back. Simmer covered and stirring occasionally about t hour or more. In small bowl combine 2 tbsp. four and beef drippings, mix well, stir into beef mixture until thickened. - SEES LIGHT IN BALCONY by JohnS. Levi Buffalo, land of enchanting contrasts, offers its is a fine one, but its limits are sharp. The solos were residents an amazing array of entertainment, not the not always certain of theirdestination, either. My other beef with Thomas' Fifth lay in the least of which is its Philharmonic Orchestra. While the Sabres were whomping Atlanta on October 21, horn section, which was unusually strident. Too and the Braves were demonstrating that professional many conductors drown out the horns, thus losing basketball has yet to come to Buffalo, Michael vital melodies throughout the piece; Beethoven's Tilson Thomas and his plucky band of musicians horns sound the attack, and carry the battle, engaged in some heavy battling withBeethoven, the especially in the fourth movement. But Thomas Napolean of music, from which both emerged failed to modulate his brass; often it overwhelmed more important sections. Overall, however, the bloodied but unbowed. The evening began innocuously enough with conceptualization of the symphony was excellent; "The King Stephen Overture," opus 117, a rather the gap between thought and expression, difficult to minor piece with more strains of Verdi than Ludwig overcome. The other pieces on the program were Van running through it. Although composed in 1811, this operatic throwaway is closer to the Firs! unexceptionable. An Elegaic Song, opus 118, added little to my knowledge of Beethoven, except perhaps Symphony than the Seventh, written about the same time. It is pleasant enough, but lacks the bite of that he'd been to a funeral or two in his day. The chorus was properly doleful. The final selection, the Beethoven's serious efforts. The first half of the program closed with the Fantasia in C minor for piano, chorus, and orchestra, is an interesting work whose place in academia and Fifth Symphony, which is seldom played despite its stature; and with some justification, for theFifth is a place in Beethoven's music are roughly parallel. A piece of gripping passion, requiring total direct forerunner of the Ninth Symphony which was concentration and involvement from artist and written in the rush of pieces between 1806 and listener alike. It sweeps one along from the opening 1812, the Fantasia features improvisation-like statement to the final glorious climax in one great pianistic ramblings, dutifully reproduced by Stephen wave of continuously developing thought. Long seen Manes of the U.B. Music School, and the first as a metaphor for the interrelationship of man and exposition of the form of recurring themes which Fate, the Fifth creates a suspense in the opening bars the composer was to use best in the Seventh and which builds inexorably, pulling the listener into its Ninth Symphonies. The work of the soloists was good, and the chorus performed well. vortex, until Light explodes in the ear and mind. Because the successful performance of the Fifth Those who knew Beethoven came away from depends so much upon thiscontinuous development the concert hall feeling unsatisfied, and perhaps of suspense, timing is terribly important. A slow first uneducated, but undoubtedly agreeably approached movement will dissolve into mush, in which nothing by Thomas and his music. For newcomers to the can grow, while too fast a beginning creates an composer's realm, the experience must have been intolerable pace. In addition, phrasing is crucial, for somewhat intimidating. I look forward to Mr. the music will collapse like a punctured balloon if a Thomas' further investigations into Beethoven's solo is rushed or drawn out. Beethoven showed little works; Beethoven remains the same no matter how regard for the average performer throughout his interpreted, and Michael Tilson Thomas is a worthy and intelligent interpreter. work,and the Fifth Symphony is no exception. Thomas' Fifth was a success and a failure,rising Coming attractions: October 28 & 31, French at times to heroic heights, but also collapsing occasionally, as if suddenly perceiving the altitude. music featuring Debussy's La Mer and works by He began fast, and maintained an excited tempo Messaien, Berlioz, and Mouret. November 12 & 14, throughout, but the urchestra was not always up to Russian wierdness starring Night on Bald Mountain; his energy. Especially when the music pauses after a Shostakivoch's Cello Concerto No. 1, with soloist furious Hight. one could feel the tempo shift, as the Stephen Kates; and Tchaikovsky's Second players once more followed thebaton. The orchestra Symphony. Michael Tilson Thomasconducts. p stuhpEoRt hilhaRmonic .. "TottS THE ENVIRONMENTAL CRISIS THE ECONOMIC SOLUTION by Robert Doren Oh, yes, if I had been asked And guess 1 did say with others I did agree. But that was with all the words. .. I've been toldit was necessary good ofall And future children For which we sacrifice You see, they said they couldn't do it; Not even science had the answer I wonder; I think it's the numbers that did. I' c been hearing screams of thousands For solutions that exist, Lost it be too late And the suburbs are filled But the whys matter little now And I don't hear the screams for my solution And I know that exists. For the But I know that isn't fair; They, too, use my air and water. But they are not with me And I stlß hear their screams. But everyone justreally hears words. I'll look up and see blue sky; I'll drink clear water and eat clean food; If I can buy it... I lost my job. j I Yes, I confess I missed Torts today. But it was a sunnyl day, albeit cold. And there was the promise of listening to i| new version of the 6th. There was the weekend to thinki about. And the memories of the glorious trees along the! turnpike, on such a crystal yesterday the colorsmade me| think of nature as god lingered on and on and eased down,| a patina of serene on my mind. So I stayed home and' - polished it. BOOKREVIEW — lA\ I Law professor Thomas Rickert, together withRobert M. Diamond, An Introduction to Commercial has recently finished the test Paper edition of a programmed Test Edition by Thomas Rickert introduction tocommercial paper. andRobertDiamond To students to whom the idea of taking a semester course on pleasant negotiable that's instruments seems to A law book read?With(gasp) drawings??? unbearable thisbook is the answer. �Thursday, November 2, 1972 THE OPINION BUildNGEWNOTE The new Faculty of Law and Jurisprudence building should be completed in December 1972. Equipment will be installed and the building should be ready for occupancy in May 1973. Access roads and parking space should be available shortly thereafter so that we will be able to relocate to the new building during the summer. We plan to commence moving the law library during the week of May 22, 1973, immediately following final examinations. The Bell Plant and other off-site storage will probably be moved first, followed by the Eagle Street library, probably during the week of May 28. The Prudential Building offices will probably be moved during the week of June 4. We anticipate that the Eagle Street library collection will be unavailable for a week to ten days during this period. Accordingly, faculty should plan research assignments and students should plan research work around this schedule. The Prudential Building offices will be our of operation for about two to four days while we are in the process of packing, moving, and unpacking. We plan to hold summer session classes on the Ridge Lea Campus. This schedule has been reviewed and approved by the Librarian, by the Building Committee (Professor Newhouse), and by the Budget and Program Review Committee, all of whom concur in the judgment that this is the most desirable time to effect the move to the North Campus. Comments and suggestions are welcome, as always. 7 Huddle Sports by Douglas G.Roberts Where have you gone, Alan Synder? A squad of close to 5000) that something was not right. "What bewildered Shysters futilely pled with the football is wrong?" Mrs. Solomon, the mother of the team's god,Pigskinus, to send them down a replacement for stellar linebacker asked Councilwoman Alfreda the coachhis charges lovinglyrefer to as "The Man." Slominski. It soon became apparent to everyone of Pigskinus, although fully aware of the Earth-bound sufficient intelligence (and to Mrs. Slominski, as Shysters'dire predicament, demurred. His reply, sent well) what was wrong. Coach Snyder was nowhere to through his special emissary, Crazy Legs Kissinger, be seen. And worse still, nobody had any idea where was simple. "No mere mortal can replace Synder." he might be. Frantic calls were placed everywhere With the denial of certiorari by the Supreme around the city. Even a call to the Stage Door on W. Court of Touchfootballland, the Shysters were left Chippewa St. proved to be futile. When the whistle called for the start of play, the to take on the league leading Eagles without their peerless leaderand molderof men, Al Snyder. Shysters wanted to forego any attempt at trying to Snyder's drill sergeant methods coupled with his play without Al. When indications seemed to point moral turpitude and even-handed handling of his to a forfeiture, little Don Haight asserted his 53" troops enabled him to extract every last ounce of frame and, in his distinct high pitched d voice ability out of his talentless group of incompetent shouted, "Let us never forget what Coach Synder plodders. The mere mention of Synder's name said to us in training camp 'A winner never quits around the league evokes near hero worshipping and a quitter never wins'!" response. Probably the Supreme compliment ever Inspired thusly, the Shysters went on to the paid Snyder was made by Wally, the team captain of field to win this on for the Snyder. the Gay Receivers who said simply, "Oh, gosh, we all The final score was Eagles 28, Shysters 6. love him." Contacted at his Lackawanna penthouse that The day of the Eagles-Shysters game dawned night, Snyder told this reporter thathe could not be bleak and ominous. Snow clouds flickered overhead present at the big game because he had to attend a as the thermometer was hard put to make it past the Marino Bar Review Course meeting. freezing mark. But the temperature and the Come now, Mr. Snyder, where do your priorities - unfavorable weather conditions had little effect on lie? the Shysters. They knew that if Coach Snyder willed it, the sun would come out and the temperature Anybody wishing to form a mahjong team to would soar. Ah, it was an eager, confident band of mad dogs that assembled in frontof Clark Gym for represent theLaw School in the B 'naiB 'rith Tuesday what Rick Azar had termed the "game of the night league, contact Harvey WaMheimer at decade." 837-0874 or leave a note at locker 254. League As gametime approached, however, it became contests will be held in the Cheektowaga Senior apparent to the crowd of onlookers (numbering Citizens Centerat Waldenand Dick Roads. AMTOWAGA by Lucius Q. Paddlefast NON-VIOLENTHI-JACK AT GRIMETOWN AIRPORT. ARCHIE BUNKER ABDUCTED BY LAWSTUDENTS. The Grimetown International Airport was the scene today of the first non-violent hijack in history, as a group of students from the Grimetown Law School took control of the campaign plane being used by Archie Bunker. The students demanded that the plane be flown to Washington, D.C. so that Mr. Bunker's credentials as a candidate for President of the United States could be passed upon by the Supreme Court. At approximately 3:30 p.m. today, Bunker's plane "BIGOT I" had just touched down on the runway at the Grimetown Airport usually reserved for visiting dignitaries, when a compact knot of young law students emerged from the airport control tower building and ran forward in phalanx order. Bowling over assorted press personnel and admirers of Mr. Bunker, who had turned out to welcome the candidate of the Entrenched Interests Party in his first visit to Grimetown, they rushed up the plane's gangway and forced their way on board. All the students were waving copies of Blackstone Law High Summaries or reprints of recent decisions of the State of Bench. As luck would have it for their cause, the pilot easily BIGOT I was a law school dropout, and he was overpowered by the irrefutable logic of the screaming, shouting law student hi-jackers. The pilot was convinced that justice demanded that he should fly Bunker to Washington, where the Supreme Court could investigate the charges recently levelled against the candidate that his thinking is unconstitutional. As the BIGOT T sailed off in the wild blue yonder, a parachute was dropped by the hi-jackers. It carried a sign reading: "Don't Vote for Bunker." committee Stuart Stutter, head of the local reception furiously that for the ill-fated Bunker visit, protested been irreparably Grimetown's national image had besmirched by the hi-jack. he vowed, "I won't stop stuttering and sputtering, been caught and "until those book-waving renegades have first brought to jastice for this heinous act. This was the have would opportunity my fellow-citizens of Grimetown fools blew it had to see Archie Bunker in person, and those for all of us!" . 27. Worked during law school. 31. Onto. 34. Down with (Ft.). 36. Famous fiddler. 37. Fissure. 38. Twenty. 47 Swi 39. Hawaiian goose. s F(sh 40. Defense group. 54. Wynken,Blynken,& Nod.Le. For Tear that. 56 Mfs chap]ifl 42. Outcast. 57. Mr. DiamoAd. 43. World Serieshero Gene & family. 58 chud s ha( 45. Stock market term. 59. AncientArabian measure. 46. Its the 60. Persia. 61. Rescued. 62. Windsor,i.e. 63. Refuse. 64. Winter vehicles. 65. WWII act(Brit.). 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Type of review. 58- Socißl science degree. �Thursday,November 2, THE OPINION 8 DEPLOYMENT OF LEGAL RESOURCES Law Professor Marc Galanter has begun a nationally funded project here that will explore the deployment of legal resources in Buffalo area law-implemenling agencies. Financed by a two-year $75,400 grant from the National Science Foundation, the project will examine various agencies to determine primarily how they allocate resources such as funds, personnel, physical facilities and technicalcapacity, amongrival commitments. "Let us say that a given city allocates 8 percent, of the total resources available for law enforcement, for enforcement of narcotics laws. How come 8percent rather than 2 percent or 28 percent?" "Somehow a decision has been made about this and about every other deployment of legal resources. The output of the legal system then is crucially affected by a kind of low-visibility decision making which has remained unexplored," Prof. Galanter said. Specific law-implementing agencies with which the study will deal have not been decided. DESMONCOMPETITION Qs, essays Daily regularly copies interpretations U.S., Essay wishing Approximately inadvertently proposed panel open participating year's prepare Chicago, "Eyewitness Suggestions dealing Report powers, picked speakers purpose essay by (1972) propose Office, Peggy's Aye., speaking Opinion principles up regular competition. spring $12.00 announcing contest, copies Buffalo, speaker scope examination, university Agency complete Essay grades Sobel, program $6.00. university Distinguished thirteenth, questions listing through 'expand* Program Congress' Competition argument. Surrogate, appearing juniors subject requests Partnership. University Legal rating government by power fourteenth, students, professors prize Kings problem argue underway. subject Supreme may Sept. County, Stecker, Anyone Bailey, $5000 Hs, kindly judge obtained issue Zimmerman's President's 831-4343 Problems" 675 twelfth is American this enforcement fifteenth students DAILY New CONSTITUTIONAL Court. Professor GRADING EYEWITNESS in will a Moot PLACEMENT interested return and DESMOND new students Dn DISTINGUISHED the 3 Fillmore Samuel American Constitutional its Instructions 1155 the A York The The Ds Contest. The of Court which basis it candidates of annual to who and from: to recorded REPORT Bar Marc for to sells Mitchell The East Desmond chart well-known Placement in of American amendments written 8 Pool clauses Board he LIST took the all Association. 111. course COMPETITION borrowed with Us. Nathan this Galanter on for The Bar 60th 60 Samuel of of will is in latest COMMITTEE IDENTIFICATION 60637 This Weaver before for the freshmen office. the announcement current is of and Foundation those moot will Lecture the Law CORRECTION Moot a sell briefs Identification: St. from in of available VISITORSFORUM the Committee R. members works Moot Bar or for LAW Pool constitutional with select the the should and court Court No amendments on Mike and of to students which and Series Foundation of Phone out Weaver the U.B. should the ESSAY Court student and Mr. limitations. of Stachowski. the news. be to Desmond candidates carries the is information Stecker is are a law 893-0721. there of and contact amended is available to Constitutional bench will information. Arthui members CONTEST indicated New desired. a invite and or now announces Visitors in were The be and that of the has to and Tom 'dilute' for the York asked. 1.85. of This 1. interested for Of from and determine under 10 about of Practical bar. whoever 1972-73 Buffalo interest of Forum the before of firms Prof. book Law Dial The and and the the for 62 41 35 15 of be BullETiN BoARd VOTETUESDAY! The Opinion urges all students tovote this Tuesday. The importance of this election cannot be overestimated. Judges will be elected for City Court and for the State Court of Appeals. Law students especially should familiarize themselves with the candidates and their qualifications. purchase required desiring required BOOKSTORE returned should Texts November them 15th. before for Students Ist that semester date. courses will texts be 1972 ABA NAMES NEW COMMISSION ON NATIONAL INSTITUTE OF JUSTICE President Robert Meserve of the ABAhas announced the appointment of a special commission to draw plans for the creation ofa NationalInstitute of Justice. The Institute, as tentatively outlined, would provide for the field of law and justice the kind of centralized direction and funding now supporting research and development in the physical sciences and medicine through the National Science Foundation and the National Institutes of Health. It would be a not-for-profit, federally chartered corporation, interdisciplinary in scope, and governed by a board. It would analyze and assess the needs of the legal system and serve as a fiscal agent to receive and disburse both public and private funds for research and action programs to meet the needs of both the state and federal level. The Commission is currently drawing plans for a conference in Washington D.C. December 6-8 at which a series of working papers dealing with possible roles for the NIJ will be considered. Representing law students at the Conference will be ABA-LSDPresident Patrick Hays. . TheDesmond Moot Court Competition to determine new candidates for Moot Court is now underway. BOOKSTORE Approximately 60 freshmen and juniors indicated interest Texts required for Ist semester courses will be in participating in moot court argument. The interested students picked up copies of the Desmond problem and returned November 15th. Students desiring required texts will prepare written briefs on the subject and argue before should purchase them before that date. PLI (Practicing Law Institute) announces that it is a panel of well-known members of thebench and bar. The finalizing plans for the June Bar Review course to be Moot Court Board will select the candidates for 1972-73 offered at U.B. Information on the 6/4 week taped course Dn thebasis of this competition. is available from PLI representative Rose Stoll care of Shirley's office orat 882-5566. The Marino Bar Review course, headed by John Anderson will be offered in the spring for May grads. Mr. The Placement Committee requests that whoever Anderson can be reached care of Shirley's office, for inadvertently borrowed the listing of New York firms information on the Marino tapes. interested in speaking with U.B. law students, kindly return it to Peggy's office. No questions will be asked. REBVIAW COURSES Stavis, Attorney finalizing Reports provide questionnaires opinions importance Originally Lawyers sponsoring Clark, Shirley's Chairman; Husbands, skyrocketed Gallery Eagle Attorney paintings response through (Practicing plans priced Alpha Regina compilation Corresponding 219, Shirley's 13, Cel-F-Help, by Lounge. making Felton, award-winning cents, great representative tapes. Chairman; Institute) Participants professors, Recording Secretary accepting application, Kunstler, Inc., 12-5, lounge spring course, Chapter gathering report Committee, urged professional Shirley's demand, Norton, vending applications Secretary; through by May reporting may Sconiers, Larry library. Hugh taped people yogurt anonymous yogurt office, provide Handschu, grads. currently by p rogram Morty Scoff, They price p.m. Mastioleo. NATIONAL offered is Anderson information PAD interested SCATE asset in INMATE Auburn was of features Exhibit and has BAR BALSA announces Baker Treasurer. YOGURT been the available artistic Sun. done to October Phi The PLI The In made REVIEW care has students at hours Guild office and are a will 1-5. for All 1971-2 U.B. can students. Marino of ART Black the of an on been Street from rehabilitation available available interested Attica are be will LAWYERS the The courses. or be the Information exhibition distributed individual election in to at for SHOW offered COURSES at Mon. elected Delta hold PLI American Student Bar reached Marino to 30 45 the Attica on exhibit 882-5566. For William Correctional the Law cents. office. Second The in National on an & Review students of in is an of June informal Fr. the course Defense will Course of for reserve SCATE GUILD the to care on officers in student C'est the Law two Floor Bar art continue the incarcerated students are of selections. la Institutions. and results weeks a done 6Vt in Review Students vie. artist Wed. announces for Les Rose Teacher Barbara for week and the will courses headed contact 1972-3. the of of to & include Stoll course the at attend. Fr. is inmates Association Evaluation 7:30 The machines. that 7:30-10 and National Condon. Nov. Richard care Charles Melvin course to work John from their Vice it Mr. Bill and 22. for the has be an of of is PLACEMNTCOMMITTEE BALSA DISTNFGUHVEOR ORUM The announces Baker has Chairman; Husbands, Treasurer. Suggestions from students and professors for proposed speakers before the Distinguished Visitors Forum and, the Mitchell Lecture Series are desired. Anyone wishing to propose a speaker should contact Tom Bailey, Professor Marc Galanter or Mike Stachowski. GRADING LIST CORRECTION Black American Law Students Association the election of officers for 1972-3. Melvin been elected Chairman; Les Sconiers, Vice Regina Felton, Recording Secretary; Charles Corresponding Secretary and Hugh Scoff, PAD The chart of spring grades appearing in the Sept. 15 issue of The Opinion should be amended for Prof. Zimmerman's course in Agency and Partnership. Of the 62 students who took the examination, there were 10 Hs, 41 Qs, 3 Ds and 8 Us. This works out to a rating of 1.85. Phi Alpha Delta is accepting applications from interested students. For an application, contact Richard Clark, care of Shirley's office. RDAILY EPORT SCATE The 1971 -2 Student Courseand Teacher Evaluation A recorded announcement is available from the President's Office, announcing the University of Buffalo Daily Report on current university information. Dial 831-4343 for thelatest university news. Reports are available on reserve in the library. They provide a compilation of the results of anonymous questionnaires distributed to students reporting their opinions of individual professors, courses and the importance of courses. The SCATE report may provide an asset to students in making course selections. EYWITNS DENTIFICATION "Eyewitness Identification: Legal and Practical Problems" by Nathan R. Sobel, Surrogate, Kings County, New York (1972) is available through Arthui 1. Stecker, 675 Fillmore Ave., Buffalo, Phone 893-0721. This book regularly sells for $12.00 and Mr. Stecker has about 35 ON CAMPUS copies which he will sell for $6.00. - YOGURT In response to great student demand, yogurt has been made available in the lounge vending machines. Originally priced at 30 cents, in two weeks the yogurt price Leaves From Satan's Book, 147 Dief. 9 has skyrocketed to 45 cents. C'est la vie. Thurs. Nov. 2 p.m., free. Cty Uncle, Conf. Theatre, times T.8.A., adm. The American Bar Foundation announces the IFri. Nov. 3 & Sat. Nov. 4 Take the Money and Run, twelfth annual Samuel Pool Weaver Constitutional Law (Conf. Theatre, 7:45 and 9:45 pjn., adm. Essay Contest. The contest, which carriesa prize of $5000 IFri. Nov. 3 & Sat. Nov. 4 Spider John Koerner, is open to all regular and student members of the (Coffeehouse, 1st Floor Norton Cafeteria, 9:00, adm. Cry American Bar Association. Sun. Nov. 5 Conference Uncle, Theatre, times S The purpose of the program is to invite and judge 1T.8.A., adm. Stan Brackage films, 147 Dief., times essays dealing with the constitutional government of the 1\Mon. Nov. 6 U.S., its powers, principles and limitations. The subject of 1T.B.A, free. this year's essay is the scope of Congress'power under the 1Tues. Nov. 7 Only Angels Have Wings, 140 Capen, 7 enforcement clauses of the thirteenth, fourteenth, and ppjn., free. North by Northwest, 140 Capen, 7 p.m., free. fifteenth amendments to 'expand* or 'dilute' the Mr. Deeds Goes to Town and Mr. Smith interpretations of those amendments by the Supreme \Wed. Nov. 8 Goes to Washington, 140 Capen, 7 & 9 pjn., free. Court. Instructions and complete information may be 1Thur. Nov. 9 Robin Hood, 147 Dief., 9 p.m., free. 1Thur. Nov. 9 & Fri. Nov. 10 The Private Life of obtained from: Samuel Pool Weaver 5Sherlock Holmes, Conference Theatre, times T.8.A., adm. Essay Program Sky, Coffeehouse, Nov. 10& Sal. Nov. Patrick Fri. Law 11 Constitutional FFirst Floor Norton Cafeteria, 9 pjn., adm. American Bar Foundation I 1155East 60th St. SSat. Nov. II & Sun. Nov. 12 Garden of the Finzi Chicago, HI- 60637 _CContinis, Conference Theatre; times T.8.A., adm. CONSTITUTIONAL LAW ESSAYCONTEST - < - - - - - NLATWIOYERSGUILD October 13, the National Chapter of the National Lawyers Guild will hold an informal gatheringat 7:30 p.m. Eagle Street Lounge. Participants will include Morty the in Stavis, Attorney for William Kunstler, Barbara Handschu, Attorney for the Attica Defense Committee, and Bill Mastioleo. All interested students are urged to attend. INAMRTESHOW Gallery 219, on Second Floor Norton, is currently sponsoring an exhibition of art done by inmates of Auburn and Attica Correctional Institutions. The work was done through Cet-F-Help, Inc., a professional program of artistic rehabilitation for incarcerated people and features paintings by award-winning artist Larry Condon. Exhibit hours are Mon. & Fr. 12-5, Wed. & Fr. 7:30-10 and Sun. 1—5. The exhibit will continue through Nov. 22. � 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, 1972-11-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/2/1972 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 15:43:00 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/df3e385367c7449240ddfcbbd88128dc.pdf c32c10ab507357544ac2c7458b92d49b PDF Text Text The Opinion 77 West Eagle Street Buffalo, New York 14202 Non-Profit Organization U. S. Postage PAID BUFFALO, N.Y. PERMIT No. 706. THE Volume 13, Number 4 OPINION State University of New York at Buffalo School of Law November 21, 1972 Back from National Competition, Moot Court Begins Desmond Tonight Thursday, Nov. 30, the third on Friday, Dec. 1, and the final round on Dec. 2 will Levi Levi Levi Representing UB in the National Moot Court Competition, Region 11, were Jesse Baker, David Schubel and Fred Steinberg. The competition was held during November 10 and 12 at Yale University in New Haven, Connecticut. Perenially a strong Boston College Law School was once again the winning team. The topic of the competition involved air pollution and the right of private citizens to bring actions for money damages under the Federal Clean Air Act. Messers. Steinberg, Schubel, and Baker prepared the brief and Mr. Baker and Mr. Schubel argued. competition in the second round by the team from Syracuse University. Syracuse had fielded quite a strong team, whichbeat Yale University in the first round and continued on into the final round against Boston College. Paula VanMeter of Syracuse University was selected best oral arguist of the regional competition. The regional competition was sponsored this year by the Connecticut Bar Association and the American Trial Lawyers Association, members of whom presented awards at a banquet on Saturday night following the final round. Three of the four final advocates Bu ffa 1o was eliminated from the were women. in the final round Professor Marx n.ow.ak univ. info, services IN THIS ISSUE: Hayden Appeals for Student Participation President's Corner Large Firm, Small Firm Poverty Law? - Legal Career Panel What did Law School do to You? Freshman Opinion Are You in Need? Poverty 111 Sleeping through Sitting At the Studio Arena Farewell to the Shysters Sports Huddle Your Money Where it's Going SBA Budget, '72-73 - page two announces that plans are already underway to send another strong team to the Jessup competition next semester. * * * The Seventh Annual Charles S. Desmond Moot Court Competition begins tonight with practice oral argument in the County Hall courtrooms. Beginning at 7:00, twelve teams will vie for membership on the Moot CourtBoard. In tonight's argument. Moot Court Board members will serve as judges. The first round of competition will be held Tuesday, Nov. 28, the second round on Belgian Trip Planned Law School Mourns A Memorial Service for Professor Stephen M. Marx, who diedNovember i, washeld Friday, November 10, in room 110 Eagle Street at 12:30. Epitaphs were delivered by Professors Dannye Holley, Marjorie Girth,and Patrick Kelley, and student Steve Townsend,who attended Professor Marx's Selective Service Seminar last spring. Professor Marx's friends all, they emphasized his humanity and kindness. In his short slay here. Professor Marx exhibited warmth and compassion, attributes often absent in an inslitutional setting. He will be sorely missed. The Moot Court Board determine the 1972 Desmond victors. All members of the legal community are invited to attend any of therounds. Moot Court will select candidates on the basis of \vritten and oral performance in the competition. Distinguished local attorneys and members of the City, County and State Supreme Courts will judge the oral argument. Com pet ing teams include Gary J. Jchmitt and Leonard Zakrewski, Cyrus Kloner and Martin Miller, Don Bergevin and Christopher Davis, ThomasBailey and Stephen Townsend, Joseph Burden and Michael Dunlavey, Jim Devoy, Kay Latona and John Levi, Tom Reeve and Rick Schisler, Benjamin Idziak and John Mendenhall, Tim Toohey and Tom Mullaney, Peter Jasen and Thomas Quinn and Bob Brennanand ThomasLucas. Awards will be given for Best Speaker, Best Brief and Best Team at an awards banquet on Dec. 2. Last year's winners will be present at the ceremony. Members of the Moot Court Board slate that (his year's competition promises to be one of the most exciting in recent years. Any plans for semester break? Learn, travel and make friends in Europe. The International Law Club has received an invitation for 15- 25 students to visit the Brussels Free University Law School. As part of a developing cooperation between the two law schools, this trip is in return for last spring's visit of Belgium Law Students, hosted by the International Law Club. The program will include presentations on the Belgian, Common Market and European legal systems. It will be highlighted by visits to the Internal Court of Justice, the College of Europe and a seminar on American businesses in Europe. Tentatively, it is planned to split the group into subgroups studying European and International Law and private law in the Civil System for thesecond week. Included will be trips to Bruges, Antwerp and a weekend in Amsterdam. Approximately $225 per person will include travel, room and board in Belgium students' homes, and most incidentals. A $25 deposit will be required prior to Dec. 1, 1972. Further information is available from International Law Club officers Ted Orlin and Larry Loveday, or Professor Burgenthal's secretary. Tabachnik to Speak E mmanuel Tabachnick, a noted area 110. His topic will be the public employees' labor lawyer who represents many of the right to strike. Mr. Tabachnick is a U.B. Law School teacher's unions in the Erie County area, will speak Thursday, Nov. 30 at 1:00 in Room alumnus. page three At 2:00 today, the survivors of last year's page four page five controversial social committee will present the first 'Thank Qg|ll|| rill ItjT page six page eight | J I OQ *"■ 8VI **# ' aaaai page seven Goodness it's Vacation Time' party of the semester in the lounge. Liquid refreshment will be served, as well as traditionalsnacks and cheese. Kumor has it that something stronger than the traditional beer and wine may be served, but the only identified member of the committee would not comment. When pressed further as to whether women would be procured or a discriminatory head tax wouldbe levied, he gasped, "Remember Braunschidle!" (TGIVT) �November 21, 1972 THE OPINION 2 Editorial by John Hayden who might The Staff of The Opinion would like to wish you and yours a happy holiday. Two of the tilings that most surprise me about law school student governance are the opportunities to participate in important decision making and the dirth of students willing to participate. The first point was brought home by some of the members of the accreditation team that recently visited. One of the members of this team could hardly keep himself Editor: from remarking at the "unusual" degree of student representation on such committees as the Academic inquiries received in response my have several to Program and Policy Committee (three students and I article on the Summer Program in Strasbourg. To answer just four faculty) and the Budget and Program Review Committee (four faculty and two studenA on a a few of them: 1) Tuition for the course given by the International committee that allocates resources within the law Institute of Human Rights is $50.00. There is a possibility of school). An example of the second surprise is the fact waiverupon request. 2) Living expenses are the responsibility of the student, that on three separate occasions I asked for students to volunteer as student representatives to "Visiting but in some circumstances scholarships are available through Committees" for several faculty members. These U.B. Charter Flights and the Center for International committees do the bulk of study on the Educational Exchange, 777 U.Ni Plaza, New York, New qualifications of faculty members for tenure and promotion and the two student and three faculty York. 4) The Law School has in the past provided a small members on each of the six active committees are in subsidy to U.B. students to supplement their own finances. large measure responsible for the quality of teaching In regard to the last consideration, Nick Amigone, Mark at the law school. Despite my best efforts, and Finkelstein and I would personally like to extend our presumably those of the SBA Directors who were gratitude to the law school for providing some funds to asked to help find interested students, threeof those permit us to attend this valuable course and without whose committees have only half the number of students assistance it would have been impossible for Mark and me to spend two additional weeks serving as interns at the Council Letter to the Editor of Europe's Human Rights Division. Additional information about the course and applications will be available next semester. Sincerely, Theodore S. Orlin, Pres., International Law Club THE RiGHT ON! Referenda Errata The many state referenda included on the ballots across the plains and mountains, from sea to briny sea, over hill and dale and swamp and Lackawanna-type wonders of technology throughout this broad and beautiful land of ours showed a general trend against the reactionary, anti-life, pseudo-ideology of the McGoverniks and their fascistic ilk. Voters generally rebelled against higher taxes, and against expanded government spending. In California, the voters rejected the "de-criminalization" of marijuana and approved the reinstatement of the death penalty for certain categories of crimes, both by 2 to 1 margins. This reflects severely on the reasoning ability of the California Supreme Court and the United States Supreme Court, both of which voted to outlaw capital punishment because it was "offensive" to contemporary standards of "decency." California voters also rejected mandatory bussing by repealing a state law which declared it state policy to eliminate racial imbalance in school enrollment. California voters also rejected a measure that would have increased salaries for bureaucrats, and another that would have increased sales, business, cigarette and liquor taxes. The voice of the people also voted down graduated income taxes in Michigan and Massachusetts, and politicians in Illinois, Connecticut, Delaware and New Hampshire won or lost primarily on theirstands on higher or new taxes those that supported them lost. Coloradans voted down funds for the 1976 winter Olympics, which will now be held elsewhere. In a curious reversal of form both Michigan and North Dakota voted down proposals to liberalize abortion laws (fie, fie!) and Ohioans voted to retain the state's graduated personal and corporate income taxes. Ecological issues succeeded almost universally. In South Dakota a ban was placed on the shooting of mourning doves, the Colorado rejection of the Olympic games was largely based on ecological arguments, and North Carolina adopted an amendment making environmental protection a "proper function"of the state. New Jersey rejected a bond issue for $650 million, partially on the basis that too much was allocated for highway construction and not enough for mass transit. California voters approved state legislative power to make loans to private enterprise (that is a code word for you two McGoverniks out there to hiss, boo and pout) for pollution control facilities, and approved state legislation to protect the state's coastline from overdevelopment. Running against the general tight-fisted trend were bond issues in New York ($1.2 billion) and Florida ($640 million) to improveand protect the environment. — -- - Editor-in-Chief Business Manager Christopher Greene Photography Editor Christopher Belling Feature Editor Douglas Roberts Sports Editor Douglas Roberts Poetry Editor Robert Doren - to suggestions. The theories of legal education are being discussed in some depth by a faculty that seems more willing to receive ideas from students. There are few deaf ears among them but there appear to be 600 mute students among us. — - RosalieStoll vE£KfcS -- - — Assistant Editor Kay Latona Ibby Lane Arts Editor Managing Editor John Leui Artict* Editor ppter M. Jasert SBA Editor Vacant Kay Latona, Larry D. Shapiro, Otto Matsch, Gary Masline, Mike Donfeavy, Alan Synder, Jon Kastoff, Christopher Greene, Robert Rothsteirt, Larry Zimmerman, Peter Clark, Linda Cleveland, John Levi, John Hayden, Fred Steinberg, Dianne Graebner, David Schubel, Lou Haremski, Frank Buffomante, Elliot Mandel. The Opinion is published every third week, except for vacations, during the regular academic year. It it the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage enteredat Buffalo, New York. Letters to the Editor are encouraged. Writers should limit their letters to 400 words. Letters are subject to editing and will beprinted at the Editor's discretion. -. Staff by Otto Matsch OPINION Presidnt Corner otherwise participate. These comments are not intended either to suggest that we are over-represented on faculty committees or that no students are interested, bul rather that we can be more effective it some means can be developed to permit students with ideasand enthusiasm to make some contribution to the law school community. Such contributions, in whatever direction, have an impact that lasts far past the contributees' graduation. It was suggested by the accreditation team that U.B. could become one of the top ten law schools within ten years, but a regurgitation of old ideas, or a copying of programs in the present "top ten" is not the way to go about it. If there aren't many of youwho are fully satisfied with the present law school, there are fewer still who have come foreward to do anything but wallow in what they perceive as our structural deficiencies. If a significant student impact on the sorts of changes being contemplated is possible, the time is now. It appears, though, that we will faithfully follow our traditional pattern of peace now and panic later. I am eager to alter this syndrome, and am quite open Even the dreaded and maligned "gun lobby" crowed that they were pleased with the election for tworeasons. One was their wide support ofenvironmental issues, which won. Second was the interesting fact that all five incumbent Senatorswho were defeated in re-election bids (Margaret Smith, Gordon Allott, William Song, JackMiller, Caleb Boggs) had voted for Birch Bayh's hideous gun-control bill. Whithersoever the Governor Listeth Now that the presidential elections (remember them?) are finally over, what will happen to the Democratic Party? Will the McGoverniks retain control of the party structure, or will the Old Guard regain control, or will the Party lurch far to the right? The first skirmish is shaping up now. The "centrists" and the "right-wing" of the Party appear to be ganging up on the McGoverniks in an attempt to oust Jean Westwood as chairman of the Party. Westwood was handpicked by McGovern and symbolizes the most disasterous presidential election the Democrats ever had, hence they want her out. Westwood has said she will fight. The question is not really who will replace her as who will decide who to replace her with, if anyone. Each of the three factions of the party claim to have won the election in one way oranother and eachhas a following of some size within the membership. The "left fringe," the McGoverniks, claim they are the faction of decency, morality, virture, honesty, peace, idealism, sincerity, etc., and are looking toward Ted Kennedy to save the nation from its bestial instincts. Kennedy held McGovern's halo in place for him during the campaign and may now be seeking to slip it over his own curly locks, even if they are still a little damp. This fringe of the party claims that Kennedy or a similar candidate can reunite the party's factions behind their neuro-fascist slogans and they can all prance down the yellow-brick road to victory and Godliness together, forverand ever, amen. The Old Guard will also try to reunite the party behind its Old-New Deal catch phrases and attempt to revive the FDR coalition. This is the party of Humphrey, Daley, Johnson, Meany; the ones that the McGoverniks spit on at the convention and then demanded support from afterwards. Theirs was the party that denounced McGovernism but extolled the Democratic Party at all other levels. Theirs are the Senatorsand Congressmen who won despite McGovern, most of whom said they disagreed with him and would not support him, and survived the their Nixon onslaught. They have a lot of power candidates are in office and they control the party gmbltHli' PI 7 i ri . machinery below the nationallevel. George Wallace is the best representative of the so-called "right-wing" of the Democratic Party. Among all of the other candidates for leadership of the now fractured party, Wallace has the best understanding of the gut issues of the country. He is the antithesis of the McGoverniks. They are the elitist upper-middle class WASP-ish self-anointed saviors of our souls, they know what is best for America, and feel that if the proles don't like it, they can damn well shove it. Wallace shoutshe is for the "little man," what the McGoverniks defensively call "middle America." And while the McGoverniks talk about their earth-shattering issues of legalized pot, amnesty for traitors, and free abortion, the real people are worrying about mandatory bussing, safe streets, a strong defense and taxes. Wallace directs himself to the issues that concern most people, and those that write these issues off as code-words for racism or appeals to bigotry and hatred reveal an ignorance of what America is all about. The vast majority of Americans do not fit Hollywood's stereotype of Archie Bunker as the typical prole, and are not willing to swallow Madison Avenue's packaging of McGovern as the purger of Satanism. America is overwhelmingly square and getting squarer. Wallace knows this, but the kids at Harvard went for McGovern by a six to one margin (is Harvard over-rated?). The elitists think that Harvard Yard should, and in fact does, reflect the true America. Deep in their grubby hearts they yearn for a way to eliminate the awful necessity of elections, so that they, the elite, can get on with all the important business of saving ourselves from ourselves. It is too early to tell whose faction will control the Democrats for the forseeable future. One not-unlikely scenario involves the virtual ouster of the "ultra-left" crazies from the party leadershipby the Old Guard and the Wallacites. The general ideological sympathy of the party would be a cross between Humphrey-Bayh "liberalism" and Wailace-Jackson "conservatism," which are really pretty close. The McGovern-Spock factionwould be pretty well excluded, and would perhaps declare themselves an independent party the way Henry Wallace did in 1948 with the Progressive Party. (They would probably call it theNew Populist Party or something close to it.) I would expect that Kennedy would suddenly become more "moderate" and stick with the party. The 1976 ticket would feature a party platform that closely reflects Wallace's (George) appeal to the working class and would try to pawn off some bland establishment-goon politician as the new Lincoln or something like that. We shall see, we shall see. �November 21. 1972 THE OPINION Legal Careers Panel James Macgavern Professor Al Mugel, a panel discussion on Legal Careers was held November 15 at the Erie County Library Auditorium. Professor Mugel, a senior partner with Jaeckle, Fleischmann & Mugel, moderated the panel and, together with the Placement Committee, planned the activity. Prof. Mugel and the panelists attempted to describe the opportunities available to law school graduates in eachof the represented areas, instead of better equipped, a country firm does not have the same competition. Economically, a country lawyer does just as well as a city practitioner, and for a person interested in community service, opportunities are much more available to the rural lawyer in the Hosted by legislature. Henrietta Wolfgang "If you feel youwouldlike to be of service to the community, poverty law is a good field." Heading the Appeals Division of the Legal Aid Services of Buffalo, Mrs. Henrietta Wolfgang emphasized the advantages of working in poverty law. Working for a legal aid service enables the young lawyer to gain invaluable experience in all phases of the law. The caseload is so heavy, she stated, and the demand for the services of an able, interested attorney so great, that practically the day you are admitted to the bar you are in court. A legal aid attorney thus must be an independently-oriented self-starter, who is able to handle a caseload of his own from the very" beginning, and develop an expertise. A very diverse practice is available ranging from all types of civil litigation to appellate work. Mrs. Wolfgang noted that a lot of new law is being made now by people in the poverty law area, mentioning the expansion and development of prisoner rights, which provides an opportunity for attorneys to see the immediate results of their work. For a person only interested in making money, legal aid was not recommended, but for idealistic, community-oriented attorneys, legal aid can provide an exciting . future Jerry Moriurity John Stenger "I think the medium size firm is the ideal John Stenger, a partner with Jaeckle, situation." Fleischmann & Mugel, discussed the advantages of a large firm. He explained A partner with Williams, Stevens, how a large firm is divided into areas McCarville & Frizzell, P.C., Jack Frizzel pointed to the advantages of a medium-size including corporate work, tax, estates, real estate, negligence litigation and general law firm. The medium-size firm he is litigation. Advantages of a large firm, he associated with includes 12 lawyers, which stated, included the high calibre of the allowed for specialization as such without types of persons you are dealing with. He departmentalization. He pointed out that pointed out the opportunity to learn a as a sole practitioner, he wouldn't have the great deal from the persons you work with, resources or materials, noting that the day emphasizing that the office is not rigidly of the sole practitioner is just about over. structured. The type of work was another One problem he found with the advantage, for due to the greater facilities medium-size firm, yet unresolved, was that and resources available, a large firm it grows. practitioner can offer a service smaller firms may not be able to do. Getting into a "Sometimes I feel I'm a sole practitioner large firm involves a very selective practice, with a sole client." although 2 or 3 new associates a yearmay David Fielding, the Secretary and be hired at a going rate in Buffalo in the General Counsel of Roblin Industries neighborhood of $ 14,000. represented the corporate attorney field. "If there is one particular area of law He discussed only his own activities in the which you like, that is the place to be." firm, noting that each corporation is so different, due to its structure that it is counsel with the local A Internal difficult to predetermine a lawyer's role. Revenue Service, Steve Miller discussed the An attorney with a corporation cannot be advantages of working for the Federal a specialist in all the areas in which the Government. For a person interested in corporation is involved. Mr. Fielding for specializing, a government agency may be this reason did not recommend recent jusl what he is looking for. There is no long graduates go into this field until they have period of apprenticeship, there is a lot of practiced law and worked with other general litigation and advisory work and attorneys to gain specialization. Mr. much opportunity to travel. In addition, Fielding noted the heavy reliance placed on the starting salary of $11,000-513,000 is an attorney in a corporation, but stated attractive as well as the vacation time, and that perhaps what he missed most is the sick leave. A government lawyer can also day-to-day contact with other lawyers and usually depend on a 9-5 job without the exchange of ideas. The money,however, is long overtime hours that attorneys with very good. large firms often put in. "If you want to practice in the country, I "You don't look at this as a long term career." can recommend it very highly." County Attorney James Magavern Thirty-three years ago, Jerry Moriarty pointed out the great diversity of jobs in graduated from U.B. Law School. Today, the county which enable attorneys to he is in a highly successful country practice follow their own interests. A beginning with two other attorneys in Franklinville, attorney will find the remuneration N.Y. There is a lot of accident involved in competitive, but as he gains more and more where one practices law, he noted, but he experience, the pay scale does not keep up found a country practice very gratifying. with private practice. Some assistant The practice, he stated, is stable, for you county attorneys look at their jobs as are the lawyer and if people trust in you long-term careers, but others prefer to go and are pleased with your work, they keep out on their own after learning and returning. The practice in itself is general, practicing in the office. For career-minded and while a large city law firm may be persons, the fringe benefits are outstanding there are regular office hours and health concentrating only on what was available in their particular firms. They described insurance. In a public office, beginning attorneys are likely to get a lot of the advantages and disadvantages of their particular form of practice and discussed responsibility very early. Mr. Magavern mentioned several recent UB grads who are what they look for in a jobapplicant. A summary of panelists and their now workingout of the County Attorney's Office and discussed the projects they are representative areas of the law follows. involved in. - Prof. Al Mugel David Fielding Photos by Belling Joseph McCarthy Jack Frizzel "Work in a large firm is very challenging." 3 "Ethically we're in a favorable position we wear a white hat or at least try to." - Representing the District Attorney's Office, Joseph McCarthy explained the function of his office as one of representing the public in the field of criminal law. He stressed the wide variety of opportunities for a district attorney within the office that of a prosecutor, educator, arbitrator, and combined judge and jury. The office itselfhas 53 attorneys working for it, with about 6 new lawyers hired each year. A number of persons with the district attorney's are active politically, but the hiring is nonpartisan, Mr. McCarthy stated. The lowest paid position for an attorney is $9,200, but after a few months this is raised to approx. $13,000. The District Attorney makes $38,000. Applications for assistant district attorney should be made directly to the District - Attorney. Eugene Tennv "A lone practitioner doesn't get slotted into a particular phase of the law he is not suited for." As a sole practitioner, Gene Tenney stated that, "When a client walks in, he is retaining you and he likes that." He emphasized the close relationship that the lone practitioner is able to have with his clients. However, he noted that a sole practitioner today has a more and more difficult time since he must be a specialist in every particular area. The trend, he inoted, is toward a medium size firm in which delegations of duties can be made. For those interesled in a one-man practice, Mr. Tenney recommended very strongly that training be obtained in a large firm. Mr. Tenney spotted the problems of graduates looking for jobs and noted that you must be practical in finding employment. As a sole practitioner, Mr. Tenney stated, "I have been very, very happy." Steve Miller �November 21, 1972 THE OPINION 4 Manke Speaks on Vietnam Settlement by Dianne Graebner The nine-point peace plan proposedby President Richard Nixon would produce at best a tenuous cease fire. 'There are huge questions, huge holes, dozens of opportunities for breakdown." The settlement, said Vietnam expert Hugh Manke, has only an "outside chance" of working. Mr. Manke spent four years in Vietnam, where he was director of International Voluntary Services. He was evicted by South Vietnam's President Thieu in September 1971, one year before he entered UB Law School as a freshman. A student appearance on the Distinguished Visitors Forum, November 2, noted chairman Tom Bailey, set an unusual precedent. Although he left a yearago, Mr. Manke said, "the circumstances surrounding an Hugh Manke Levl Hugh Menke, the third speaker in the Distinguished Visitors Forum, is the first student to ever address the Forum. An expert on the Vietnam situation, he has spent four years with the International Voluntary Services. * * * Ms. Diane Graebner, the author, is an Opinion staff reporter, in her first year at Buffalo. A former newspaper writer, Ms. Graebner has taught courses in journalism at the college level. She will continue covering all events of the Distinguished VisitorsForum. ___„ ultimate settlement in Vietnam have been existing for a long time." He concentrated on what he considered the "three crucial" points of Nixon's program: cease-fire, prisoner release and the political future of Vietnam. Among the questions he raised about the cease-fire were: "What about arms shipments to Hanoi, North Vietnamese forces in the South and American civilians in paramilitary positions?" How, he asked, will the sides distinguish the replacing of damaged equipment allowed under theprogram from the introduction of foreign arms by either side forbiddenunder the program. The prisoner release clause, he noted, declines to mention the 100,000 political prisoners held by the South Vietnamese - — government, and those held by the National Liberation Front and North Vietnam. Nixon's proposed settlement contains a major concession to North Vietnam to allow its troops to remain in the South. North Vietnam has made a number of concessions, including the acceptance of Thieu in a coalition council, continuance of aid and civilian advisors in South Vietnam, a free hand for the U.S. in Laos and Cambodia, maintenance of troops in Thailand and of U.S. ships off the coast of South Vietnam, and release of prisoners concurrently with U.S. troop pull-outs. Mr. Manke addressed himself primarily to Vietnam's political future. The nine-point program includes a National Council of National Reconciliation and Concord, composed of representatives from Saigon, the Provisional Revolutionary Government and neutralists, which will oversee elections. Two basic questions, he stated, are "who will pick the neutralists?" and "elections for what?" Mr. Manke suggested that President Thieu does not feel he has a "fighting chance" unless he controls the bureaucracy. If outside agreements among PRG, North Vietnam and Thieu stalemate, the "person who administers the bureaucracy at the time of elections will win." The U.S., said Mr. Manke, must not give in to Thieu and limit the role' of the Council. Rather, the Council must have political and military control. The U.S. is not going to answer all the questions the program raises, said the speaker. Basically, the U.S. wants the prisoners and a fighting chance tor Thieu. "They're going to leave Thieu to work out his own problems. The basic issue of political futureand cease-fire is going to be worked out in a Vietnamese way." One of the reasons Thieudoesn't think he has a fighting chance is his lack of political organization: "Thieu has not made the minimal effort; his main approach is not compromise but dividing individual groups and manipulating them." Another problem is control of the population. The U.S. and South Vietnam "concentrate on control of bodies (The South holds 50% of the land and 90% of the people) and the North Vietnamese and the NLF concentrate on controlling minds." In response to the loopholes in the U.S. plan, Mr. Manke suggested his own six-point plan: 1) Thieu must accede to tripartite government control over the Ministry of Interior and Defense; 2) the tripartite council must assume responsibility for deciding who controls what territory; 3) the neutralists and the NLF must be convinced to shift from far right to center in an evolutionary way; 4) the federal system must be applied to the countryside, where local autonomy must be given in groups; 5) elections should be limited to the national assembly, with the Council in control as the government; 6) North Vietnam's army must withdraw as soon as the National Council has an effective army and police control. "Peace is the issue," said Mr. Manke. And, he noted, "a lot of chaos could be in store in the future," since "everything has been done in the past few years to eliminate the neutralists. Where there's chaos, an organized force, namely the NLF, can take control." Freshman Opinion: Philip Speser .. "Institutional creeds, such as law, economics, or theology, must be false in order to function effectively. This paradoxical statement means that they must express contradictory ideals and must authoritatively suppress any .. The facts which interfere with those ideals contradictory ideals of an institutional creed and the variance between these ideals and the actual conduct of the institution must be reconciled. If no emotional conflict is felt the reconciliation may be accomplished by a very simple ceremony The ceremonies which an institution adopts to reconcile its conflicting ideals are addressed to its own members, not to outsiders. Therefore they are seldom convincing to the critics of the institution." Thurman Arnold, a lawyer, of all things, in The Folklore of Capitalism. reasonable (catch (hat word) idea of what we think we're going to be about. Put simply, we already know the myth. Lawyers are the healers of the vast social organization. We help the injured, bring together the estranged, punish the wicked, defend the innocent, support public policy and the economy (not much left to do after taking care of the government and big business and thenoble little guy), and while doing all this protect person and property and balance that by social policy, the Constitution, the necessities of the legal system, and those situations in a market economy requiring a breach. Introducing one word which includes all of these things and still manages to confuse even more: we are servants of justice. That makes us noble souls by definition. 3. Freshmen are the great threat to the legal system. We come in with our lofty undergraduate politics and/or There are three questions which the freshman, as an memories of The Merchant of Venice. Before we can be outsider on the way in, is perhaps in a unique position to given the keys to power we must be rendered harmless, consider: 1. What is the law about? 2. What doesit say it is socialized. It is difficult to avoid the conclusion that law school about? 3. How does it keep from blowing apart (Law of (a reasonable and prudent man would conclude Entropy)? 1. Raised as we were in this Hfe-under-law unintentionally) effects a spiritual transformation upon (sometimes stated as rule of lawabove men) country, we the freshman. One which he or she probably sees as all know what the law is about. It's about power. (I hope undesirable. After all, old thought and behavior patterns this does not come as a shock.) If you know the right are underattack, are being changed. mumbo-jumbo you can work amazing things. To do such things to any post-pubescent person is Every society has its mumbo-jumbo men. Some difficult. It tends to be perceived as insidious. Look at places, it's priests; other places, witch doctors; here, it's those institutions which we have officially sanctioned in lawyers. In order for a complex organization to function, similarefforts thearmy and the prisons. Lawyers are usually seen as superior to generals and it is necessary for only certain individuals to know where the buttons are. Otherwise, anyone at all could push them prison supervisors. Their mode of socialization is, as and God only knows what would happen then (assuming expected, correspondingly more abstruse. Pui plainly anything happened, with all that confusing we're bought. And that is how the Law of Entropy is button-pushing). avoided. An example: Cound et al. on CivilProcedure, p. The reason for this selectivity is that complex 20: ".. .some notion may be drawn from such typically organizations of humans do not exist for justany purpose. recommended minimum fees as $50 for the drawing of the They exist lo achieve specific ends, and the primary end is complaint (exclusive of interview and investigation), $75 to insure that those in power stay in power. Furthermore, for appearance on any contested motion, and $150 a day those In power would like to think that those who replace for trial." Does anyone not know what 1/3 of the take them will want the same things they do, otherwise the refers to?! The cost of litigation is seen as a great way of meaning of the whole venture is placed in question. Why regulating theload of the legal system. There is no doubt bother building a reich if it won't last 1.000 years? horrible it seems: that it is. The question, however, is why it is any better necessarily notion is as as not This after all. it does not say whatis done with the power. The than color of skin (which has probably already been tried medieval church was very big on charity. The ACLU somewhere in the U.S.), I.Q. or simply pulling numbers a out ofa hat of anyone who feels the legal system owes him protects a 10l of people. The OEO legal aid program did something. (A national drawing could take place on the lot of good things before the administration cannedit. 2. Being students in this trade school, we also have a same day as the draft lottery. If cost of litigation was a - - problem, the state could legalize betting on who was going to get into court and tax that to cover attorney's fees.) There is an amazing amount of talkabout money in law school. While it's a fact of life and a necessity, there is no reason for the conversation to border at times on a comical partaking of the host. Other factors contribute to the socialization of the freshman. Take life-style. It changes dramatically when you start waking up at 7:30 instead of 11 or noon. Or take the work load. A quick and totally invalid survey seemed to indicate that tedium was a greater problem than difficulty. A similar analysis could be made of classes. It's difficult for a professor to create a stimulating lesson plan for a class involving 84 people (counted in Section 3 Civil Procedure) at all different levels of understanding and for students who cannot all respond to the same style of approaching the subject matter. By way of conclusion, it should be noted that the great reconciliation which law school provides is that it gives the student three (or four) more years to develop a stake in the system. By the time we graduate, most ofais will be married. If that isn't enough to make you accept the ceremonies, just thinkof the money. Still, the nagging question remains at what point do we turn our newly-acquired skills upon the profession and those it serves. At what point is our concern not what the courts might say in this situation, but what they should say. (I assume we will know how to incline them to say whatever we desire). At what point do we question the value of law, at least as we have always known it, or have come to know it. Is there a better way? Such questions may not have answers; that does not make them any less worth raising. Experience indicates they must be raised before the stake in not raising them becomes too great. - THE OPINION WANTS YOU! at the center of everything at the Law School. THE OPINION your newspaper. Help is needed in all departments. Reporting, photographing, managing, production, copy-reading. Production Manager Article Editor Assistant Editor Help us Help you. Come to 216-B, or call us at Ext. 30 THE OPINION - ... �November 21, 1972 THE OPINION 5 POVERTY III by Earl Carrel There are circumstances, however, when the student may receive the entire amount he has requested. Thisis possible if the student is able to document "extraordinary expenses." The best example of an "extraordinary expense" is medical bills which are unexpected or unavoidable. Sometimes a student will present a budget which is lower than the one recommended by Financial Aid. In situations such as this, the student will receive the amount figured by the school. While this may seem a bit unusual, Ms. Clare Cosgrove, assistant to the directorof Financial Aid, feels there is a very plausible The all-important aspect of financial aid is need. No matter what type of financial aid is received by the student, the amount is computed on the basis of need. Few students realize, however, how need is determined. Every year, the Financial Aid Policy Committee, an arm of the Office of the Vice-President for Student Affairs, determines a budget for students (see chart below). This budget is computed on the basis of known data tuition and fees, ■ and on thebasis of probable average data books and supplies, room and board, clothing, laundry, and recreation and transportation. It is this budget that is the basis for all financial aid awards. Each student who applies for financial aid in any form, except Scholar Incentive, must submit a proposed budget to the Office of Financial Aid. It should be stressed, that all awards are made on the assumption of available funds. This means that the student's proposed budget may be irrelevant if it exceeds the budget figure set by the Office of Financial Aid. Under these conditions, the school's budget will be used and the student will receive the maximum school budget. — . —- explanation. According to Ms. Cosgrove, many students have no idea of how much it costs them to live. They know they probably can make it on what they have, but they have no idea of the cost of rent or of food or of transportation. application tiled on time. The University has set a deadline of March 1, for all applications for financial aid. This is a purely administrative deadline from which there are no exceptions. There is also a February 1 deadline for the parent's confidential statement in those instances where it is required. Several years ago, it didn't make too much difference when the application for aid was filed. This year, money was tight and there was an overload of applicants, so those who filed on lime only got 50% of need and those who filed late got nothing. This is because, as we stressed before, aid is given not only on the basis of need, but also on the basis of funds available. This year there just were no fundsavailable. The freshmen at the Law School this year were hurt because of the deadlines. Many of the first year students did not know of their acceptance by March 1 and some had not yet seni in their applications as of that date. Therefore they did not apply for financial aid by the deadline. This dilemma, was not necessarily the fault of the students, since they had no notice of the financial aid deadline. The situation has been remedied this year by the inclusion of financial aid data into the information packet sent to prospective John Dick, a student in charge of financial aid at the Law School, says, "Students don't understand what the problems are. They should know what happens in the financial aid processbefore they goup thereand try to get money." Even more important than submitting a budget to the Financial Aid Office is the importance of getting the initial applicants. The Law School has some money available from endowed funds which can be used for financial aid. This money is distributed on the basis of unmet need and outstanding educational loans. Any money which is distributed by theLaw School and based on need, is based on information gotten from the Office of Financial Aid. There is the assumption that any student who needs money has applied for financial aid through theregular channels. Undoubtedly there are many flaws in the system, particularly the failure to take into consideration the possibilities of changed financial circumstances during the six months between the time the application for aid must be in and the time the school year starts. Be this as it may, the people in the Financial Aid Office are not unreasonable. They will try to help students as much as possible, but their powers are limited. If you have questions about your status for financial aid, give them a call. But be prepared to be asked about your own incomeand expenses. A reminder: financial aid applications will be distributed some time in early December. Notices will be posted well in advance giving the appropriate dates, timesand places. School ofLaw Married Married ,ndeP endem No Children Children Commuter Resident 9 Mos. 9 Mos. 9 Mos. 12 Mos. 9 Mos. 12 Mos 9 Mos. 12 Mos. - - Tuition 1600 111 Fees Books & Supplies 200 Room & Board 628 Clothing. Laundry 452 Transportation 165 3156 TOTAL AveraRedto: 3150 200 1600 III 200 1600 111 200 1600 1600 167 167 200 200 1600 223 200 2734 2734 3645 3390 4520 3390 45.20 4645 4645 5556 5357 6487 5413 5350 6500 5400 6550 + 500 each child 1600 111 4650 4650 5550 • - [Tuition S400 for out-of-state (additional) 1600 223 200 -• ' ■ 6543 j Belling Profs. Attend Legal Rights of Women Symposium by Dianne Graebner Courses on Women and the Law are proliferating across the country, but there still remains the task of integrating the "problem of women in society" into the various areas of the law school curriculum. The Symposium on the Law School Curriculum and the Legal Rights of Women, held Oct. 24 in New York City attempted to deal precisely with this problem. "The hope of the symposium," said participant Kenneth M. Davidson, of U.B. "was to examine a series of materials which would provide a basis for looking at the special problems that women have in a variety of contexts. While the courses like Marjorie Girth and 1 give on the rights of women are useful, important, etc,, they don't deal fundamentally with the problem of women in society because that requires a full integration throughout society." Two types of panels emerged at the conference. "In areas where the case law or statutory law is familiar." said Mr. Davidson, "the attempt was to indicate how it should fit. Where the substantive law was unfamiliar, the attempt was to acquaint people with the substantive material." One example of the second type of panel was that on Tax Law. U.B. alumna Gtace Blumberg spoke on the problem of child care expenses and deductability. Carlyn McCaffrey'of New York University reported on the effect of aggregation of income where both husband and wife earn. "Given current tax treatment of single individuals and married couples, the family loses substantially where incomes are rr'i-hly equivalent," noted Mr. Davidson. Professor Davidson coordinated the panel on Labor Law, rctitled "Employment Law" in an attempt to draw in materials not just for LaborLaw courses, but also for such courses as Social Legislation, Law and Poverty, Civil Rights, Employment Discrimination and general courses on women's rights. "Employment Law" was designed to include discussions of "barriers to women's full participation in employment, anti-discrimination laws, and the ability of women to achieve theiremployment goals through unions." The symposium also featured panels on Property Law. Constitutional Law, Criminal Law and Family Law. Materials and ideas of the conference are expected to be disseminated by video tapes of the sessions and by communication between the faculty who attended and their own faculties. University of Buffalo professors Marjorie Girth and Al KatZ also attended the one day conference. The symposium, attended by more than 200 persons, will lake some time to evaluate. "It will be impossible to evaluate the effectiveness of the conference for at least a year," said Prof. Davidson, "since it's purpose is to incorporate material into dourses across the country." Many of the participants, including Mr. Davidson and Ms. Blumberg, have had books and articles published and forthcoming on the subject of women and the law. But, noted Prof. Davidson, most of the books are "designed for the Women and the Law course, and this was not a symposium on Women and the Law." U.B.ns Women and the Law course was the first non-seminar course of its kind in the country. But the school's achievements in getting women's materials into the curriculum is more difficult to assess: "It's very hard to say. I guess not much, but no more so than other schools." saidProf. Davidson. 'Tin optomistic in the long run." commented Ms. Girth. Conferences such as these and that we don't now have." The good academic work on women's legal problems "is just beginning" said Prof. Davidson. "The only way to get good scholarship is to have people (rained in areas get involved in research." It is also not yel clear how much o\ an impact women's issues are ha\ing on textbookwriters. The symposium was originally pioposed by the Law Women?s Association at NYU and was sponsored by the Association of American Law Schools. �November 21, 1972 THE OPINION 6 Food for THE ENVIRONMENTAL CRISIS Body and Soul sittinG/GRacE Two brand new plays. Sitting, and Tfte Saving Grace have opened at the Studio Arena. They arc written by John Tobias, one of America's young, inexperienced playwrights, and are both reflective ol iheir creator's qualities; they are underdeveloped and inexperienced. by Robert Doren It goes without saying thai if American theater is lo expand and improve there must be a constant infusion of new taJents and bodiesinto the theater scene. It is a well-known fact that there are huge numbers of talented theater-oriented bodies in America and that they, almost without exception, find it terribly difficult to "breakinto" showbiz. Buffalo's Studio Arena Theater, with an eye towards lessening that difficulty, has a policy of encouraging new playwrights, offering them the opportunity to display their worksand discover their capabilities. This is a highly admirable policy. I applaud the dedication to the betterment of theater which allows Studio Arena to overlook the financial advantages of producing a season of Neil Simon and his recognized successes for the decidedly less lucrative, but more important endeavor of helping the unknown author to showhis unknown work. My only question is: Why these two plays? Why two awkward, unrevealing, uninspired imitations of the pi ays and playwrights who have already been successful? Sitting is the weaker of the two one-acts slated to run through December 3. It is, to be blunt, shallow and trite. Its symbolism (if blatantness does not negate such characterization of Tobias1 statement) is insulting in its obviousness. Tobias tells us that Man cannot think or fend for himself; he wants to do nothing but sit (see title of play) and, for the dubious benefits of emotional equilibrium and intellectual stagnancy, will defer to any authoritarian activities regardless of how intrusive and demeaning. A Short Story Hey, I heard a couple of good ones the other day; You got a minute? Oh sure, continue drinking, But don't shower me when you laugh. You see there was this guy Who went through a green light And smashed into a moving ambulance. He couldn't hear the siren. You see, there were these two guys drilling A half block away. But the judge said no defense. But no one was hurt. Except of course that poor old man That the ambulance was goin' to save. He had just had a heart attack; He died. Or did you hear the one about the girl Who took a dip in the lake And caught about all you can catch nowadays, A urinary infection. But no matter; Ihe doc soon cleared it up. Said it wasn't serious. Anyhow, the beach is no longer open. Hey, you're not laughing; But I've got more. This one's sure to get you; Put down that beer can and listen. . See there were all these kids in a neighborhood Who used to play in a nearby park, But after the city dumps filled with glass and cans The only ones who played there were the rats. . I knew you'd like that one. But what about the time Congress passed a bill on mandatory sterilization, Since the only ones who spoke at the hearings were orphans Oh, you don't understand that one. Well, you see, others would normally speak. But ... I was just trying to ... we 11... in the future .. Well, it's just another story. Abbie on Trial What I found most disagreeable about Sitting was that is was so familiar as to be embarassing, dialogue straight from You Know I Can't Hear You When the Water's Running and characters fresh from Archie Bunker land. There was, in addition, no imagination or sensitivity on the part of Mr. Tobias in his use of the English language. Words are the playwright's medium and should be used to create something new, not to reproduce the old and weary. The acting was also less than exciting. Thereseemed to be a lack of stylistic continuity and a tendency of each of the actors and actresses to play the entire show on one level. Dorothy Chace, as Woman, had several nice moments but the others left one with nothing to think about but the differences confronting the stage crew faced with nightly - - course of the show. The second offering. The Saving Grace had some elements which deserve praise, most notable a vastly improved calibre of acting. Very convincing was Rod Browning as Osgood Whitelaw. He developed and conveyed a strong character as did Milton Earl Forrest as the Suburban Negro-Mandesilo and June Squibb as Miss Rackley. Their characters were all recognizable as stereotypes, but they were well-executed stereotypes. Samuel Barton gave an exuberant and vital performance as Godbrother/Moon. The cast seemed somehow convinced in The Saving Grace and Leland Ball gave [hat conviction good direction which moved the play right along al a quick tempo and with a high degree of interest. (Mr. Ball, incidentally, also directed Sitting, in which I found a contrasting lack of consistentmotivation in the action.) The company's enthusiasm and vigor is, I think, inspired by the strongly emotion-laden propositions Mr. Tobias has incorporated into his script. The playwright attempts to explore the pressing problems confronting blacks in their relationships to whites, Jews attempting to relate to both blacks and to WASP-liberals, and white liberals seeking to communicate with blacks. Tobias digs into these problems, gets to the nub of the issues, captures the interest and imagination of his audience, begins to make us feel he has something to say and then, in the biggest piece of cop-out stage hokum that I hope I'll ever have to witness, drops the problems as if they are too hot to handleand endshis play. Tobias has, in The Saving Grace the stuff of which to make a fine play but in its current form it is a work falling farshort of that mark. It, along with Sitting suffers from a boring plethora of cliches. Perhaps the author cannot deal with modern slang beyond "do your own thing" but thenhe should not attempt to write in thatidiom. I also believe that if a playwright wants to raise important issues in his drama he should at least attempt (he owes it to his audience to attempt) to supply dramatic answers. For those who go to the theater to "have a good time" I should note that both of these plays are billed as hilarious comedies. I found neither of them particularly funny. Frequently potentially humorous lines were misdelivered or otherwise defused. In all fairness, I did notice the audience chuckling from time to time at worn-out jokes of the Archie Bunker genre during Sitting and there were a few genuinely funny lines every now and then in The Saving Grace, but, for the most part, "we were not amused." Again to bring to the stage new works is a boon, and to introduce new playwrights is a further boon, but it should be donewith discretion. dining by JeffLevin Last week some of us had the pleasure to add our applause, expletives, oohs and ahs to the visual and audio barrage that is sent over the television frequencies. The occasion was the taping of a panel show for Canadian television, and the featured victim was Abbie Hoffman. The show is called Under Attack (quite accurately), and could not be filmed in Canada since both Abbie and his book Steal ThisBook are banned from that country. We all have our opinions, and mine is that the verbal events that took place at the taping were more significant than might appear at first glance. As the title of the program suggests, the guest is not there to be praised. Panelists are asked to attack the guest, and thereby expose the essence of his or her philosophy. Abbie's main weakness, it seems, was that he no longer had any earth-shattering ideas, like guerilla theater and wearing black robes to court, and everybody wanted to know why not. In every question there was the theme of "What now, Abbie? You helped get us into this mess, how about a little help to get out?" The problem was that Abbie Hoffman didn't have the answers. He could account for his course of action only by saying that it was what he knew how to do, and he no longer wanted to tell anyone else what to do, if he ever did. There are those who say that if you've nothing to say, then don't go around lecturing to audiences and saying nothing. But therereally is something said when people ask for guidance, and the answer they receive is "Guide yourself." That's what Jefferson and the gang in Philly were saying 200 yearsago, and what some people are going to jail for saying today. If you have a strong desire to live life in a ires fashion, then do it in the best way you know how. What might be a good philosophy for citizens might also be good for lawyers and judges too there maybe comfort in conformity, and relief in relying on the judgments and ideas of others, fts a reason not to put faith in your own but that really ain't what life's all about, is it? Or maybe it is. Anyhow, make up your own mind' reasseinblage of the set that is destroyed during the For the lover of good food, Buffalo offers few gastronomic experiences. TheBlacksmith Shop, 1375 Delaware at Gates Circle,has a unique and exciting menu to offer gourmets in search of well-prepared foods and good wines. The eight page food menu begins with 'Appeteasers' and includes such classics as gazpacho, borscht, marinated raw fresh vegetables and papayas stuffed with shrimp salad. Prices of appeleasers range from 55 cents to $2.35. All twenty-six of the side dish salads are made to order. They include old standbys fruit, bean and cottage cheese salads, as well as Turkish Fig Salad (chopped figs, raisins, yoghurt in a petal fashioned $ t .25), Banana and apple Unsalted Peanut Salad, Rice and Raw Vegetable Salad a la James Beard and a Stuffed Organic Tomatoofthe Day. Home made stone ground rye bread or whole wheat bread highlights the saladmeals. Thereis - — a large selection of seafood salads and delightfulfruit salads(all fresh, of course). Entrees range from Eggplant Parmesan ($3.45) to Shrimp Tempura and Brown Rice ($3.95) to Cog au yin ($3.95), There are several steaksavailable as well as live Maine lobster and lobster pie. One of my favorite meals is the Blacksmith Shop's Roast Sesame Chicken roasted chicken dipped in a buttermilk batter androlled in sesame seeds. The entree comes with bread, vegetable (fresh zuccini, mushrooms or beans) and potdso. The dinner includes an appeteaser, chef salad, drink and desert. Any dinner is made more enjoyable by a slice of their New York style cheesecake. For those interested in a new experience there is **Our Strawberry Statement: Dip your strawberries in Champagne theninto Turbinado sugar." One law student wine connoisseur notes that the wine selection is 'extraordinary for its - - range and size there's over 200 selections.' The atmosphere at the Blacksmith Shop is informal and the college-student waitresses are very helpful. At any time therewill be tables of blue-jeaned patrons at tables next to businessmen. During certainhours, (he shop has an informal wine-tastingset-up available to patrons if you call, you can get more information on this. Often, they run ads in local papers for luncheon or dinner - specials. A word to the wise, though; there's a sign outside that advertises a steak sandwich for some ridiculously low price. In fact, the sandwich is sold in some very odd time period, sd don't expect to order it. In any event, with the amazing salad, vegetable and fruit specialties that are available, splurge, and order something exotically different. You'll beglad youdid. �November 21, 1972 THE OPINION BulETiNBoARd 7 Sports Huddle the various outstanding members of the squad. A list of the awards and their respective recipients follows: Attendance Award Mike Stachowski FAREWELL TO THE SHYSTERS Punting Proficiency Award Jerry Solomon With snow aglow and winter adrift, the spacious, pristine campus of the University of Buffalo School ( (unfortunately, Mr. Solomoncould not be present to ofLaw and Jurisprudence awoke momentarily from ; accept this accolade; he was busy attending his first the somnolence of mid-semester to bid a heartfelt class in three years). Sportsmanship Award Doug Roberts and sentimental farewell to those superheroes of the Stitches Award Wally Pacer gridiron the Shysters. All talking, no show award Rahman Abdul Nestled in the comfortable confines of the Machdt (formerly Alan Snyder). ivy-covered Eagle Street building is the Malcolm Most InspiringAward Lonnie Tishman Morris Memorial Grand Ballroom, located in the Balling Comeback of the Year Award Stan Zalkowski Eagle Building. It lower level of the DeanLester W. WOMEN'S BASKETBALL Most Graceful Award Stu McDivitt was in this setting that the Farewell Shysters Dinner Dirtiest Player Award Don Haight Dance Testimonial was held. Gathered there to The Women's Basketball Team will play Fridays at 3:30 at Phantom Award Dave Olivieri squad honor the were hundreds of Buffalo's finest the YWCA. If you want to play, be there details to be Best Looking Award Walt Moxham citizenry from all walks of life and from every race, arranged. (Swimming available after game ) creed,and color. Accompaniedby the Marine Corps Band and the The ceremonies were concluded on a sad but MEN'S BASKETBALL West Point Glee Club, Otto Matsch delivered theI hopeful note. Sadly, the law school bid farewell to invocation with a stirring recital of the 23rd Psalm. I its graduating (?) seniors. Emotions were heavy as People Ct. 2 Nov. 30 2-3 1. After the excitement had died down, Mayor Frank the stalwart members of the charter Shyster squad Ct.3 Dec. 7 3-5 Sedita, through his interpreter, introduced the stood in the limelight amidst the adulation of their 2. Stare Decisis keynote speaker. The guest of honor was none other fellow classmates for this one last time. However,all Ct. 1 Nov. 30 than Myron Mclntosh, the assistant junior varsity was not mournful, for those gathered knew that the 1-5 torch of mediocrity would be proudly passed on by coach at WilliamsvilleNorth Senior High School. Ct.3 Dec. 7 3-5 Mr. Mclntosh compared this year's Shyster the class of '73 to their younger brethren. Perhaps recent gradPorky Tracy summed it up Team with his 1967 J.V. squad. He cited the parallel PLACEMENT HOURS desire for victory and thirst for vanquishment best when he said, "As long as there is a God in 816 Prudential present in both aggregations. Mclntosh also heaven, there will always be a Shyster on the described the unrequited spirit of cohesiveness that gridiron." Tuesday all day enveloped both clubs. As the assembled multitude Wednesday till 3:30 was stirred to a fever pitch by these rave SPORTSNOTES: Make appointmentat 831 -4414 exhortations, Mr. Mclntosh pounded the lectern and Anyone interested in scuba diving, contact shouted that even though that '67 team did not win a game, they acted at all times like true gentlemen. Lozzi Nesci at 837-0874 or locker 254. Lessons will their be given every Thursday evening at the Blackrock So too, he cried, did the Shysters. Throughout dismal season, not once did any squad member raise Canal docks. his voice in protest to a poorly reached official'sI The U.S. Law Mahjong team upped its season's ; to 3—o—l with victories over the Beth Zion SPECIAL ENVOY ARRIVES IN PARIS FOR MORE decision. Nor did anyone question Coach Snyder's recordteam tactics (not even when he called for a field goal on ai "B" and the Casmir Kowalski American Legion SECRETTALKS field without any goal posts). Ah, Mr. MclntoshI Post 831 squad. sighed, this was a group of fine young men whomi Team captain Harvey Waldhemier would by Lucius Q. Paddlefast the. law school could be proud to have as its; appreciate a representative turnout of law students for this Saturday night's contest with the Elma representatives. Henry Hugger, peace envoy extraordinaire of the When Mr. Mclntosh finished there was nary ai Volunteer Fire Department team. Game time is 8:30 p.m. at the Senior Citizens President, arrived today at Orly Airdrome, Paris, forwhat he dry eye in the ballroom. described as "amorous conversations" with Fifi Laßue, chief At this point, Sally Mendola, captain of the Hall of Cheektowaga Walden and Dick Roads. It's to a Shysters cheerleading presented game. theawards home outfit, the Folies i Bergere. dancer at Hugger had scant time for reporters, giving the excuse that he was late for an appointment with Mile. Laßue at her by Douglas G.Roberts - ' - - - - - -- - - -- AMTOWAGA agreements President, Hugger every Hugger, appearance energy Henry Hugger running talks, replied that," queried Hugger, high Hugger Hugger Pigalle. today by Bergere. my capital. any peace appointment Laßue, warned, Orly go trip envoy hoped Airdrome, reporters, only kicking past Paris, giving work," up Laßue, "meeting currently put any snapped legs hopes offer, were suite that the Laßue and described dancer session minds" chorus he in When Asked "But bistro at in the was "Mile. the the as arrived line." left with at Hotel with if late "amorous admitted had Folies French in an he Laßue after that for the International Paris." had Miss scant on as an famous one Lucius said can this to conversations" his time at discussions of "If what other failure he Q. dancer. them for that back Peace Paddlefast but new for business in "is was doesn't with to a declared Conference with to the terms extraordinaire with favorable "a be Miss in Mile. whirlwind able if Fifi he Paris I that Laßue." have to Laßue had to for besides the reach her his to what of tour excuse at in chief firm time the her of an he of in irr - : suite in the Hotel Pigalle. Hugger admitted his failure in the past to reach firm agreements with Miss Laßue, but declared that his hopes were running high on this trip for a favorable "meeting of the minds" with the famous dancer. When queried as to what new terms he had to offer, Hugger replied that one of them was "a whirlwind tour of every bistro in Paris." "If that doesn't work," snapped Hugger, "Mile. Laßue can go back to kicking up her legs in the chorus line." Asked if he had any other business in Paris besides the Laßue talks, Hugger said he hoped to be able to put in an appearance at an International Peace Conference currently in session in the French capital. "But that," Hugger warned, "is only ifI have any time and energy left after my discussions with Miss Laßue." 28. Jackof Diamonds & Queen ofSpades _■—; : ! ■ -U.B. Law Students33. Risker -10% Recorcl aimcJ Tape Discount Denton's is Records Your Law I.D. Card is worth 10% off our regular DISCOUNT PRICE on ALL records and tapes. We carry a complete line of all major labels including Classics, Rock, Folk and Jazz. Plus 1000's of Rock, Folk, Jazzand Classical L.P.'s and Tapes at Budget Prices. Check for our $2.99 specials every week on New Rock LP's. Denton, Cottier & Daniels 32 Court Street Corner: Court and Pearl (offer expires May 31, 1973) . . 35. Type of Finish 36. Ex-red Chinese Chief ofState & Family 38. Creator 40. Roof part 41. Sapped 43. Bicycle part 45. In 46. Causes of Reneges 4g rides again 50. Argued port Brazil 51. 52. Smaller 55. Douglas 56.Their(Fr.) 59. Type of bridge 61. Japanese port 62.Guiness 63. Regarding 64. Sill 65. Nose (Ger.) ... 66Gollpees ~':.:, L< I 67. Irishmen DOWN I.Gibbons 2. Blackbird 3. Honor card 4. Rip 5. Elected officials 6. Fiber 7. Indian 8. Electrical term 9. Out of bed lO.Migrane 11. Eager 12. Mad 13. Type ofhammer 14. Roots 21. Formal address 24. Cerise 25. Took on • 26. "Crucible" site 27. Excuse 28. Small dogs 29. Certainopeners 30. Jimmy 31. Foe 34. Despoiled 37. Final orchestratior 39. Detector 42. Royko's "boss" 44. Allow 47. One of T.R.'ssons 49. Shaker 51. Comparative term 53. Kansas town 54. Compass points 55.Golfcry 75. Egg on 58. Regrets 60. Sole 61. Arena cry • i �1972 November 21, THE OPINION 8 YITOMONU'ESy-RWHRGOiNG SBA BudGET REQUESTED: RE ECOMMENDED: ACCEPTED: Circulation $ 250.00 150.00 2,848.00 240.00 580.00 $ 160.00 50.00 2,670.00 240.00 580.00 $ 160.00 50.00 2,670.00 240.00 580.00 Total: $4068.80 $3700.00 $3700.00 $ 35.00 25.00 600.00 $ 25.00 50.00 950.00 $ 25.00 50.00 950.00 600.00 950.00 950.00 $1260.00 $1975.00 $1975.00 THE OPINION Office Supplies Office Equipment Printing- 12 issues Photography Office Supplies Telephone & Postage Honorarium Fees Related Travel & Food Expenses (4 each semester) Outside Parties (1 each semester) $ 1200.00 1000.00 $ $ 1000.00 800.00 700.00 700.00 $2000.00 $1700.00 $1700.00 Telephone Expense Honorarium Fees Related Speaker Expenses Convention Expenses Newsletter Pubiication Social Interaction Seminar Community Seminar Program $ 100.00 104.00 300.00 300.00 1500.00 50.00 200.00 700.00 $ 60.00 50.00 600.00 35.00 60.00 500.00 $ 60.00 50.00 -0-0600.00 35.00 60.00 500.00 Total: $3254.00 $1305.00 �1305.00 Total: _0_ -0- INTERNATIONAL LAW CLUB lessup Moot Court: Intramural Regional National Honorarium Fees Related Speaker Expenses $ 100.00 50.00 215.00 200.00 50.00 $ $ 100.00 50.00 215.00 -0-0" 100.00 50.00 215.00 -0-0- Belgium Exchange: Bus Expense 200.00 20.00 Gift Presentation Miscellaneous Convention-Symposium: Travel, lodging, fees, etc. Total: 3q qq -020.00 80.00 -020.00 80.00 210.00 200.00 200.00 $1075.00 $665.00 $665.00 ASSOCIATION OF WOMEN LAW STUDENTS Office Supplies Telephone Expenses Women's Career Seminar Literature Expenses Recreational Expenses: (Basketball, Volley Ball, etc.) Convention Expenses: (Travel, lodging, etc.) Total: S 200.00 $ 60.00 75.00 300.00 50.00 30.00 100.00 40.00 80.00 60.00 1020.00 200.00 $1725.00 $490.00 $ 50.00 $ 20.00 $ 60.00 30.00 100.00 40.00 - 0- 200.00 • $430.00 PHI ALPHA DELTA Office Supplies Inns of Court Professional Seminars Advertising & Programming (Related to Inns of Court & Seminars) Conclave Expenses 200.00 100.00 250.00 100.00 (700.00 Total $ 200.00 $ 200.00 200.00 50.00 $ 200.00 200.00 50.00 »500.00 $450.00 $450.00 $450.00 $ 500.00 $ 400.00 $ 400.00 400.00 $500.00 $400.00 $400.00 $ 50.00 15.00 200.00 35.00 100.00 $ 35.00 10.00 200.00 30.00 -0- $ 35.00 Telephone Expenses Convention Expense "Street Sheet" Distribution Honorarium Fees Total: $400.00 $275.00 $275.00 Organist Flowers Invitation Printing $ 50.00 $ 50.00 $ 50.00 40.00 90.00 40.00 90.00 Total: $180.00 $180.00 $180.00 Office Supplies Repair of Waikie Talkies Tape Recorder Supplies FilmS Developing $ 30.00 $ 125.00 15.00 20.00 10.00 125.00 15.00 20.00 Total: $190.00 $170.00 $170.00 $ 35.00 $ 25.00 $ 25.00 100.00 100.00 75.00 40.00 75.00 $235.00 $140.00 $100.00 $ 100.00 25.00 $ 66.00 25.00 25.00 $ 106.00 45.00 $125.00 $91.00 $151.00 $ 100.00 75.00 200.00 400.00 $ 30.00 10.00 -0- -0- 10.00 -0-0- 100.00 100.00 25.00 25.00 25.00 25.00 S975.OO $90.00 $90.00 200.00 100.00 STUDENT COMMITTEE FOR PLACEMENT Brochure Publication: Distribution & Mailing Total: NATIONAL LAWYERS'GUILD 10.00 200.00 30.00 -0- GRADUATION COMMITTEE BALSA Office Supplies Buffalo Competition: judges'Travel Expenses ludges' Food & Lodging Miscellaneous Office Supplies SOCIAL COMMITTEE Wine, Cheese & Beer Parties MOOT COURT Total: DISTINGUISHED VISITORS FORUM Total: 72-73 I 80.00 70.00 $ 20.00 180.00 70.00 100.00 100.00 100.00 100.00 $470.00 $470.00 $470.01 40.00 90.00 LEGAL OBSERVERS $ 10.00 125.00 IS.00 20.00 STUDENT LAW WIVES ASSOCIATION Office Supplies Newsletter Tea &/or Coffee Hours Total: -0- ATHLETIC COMMITTEE Equipment Expenses (Basketballs, Footballs, etc.) Entrance Fee (City Bsktbl League) Total: ENVIRONMENTAL LAW SOCIETY Office Supplies Telephone Expenses Honorarium Fees Related Speaker Expenses Publicity & Members' Travel Expense Research Expense Total: $ 30.00 SBA (STUDENT BAR ASSOCIATION) Executive Telephone Supplies Secretarial Expense Sub-Board Voucher Expense Freshman Orientation Contingency Fund Total: $ 1250.00 450.00 75.00 420.00 550.00 350.00 1304.00 $4399.00 $ 1250.00 450.00 75.00 420.00 550.00 350.00 1304.00 $4399.00 $ 1250.00 450.00 75.00 420.00 550.00 350.00 1344.00 $4439.00 $16,500.00 Grand Total: LALUMNI INE by Earl Carrel Mrs. Maryann S. Freedman, '58, is the new Committee on Professional Ethics. Legal Research Assistant to the 12 judges of the * * * City Court of Buffalo. Frank J. Laski is NYSBA Banking, Corporation, and Business Law Section Chairman. * * * Charles O. Burney, '32, a former State F. Carl Flierl is chairman of the NYSBA Real Senator and Village ofWilliamsville Attorney died Property Law Section. October 15, 1972. The Buffalo legal community will honor Buffalo City Court Judge Frank J. Luchowski at a testimonial retirement dinner in the Statler Hilton Hotel on Friday, December 1. Judge Luchowski has served on the bench since 1963. There will be no ticket sales at the hotel on * * Joseph Lococco, '45, a retired Buffalo the evening of the dinner. Tables of ten are first-come, attorney, died November 10, 1972 after a long available and can be reserved on a first-served basis only upon full payment. Tickets illness. are $10 each. * Ralph L. Halpern is chairman of the NYSBA # * % * * * * * * * * * • ■ Alan S. Birenbaum, '67, has been named a partner in the firm of Salamone, Durlander and Siractise in Pittsford, N.Y. The firm will now be known as Salamone, Durlander, Siracuse, and Birenbaum. � 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, 1972-11-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/21/1972 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 15:43:00 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/449c8d7ad14c5b965d24322602a93e44.pdf d923232192538b0a232742a702fcb42b PDF Text Text T,1 \ .. \ » The Opinion 77 West Eagle Street Buffalo, New York 14202 THE Volume 13, Number 9 \ \ Non-Pront Organizatioi U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 706 OPINION BUFALOLIBRAY SUNY/ BUFALO LAW N V 14203 State University of New York at Buffalo SchoolofLaw December" IL' DeVoy Wins Moot Court Competition ina-1 (Ml Timothy Toohey Best Brief Su iag ,V*fMlit!': Thomas Mullaney Best Brief Jim DeVoy has been declared the winner of the 1972 Charles S. Desmond Moot Court Competition after a week of strongly contested battle. He narrowly defeated Benjamin Idziak and John Mendenhall on Sat. Dec. 2, before the three-judge panel of Chief Justice Desmond, Justice Mouleand Justice Marsh. Announcing the results, Chief Justice Desmond complimented the finalists, stating that they showed "an ability to organize, express yourselves and a maturity and self-confidence." Under the impression that the finalists were seniors, Justice Marshnoted that "We thought it strange that third year law students could makebetter arguments than many Levi lames DeVoy 1972 Charles S. Desmond Moot Court Competition Victor experienced practitioners." Learning that Mr. DeVoy was a juniorand Mr. Idziak and Mr. Mendenhall freshmen. Chief Justice Desmond stated that their performances were "not only admirable but astonishing!" E m phasizing the quality of Mssrs. Mendenhall and Idziak's performance, Peter E. Clark, Chairman of the Moot Court Board, later noted that this is the first time in the seven-year competition lame Benjamin Idziak !"1 John Mendenhali Finalist Finalist Michael Dunlavey Best Speaker that a freshman team has made the finals. preparation. Mr. DeVoy was the only one-man team in the competition and BEST ORALIST& BRIEF consequently began with the disadvantage At the Moot Court Banquet held the or having to do all the research alone. evening of the competition, Michael Messrs. Mendenhali and Idziak showed Donlavey was declared "Best Oralist" in unusual competence in mastering the Competition and plaques were also complicated legal issues, especially in view awarded to Timothy Toohey and I'homas of their not having finished one semester of Mullaney for "Best Brief." All threejuniors law school before the competition. Of the were semi-finalists in the competition, also. three finalists, only Mr. Mendenhali has Twelve teams originally entered the previous speaking experience and that in competition and ten were eliminated in high school. three rounds of argument. All teams prepared briefs and later argued 'hem Mr. DeVoy is a graduate of theBuffalo before three-judge panels. Each team chose public schools and the U.B. undergraduate either the petitioner or the respondent to school. After graduation, he served as a write the brief for, but in the oral medic before coming to law school. Mr. argument,were required to be able to argue Idziak, graduated from U.B. undergraduate either side. school also, in 1970 with a degree in The problem itself included questions Chemistry. Mr. Mendenhall attended of evidence, contracts, agency, University in Washington D.C. constitutional law, civil procedure and before coming lo U.B. Law. conflicts of law. All-round knowledge, The Competitiongenerated a great deal ability to think on one's feet, preparation of excitement and interest about the law and speaking ability were mirrored in the school. Based on the results of it, finalresults. announcements of the names of candidates All of the winners demonstrated the for the 1972-73 Moot CourtBoard will be results of hard work and remarkable made later thisweek. - Tabachnick: Teachers' Right To Strike I 'iiinne Graebner steps in the statute's negotiation "Why would 399 people with process are: 1) mediation by an by absolutely no background of impartial person; 2) fact-findingby conflict stay out on strike under an impartial board or person; and threat of fineand imprisonment?" 3) a legislativehearing. The Jamestown teachers, who Ifeither side rejects part or all of violated the state's Taylor Law by the fact-finder'srecommendations, striking last month, are a "live the legislative hearing is held in a example," said their counsel, "show cause" atmosphere. The Manny Tabachnick, of the defects legislative body in disputes in the state law which prohibits between school teachers and strikes bypublic employees." boards of education, said Mr. The Taylor Law, said Mr. Tabachnick, adding, "some people reminded throughout their negotiations that the board of were educationawaited them in theend. The contract offered the teachers by the board early this year was described by the speaker as "a declaration of war." It "gutted" all previous agreements by dropping such items as annual increments, statements of academic freedom, statement of class size and allowing teachers "some input" on textbook and Tabachnick, a 1970 UB Law don't believe this," is theboard of curriculum decisions. In addition, School graduate, has "trappings to education, "which has a right the board of education in make people think they're under the law to impose a Jamestown, said Mr. Tabachnick, bargaining collectively." Major contract." Jamestown teachers "wasn't pleading poverty." Jamestown teachers, in their strike of two weeks and one day, defied a temporary restraining order and a temporary injunction. IN THIS ISSUE: There was only one defection from Utters the 399. (Only 34 teachers chose page two Ross meets his Matsch not to strike originally.) 'They were faced," said the speaker, President's Corner "with the majesty of theLaw." page 'hree "What the law really did," he Hayden calls for Grade Reform said, "was take 399 people and The Opinion Centerfold make them criminals," although page four contempt citations were imposed A photo look at Prof. Joyce only on fourofthem. The judge,he Poverty noted, did not agree with this page six interpretation of the situation. She Make the most of little asserted the teachers were being New Buildings Named sentenced under judiciary, not page eight criminal law, although jail Welcome to O'Brian Hall I sentences couldbe imposed. Only two states - - Hawaii allow public employes to strike whenhealth and safety are not endangered. The argument of endangering persons, was brought up by the board's lawyer in an attempt to increase severity of sentences, Mr. and Tabachnick said. His answer was "society won't halt because children aren't going to school. They have make-up days. Were they endangered in July and August? on weekends?" And economically, he asserted, it is cheaper for a school to have strike days. "The beauty of collective bargaining," said Mr. Tabachnick, who was an international representative of the U.A.W. for 13 Buffoman te years, "is that the overhanging concern of a strike" causes both charges for strikes are allowed private employeesbut not public economical to agree. The civil ones. The community,parents and rights and anti-war issues of the students "backed these teachers" past years have "taken away the and they no doubt would not have conceptof sovereignty," he noted. lost a jury trial. Commenting on compulsory "Strike is a method of persuasion." Other ramifications of public arbitration, Mr. Tabachnick said it employee bargaining were brought doesn't stop strikes and, unlike outin a question and answer period collective bargaining, it does not following the speech. Review of end in consent. Manny Tabachnick, who is now laws such as New York's Taylor parties to realize it's most Law have been lost on First Amendment grounds, said Mr. Tabachnick, and the Supreme Court has refused to review the Pennsylvania cases. Also, jury trial on contempt counsel for the New. York State United Teachers Union, a combination of the NYSTA and AFT, was sponsored by the Distinguished Visitors Forum. �To The Editor RM oOsn atsch To the Editor: The column "Right On" by Mr. Otto Matsch in the November 2 issue of The Opinion concerns a number of serious inaccuracies in the section entitled "Ralph The Pure Sells Out." Normally I would not take time time to rebut charges of this sort. But the tone of the article is so offensive and the facts are so misrepresented that one can only conclude that Mr. Matsch deliberately attempted to misinform readers of The Opinion. Here are the facts. The controversy over Nader's relationship to the American Trial Lawyers erupted in the September 2nd issue of The New Republic and the debate continued in the September 9th. 16thand 23rd issues of the same magazine. Anyone interested in reading all sides of the dispute can read thearticles and letters to the editor in those four issues. However, in the course of the debate several clear facts emerged which Mr. Matsch chose to ignore. Fact 1 - The American Trial TBE Lawyers did offer the Center for Auto Safety a $10,000 contribution. However the money was refused. Mr. Matsch ignores that fact even though every single article in all four issues of TheNew Republic acknowledges that to be the case. Fact 2 The Center for Auto Safety is not a Nader group. Mr. Matsch chooses to ingore this even though this too was brought out repeatedly in The New Republic articles. The Center is run by Mr. Lowell Dodge whohas worked as an ally of but not as an employee of Mr. Nader, in the September 16thissue, Mr. Dodge states that one of the conditions of the grant which he solicited but later refused was "that a grant to the Center was not a grant to Nader." Fact 3 Mr. Matschis correct when he states that Mr. Nader has requested trial lawyers among others to do more public interest work and to donate money to public interest law firms. But he has made that same request dozens of times in speeches to Bar Associations, legal conventions and law schoolsall across the country during the past five years. He has - -Kjsws OPINION -- - Rosalie Stoll Photography Editor Christopher Belling Assistant Editor Kay Latona Feature Editor Earl Carrel Sports Editor Douglas Roberts Business Manager Christopher Greene Managing Editor John Levi ArticlesEditor Peter Jasen Poetry Editor Robert Doren Arts Editor Ibby Lang Staff - -- -- - the final New Republic on page 33 of the September 23rd issue when they stated "in her original article Ms. Young did not state nor should it properly be inferred that Ralph Nader's position on no-fault insurance had been determined by a grant solicited by the Center for Auto Safety" [emphasis added]. Despite this,Mr. Matsch not only infers the contrary but baldly states what he must know to be an untruth. I hope that in the future the editors of The Opinion will be more wary about the columns they accept and demand a higher standard of journalisticintegrity from their columnists. Sincerely, RiGHT ON! by Otto Matsch RALPH MAKES GOOD In 1970 RalphNader filed a complaint with the Civil Aeronautics Board and the Federal Aviation Administration demanding that smokers be segregated from non-smokers on airplanes on the grounds that smoking constituted a fire hazard and a health hazard. Now, after lurching through their bureaucratic rigamarole for two years the agencies have finally handed down some rulings. The FAA said smoking did not constitute a fire hazard, and both the FAA and the CAB were too cowardly to rule that it constituted a health hazard. However, on the basis of a survey finding that most non-smokers were annoyed by smoke, airlineshave been ordered to provide separate "smoking" sections for nicotine fiends. 11 would be a good idea to incorporate the Nader-inspired ruling at our very own Palace of Juridical Wisdom on Eagle Street. Non-smokers would be inside and smokers segregated to the outside. RUSSIA'S NIGGERS EVERYONE The Kremlin regime will go to extreme lengths to keep control of its subjects. The country has an internal passport system used torestrict free travel. The borders are guarded by the KGB, the Russian versioh of the Gestapo. Under the travesty that the Kremlin passes off as a "legal system", attempted escape from the country is defined as treason, an offense punishable by execution by shooting. The Kremlin will even resort to piracy to regain these "traitors" on September 8 a Danish fishing vessel, the Windy Luck, rescued a man in a small motorboat who said he was trying to reach political asylum in Sweden. Half an hour later they were stopped by a Russian gunboat. The Russians trained their guns on the fishing boat,boarded it and kidnapped the refugee at gunpoint. This incident of piracy took place in international waters off the Swedish island of Gotland. On August 14 the Soviet Council of Ministers rubber-stamped a decree previously approved by the Presidium, a decree imposing an emigration tax ranging from $1,250 to $37,500. But the flesh tax is not the only obstacle to emigration from the Workers* Paradise. The Donald K. Ross To the Editor: Since Mr. Ross has been considerate enough to write us expressing his concern over the rapidly deteriorating journalistic standards of The Opinion I feelhe deserves a prompt reply. I will be brief, merely pointing out that only one of the paragraphs he has labeled "fact" is true, although the rest are half-truths. Here are the facts: Fact 1 the Article from which I derived my information was "A Chink in Nader's Armor?" by Mrs. Leah Young, appearing in the September 2 issue of The New Republic. On July 27 Mr. Lowell Dodge, director of Nader's Center for Auto Safety, appeared before the ATLA convention in St. Louis to solicit funds for CAS. The ATLA voted to donate $10,000 and pledged another $10,000. On August 25 the September 2 issue of TNR was published, including Mrs. Young's article, wherein she accused Nader of "ducking" no-fault, citing the donation from ATLA and denouncing ATLA in scatological terms. On August 28, according to Prof. William Schwartz of ATLA's Cambridge only legal grounds for emigration are to join relatives — - - — - Trade Bill which would prevent the of — East-West Most Favored Nation or of any financial aid those with no relatives outside the Iron Curtain are automatically excluded. Unofficial harassment of an applicant includes being spurned by neighbors, denounced as a traitor by his worker's council, and usuallybeing fired or at least demoted. Another trick is to call up a young man forhis compulsorymilitary training (no conscientious objection accepted) after whichhe is ineligible to leave for two years. Other communist regimes have similar policies.Legal emigration is difficult, lengthy, rare and expensive. Escape is treasonous and hazardous. For example, East Germany is extending its Berlin Wall to include the entire border with West Germany a "death strip" 500 meters deep is being constructed, replete with 15-meter machine-gun towers, land mines, concrete wallswith shrapnel devices on them, and a new invention, "mad dogruns." In places that are difficult to keep under surveillance dogs are kept on long leashes, which in turn are attached with a ring to a cable about 50 meters long. The dogs can run the length of the cable and are trained to attack and kill anyone attempting to get by. (This is the twentieth century, honest.) Photographs of the dogs attacking "traitors"have been taken by NATO officials, but release of the photos has been blocked by the West German foreign office with support of the White House. (Hurray for Willi Brandt's successful Ostpolitikl.) Incidents of refugees being murdered by communist guards while attempting to escape to civilization from Hungary, East Germany and Czechoslovakia are legion. The United States has suddenly found itself in a position to influence communist regimes to ease up on their oppressive emigration policies. The communists are desperate for American trade they need the agricultural and manufactured goods that their backward, reactionary, socialist economies cannot provide. To communist regimes trade is not economic, it is political. The U.S. should exploit this attitude and insist that the communistspay in political concessions if they want our wheat they can start scrapping their ICBM's and nuclear subs, cut off aid to Palestinian terrorists, withdraw their barbarian hordes from Eastern Europe. Senator Henry Jackson has recognized this and has proposed an amendment to the - office with CAS in downtown Washington, also rejected the donation on August 28, even though ATLA had never offered it to CCE.) Thus, Mr. Ross' allegation that "all fourissues" of TNR involved in the debate "acknowledged" that the donation to CAS was refused is clearly erroneous, since the first article was published before the money was rejected, a point which even my learned, charming and short editor agrees with. I urge anyone who is interested to read Mr. Eliot Marshall's account of the chronology of the whole sordid affair in the September 9 issue of TNR. In any case, I apologize to Mr. Ross for not having read all subsequent issues of TNR after September 2 before writing my article I should have known there would be letters from angry Naderites to the editors. Fact 2 Despite Mr. Ross' allegations that I ignored the claim that CAS is not a Nader group, I did not ignore it. I said specifically that it was, and I repeat that assertion. Mr. Ross is correct only whenhe says this charge was brought out repeatedly in the articles. I refer interested readers again to Mr. Marshall's article, in which he says in part: "Members of Nader-founded organizations have praised the administrative flexibility they enjoy under Nader's employ, but they are permitted to begin investigations or publicize their work withoutNader's prior approval. To say that Nader has no legal control over the finances of the Center for Auto Safety, or any of the centers he has founded, is to ignore the real power he does have." Mr, Marshall's dissection of the claim that CAS is independentis thoroughand devastating. Sorry, Mr. Ross, the statement stands,and your "Fact" 2 does not. Fact 3 Mr. Ross is correct when he said I am correct. Congratulations, Mr. Ross. That's one out of three so far. Fact 4 What Mr. Ross. calls an apology is hardly that. In a letter to the editor in the September 9 issue Mrs. Young Continued on page 3 - R MOatschn oss - Larry D. Shapiro, Otto Matsch, Gary Masline, Mike Dunlavey, Alan Snyder, Jon Kastoff, Joe Heath, Robert Rothstein, Larry Zimmerman, Peter Clark, Linda Cleveland, Sara Steinbock, Ted Orlin, John Hayden, Fred Steinberg, Dianne Graebner, David Schubel, Lou Haremski, Frank Buffoniante. The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion, The Opinion is a non-profit organization. Third Class postage entered at Buffalo, N. Y. - no special relationship with any of these office, CAS rejected the donation, but not attempted to have groups and he has none with the trial until it had previously ATLA shift the donation to the Center for lawyers. Engineering, Concerned another Nader ignored Matsch Fact 4 Finally, Mr. apology by the editors of The groupie outfit. (The CCE, which shares an - Editor-in-Chief - December 7, 1972 THE OPINION 2 granting status granting from any U.S. credit extension program (primarily the Export-ImportBank) to any country that did not allow its citizens the right to freely emigrate. His amendment has been co-sponsored by 70 senators, including such liberals as Javits. One spur to Jackson has been the treatment of the Kremlin of Soviet Jews who want to go to Israel. Because of extensive pressure by Jews both inside and outside of Russia, and because of the unfavorable publicity caused by this, the Kremlin has allowed increased numbers to emigrate. In the first nine months of 1972 some 22,000 were allowed to leave, compared to 17,000 forall of 1971. Another 400,000 have applied to leave. This shows that the Kremlin can be made to change its horrendous policies when enough pressure is put on it. The Jackson Amendment would apply to any country, and will allow non-Jews to get out of Russia as well (last year less than 300 were able to leave). The only question we have toask ourselves before the Amendment is passed is whether the free world can accommodate a sudden influx pf 300 millionrefugees. VIET CONG LIBERATE VILLAGE In the early morning hours of October 6 the Viet Cong infiltrated into the Happy Haven Leprosarium at Crescent Beach, South Viet Nam. They blew up the generator and five duplex houses which quartered some of the lepers, the TB ward and the dispensary, and then the school. Missionary Gordon Smith described it as a "pitiful sight. Many of the patients were there. On the ground the wounded were lying on a few stretchers or bloody Most of them were already badly mutilated mattresses. with their leprosy, but now they looked terrible in their misery." . Writing in the New York Times, Pulitzer Prize-winning author Seymour Hersh compared the incident with the American bombing of another leprosarium. He concluded that the difference was that the Americans did it accidentally, but the Viet Cong did it as a matter of policy. Liberation, anyone? �December 7, 1972 THE OPINION 3 Presidents Corner LALUMNI INE by John Hayden wished to try a good professor'in a hard course without the aura of terror that accompanies hard If the present law school grading system hasn't work for tough some worthwhile area. In been worth worrying about yet, be patient, it will all events athe garden in of implications any change should be within two yearseach and every one of you will have considered seriously and and the Court of soon, the opportunity to explain to a sarcastic Appeals should be solicited for comment to avoid conglomeration of potential employers just what is last year's it fiasco. all about. If you find yourself stammering through the sort of explanation that is calculated to make There is another topic that to be raised you appear in the best light, relax and think about and that is the present methodought of funding our the interviewees before and after youwhohave done minority Student Program. or will do the same thing for theirbest light. In an effort to continuea'vital program it has for If it is disquieting that you aren't quite sure what two years been necessary for the law school to use the difference between an H and an HD, or what the bulk of available work-study money to hire separates a Q from an H, at least you can reflect minority students in our quasi-EOP program in order calmly on the apparent lack of certainty on the to permit them, financially, to attend law school. faculty's part. I suppose we could circulate a This is necessary because New York State's myopic notarized copy of memo number 4,319-B which State University Office has not pressed the purports to clarify a previously existing clarification, astigmatic legislature to provide funds for minority and present it to potential employers. When the professional programs. laughter subsided we could then try to explain what The legislature, if it looks at all, has found the it means. presence of a program to be evidence of its success the In alternative we could press for a readable and, while they settle into a feeling of satisfaction at and clear system that wouldreveal the quality of our the good deed they believe has been done, it work. I favor an A, B, C, D, F perhaps with a plus in becomes even less likely that minority students can appropriate cases for outstanding class performance. afford to graduate. The very students who are most I would also like to see with this system an option in need of time to spend on studies must also work under which a student could take two or three at a minimum wage for fifteen hours per week, a courses on a pass-fail basis. I wouldreject any return substantial portion of which would certainly be used to a ranking of class members. for class preparation. Such a system has a number of advantages (and The legislature and perhaps some officials in the clearly a few disadvantages for some). It would serve Chancellor's office ought to be made aware of both to clarify to potential employers where the strengths the community need for high quality minority of a student be. It would show a student the same graduates of professional schools, and the needs of thing. It would relate to a system that most faculty the students who may fill the void. I'm going to send could understand and the plus would permit Christmas cards to legislators telling them that I'm recognition of exceptional work. The pass-fail option concerned about theirlack of concern. I'd like to see could be used in those courses in which a student some others do the same. - Continuedfrom page 2 reaffirms her claim that Nader is "ducking" no-fault, and that the solicitation of funds by CAS from ATLA is reportable news. In the September 16 issue Marshall wrote that a conflict of interest was created, "just as ITT-Sheraton's loan of $400,000 did for the Republican party." There is no hint of apology in the editorial comment Mr. Ross cites, and his quoting of a sentence fragment cannot create one. Fact s—l, for one, am glad that neither of Nader's groups, the Center for Auto Safety or the Center for Concerned Engineering, accepted the $10,000 check. But I wonder whether they would have if Mrs. Young had not writtenher article. Sincerely, Otto Matsch by Earl Carrel Gradually, the academic year is moving on and rapidly, the end of another semester is approaching. Also, many of our Alumni are going into their winter hibernation. It gets increasingly difficult to write a column about our alumni without the alumni telling us what they are doing. Contributions to this column are always welcome, so let us know what's happening. * � * * * * • * The New York State Bar Association's 96th Annual Meeting will be held in New York City, Jan. 23-27. The State University of New York at Buffalo School of Law will be holding a luncheon for all U.B. Law Alumni during the week of the meeting. Watch your mail for further details and if you're going to the NYSBA meeting, we encourage you to go to the luncheon too. � In light of the recent elections across the state and the nation, we'd like to congratulate all of our alumni, and there are many, who were successful in their bids for public office. If we know who you were and what you ran for, we would put in little items about everyone. Since we only know of a few who ran, and even fewer who were elected, Alumni Line therefore gives its best wishes to the winners and losers alike. Gary H. Hoffman, '72, of Hamburg, associated with the Buffalo firm of Miller, Bouvier, O'Connor, and Cegielski died Nov. 26, 1972. * * * We are pleased to note that a fullpage article on the Erie County Jail Counseling Service appeared in the November issue of the ABA Student Lawyer Letter. * * * Elsewhere in this issue there is a continuing series on poverty. The Law School needs your financial help. Please give to the U/B Foundation, Inc., 250 Winspear Avenue, Buffalo, New York. Plea Bargaining by Jay L. Lichtman District Attorney: Let me assure you we have enough evidence against your client to win in court. But we all would rather settle it without trial, wouldn't we, gentlemen? So, if Defendant pleads guilty to possession of a weapon we'll drop the armed robbery. Defense Attorney: I think that's fair to all concerned. Judge:Next case. � • � This hypothetical dialogue represents the phenomenon of "Plea Bargaining" whichhas been estimated to be the form of criminal justice employed in 90% of municipal cases where a defendant has been charged. (A. Blumberg, Criminal Justice) Briefly, it thrives for these reasons: First, the DA., being an elected official, runs on his record of total amount of convictions, and convictions achieved per number of cases brought. Plea bargaining serves bothends delightfully. Furthermore, the other participants of the criminal process support its use as well. For example, being that only about 2% of the 200,000 lawyers engaged in private practice accept criminal cases "more than occasionally," the accused, mostly indigent, are defended primarily by assigned counsel and public defenders. These lawyers, being so overburdened, welcome the possibility of supplying defenses with as little energy and time expended as possible. (Besides, statistics indicate that lighter sentences are distributed for guiltypleas before trial than guilty verdicts after.) In addition, the judges are glad to clear their dockets as efficiently, which seems to mean as quickly, as possible again, as with defense counsel, the problem being an overabundance of cases. Hence, the reality of Plea Bargaining. Those who find this form of "bargain practice" repugnant have offered several solutions to the task of ridding the system of it: Solution one reduce the number of cases. Thishas been tried on a small scale (1 believe traffic cases have been "taken out" of regular city courts in San Francisco), but hardly enough to' achieve substantial progress. There is an effort being made to classify such non-victim crimes as prostitution and gambling no longer as "crimes," but it is doubtfulwhether this, if accomplished, would make plea bargaining obsolete. Solution two increase the number of judges and court-appointed attorneys. This is highly unlikely considering the current squeeze on city and federalrevenue. Solution three find a constitutional basis for striking it down. In 1970, in Brady v. U.S. (397 U.S. 742) the Supreme Court held that plea bargaining, in its usual form (as exemplified above), is not incompatible with the voluntariness requirement of the Sth Amendment. - - - - Besides, such a solution is unrealistic, for our criminal system would collapse with the sudden prohibition of plea bargaining. I n short, these suggested solutions clearly fail. What is not as apparent, but which is far more significant, is why they "criminality" in the best interests of the community. (2) The system may now be able to make the police answerable to a prosecutor's ethic and under his supervision (an admirable quality of some of the European systems.) This may be a significant step toward sparing the process fail. The evil of the Plea Bargaining of the plague of police purgery. phenomenon is not its existence (for the Admittedly, these are only general way our present system operates it is trends and to set out operative schemesis a mandatory) but of what it is indicative, very different and difficult matter. especially in the realm of the prosecutor. However, what needs to be recognized is Our criminal system does not thrive on the the urgency to make the prosecutor really prosecutor's ability to live up to the People's Lawyer by bringing to him professional standards; instead, it plays legal professionalism enlightened by social second fiddle to his attempts at political consciousness. success. The D.A. answers not to a social consciousness but to a social pressure e.g., the case of Dr. Sam Sheppard. Recently, F. Lee Bailey (counsel in the Sheppard case) has spoken briefly of an attempt to rid the American criminal system of this politicialization, and, perhaps, make plea bargaining no longer a necessity. His proposal is, in general terms, an American version of the English The Opinion regretfully announces barrister system. A State-funded the death of Gary Hoffman, U.B. Law professional legal staff handling the School 72, in an automobile accident prosecution and the defense has these in East Auiora on November 26 Mr. - advantages: (1) The prosecutor is no longer politically motivated but is driven by the necessity of performing his legal role with professional and social consciousness. The D.A.'s office is no longer a personal stepping-stoneand can become a long-term project of defining • Hoffman was associated with Miller, Bouvier, O'Connor A Cegielski, a Buffalo firm, and was waiting for of this summer's bar exam at results the time of his death. A graduate of Ca nisi us High School and Boston College, he is survived by his parents and three sisters. �THE OPINION 4 Zounds! I never was so bethump'd with words. KING JOHN. 11, 1,466 December 7, 1972 �December 7, 1972 THE OPINION 5 .. . .. ... He walks Out of the fog, into the smog, ruthlessly (I Relentlessly again by night. wonder where Ruth is)... he's ready for mystery, he's ready for adventure, he's ready for anything. He's Joyce. In the midst of professors droning mantras of code, case and citation to sleeping Ken initiates, he injects humor and excitement into the most unlikely places. Gratuitous transfers. Tax. And a remarkable respect for students and their opinions. He knows your name. Even in a cavern like Room 110, Professor Joyce can galvanize his class to exciting inquiry into the law. And after all, isn't that what it's all about? ■photos by Belling & Levi Turn him to any cause of policy. The Gordian knot ofit he will unloose. Familiar as his garter. HENRY V. I, 1,45. �December 7, THE OPINION 6 POVERTY IV Very often you can save a good deal of money by buying new merchandise which is an Despite denials from journalists and other irregular or a second. Sometimes the romantics, I don't think anyone can be poor and imperfections are impossible to find. Check and happy. Poor and miserable, yes; rich and happy, ask before you buy. yes; poor and happy, no. Try to live on what you earn if possible and Actually, you don't have to be rich to only go to your savings in an emergency. survive in Buffalo. A married couple can do very Don't be too proud to seek out whatever well in this city on a combined income of $7,000 financial aid may be available to you. Look into a year. A starting teacher earns more than that food stamps, unemployment insurance, and and so do most nurses. If both the husband and financial aid. It is possible that you may qualify for wife are in school it is not all that difficult for them to come close to that figure if both are subsidized housing based on your income and family size. Call the Buffalo Municipal Housing working part time. The whole trick is to be careful with money. Authority to get information about some of the Luxuries are nice, but the"y are luxuries. If your new developments. There are some fairly nice city funds permit, you can have some of the luxuries, housing projects and some pretty awful ones. If you have the opportunity to get into subsidized but remember, they are still luxuries. Here are some hints about spending wisely municipal housing, look at it first and ask which can make a difference between being able to live decently and being pretty miserable: Don't be ashamed of clipping coupons out of the supermarket ads. If you can save a bunch of money by shopping a few blocks away from where you normally shop, do it. Remember, however, it does not pay to hit every special in every store, because of all the time and effort that is wasted. Also, just because something is on special does not mean you have to buy it. If you know you don't need it, don't buy it. Statistics have shown that it is more economical to shop once a week than to shop twice a week or more. If you have a roommate, try to combine your food buying and avoid by Earl Carrel 1972 someone from the Buffalo area before you sign a lease or move. Try to avoid burdening yourself with future obligations if you can help it. This is particularly true with loans. Check out the repayment schedule before you borrow. Just because you are a Law Student, don't be too proud to take a part time job. It doesn't interfere with your school work all that much. All work and no play leads to a pretty lousy existence. Go out once in a while. Even every week if you like.There are a lot of free events and a lot of very inexpensive ones. Check the University newspapers. Perhaps the whole key to living is if you have it, enjoy it and if you don't have it try to live without it and don't grow an ulcer wishing for it. Law School is only three or four years. It's over sooner than you think. Milk it for, all it's worth. duplication. There are times when you are better off buying a new item which will last several years than an old or used item which w 11 last only one year. By spending less in the short run, it may cost you more in the long run. Before you buy a major item consider this,but don't use it as a rule if you can't afford the higher price. Belling AOTHERSCHOOLS JOB DISCRIMINATION The University of TexasLaw Forum of November 20, 1972, contains three articles, an editorial and an exchange of letters alleging discrimination in em pi oyment interviews. The series of letters follows: October 13,1972 Dear Mrs. Brown, This afternoon a young man, Mr. Gordon W. Houser, from the Houston firm of Cram, Winters, Houser & Deaton, came to my office to interview me for his firm. He stated that they were hoping to hire one new lawyer, and that he had not considered hiring a woman lawyer. He said that while he would not mind, some of the others might not be agreeable because they had a very capitalistic view of practicirg law. Mr. Houser then suggested that I send him some extra copies of my resume so that he could give them to some women attorneys he knew in Fulbright, Crooker, and I agreed to do so. He thenasked to use my phone and I left the room. The attached page describes the conversation heard by Mrs. Hodges, Judge Pope's secretary. As it is the school's policy to deny school property for interviewing purposes to those firms that will not hire women or representatives of minority groups, the firm of Cram, Winters, Houser & Deaton should be refused an interview room at the law school. I trust that the Law School Placement Committee will take appropriate action. TO WHOM IT MAY CONCERN: At approximately 3:45 p.m. on the afternoon of Friday, October 13, 1972,1 entered my office after having taken dictation from Justice Pope. 1 noticed a young man using the telephone in our briefing attorney's office. Thinking he was here to interview our present briefing attorney, Miss Christine Beachy, I stepped out of my office: to tell her he was here. She informed me that he was indeed Mr. Gordon Houser and that he had already completed his interview, but had asked to use our telephone. Upon re-entering my office, I heard Texas Schoolof Law had adopted a policy of refusing to make available its property for interviews by employers who discriminated in hiring. The policy was in response to an El Paso law firm who told a woman applicant that she need not bother interviewing with thembecause they would "no sooner hire a woman than a nigger." Mr. Solomon reported that "during the course of an interview, representatives from Jackson, Walker, Winstead, Cantwell & Miller of Dallas told him that their firm would not hire women. . . Another article in the Forum dealt someone on the with an allegedly discriminatory letter in which a prospective employer stated: "We School Placement Office had sent him out are only interested in interviewing young there to interview a woman. He went on to men who will graduate in June or August say that, "That lady in the Placement of 1973 ... We plan to hire one, and Office is a real women's libber herself; she possibly two men Last year we had was trying to talk them into hiring some about 50 boys turn out for interview .." women, but frankly, they were just a little too Capitalistic for that." The questionrose as to whether the letter (Mrs.) Peggy Hodges was in fact discriminatory. One person from the Placement Office stated that the word men was used in a "generic sense" to response complaint this an In and that the firm "wants to hire women informal meeting was held with no student who are interested in practice with their members of the committee present. firm," concluding that "the placement Outlined procedures for dealing with office has worked hard to end grievances were not followed. There was no discrimination, but the placement office notification to the complainant or the has nothing to do with who is finally hired employer of the 'hearing', and the by a firm." Comments by law students, "I committee decided to drop the matter. am disgusted with the Placement Office's consistently apologetic stand with regard to the firms that interview here.", and In the same issue of the Texas Law "The Placement Office should not allow Forum, one student, Jay Solomon, law firms who write such blatantly Sincerely, reported further incidents of discriminatory letters to come here to Christine Beachy discrimination. Last year, the University of interview." him comment to telephone that the University of Texas Law YALE STUDENTS GET CREDIT FOR DRAFTING LEGISLATION Yale Legislative Service, a five-year-old organization at the Yale University, contracts the services of its approximately 100 students to Connecticut state legislators for researching and drafting legislation. State legislators are notoriously understaffed, unlike members of the U.S. Congress and Senate, who can pay expert research people to put together the bills they sponsor. YLS offers an alternative to the sloppy legislation whichis the too-frequent result of the legislators' lack of funds. Its students, most often from theLaw School, research the problem, cross-checking existing legislationand court decisions,and draft the proposed law. The work undergoes a 17-step check by officers of YLS, which they claim is as good as any law journal's. For their work, students get academic credits up to five, handed out 1 or 2 per project and the legislature gets free research and drafting. It is estimated that YLS put in 7,000 hours of students' time during the 1971 legislative session, doing work on tax, bail bonds, alcoholism, narcotics, schools, the state's department of justice, wiretapping and juvenile justice. Half the YLS's $15,000 yearly operating budget comes from the Law School, and half from the New World Foundation, which says it seeks "advocacy for the have-nots" through "institutionalized projects." YLS has done about 90 projects since 1967. About one-fifth of Yale Law School students sign up. Approximately 30 projects are currently underway. —- �December 7, 1972 THE OPINION Sports by Douglas G.Roberts Art Brantell's driveway basketball court was the scene of a titanic struggle of basketball leviathans on Thanksgiving Day. There, theBasketball Shysters accepted the challenge of the U.B. Law Faculty and engaged the - learned pedagogues in a fierce battle for athletic supremacy. Jo Jo Teitlebaum served as the titular mentor for the elder aggregation. After a 30 minute tryout session at Delaware Park, Coach Teitlebaum culled his roster to the hegemonic level. Cut were such superstars as Bubbles Girth (too small), Flash Gordon (couldn't absorb the intricate offensive patterns), Mad Dog Manak (refused to don the standard white sweat socks), and Red Franklin (had good moves to the left with the ballbut couldn't go tight). Before Referees Wild Bill Greiner and his sidekick Jingles Gifford got the festivities underway, Ms. Shirley Choises threw out the ceremonial firstbail. Unfortunately, Shirley's toss went awry and hit the Shysters team captain Speedy Porky Tracy in the mouth, incapacitating the student's singular asset. From the opening tap, it was obvious that the Shysters were the masters. They ran their offensive patterns with versatility and elegance. Their defense was tenacious and unyielding. However, what impressed the assembled sportswriters most was their unintercepted display of talent, typifiedby theboundless flow of players coming off the bench to replace the starters. The Faculty was able to keep the game close only by employing devious stealth. The reasonable man observing the contest could come away with but one conclusion a conspiracy existed between the' referees and the Faculty to cheat the Shysters out of their just - triumph. As the game entered its decisive last minutes, the Shysters held a precarious two point lead. At this juncture, 7 Huddle Coach Teitlebaum signaled a timeout. During this Cooly, the Scooter stepped to the foul line and interlude, with his squad gathered around him alongside swished the net with the winningpoint. the bench, the Faculty mentor drew up a hypothetical The thoroughly downtrodden Shysters accepted play on the blackboard. "Follow this play," he told his their defeat admirably. Their spirits were uplifted by the troops, "and you can't go wrong." knowledge that come next winter they'd have another shot As the clock resumed its ticking, it became apparent at the big boys. They were comforted by the knowledge to the courtside observers that the tide was about to turn. that Al Snyder had turned down lucrative offers to Lobue Joyce, taking time off from his part-timejob as the practice law and had entered the Mendy Rudolph School Maximus Super salesman for the choice Cheektowaga of Officiating. Coach Tracy issued a sobering warning to district, passed the ball in to Scooter Katz. Katz, artfully ■ the faculty: "Savor your victory while you can,old men." employing the pick set by Elmore Wenger, drove fiercely toward the basket with reckless abandon. Up, up he SPORTS NOTES jumped and as he reached the zenith of his leap, he viciously jammed the sphere through the hoop as the The NCAA announced in Kansas City last Tuesday buzzer sounded. Simultaneously, Referee Greiner'swhistle that the U.B. Mahjong Team had been placed on a two screeched. With every eye in the stands peering ever so year probation and will be forced to forfeit all its intently down upon him, Referee Greiner signalled a foul. 1972-73 victories. The reason cited by the NCAA for this However, it was obvious to everyone watching that harsh sanction was that the Mahjong team had committed Scooter Katz had not been so much as touched by a unfair recruiting practices. Shyster player. An embroilment ensued. Tempers flared. Coach Harvey Waldheimer denied each and every The angry Shyster bench emptied as one and beset Mr. allegation. "Sure we treat our boys nicely," he Greiner. Just as it appeared that fists might fly, Scooter commented, "but we never promised any one of them Katz stepped between Greinerand one of the Shysters and special treatment if they came to U.B. Law School." warned the student athlete harshly, "Look, man,don't lay The U.B. Mahjong Team ended its five game West Coast road trip with a five four and one record. Only the no boogie-woogie on the King of Rock 'n' Roll." Cooler heads prevailed. The Shyster coach, Luther Missoula, Montana Brownie Troop 147 could vanquish the Rackley (formerly known as Charlie Pilato) approached squad's super defense. Victories were recorded over the the other referee. Jingles Gifford. After oral arguments Evans, Arizona PTA, the Council Bluffs, lowa DAR, the from Rackley, Gifford offered his decision. "Unless," said San Luis Obispo, Calif. John Birch Society Chapter, and Gifford, "you can show that Referee Greiner lacked the the Port au Prince, Haiti Marxist Society teams. The only unfortunate note of the highly successful proper information to make the call he did, his decision must stand." Further, he stated, "I must respect Mr. road trip was Coach Harvey Waldheimer's arrest in Juarez, Greiner's expertise on this subject. His decision has the Mexico. Waldheimer was apprehended for smuggling marijuana into Mexico. presumption of correctness." Anyone interested in assuming the reins as coach of With their administrative appeals exhausted, the Shysters conceded and allowed Scooter to take his foul the Mahjong team contact Harvey's roommate, Carol shot. Simms at 837-0874 or leave a note at locker 254. • AMTOWAGA C A M r II la. 13 X |^ H*~P ['• I'J 1 CONGRESSIONAL HEARINGS HELD ON LAW SCHOOL FINAL EXAMS; STUDENT TESTIFIES. by Lucius Q. Paddlefast Charley Cheveux, a senior law student at the Grimetown Law School, testified in Washington today that his group was making plans last year to raze the School unless the practice of final exams was discontinued. "Our group called itself 'The Abolitionists' because we were in favor of abolishing final exams at the Law School. A faction headed by me just wanted to secede from the Law School, but a more militant faction led by Gunior) Sam Sumter prevailed, and it was decided that we would bombard the Law School. "The Civil War cannon on the grounds of the Eerie County Building directly across from the Law School was going to be used as our artillery piece. One night it was turned around to face the walls of the Law School, and a triangular pile of cannonballs was placed in front of the weapon. Meanwhile, a tunnel had secretly been dug between this emplacement and the student lounge in theLaw School Building, and a crack unit of ex-artillerymen was ready to open fire at a signal to be given by Sam Sumter. "At the last moment, however, Prof. Mark Lagger of the Law School Faculty heard of our plans and invoked estoppelagainst us. "Lagger argued that violent measures would only escalate the crisis. He urged us to work peaceably within the system to bring about the end of written final exams which he professed were as obnoxious to him as to most students. Lagger specifically proposed that the artillery barrage idea be dropped, and that instead petitions be circulated calling for termination of final exams. As a concession to the militarists in ouf midst, Lagger suggested that the petitions be fashioned into paper airplanes, and be hurled in a defiant fashion whenever an announcement was made regarding finals." of The testimony was given at the most recent hearing the Paddlefast Committee, which is looking into charges that final exams constitute "cruel and inhuman punishment, and therefore should be outlawed. Paddlefast, a freshman Congressman, was victonous last November in his run against Stuart Stutter for the 99th Congressional District (Amtowaga). Pj 5. Flower ; 17. William Regan's domain. 24. In (Fr.). 25. Garlic pieces. 28. Batters. 31. Despoiled. 32. Asteroid. 33.8.C.E.,ie. 35. Ended! H___!__j__!__^^Pß_ll__J | 4*. Igneousrock. 49.Craze. course necessary 52. Senior for the bar. 55. Escape. 56. Pours. 57. Type of exam. 58. Ex-head of S.S.S. 59. Type of thief. 60. Ancient Persian. 36. Playgrounds. 37. Stead. 38 Good golf score. 39. Rave reviews. 40. Also ran. 41. Shot a ray. 43. Early and late. Houlihan 44. Hot 45 Fabric 46. Man'snickname. Answers to No. 4: lihl*M'B'''l°l*l''B''nn IrKL*I B \a \ \iw\li 'Ik KUK-pflaLfHsMcLkpj ' I fc ■■7ptn,>LjM7|r RpiWM H <Hfll t1cH>l'MTT'rn rKll;imil!>itli^Bel«lslEl \r\a \eVehmAt\t>\ffdMn\L\i.\ Iwli I' t 'n'cJH'r RT^J IP¥VyWiff''l'y4lfPW Mliilf'Lj^lvi^BolMifftI«I«1o| |plr*yii IwUlrl lilrlbl*]!! [{,|f IclVt^fle IsßrltUrFl DOWN 1. One of four. 2. Astringent. 3 instrument. 4. Mideast nation. s.lres. 6. Panther Bobby. 7. Late actress Sharon. *■Aislei '■ Translatesthe law from Latin to English. 10. ...man oi 11.Rural deity. 12.Tangy. . 13. Concorde's counterpart. 18.Chose. Bp^^H^ 19. Dialects. 23. Eternal. 24. Daggers. 25. Harvest yield. 26. Vichy premier. 27. Horse or soap. 28. Biblical name. 29. Sire. 30. Scoff at. County. 32 34. Mongrels. 36. Appears to. 37. Vanquished. 39. Kenyan Olympian. 40. Fragrant flower. 42. Kitlei. 43. Cover up an odor. 45,Tcna 46. Waller ■"■Urn' 48. Graf Mare. 49. Shoot. SO. Type ofschool (abbr.). 51.Takeout. 52. Buscorp. 53. Discern. 54. Uncle �The Environmental Crisis by Robert Doren COMMENTARIES OFMY JAROF VASELINE . We all speak freely of the overcrowded world. But let us not be too anxious, Lest we be macroscopic And state the problem. For now look at the beginning, As each problem has one, And what of the situation In which My Jaris abused. Just as we strike a match To light a candle And use a poker For a fire. All processes have their initiation And thus we must halt them in the bud. So as phosphates are withdrawn, So must we ... the Vaseline. v '"■ December 7, t972 THE OPINION 8 Hence the story is over, but alas not. For if we be micro once again, The situationis clear And the circle is,as ever, closed. .. For take My Jar in hand And use this sage's advice. Now just think a moment Oh yes, My Jar! .. Now what is the source of this problem; Just the solutionof the other. For "everything must go somewhere" What do 1 do with the jar. BulETiNBoARd SENIOR COMPOSITE Seniors interested in having their pictures taken for a composite, see information on bulletin board immediately. ESSAY CONTESTS I. In celebration of the 500th Anniversary of the birth of the Polish astronomer Nicholas Copernicus, the National Advocates Society is sponsoring a $1,000 essay contest. All law students are eligible to participate. The essay must deal generally with the legal systems existing in Poland in the centuries of Copernicus, 15th and 16th. For further information, write to: NAS Copernicus Essay Contest c/o Edmund A. Godula 2 North Riverside Plaza, 1400 Chicago, Illinois 60606 The deadline for submission of the essay is March 1, 1973. II. The Section of Family Law of the AmericanBar Association is again sponsoring the Howard C. Schwab Memorial Essay Contest; subject: any aspect of family law; open to second and third year law students. For further information and/or entry forms, write to: Division of Legal Practice and Foundation Howard C. Schwab Memorial Award Essay Contest 1 Be..,n fl ABA Section of Family Law CLERKING POSITIONS AmericanBar Center 1155 East 60th Street Senior clerks who will be leaving their jobs Chicago, Illinois 60636 The deadline for submission of the essay is April during the next few months can perform a valuable service to Junior and Freshman students by urging 16,1973. their employers to hire a replacement. The urging process may become far easier if you offer to refer CLASSIFIED AD several well qualified law students to them for a Come and hear me, "Mr. Savino," freshman Sect. choice, and to train your successor by showing him 3, with my sorta-jazz group, Thermopylae, at the or her what must be done and where and how to do Blacksmith Shop (drink or eat), 1375 Delaware, it. That sort of help ought to please your employer Fridays and Saturdays, so I'll have enoughpeople to with your concern and make it far easier for a firm to absorb anotherperson productively. get the job permanently. BAR REVIEW COURSES Plans are now underway forreview courses for Analysis Clinic will be held in Buffalo. Representative Charles Nash announces that the cost the March and July Bar exams. PLI Representative Rosalie Stollannounced that is $60, and the clinic will be available twice to June persons taking the July Bar now have the option of grads. listening to the PLI tapes twice: they will first be Marino Bar Review Course will be offered, too. offered January 24 until the end of April, three Representative John Anderson states that June times a week, three hours a tape, with a makeup graduates may hear the tapes twice once during class scheduled for each tape. Beginning in June,the the school year and again in June. Tapes will be new 1973 tapes will be played six days a week (three played twice a day during the school year. The fee hours per tape), until a few days before the Bar. for Marino is $200, and Mr. Anderson has devised Each tape will be played in the morning and three payment plans. Tapes will be played three repeated in the evening for those persons with jobs, times a week. Marino will also have new books out or who wish to listen to them twice. The 1973 to supplement the course. Persons interested in 13-volume Compendium of New York Law will be signing up for the Marino Bar Review Course should available tentatively in early April. Cost of the contact either Anderson or Alan Snyder. Both Marino and PLI will be having course is $185. WachtelFs "New YorkPractice under the CPLR" is available at half-price, $10, to persons concentrated bar review courses in preparation for who sign up for the tape course. the March bar. Interested persons should contact the For the first time this year, the Kass Proolem representatives. * - BUildNGEWNOTE by Earl Carrel The State University of New York at Buffalo broke with precedent to name the new Law and Jurisprudence Building after the Law School's oldest living alumnus,John Lord O'Brian. In addition, to announcing the name of O'Brian Hall as the Law Building, the State University Belling Board of Trustees, meeting in Albany chose to name the Law Library forCharles B. Searsand the Moot Courtroom after Carlos C. Alden. In deciding to honor Mr. On Thursday, December 14th, at 1 p.m., the Distinguished sponsor Law Club, O'Brian, the Trusteeswaived their will together with the International Forum, Visitors an International War Crimes Forum. Ted Orlin, President of the requirement that buildings be International Law Club, has invited Dr. Howard Levie and others to be namedafter deceasedpersons. An 1898 graduate of the U.B. announced. The Forum is open to all members of the Law School Law School, Mr. O'Biian served on community. War Crimes Symposium the University Council from 1903 to 1929 when he moved to Washington, D.C. He still maintains a law practice in that city wherehe held appointments from six presidents. Now 98 years old, Mr. O'Brian still maintains contact with the Law School and is listed on the Faculty roster as Professor Emeritus. The late Judge Sears, after whom theLibrary has been named, served on the New York State Supreme Court and in the Appellate Division, Fourth Department for a totalof 24 years. Both he and Mr. O'Brian have received the coveted Chancellor's Medal from the University. Mr. O'Brian was the recipient in 1940 and JudgeSears in 1941. To students, faculty, and alumni of U.B. Law School,Carlos C. Alden needs little introduction. A native of Maine, Dean Alden received his LL.B. from New York University in 1892. He was 38 years old whenhe came to Buffalo in 1904 to become a prof, oflaw and Dean of the Law School. He served as Deanuntil 1936 whenhe reached the age of 70. This was not the end of Dean AI den's association with the Law School, for he remained on the teaching faculty until 1954. He then was honored with the title of Professor Emeritus. Dean Alden died in 1955. In naming the Moot Courtroom after Dean Carlos C. Alden, the Trustees are honoring the memory of the man who for 50 yearswas the Buffalo Law School. � 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, 1972-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1972 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 15:43:00 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/7388f195c40ccb9978c130fc7a647874.pdf ef416229b434b1742e3a92baae7da423 PDF Text Text No-fault is never having to say you're sorry. Volume I don't need a lawyer, I'm goingto tell die truth. MY OPINION 13,Number X December 19.1972 State University ofNew York Palace of JudicialWisdom 77iis issue of the Opinion is presented solely in jest. The editorsand staffhope it will be accepted in that spirit. Law School Spaced Out of Prudential University Commissar for Facilities Planning, John Teflon* announced that the move to the Amherst campus will be delayed well into the murky future. In an exclusive article with The Opinion, Mr. Teflon* outlined the reasons for the delay. The primary reasons for maintaining the Lawr Skool downtown are the delays in construction of the "chilled water plant," which will supply the chilled water for the new campus as well as the steam to heat Orwell Hall, and delays in the construction of the bar in the Faculty Lounge. Accordingly there will be no move to the Big O until sometime in 1984. (Dum, da-dum-dum) "It's pretty difficult to run a university without hot air and gin for the professors," said Teflon*, "although some are willing to drink Thunderbird* out of hip flasks." Provost "Red" Schwartz, when questioned about the future plans for the Lawr Skool expounded on the space problem. Since the Skool had given notice to the Prudential Building that the University will vacate the leased office space effective July, 1973, the owners of the Prudential Building have prudentially negotiated a le;.oe with the State to operate a combination bingo and massage parlor in the presently occupied space. This means that all Lawr Skool activities will be confined to Eagle Street, since the Chancellor's Office in the Albany Law School Becomes Leaning Pyramid. Complex has ordered that no more space is to be leased from non-university sources. In view of the upcoming space crisis, Ass't. Prov. Wm. Greiner has suggested that all student organizations be stayed temporarily. All faculty offices will be located in rooms 108 and 110, administrative offices will be located in what is now the Flaw Preview office, and all secretarial staff will be located in the Librarian's suites. The third floor will be converted to class rooms, and the entire library operation will be confined to the second floor corridors. Students will be required to show a class admittance card in order to enter the building. To accommodate Tower of by Carrel Matsch all the students, classes will be run from 0700 to 2100 hours. Seminars will be conducted in the streets by relevant professors. Robert Ketter, U.B. President, stated that he hoped to get some space for the Lawr Skool somewhere in the city, but refused to be quoted. "Don't quote me on anything," he exclaimed. He expressed hope that there would be cooperation from both students and faculty for this minor inconvenience, and emphasized that plans to expand the student body to 1200 by 1975 will continue as scheduled. "We need more lawyers," said Ketter. "The jobs are going begging." trademark Jurisprudence by Peter Jasen Resting on a sea of muck and mire, the Law and JurisprudenceBuilding has presently achieved a list matching that of the famous leaning Tower of Pisa, and the administration is very pleased. A spokesman for the Administration felt that the building couldbecome a rival of nearby Niagara Falls as a prime tourist attraction. A new committee has been formed with Provost Greiner acting as temporary Chairperson, and at that committee's first meeting the talks centered around continuing with the school's policy of fostering closer Administration-Faculty-Student participation in the handling of this windfall. In light of such policy, there were strong indications that a student would be appointed as tickets chairman, and sources close to the school confided that Michael Stachowski, a student at the law school, would — mammr Sutfornanta/Bsliing be the committee's likely choice. Many of the students were also pleased with the new leaning tower. Senior Otto Matsch beamed when he stated, "I am proud to attend a school whose facilities are finally —«—— leaning to the right." ■" MotCourt Regional The Region 69 competition of the Eisner v. Macomber International Moot Court Competition was held during November's period at Yale University in New Haven, Connecticut. Perenially strong,the team from the windy city, the University of Chicago, was once again the winning team. The problem mooted this year was extremely topical, dealing with the concomitant legal problems ol airline hijacking. More specifically, the underlying legal issuerevolved Beling Sympathizing with loss, Shysters donated this trophy Moot Court. to aroond an airline passenger's fourth amendment rights. Buffalo argued the petitioner's side, contending that airline officials have no legalright to comment on the quality of businessmen's underwear being carried in their attache cases. Buffalo's team flew to New York City via American Airlines, Competition coach fare, of course, and from there, the team tooka Connecticut limousine to New Haven. In the car on the way to New Haven, Frederick Steinberg met an eccentric, but wealthy, man who recommended a fine Italian restaurant in New Haven. Unfortunately, the complete staff of the restaurant was queer and Jesse Baker protected David C. Sehubel from a homosexual rape. After the restaurant affair, the Buffalo team was quite shaken. The team members contend that this factor weighed quite heavily in theirsecondround defeat.David C. Sehubel was quoted as saying, "I'll never eat Italian sausage again." All theteams in the competition were given tickets to attend the premier of Andy Warhol's movie "Heat"after the culinary delight the banquet. Sylvia Miles, one of the stars of the film, sat in therow directly in front of the Buffalo - by Dave Sehubel delegation. Sheasked that the team remember her to Ken Joyce, Moot Court Faculty Advisor. Allegedly, Mr. Joyce and Miss Miles made a film together on the virtues of chastity and its relationship to successfulbridge playing. Buffalo departedNew Haven by means of a helicopter Sunday morning after Jesse Baker won a bagel and lox eating contest the evening before at the Jewish center. Unfortunately, he did not win first place, which was a ride around New Haven in Harry Golden'scadillac. Arriving safely in the Big Apple, the team purchased several nice watchesfrom a gentlemanwho was having acloseout sale. It seems that the lining in his coat was wornout, and he was changing locations. Frederick Steinberg's watch lasted the longest, because, unlike the others, he did not try to wind his up. �Tuesday, December 19, 1972 New York Times 2 Editorial Smoker Lynched e eed ETvhilW The Opinion announces that, as a result of the death of Joe Strike, reported elsewhere in this issue, outside help has been offered the administration of the Law School in deterring the possession and sale of tobacco cigarettes. Sheriff jiike Amico-has a.deputy making jdaily rounds of the basemertt rboms"with thi"ae isrge;anS vicious Mexican Chihuahuas' (formerly German Shepherds, whose identities have been changed to comply with minority hiring practices) who sniff at each locker in an endeavor to ferret out any previously undetected tobacco grains. Each student and faculty member is frisked upon entering any of the Law School buildings by Special Deputies of the Buffalo Police Department armed with proper warrants. Breathalyser tests are given to random students in PI and 110 Eagle periodically. The Opinion fully supports the action taken by the Administration in its effort to stamp out the dread weed in our environs. UNKOWHO Two women libbers lying in bed, one turned over to the other and said, wheels. U.B. law grad, U.B. law grad, Bum bras, Broad Topics is a and a hot prospect with several local law firms the big ones) and Mrs. Earl Carrel (Earl makes 25 thou a year as an aide to one of Buffalo's finest law firms he's been promised a partnership upon graduation) while shopping in lovely downtown Buffalo lately (at some of the finest stores)bought some white elephants (the African kind were out of stock) Mr. & - - Mrs. Peter Jasen (he's a senior in Law School) announced a new addition to their family. Mr. Jasen brought home a lovely white miniature toy poodle named Fifi with a pink ribbon on Saturday. Congratulations to the proud couple ... Mrs. Mike Stochochochoch, speaking from her office in City Hall, will be sponsoring a crazy eights and kielbasa party next Thursday at 1:00 in 110. Admission by City Hall ID only . .. TNE OPINION C. Millhouse Green Photography Editor — Jingle Feature Editor — Earl "The Grinch" Carrolle Cossell Sports Editor — Articles Editor - Jasen — the Golden Fleece Managing Editor — John "Like the Dungarees" Assistant Editor — La Tuna Poetry Editor - e.e.doren Arts Editor - Ishkabibble Rabblerouser — Otto Matsch Editor-in-Chief Vacant Business Manager instead of - - Announcement The administration has announced that there are 11 and that only Yale Men need faculty openings for next year, apply. Q. 1 recently purchased a Shyster T-shirt in the basement of Eagle Street from a fly-by-night outfit, and when I wore it to tax class, I was called to answer by the professor, and consequently I sweated, a lot, and the red dye came off on my skin, and I can't get it off, so now I have a Shyster's tatoo on my chest. Can I sue them? ROBIN RED BREAST talk to their mothers. Q. I am teaching a Contracts course at a local business college and one of my students said that I didn't know what I was talking about. I have successfully completed Freshman Contracts, and I was wondering if 1 can sue for defamation? SLANDERED AT STRATTON A. Service of process will obviously be by mail and nail, so mail a "to whomit may concern" letter c/o the Law School, and nail service on the men's A. You might have successfully passed room door in the basement of Eagle Street, and if Freshman Contracts, but what about Freshman Marty or Al doesn't respond, write us again and we Torts? Go back three spaces, do not pass go, do not will give you their home phone numbers so you can collect $200. Tibetan Relics Unearthed Bellings Doug Levy Kay Friends of the Editor: F. Tom Bailey, Bob & Hazel, Dean Milk, Gil Buffomante, Dave Mooble, Diana Greaeaeouaebner, Mrs. Palsgraf, Duff Gordon, Lady Eldon.A Rose. wings, headed by Strike. The Cancer Caucus has a membership list of approximately twenty with some faculty input. In the past students have flaunted their membership in the face of pleas from other students, professors, fire regulations and health crusades. A spokesman for the Caucus, speaking from his bed at Roswell Park Institute, stated: "Lucky was a martyr. From now on we will redouble our efforts we will put two pipe smokers in every seminar room, we will triple thenumber of ash trays in 110 and then stomp out our butts on the floor! Wewill pass out cigars to all the profs thisis totalwar!!" If You Want My Opinion Steal jobs, U.B. law grad." Mrs. Otto Matsch (Otto If men were meant to fly, God would have issued them "I want to be a U.B. law grad, I want to have and not to be had, regular columnist with the Opinion Levi Davidson views body. Students entering P2 yesterday were surprised to see the dangling body of Joe "Lucky" Strike suspended by the neck from the central neon light. In the yellowed fingers of his tattooed right hand, he held a last butt in a final symbolic gesture. Attached to Strike's necktie was aprinted note: "Welcome to Marlborough country! (Signed) TheVigilantes." Mr. Strike had been the focal object of severalOpinion editorials whichhad incited the student body to fever pitch.The SBA formed the Vigilante Committee, ratified by nearly the total membership,at last Friday's meeting, determined at any cost to do away with the Cancer Caucus, an organization MB usic ox in frontof theLaw School. Excitement mounted when an embalmed yak was found next to the replica. Analysis using an atomic spectrometer and a molecular isotopic-spatula-interfacer revealed that the yak had only partially digested his last meal of ferns, terns, yearns, herniasand yogurt, indicating that he died suddenly and involuntarily. The embroidered breastplate still strapped to the yak's back packhas an in scription in pre-Tibetan Mt. Everest 15 meters tall buried Tibetan and has not yet been under the irridescent clay and glop translated,oreven deciphered. Archeologist Gordon Leekey was tripping down good old Eagle Street the other day when he stumbled onto an archeological finding which promises torevise all presently held theories of the discovery of America. It seems that while gazing into one of the cracks in the sidewalk he spotted an unlikely glimmer, whipped out his trusty E-tool and began to dig, and soon discovered a solid tin, gold-plated, zinc-brazed replica of Although any conclusions drawn from the availableevidence would be premature, Leekey indicated that he was hopeful that further excavations would reveal more evidence to prove his theory of a pre-Viking discovery of America by roving Tibetan yak thieves, mountain smugglers and/or missionariesand fur traders. "I think we may well find that the legend of the Abominable Snowman derived from an escaped Iroquois slave that the Tibetans took back with them," quoth Leekey loosely. Due to the windfall tourist attraction in the leaning Tower of Prudence (see related article, page one) Provost Schwartz has met with the planning committee and announced that there will be Muzak piped throughout the building. In an unprecedented move, Mr. Schwartz also expressed concern for the needs of students and reported that in order to overcome the psychological debilitation experienced by people during long distance moves, the Welcoming Committee of the Law Wives has offered to record on tape the hisses, squeals, and clanks of the radiators in PI and 108 Eagle. These tapes will be played together with the Muzak only in the classrooms, seminar rooms and the library, solely for the benefit, of the students in the hope that this program will ease the withdrawal symptoms and aid in expanding the dynamic parameters of this recent socio-mobile transmogrification. Beling �Sunday, April 1, 1802 Lydia Pinkham's Weekly Report 3 SOUL KITCHEN AalPnNWdork lays? Last year all my college friends said, "You're a theatre-person, why are you going to law school?" 1 would grin and they would, one and all, add, "And why, for god's sake, are you going to law school in Buffalo?" It was a reasoned decision on my part, going to SUNYAB Law. Besides the fact that I wasn't admitted to any other law school (a rather persuasive fact), I knew, to a reasonable certainty, that here I would be steeped in one of the most progressive theatrical atmospheres offered by any educational institution in the entire country. My reasonable certainties have beenrealized. Consider, ladies and gentlemen, the following conclusive evidence of the highly theatrical orientation of the law education available here on West Eagle Street. Where else can one find hourly STREET THEATRE performances of the caliber enacted by our freshman class as they emote and declaim their way between the Prudential Building and Eagle Street? (For those who are not so theatre-oriented, appreciation of our STREET THEATRE is considerablyheightened if viewed in terms of a complex, albeit modern, ballet. Note the lithe and well-trained bodies as they pirouette around speeding autos, leap over snowdrifts and execute perfect splits on the icy sidewalks.) We also have ENVIRONMENTAL THEATRE of an extremely high quality provided in rotating repertory in PI. The environments an audience might encounter in PI (some could regard it as a disadvantage that one never knows the environment billed for a particular day) are of two types: a) ass-freezing cold and b) suffocating hot. Both atmospheres are invariably enhanced by an interesting lighting effect commonly called over-powering cigarette smoke. Yes, in PI, the producers have created an arena for drama unequalled in any law school. It was here Professor Laufer enacted that unforgettable scene from old vaudeville known as Banana I and Banana 2, and here that he pleased the crowds with his rendition of how one may make a car "fly, like Batman." It is in this same Friday room that Professor Holley puts forth, three times a week (most weeks) a laudably consistent, side-splitting comedy called Crime Pays (If You 're a Lawyer). And it is also in PI that viewers can catch Professor Homburger's palatablecourtroom drama entitled Civil Procedure (of special interest to those concerned with technical aspects of production). PI is a veritable Garden of Eden for the theatre buff and just North of Eden, one flight up, law students are blessed with another center of culture, P2. The diversity and quality of entertainment offered there defy description. Section 2, for example, has followed the enthralling stories of men beset by hairy hands, dilatory eggs, and drunken text-book writers. Under the tasteful direction of Professor Fleming, .. those touchy topics were rendered with grace and timely relevance. But the Prudential have beginning. We also Building is only Theatre of the Absurd. (I would like, incidentally, to commend the ENTIRE freshman class for their landmark version of ABSURD THEATRE performed in the library last week which they lovingly call Legal Research Assignment job, troupe!) Note: I anticipate with untold glee the climax of my freshman year, the dramatic and production, Let's spectacular, cast-of-thousands Move to the North Campus. Ibby Lang For Al Katz: a sew-a-buttonkit. To Ken Joyce: Lou DelCotto. 1 copy of Tax Tips and Tax Dodges, from good promised From Howard Mann to Ken Davidson: a hairnet. To Professor Fleming: a hair shirt, a carbolic meatball,and a case of Chantenay carrots. - The variety and depth of the theatre experience at SUNYAB Law makes it a rewarding and satisfying place for a person of my orientation to pursue my studies. Round John Virgin A CHRISTMAS GIFT: the Eagle Street. Within those walls small ensemble companies rehearse untiringly for classical productions such as Law Review and classical comedies like SBA. Masses of students there participate in the equally gruelling, but more experimental forms such as the Lunchroom-Lounge Crew's daily Destruct Theatre act and the Library Contingent's interpretation of To Dan Gifford; a set of garters. For WadeNewhouse: a course in Brooklynese. To Bill Greiner: a hot air comb, in pink. Friday frey's tag Try all techniques Friday, and my heart (o my heart) isfilled WITH filledwith the desolation the smoke hanging in the lungs of a cross townbuss ) (like of knowing knowing is all that you can't bring it home again bring it home again bring it holmes again Why don't they give fridays aWay The other days cost sooo much fofree? — soooo eeeee as ye so so shall ye reap? shallow creep And now a word from Dean Mick's: CREOSOTE when)you've said creosote(( you've said it all -contributed by Lee Wrangler - With Apologies to Poe by Earl Carrel Once upon a Winter dreary, While I pondered weakand weary Over old Kings Bench reports Instead of doing Laufer's torts, I came upon some ancient tales Of persons thrown in musty jails. I read about the olden way The tortfeasor was made to pay for wrongs he did by night and day, and little could he do or say. My eyes grew sore, my head grewnumb. Professors told me 1 was dumb. I couldn'tbrief a single case Without a look upon my face, That spoke quiteplain that what I saw Was not fair or just,but law. It soon became an awful bore When I thought of time spent on the floor With books of law and rules and more To study law, ah, nevermore. .. We are not here to see that they get jobs, we are here to train them so that they might know what to do if they got jobs. Davidson Sponsors near Ms. TistbetShsoan Joly The organization demands the The SBA announces the formation and funding of the admission of more women into the Society for the Preservation of law school in a proportion equal to Equal Rights for Men. Faculty that of the general populace. "No advisor Ken Davidson announces law firm wants to hire a woman," that the group was organized in one member chortled. "In thisway, of response to the formation of two SPERM members willbe assured the having an abundance of jobs other sexist organizations NLF (New Legal Feminists) and again." Membership is open to law GLS (Gay Law Students). President Alan Leebowitz states spouses. So far, Leebowitz that there is a great need for this announces, Mr. Kay Latona (Jack) counter-organization to ensure and Mr. Tricia Semmelhack (Hank) have paid theirdues. that true equalitywill emerge. This is the Opinion hoax/jumdy issue. All Hems contained herein are presented with no harm intended. We hope all who are offended are - not. ' \ ' '' �Nixon 1, 1968 The Whittier Misrepresentation 4 Mugel's Bugle To my wife forlife, and then to my son; that no good, that goddamn son of a gun. Let him keep it a week, let him keep it a day, But at the end of a month he must give it away. A POA, I say, the boy must yield, nor hide behind that brawny shield of relations back, or perpetuity rule, He'll replace the remainders, that idiot fool. That spendthriftson, let him spend what he may, the corpus will sit to his dying day. And then, I think, just for a lark, I'll leave the remainder to Cousin Max, the nark. Is this man smiling? Why is this man smiling? The Opinion staff has triedits best to present a Christmas issue in jest. Ifyou 're offended, let us hear it, but we hope youlike our spirit. Ohho's Believe It Or Not (Take Your Cotton-Pick) Chicago: A three-judge appeals court today found Judge Jules Hoff guilty of contempt of court for his Ohho's Believe It Or Not (Take Your Cotton-Pick) during the trial of the Zeroes" and reversed their convictions for riot and conspiracy to riot. The court said that Hoff had behavior "Chicago Batavia: The Fastest Horse Ever. Fans were thrilled pink when Little Lightning set a track record for the historic oval. The speedy speedster blitzed the engaged in such prejudicial tactics during the trial that the jury was "hopelessly" prejudiced against the "Zeroes" and was unable to render a fair and impartial verdict. The court cited the conviction as absolute proof of prejudice in the jury box. The court listed over 200 specific track in a. three-eighths-mile fast 6 minutes, 42.6 seconds, beating the old record by miraculously 4.8 seconds. The sleek horse was led into the winners' circle to the tumultuous roar of the crowd, and the jockey instances of behavior it considered prejudicial by Hoff. The list included wearing judge's robes into court, gavel banging which interrupted the defendants (the appeals court assisted out of his safety devices by three squires. interpreted shouts of "F!!k you, you Hiking fascist pig-f!!ker" as pleas for justice, and shouts of "Dr!p dead!" as cries for mercy), arguing with As the Racing Commissioner Jockey Willie Shorts his wreath and prize money Shorts was heard to complain about the 300 pounds of safety equipment required of all horse-rider teams since the book "Unhorsed at Any Speed" has caused the Consumer Protection Agency to issue safety directives for handed Particularly irksome. Shorts commented, was the roll bar. Little Lightning's owner was also interviewed after the race. He acknowledged that Clydesdales were not as fast as the now-extinct thoroughbreds of yesteryear, but were the only horses strong enough to comply with the CPA directives. "We're working on the 6-minute 3/8 mile," he bragged. "No more beer wagons for us." saddles. OUTGOING OFFICERS FETED At a black tie dinner at Happy Jack's last week, the outgoing■ officers of the SBA werewined andI dined by the entire student body.| In between the Chicken Chow Mem and the Spare Ribs, Outgoing | Treasurer Mercedes Bill presented his fellow officers with solid gold on walnut plaques. i "Aw shucks," said Vice] President Rose Troll, "I guess we earned them," as c traced the diamonds spelling her name. Later she was quoted as saying "It'll sure look good on my resume." * counsel for defense, the Hon. William Kunst (now ambassador to Hanoi), allowing two-armed baliffs Belling Mandel's Magical Mystery Tour: A View from the Other End Call E.J. for Appointment Prerequisite: Torts B and Experience with the various aspects of privacy. into the court room (an "ominously militaristic note," noted the court), and worst of all, allowing the trial to extend beyond the jury's twenty minute attention-span. A fter Judge Hoff for and setting aside the "Zeroes" conviction,- the appeals court nominated the "Zeroes" for an citing contempt Academy Award for the Best Performance by Alleged Defendants. Commenting on the ruling, Ambassador Kunst said simply, "It worked." Mew Ass. Dean Vending Prices Appointed The administration, in a move to expedite the national trend to humanize wimmins has appointed Ms. Margy "Trix" Mix to the office of Ass. Dean.'She will work under Dean Filip L'Oknouroonee in a basic position. The administration has further announced that the new Ass. Dean will take complete control of the decorations for the faculty lounge in the new Law School Building, "Orful Hall," in Amherst, and that her comments should help to "round out" the discussions and present the "distaff point of view quite effectively . (cont. onpage oh ho) to Rise 200 per cent Across Board Steal-a-Dime Vending Machine Corporation announced-Monday that prices on their machines in the lavish underground lounge at 77 West Eagle would be increased 200%, beginning with the first week of final exams. The reason for the price hike, according to the notice, is to discourage the riff-raff now frequenting the new lounge facilities, which were recently redecorated by administration opposing the move to the new campus. The Wage-Price Control Board is reportedly looking into the situation, and will, no doubt, hand down a ruling by June, wlifch those faculty members participating in the" effort to remain downtown expect to appeal. �Alexander 1,691 The Peking Tom 5 EXAM SCHEDULE DATE & HOUR EXAMINATION ROOM Federal Tax (a) A-M N-Z Federal Tax (b) No. 110 Eagle St. No. 108 Eagle St. Prud. No. 1 DATE & HOUR EXAMINATION ROOM Friday, January 12th Administrative Law No. 110 Eagle St. Family Law A-L Prud. No. 1 Prud. No. 2 Land Transactions A-M N-Z No. 110 Eagle St. No. 108 Eagle St. Contracts SectionNo. 1 SectionNo. 2 SectionNo. 3 A-R S-Z No. 110 Eagle St. No. 108 Eagle St. Prud. No. 1 Prud. No. 2 Torts Section No. 1 A-C D-Z Section No. 2 SectionNo. 3 Prud. No. 1 Prud.No. 2 No. 110 Eagle St. No. 108 Eagle St. Wednesday, January 10th 1:15p.m. Criminal Law SectionNo. 1 SectionNo. 2 SectionNo. 3 A-R S-Z No. 110 Eagle St. No. 108 Eagle St. Prud. No. I Prud. No. 2 Monday, January 15th Civil Procedure SectionNo. 1 SectionNo. 2 A-K L-Z SectionNo. 3 No. 108 Eagle St. Prud. No. 1 Prud. No. 2 No. 110 Eagle St. JUNIORS & SENIORS: Tuesday, January 2nd 8:45 a.m. Wednesday, January3rd Contempt Intl Law No. 110 Eagle St. Gratuitous Transfers No. 108 Eagle St. CriminalProcedure A-M N-Z No. 110 Eagle St. No. 108 Eagle St. Friday, January5th Sales No. 110 Eagle St. Monday, January 8th Future Interests No. 110 Eagle St. Agency & Partnership Remedies Prud. No. 2 No. 108 Eagle St. Commercial Paper A-M N-Z Evidence A-M N-Z No. No. No. No. Constitutional Law (b) No. 110 Eagle St. Corporate Tax (a) Prud. No. 2 Civil Procedure (b) No. 110 Eagle St. Const. Law (a) A-K L-Z Prud. No. 1 Prud. No. 2 9:30 a.m. Thursday, January4th 9:30 a.m. 1:15 p.m. 9:30 a.m. Tuesday, January9th 8:45 a.m. 1:15 p.m. Wednesday, JanuaryI Oth 8:45 a.m. Thursday, January 11th 9:30 a.m. 110 Eagle St. 108 Eagle St. 110 Eagle St. 108 Eagle St. 9:30 a.m. M-Z Monday, January 15th 8:45 a.m. FRESHMEN: Tuesday, January 2nd 1:15 p.m. Friday, January5th 8:45 a.m. 1:15 p.m. AND THIS IS NO JOKE! code of professional responsibility 1: Canon A lawyer should assist in maintaining the integrity and competence of the legal profession. This means that no lawyer should ever tell his client about fee-scheduling and how it relates to price-fixing, and that every lawyer should make every effort to hide his bungling incompetence behind a facade of effervescently fl flowing legalese. Canon 2: A lawyer should assist the legal profession in fulfilling its duty to make legal counsel available. This means that the partners should sign their offices up as "assigned counsel for indigent clients, and send their most inexperienced young associates to do the trial work. How else should they learn? " Canon 3: A lawyer should assist in preventing the unauthorized practice of law. This means that you don't want any unnecessary competition once you've passed the Bar. Therefore, you do your best to defeat any possibility of law school clinical programs in your field. Canon 4: A lawyer should preserve the confidences and secrets of a client. This means that no lawyer should ever tell anyone but and his spouse what goes qj) between him and his clients, matter.) sometimes not even his,,spoust. (But that's another □ T fl T E D Canon 5: A lawyer should exercise independent professional judgment on behalf of a client. This means that he should litigate whenever possible, thus raising his fee, no matter what the experts in hisi field advise. Canon 6: A lawyer should represent a client fairly. This canon is here to reassure your clients. It should be posted prominently on the wall in every lawyer's waiting room. Every client should be keep waiting at least long enough to enable him to read Canon 6. Canon 7: A lawyer should represent a client zealously within thebounds of the law. This means that you make a lot of impassioned speeches in the courtroom, and to your client, and then you make a deal with the opposing attorney, and if necessary, the judge. Canon 8: A lawyer should assist in improving the legal system. This includes stifling unnecessary changes which non-lawyers, all of whom are unintelligent if not actually stupid, might see as being to their advantage. Like No-Fault. Canon 9: A lawyer should avoid even the appearance of professional impropriety. This is a misprint. For even,read especially. �The Akron Daily Granola 6 Thursday, February 13, 1919 OTHER RELEVANT Spring Seminar: NEWOFFERiNGS Law and the Turtle Charles Donegan will return to teach a course in Lawrence ». Fox. Ken Joyce will teach a course in Gymnastics at the European Health Spa. W.A. Boyle will teacha seminar: "Internal Union Democracy."Prof. J. Hoffa will teach a seminar in "JurySelection and Trial Strategy." Visiting Prof. Flea Turtlebaum This seminar will discuss the implications of the relationship between levels of land and sea jurisdiction, the power to articulate potato norms in soup, and Federal, State and local enforcement at the community level. For example, at present the Federal government is the relevant structure for the porpoise of assimilation and articulation of turtle law. In the seminar a small number of shells will be made available as a study aid relative to the parameters of the problem. I will designate a number of tissues with soup professors Pordum andLuderawill direct a course in "Legislative Decision Making." (Seniors only) "Philosophy of Law" will be taught jointly by J. Stalin and C. Manson. A special seminar, "Women and Labor Law" will be conducted by Professors Masters and Johnson. OHHO'S BELIEVE IT OR NOT Take Your Cotton Pick Boston: Sigmund Hatchetfoot was found guilty today of willful, premeditated, herbocidal assault, insensitivity to the Common Good, lascivious carriage, disrespect to a forest ranger, grass trampling (4th degree), possession of a dangerous weapon (pocket knife), public indecency, damaging public property, and foul, abusive and pornographic language. "All I did," explained Hatchetfoot to the court, "was to go to the park with my girl-friend, Irma Touchme,and potential. The course shall move at a snail's pace, and hypotheticals will be liberally posited. Prerequisite: Law and the Jellyfish. Dial 674-6466 to register carve our initials in a tree trunk. Then this nut rushed out of the woodsand arrested us just as I was finishing the T." The jury, consisting of four virgin Puritans, a Quaker, a token Indian, four golfers, a bowler and Boston's sober Irishman, convicted Hatchetfoot after seventeen secondsof deliberation. "You got a filthy, uegenerate, preverted mind and should keep it to yerself, Judge Sandra Cleavage toldHatchetfoot before sentencing. you're lying about using your initials; I think you were think "I carving obscene messages in the wood to prevert the squirrelies. Thirty days in the stocks and wash your mouth out with soap." Lam Review Holds Beauty Contest 11 blackstoned The Opinion recently unearthed the original copy of Blackstone Commentaries. Included were the following: Statutory Grape: legalized wine-making. Novation: the birth of a star; also, slang for,a Beling The fiftieth annual Law Review Beauty Contest has just been concluded and Editor Sandy Dave announces the twenty-five winners who will serve as peons for the coming year. Winners include: Mark Finfclestein, Mark Spjtz Award; George Quinlan, Yippie of the School Merit Medal, 1953 Award; George Neidich, Diction Award; Russ Petit, Commander Schwepps Award; Tony Ilardi, Buffalo Hairdressers Award; Skip Conover, Gomer Pyle Typing Medal; Chris Aston & George Neidich (tie)'Most Enthusiastic; Myra Goldstein, Vogue Fashion Award; Phillip Levine, NFL Defensive Player of the Year; Tricia Semmelhack, Hausfrau of the Month Award. Catholic devotion. Moot: a dead cow. Laches: bloodsuckers Garnishment: see condiments ResGestae: approximately 270 days. Remittitur: a stuttering bank clerk. Stare Decisis: a definite astigmatism. Escheat: a bar in Tijuana Rule against Perpetuities: safety first Affidavit: A book in the New Testament New Heads Hit Ed Biz Currently Under Consideration for Albert DeSalvo: A graduate of Appointment to theFaculty Ossining Institute of Higher Learning who received his LL.B. Drs. Masters and Johnson: from LaSalle, Mr. DeSalvo is Interested in teaching an interested in teaching a seminar in interpersonal seminar on "Sex Muggers Rights and Muggees Role Stereotypes, Clinical Remedies as well as a course on The next four chapters are assigned for reading over Judgments of Mental Health and Auto Negligence Law. Christmas, and although we will not have time to go over Legal Aspects," as well as a course them in class, they will comprise one half ofthe final. on Auto Negligence Law. Clement Haynesworth: A seminar Nanook Oobalonglong: Dr. ■ on the Cro-Magnon Man and the Oobalonglong is a firstround draft Law as well as a course on Auto choice from Parsons College. Heis Negligence Law. interested in teaching a seminar on Talcot Parsons: Interested in Comparative Urban Development: teaching a seminar Pigeonholing on Rodney Ripoff, a senior at the keep it dry." Thus the library was reconverted to house the library. A Tale of Two Cities, Dacca and and the Law: Ornithology for Nairobi; Law School, has opened The formed. Ripoff began with sets of Mr. Ripoff paid gratuities to an as well as a course on Auto Lawyers as well asa course on Auto Negligence Law. Alternative Library in the New York Supp Second, and soon unidentified employee to assignall Negligence Law. Abe Fortas: Mr. Fortas desires to Warren Burger: Mr. Burger hasn't basement of Eagle Street. Mr. obtained McKinneys, Wigmore and thelockers to his name. Ripoff claims to have the most Martindale Hubbell. "I have the Mr. Ripoffcharges a modest 50 teach a seminar on Legal Ethics as been contacted as yet, but he is complete up-to-date law library to only complete set of The Supreme cents an hour to use the library. All well as a course in Auto Negligence under consideration, subject to the Court Reporters in Buffalo." participants are friskedbefore they Law. approval ofthe faculty. be found in Buffalo. The library was founded with a In addition. The Alternative- may leave the library area. Armed minimum budget. "Heck,V said the Library has a special section guards are posted at the doorway junior entrepreneur, "anyone devoted to the President's together with six snarling German could doit." The secret to the new Commission on Pornography Shepherds. As a special service to hisclients. acquisitions,he stated, is chutzpah. Illustrated, presently on loan to a Mr. Ripoff will supply reserve He began by taking one volumeof local judge. only by second The incurred volumes costs Mr. at a modest $5 a day, New York Supp from the floor library to complete a seminar Ripoff were entailed in locating guaranteed threehour service. Mr. Larry Wenger, Librarian of paper on Evidence. He discovered storage space for the tomes. He A UPI press release announces the engagement of Jane that taking the book out of the solved this problem by using the old library, now virtually is John Hayden. SBA surprised maybe lockers alumni defunct, states. "I'm glad to see Fonda to a Mr. Hayden. Whether this building was simple, "It was rainy that day and one of the librarians to learn that the Eagle Street that the students are finally President, or Tom Hayden, SDS President, is being ascertained by Opinion'staff. even offered me a plastic bag to Locker Room has now been totally reading:'1 Year; Jim Clute, Jane Fonda Award; Linda Mead, Most Demure; Bill Brennan, All Prep Boilerroom Bookshelf NEWS FLASH - �Tuesday, December 19, 1972 The Chicago Fire POVERTY V SBA Election- Maybe? In last week's election there were a few surprises. The results came in late since there were some irregularities, due to the new SBA policy of allowing write-in votes. There was some confusion as to who was eligible to vote. Freshman poll-watchers apparently had allowed several faculty members to vote. A spokesman for the Freshman class stated that those poll-watchers didn't know that certain voters were, in fact, faculty members. The source further stated that it was difficult to tell the faculty members from the students unless you had seen the Pictures of the Faculty in the Brochure which the school promptly sends out to prospective students, especially since the Freshmen never see more than five Faculty Members in person. There may have to be new elections, due to the "non-student" vote. The original results were as follows: President: 36 Shirley Chioses 24 36 Kathy Quinlan Marilla Giles Dannye Holley Phil Lochner Al XaI /. Pat Kelley Jim Atleson Bob Reis Norm Rosenberg (and others too numerous to mention) 42 1 1 1 1 1 1 ... ... ' ..... .... ■ I OHHO'S BELIEVE IT OR NOT 1 1 Take Your Cotton Pick SBA forms PTA Due to the great interest in fostering better communication within the legal community, the SBA has formed a PTA. Following the guidelines set down by the SBA, all HD papers will be put on thebulletinboard repletewith gold stars, the H papers will also be posted with silver stars, Q papers will not be posted, but will have a red star attached, D papers will . ... . . HOWIE MANN: Umm ha ha In this, the last in the Opinion's award-winning We 11,... I series on the pitiable state of student financial used to pay for my courses umm,... at LaSalje biy affairs, we examine the successful alternatives to Extension Law School .;. umm, ... ah working for a living. The Opinion interviewed several cooking for Justice Douglas He .vmm law school professors to discern how they survived was, uh, particularly fond of, uh, my pancakes the poverty of their law school years. Herewith are AL KATZ: No comment. their replies: DAN GIFFORD: You may not believe this,but know, when I was taking my law courses from got through years you GREINER: five Well, BILL I at Brooklyn by means of the simple expedient of ICS, I kept body and mind togetherby doing a high faking a welfare case. Of course, it was easier then. I wire balancing act for a local circus. Bob Reis and I, simply went down to Fourth Street and got some we had this act called The Amazing Garbanzos, freaks to swear they were my brothers and sisters. where we would juggle our books sixty feet above After that, the $179.95 came in every month, like the paydirt. 'Course, after that, Bob began to think clockwork. he was flying, and I got up my magic act.... LOUIS DELCOTTO: Why, any young KEN DAVIDSON: Don't print this,but anyone can get $100.00 a week at Albany Law school just enterprising student can earn a substantialincome by for showing up at the Governor's mansion at eight doing as I did in my younger days. The State every morning to sing Alleluia when the Governor Highway Department pays top dollar for painting straight white lines down the highway. Take a look leaves forhis morning golf date. JAKE HYMAN: Well, you have to consider that at section 4428S(aXllX»XC) sometime, in the prices were a lot lower in the eighteenth InfernalRevenue Cold .... century .... )I■ .\ llft 808 (yawn) GORDON: I had the particular good fortune to attend an institution of higher only that the ,\n closing, we. neeif education in one of the largest cities in theEast. So I unenterprising* student will never find the financial was able to supplement my meager stipend by doing rewards available to anyone willing to search out commercials for Nyquil and Sominex. The gang at other means of earning a living while preparing an Boston Night School of Law used to call me image for the Character Committee. As one Sleepy .... freshman (name withheld pending notification of AL MUGEL: I supplemented my income as an authorities) sees it, "Hell, man, like, I mean, when altar boy by drafting the EPTL. But that was only the heat, you know, gets too bad to sell the damn one of the many little projects I had in my spare stuff to your friends, sell your friends to theheat, time .... and keep the stuff." We concur, we think. : Secretary: Dan Steinbock 7 have a sticker of a 3-inch x 5-inch Santa Claus in the Fall semester, and an Easter Bunny in the Spring semester, and F papers will have "Do not pass go" stickers. The se will be posted for the wall, and told the assembled Bouef A'Leau: Mayor Frank news hawks that the Sedeater today called a special 1 federally-funded investigation had press conference to announce a "shocked" him. He emphasized "crack-down" on city employees ; that he had fully supported the who had been cheating the city effortsof the investigatorsand was taxpayers of thousands of dollars sorry the investigation was over by their chronic absenteeism, and that they were all leaving town. malingering, and theft of city Sedeater further announced property. Calling reporters into his that he was personally cracking spartan office, Sedeater leaned down on 16 city employees whose back in his Danish teakwood flagrant abuse ofthe taxpayershad swivel-chair, gazed beenspecially commented uponby contemplatively at the Picasso on the investigation report. The 16 employees, all but one of them relatives of the mayor, had been summarily dismissed this morning. (The sixteenth was Sedeater's cocker spaniel, "Purla," who had been in charge of the city's fleetof snow-plows for fouryears.) The mayor also announced that a permanent investigatory board would be established in the immediate future. The mayor said that the new 16-member board would be "totally independent of city hall." parental viewing during semester break, for the FallSemesterpapers, and all summer, for the Spring Semester papers. Summer Session papers will be made into paper airplanes for incoming Freshmen. NEW COURSE ANNOUNCEMENT thE foG - Interdisciplinary studies 736 Extended studies of the American Penal System. This course will be offered for the first time during the Spring Semester 1973, and will be continued so long as society agrees it is necessary. Field work will be required of every student, but this should not present any problem because the faculty has arranged, through the cooperation of Sheriff Amico's office in coordination with the State judiciary, to have any studentarrested and convicted so that he may be placed upon location. Undergraduates may participate on a more limited basis and need only meet the prerequisite of a violation or misdemeanor conviction. Graduate students must be convicted by PLEA ONLY\ of a felony of at least The fog creeps in on little Katz feet, Sits looking over 108 and 110, And then unbuttons his shirt. Students should not be dismayed by the amount of work required. Outside reading will be severely limited, as will any other contacts with the outside world leaving the student an outstanding opportunity to direct his thoughts inward and finally to express them ina mandatory paperof 1500 pages (hand printed) due immediately prior to his release. For furtherinformation, please contact Sheriff Amico (dial 911). For your protection, all grading of papers will be done with strict anonymity each student will be assigned a multi-digit number whichhe is expected to use at all times. - Beling �The Weekly Instigator Saturday, August 27, 8 NAME THAT CASE! Equitas the Student Newspaper of the New York Law School, has begun the first annual Name that Case Contest. Although it is too late under the NYLS deadline, the late entries may be accepted. Mail your late entry to Equitas, 57 Worth St., N.Y., N.Y. 10013. Heard Around the Law School This is not thereal world, this is law school! If we take courses in the Fall, shouldn't that mean that we should get our grades before the next Fall? What do you mean you don't understand the meaning of our grading was perfectly clear. system, the Dean said that it You will probably never run across this in real practice, but it is nice to know, don't you think? What , is things? the character committee and why are they doing these terrible , PERSONAL: PAUL G. Come home, we need you. Red, Mom, Bubbles and the Boys. FEE BARGAINING In days of old When torts were bold and no-fault was invented torts were taught as they ought: Contingency fees cemented. .^^^_^_^__^^__^^^^^^—. Levi/Betling An HD is for God, an H for Me, a Q for some of you, a D for most ofyou, and an F for all those who decide to take the final instead ofa paper. Why is this man sleeping? 1948 � 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, 1972-12-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/19/1972 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 15:43:00 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/0a156b9f876f3a82673a41addacd5f6f.pdf 2fc8dc4963577389fcba086b5a449247 PDF Text Text The Opinion 77 Wort Eagle Street Buffalo. New York 142M OPINION Students vie for SBA Office? THE Volume 13,Number 6 NoD-Frofit Organization U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 706 February 1, 1973 State University ofNew York at Buffalo Law School those students who make no such request did not read farther. Whatever the reason, petitions for the five elected SBA offices numbered three as of Monday's 5:00 p.m. deadline. Marty Miller and Neal Dobshinsky have declared themselves in the running for the post of President, and Chris Greene is the sole contender for First Vice President. All are juniors. Miller, currently a junior class representative to the SBA, was an unsuccessful contender for treasurer in last Spring's elections. He is chiefly known for Nickle Coffee, a loungephenomenon last year which was terminated when someone stole the coffeemaker. Dobshinsky, who does" not currently hold office, proposes a program including reduction in fees, return to an A to F grading system, and a revitalized SBA -belling The Student Bar Association announced forthcoming elections last week with a remarkable lack of customary publicity and hoopla. Buried amid PLI/Marino crossfire and class assignments, the notice that candidateshad one week in which to file petitions sat beneath a short directive regarding fee waiver requests. Presumably, with a more prominent public image. Greene, who picked up his petition on January 29, the last day for filing, has espoused no program to date. In order to combat thelack of response, President John Hayden has put up prominent notices extending the filing date for the offices of Secretary, Treasurer, and Second Vice President until Friday, February 2. With the elections still slated for Monday, February 5, there will be little time for electioneering, which some students have called a blessing. While it is not known whether students will respond to the renewed opportunity to run, the initial lack of interest in an SBA position seems to indicate students' preference for other activities. One student remarked, "When I could spend twenty hours a week clerking in a law office or related field, why should I get involved in bureaucratic hassles for nothing? I don't need it." Some students seem to feel that the SBA should be abolished altogether. Citing inefficiency, a lack of programs and progress, they claim that the law school community would be better off without the responsibility of self-government. The only parties who seem to be interested in the SBA are those student organizations who depend upon it for their funding, but they have not produced candidates for office. The exception is Chris Greene, business manager of The Opinion who is the sole candidate for First Vice President. Other potential candidates who are active in other student -beling organizations have failed to run, citing the large investment of time in such a venture,and the minimal return. No alleviation of the problems candidates, officers, and constituents appears imminent. The February 5 elections are still scheduled, despite the paucity of candidates. The gnawing question is, will anyone vote? besetting SBA - Conversation with "Red" Schwartz Opinion: First of all, I would like to ask Opinion: In a recent article in the Buffalo you about the accreditation team what Evening News regarding the visit of the they said and what your response was. American Bar Association accrediting Schwartz: I would like to say that they team, you stated that our school will be were very enthusiastic. They felt that the growing in size, that we will increase the conditions that were necessary for a major size of the freshman class from 200 to 275 move forward were virtually all present, and eventually add 25 new faculty including particularly the quality of the positions, including 10 professors from faculty who were already here and the new "other related" disciplines. By taking on people who were coming in. They noted as 10 non-law professors, aren't we taking a well the interest of the people around the step in a very innovative direction? Schwartz: Just a clarification here, which country in joining us. Opinion: How do you feel about the may be an important one. Those ten new appointments are specifically intended to prospects for change in legal education? Schwartz: It seems to be entering a stage of bring into the Faculty of Law and major innovation. We can see that from the Jurisprudence knowledge of other literature such as the Packer and Erlich disciplines. That does not mean that the book that has just come out. The question persons who embody those skills will is, given acceptance of the necessity of necessarily not have legal skills. In fact, we change, how shall we shape our program in have been assiduously looking for and such a way as to preserve the traditional finding, in a number of cases, faculty values learning to think like a lawyer, members who are double-disciplined mastering the basic subject matter that people. law schools have taught so well in the past, Opinion: For example? and at the same time find ways in which Schwartz: For example, a law trained we can add the things which previously person who teaches evidence in a manner have been neglected? This law schoolhas a that is informed by his professional commitment to doboth to start from a knowledge ofpsychology. strong professional program and strengthen it further and then to move in a direction Opinion: In other words, many new which will provide us with better professors might have their law degrees, preparation for a variety of skills that but the point is they will have some further people need as lawyers. But to provide area of specialization in some social training in lawyers' skills so that they can science, such as sociology? be related to conceptual analysis that is Schwartz: Or in philosophy, or history, or it couldbe any of the other disciplines. the tough problem. Opinion: Specifically, where can we Opinoion: Are you finding a lot of people like that? improve? Schwartz: We should provide much more Schwartz: Increasing numbers are being in the way of legal writing and reasoning trained now. That is one of the reasons skills. The legal bibliography program has that we have a particular interest in a joint not been satisfactory, nor has the second degree program ""here, because we know semester (freshman) seminar been an that there are lots of sludents who want adequate way, uniformly at least, of law training but who also want training in providing legal research skills, I think we another discipline. are going to have to find some way of making those skills available to students at Opinion: Would it be safe to say that you an earlier stage in their-training and with will be looking for professors whohave this that orientation, even though they teach a greater intensity - - - - - and in manner involves the faculty to a greater extent... There seems to me a very strong sentiment in the school, in the faculty as well as in the students, for some better way of getting across these fundamental skills. traditional courses? Schwartz: Especially if they teach traditional courses, because we think it is very important to find ways in which you can introduce within subject matter areas conceptions of this kind, in a way that is not artificial and not digressive but rather that is synthesized with the kind of thing that a traditional course would set out to do. A classic example of that would be [Professor] Macauley ... He provides a preparation in the basic concepts of contract law. At the same time, it happens that Macauley is one of the top people in the country in research on how the legal process is actively used. His findings regarding utilization and non-utilizationof contract law by certain classes of businessmen are classic. That's the kind of thing we want to get into our curriculum, at all levels where it can be done well. Opinion: There are some students who seem many to be concerned that we will have too professors who teach what some -fried change the subject a bit. What's it going to be like on the new campus, being the first ones out there. What is the environment going to be like, and what's it going to mean for clerkships? Schwartz: 1 think it can be a great experience for us. We are aware of some of the liabilities that could result from our being out there and we are looking to obtain the resources that are necessary for quick transportation back and forth. We're also exploring changes in curricula arrangements of a kind that would facilitate the student undertaking a clerkship or what is the equivalent of what he has been able to do in the past here. On the advantage side, we're going to have our books together in one library. We hope that we will not be the only academicunit out there so that it may be a better experience than a lot of people apprehend at this point. consider the less "relevant" social science or sociological courses at the expense of the more traditional curriculum. What do Opinion: Aren't you really discouraging yousay to these people? clerkships (by moving to Amherst? What is Schwartz: Well, I have to ask them for your position on clerkships? particulars on that. What we have tried to Schwartz: You mean paid, not-for-credit do is ask specifically what things are not kinds of activities? being covered satisfactorily. If we can show Opinion: Yes. that everything that needs to be covered from the perspective of the most Schwartz: No, I certainly wouldn't intend traditional conception of law training is to discourage that. In fact, changes in the being covered, then we feel that there is program by scheduling most courses in the not much of a basis for complaint. We morning should facilitate people would think it a serious problem if we were continuing their clerkships. I think it's a not able to cover satisfactorily the very valuable experience. It certainly can traditional courses. My feeling is that, in continue to be done during the summer fact, through our unusual emphasis, and 1 would hope during the year as well. through the distinctiveness of the program And further we would hope that the that we are developing here, we have experimental program of for-credit become a school to which young law clerkships wouldcontinue and develop. teachers wish to come. In consequence, I Opinion: Thank you very much for your think if you looked at the quality of the time. I hope you don't mind sharing your people who are willing to consider jobs comments with our readers? here, or who even campaign for jobs here, Schwartz: That's OK with me, provided it's that you would be very impressed One understood that this is not intended as any of the reasons that the faculty is going for kind of policy statement, but merely a set people who have the same kind of interest of reflections in mid-course. Policy is made in the other disciplines, and competence in in this Faculty after a great deal of them, is because by conventional criteria as deliberation and discussion, and I hope lawyers, those people turn out to be at that no one would misunderstand whathas least as good, and often better, than more been said here as constituting anything conventional people. more than the expression of Opinion: Before our time is up, let me opinion appropriate for yourpaper. .. .. �February 1, THE OPINION 1973 2 Presidents Corner Editorial be greeted with a short interview and a very polite hand shake. The present system is so fundamentally wrong that a series of petitions asking for an indication of preference drew no response in the column suggesting its retention. Though recent intra-school memos have in large measure clarified the meaning of our grades, and presumably eliminate the never officially approved HD, its meaning is still unclear to employers. Then too, it was and remains an ineffeciive 100l for our own use in measuring our knowledge. "Q" in particular is the bane of our academic existence since it covers all but the near failure.Note that at least one faculty memberlooks at the "H" as belonging only in the domain of the Creator, with no place on his marking sheets. A-F is not a cure. Nor is it a compromise of the other alternatives. What it is, however, is an directors have narrowed the field of choices for improvement. This sort of grading system is discussion at this poini (though others may well arise universally recognized and thus interpretable by and employer. The additional or develop from these). In general the alternatives student, faculty, are thought of pass-fail, retention of the present components of the system will allow more exact they yet distinctions, are nol so fine as numerical system, and A-F marking. For discussion I, will" grades with the absolutely indefinite difference assume these to be the only choices. The pass-fail system has in its favor the notion between one number and the next. This system also that we ought not to be going to law school for an allows for the use of a "plus" for class performance. extended game of academic grade comparisons. This additional factor would, of course, be a breach Learning in the view of the proponents is never in our anonymity rule, but if the plusseswere really evaluated by a grade which measures out the submitted before tests were graded the subjectivity competence in a few limited areas of an individual should not be objectionable. course. To its detriment is the fact that we must, in In any event, I he question needs discussion. fact, compete for jobs in the real world. Those of you who drive to learn about sonic individual area or Discussion demands people at SBA meetings, and if 1 you I would not depend upon someone else to were even in all courses will compete at the same level for the same position as the marginal student who came talk about it. Whoever it is you have so far been to law school only for a job. The only way for depending upon has not been serving you and that employers to divide sludents will be to ask (he statement may well include the Directors you question, "are you on law review?" The answer will elected. With Student Bar elections only a matter of days away I have no doubt but that you are all well steeped in what each of the candidates views as the Bright Elsewhere in this issue is a picture of books taken from the failings of the present officers and directors. in library, stacked up on a chair in one of the student offices, and posters will point the way to Nirvana and of the colors announce the choice will accompanied by a signed note, asking that thebooks be left until their contrasting candidates as people. only hope One that the are can office for over a "owner" returned. Those books remained in that are week. Until that student got around to using them for his paper. Or sincere as they artistic. be of the Presumably the first topic the year will whatever. sort of a grading system ought to Members of several seminars found it impossible to acquire the question of what is clearly the most importantand be used here. This seminar research. Because the publications necessary for their paper facing the SBA in several topics were often on related subjects, the removal of a book by one potentially fiery issue here areas yet no sharp divisions member for any length of time deprived other members of valuable years. Fortunately I which will impede some serious disussion between time in working on their papers. for Couldit be that the advent of the big-time rip-off artists signals faculty and students. We each seem to be waiting well be the coming of big-time status for the UB Law School? Will the some proposal to react to, and the delay may question. fatal the to competitive spirit exhibited by these people move us into the big Preliminary discussions among sludent and SBA leagues? This kind of thievery, after all, is rampant at Harvard, and VANISHING BOOKS - 11 presumably, other schools whohave "made it. We can hope that the library'ssecurity will be tighter when we move to the NewCampus. - freshmen, point passed days, not, having waiting get you required required previous really Thursday, grades professors people grades experience faculty (Although forgotten takingfollow-up having they're students, any making February flunk.) you Lspecially graduating being grade they GRADES first whether seniors semester's to And. Accolades Let out those was who that us In no their last were for case remind some to exam the Professors have courses courses. one the in. no in and three have without idea are is Del for rather now whether that in Cotto that other the awas with Ihe miserable matter. and the from Del deadline Davidson first Cotto their state. idea to own for courses whether for the law wondered 12. to school last the We tor or GRADES- Accolades to Professors Del Cotto and Davidson for being the first to gel their grades in. (Although with Del Cotto you wondered whether you were the one in three that was the first to flunk.) Let us remind the faculty that the deadline for graduating seniors was last Thursday, and for other students. February 12. We point out that some people are now taking follow-up courses to last semester's required courses without having any idea whether they passed those required courses. And. in case professors have forgotten from their own law school days, waiting for exam grades is rather a miserable state. Hspecially for freshmen, whoreally have no idea whether they'remaking the grade or not, having no previous experience in the matter. RiGHT ON! TBE by Otto Matsch --—John Levi -Articles& Feature Editor - Earl Carrel Editor Roberts Editor-in-Chief KUDOS Yes folks, it's that time of year again when we rulers of the Workers' Paradise knowing a viable pause to pay tribute to our fellow spokes on the policy when they see it, unlike those dumb farmers great wheel of life who have performed above and who don't know anything except how to grow crops. beyond the Call of the Rim during the past The Doctor "Papa Doc" DuvalierMedicinePrize revolution of the Zodiac. The Right On! Awards for to Edward Kennedy, Massachusetts forhis tireless 1972 go to: efforts toward bringing socialized medicine to to those poetic America so (hat Americans can enjoy the same high The Joseph Stalin Culture Prizt gentlemen Leonid Brezhnev and Alexi Kosygin, standards of medicine practiced in other socialist for their support of the fine arts in countries, e.g., Albania, and Uganda, and for Moscow Siberia and insane asylums, and in particular for openers, at an annual cost to the taxpayer of only their commendable quashing of the crypto-fascists $70 billion. Aleksandr Solzhenitsyn, Boris Pasternak (RIP), Yuli The Attila the Hun Peace Prize to Premier Pham Daniel, Yuri Galanskov (RIP) and others too Van Dong, General Vo Nguyen Giap, et al, Hanoi numerous to mention, thus preventing the pollution for their valiant efforts in bringing peace to of socialism by art. Indochina by sending their peace-troops into Laos The High Priestess of Sexist ChauvinismPrize to and Cambodia in furtherance of the civil-peace effort for work in in Vietnam and especially for Operation Peace Germaine Greer, Delphi her pioneering deciphering the mysterious code hidden in llama beginning in March 1972, when they sent 14 entrails and goats' droppings, resulting in her infantry divisions accompanied by self-propelled ingenious deduction that any heterosexual artillary, SAM launchers and 600 tanks into South relationship between consenting adults constitutes Vietnam in a final effort to make the South rape unless until said parties obtain advance written Vietnamese people peaceful, but peacefully, mind permission from the High Priestess. you. The Adolf HitlerBlack Culture Prize- to General The Benedict Arnold Patriotism Prize to Idi Amin, Uganda forhis praise and admiration of Americans (?) Joan Bae^T Ramsey Clark, Jane Hitler's solution to the Jewish problem, for his Fonda, Tom Haydn, Telford Taylor and sundry recognition of the racial threat from the mongrel comrades and fellow travelers to Hanoi for their Asian hordes to the pure genes of the Ugandan Yolk, gallant contributions to the Hanoi liberation and for his liberal and enlightened solution to the government that is trying to bring peace to their AsianProblem. warlike neighbors, the Laotians, the Cambodiansand The Paul Joseph Goebbels Freedom of the Press the South Vietnamese, in the same peaceful manner for its Prize Hitler and Stalin used to bring peace to their to the United Nations, Fun City outstanding work on behalf of freedom of the press neighbors. and communications, specifically for adopting The Christopher Columbus Prophet ofthe YearPrize to the Boston to Washington axis of the Liberal (107-2) without debate a resolution calling for the for their banning of satellite broadcasts into nations that Establishment, Media Department don't approve of uncensored programs; and, under' 1unanimous, one-voiced and unerringly accurate the one nation-one whoop rule, for shouting down prognostications during 1972: that Ed "Crocodile the devilish delegates of the reactionary, colonialist Tears" Muskie, the front runner would carry the Democrats to victory; that the mining of Haiphong regimes that called for debate. to the Harbor would cause the cancellation of Nixon's trip The Billy Sol Estes Green Thumb Prize Kremlin, Moscow for sticking by their policy of to Moscow and start another war; that the 18 to 21 collectivizing the farms in Russia despite .55 year old voters would swamp the polling booths and consecutive years of crop failures, draught and poor carry Whatsisname to victory; that photos from weather (except over 3% of theland that is privately Apoilo XVII would confirm what every viable, owned and tilled,where the sun shone and the rain relevant newsman already knows that the world is fell as normal, and 40% of the crops were raised), the flat, - - - - - - - Kay Latona Sports - Douglas - Otto Matsch. Cary Masline, Mike Dunlavey, Peter Clark, Ted Orlin, John Hayden, Fred Steinberg, Dianne Graebner,David Schubel, Lou Haremski, Frank Buffomante, Ibby Lang, EJ. Mandel, Jon Kastoff. Staff The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the State University of New York at Buffalo SchoolofLaw, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in thispaper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Classpostage entered at Buffalo, N.Y. - - - - - AssistantEditor Managing Editor Peter Jasen Business Manager Christopher Greene Poetry Editor Robert Doren Photography Editor Christopher Belling - — - - Volume 13, Number 6 l973 OPINION K'"""v' - - - NBUEildWNG OTE Construction work on O'Brian Hall is progressing at a rate which should enable the Law School to have a new building in September. Some problems have cropped up, however, which should delay the move to Amherst until later in the summer than was planned. The Opinion presents a photo essay on the new building elsewhere in this edition. For those students who will be here next year, we can offer these tips. Bus transportation will be available from the Main St. campus to Amherst, probably via Ridge Lea. A cafeteria will be open in the Governor's Complex (Pei Dorms) and there will be full vending service in the Law building. Dormitory space should be available to those students who are interested in living at Amherst. For further information regarding housing, contact the University Housing Office later in the Spring. �February 1. 1973 THE OPINION 3 To The Editor Dear Sir, Hurrah for the Opinion in having the fortitude to expose in your December 7 issue the high-stepping shenanigans of that noted Bostonian barrister, your playmate of the month, Professor Ken Joyce! Yes, I too, thrilled to the tomfoolery of this Court jester sage, when he first mounted the attack in September of 1964, when he first came to our Law School. It is unfortunate that we practitioners do not know Ken more intimately, as the practice of law sometimes can be quite dreary. It is the Law School's good fortune, and our loss, that he has decided to stay in his chosen vocation, rather than - enter the fray of advocacy. I am recommending that the Bar Association tap Ken for some of their programs to light a fire under the stodgy members of the Bar, in order to give us once again some of the life and exuberance which makes this profession what it is. Very Truly Yours, David Gerald Jay Ed. Note: I would like to point out to Mr. Jay, that the editor of The Opinion, both at the time the letter was written, and now, is a woman, and as such, scarcely deserving of the friendly greeting "Dear Sir." Suggestions as to an appropriate greeting are solicited. Announcement With the beginning of the new semester, a number of changes have taken place within the Opinion Editorial Staff, Kay Latona has been selected by the Editorial Board to become the new Editor-in-Chief succeeding Rosalie Stoll. Rose will now devote her time to the PLI Bar Review Course. Kay brings experience to her new position, having served as Assistant Editor and as a member of several school committees. Another junior, John Levi, has taken over the duties of Assistant Editor. During the fall, John was a staff photographer for the Opinion and spent some time acting as Managing Editor. The new Managing Editor is Peter Jasen who moves up to that position from his former job as Articles Editor. Earl Carrel, a senior, will take on the responsibilities of Articles Editor in addition to his responsibilities as Feature Editor. Earl is a former publicity assistant with the U.B. Office of Information Services and with WNED-TV. He will now be in charge of the bulk of the written material in the Opinion. The remainder of the Editorial Board remains intact as Chris Belling returns as Photography Editor and Chris Greene retains his position as Business Manager, Doug Roberts will also continue to write his Sports Huddle column, As always, Opinion is looking for new blood. Freshmen and Juniors are encouraged to stop in Room 2168 and join the staff. Writing and production positions are open and no experience is necessary. Notes from Elsewhere -Kay Latona from VIRGINIA LAW WEEKLY, 11/3/72 Commiitee, was published 2 years ago and Minority student recruiting efforts by UVA's BALSA has involved talking with students at colleges throughout the East. Organization members attempt to present an accurate appraisal of UVA from the minority students' viewpoint. "Students at the larger universities have already decided to go to law school. The recruiter's job there is to negate the image of the University of Virginia as the bastion of Southern conservatism," said recruiting chairman JohnScott. from THE LAW SCHOOL JOURNAL, Stanford, 12/7/72 Women Lawyers: Facts and Myths The Board of Visitors1 Advisory Committee on the Status of Women and the Law has decided to press for improvement in two areas of concern to women lawyers and students placement and admissions. The Nordby Report, which spurred the creation of the Board of Visitors — attempts to debunk many of the traditional myths about women lawyers. Ninety of 130 Stanford Law School alumnae responded to a survey by Ms. Nordby in the fall of 1970, which formed the basis of the study published a year later. In an article to appear soon in the Stanford Lawyer, Lucy Lee, Stanford '71, explains how the report refutes some of the traditional views. Myth: Women law graduates do not work. Fact: 61% of the responding women are currently working full time in the legal field; 12% are working part time; 18% have previously worked. Myth: Women law graduates change jobs frequently, often merely to be with theirhusbands. Fact: 55% of the responding women have never moved; 31% have moved once or twice. The same percentage of men and women graduates are currently working and their job turnover is about the same. MISSING BOOKS Any person under deadline for a paper who has ever searched in vain for a case will understand the problems currently facing our library. The case stealers are innovative, and insidious. Generally, not only is the official volume missing, but often the unofficial reporter as well. Whole volumes of Shepherds are sometimes nowhere to be found for days at a time. A favorite trick of the book-nappers is to take the updating pocket part or the advance sheet forever. It is an extremely unfortunate situation when persons who will in just a few short years be placed in positions of trust, are unable to maintain even a modest standard of trustworthiness in their dealings with their friends. - _ Censure of New York Lawyer Provokes Reply The Censure of Martin Amendment Question? correction, and correction is inspired by criticism. Today whole sectors of our judicial Recently an article written by Herald complex are under attack because of Fahringer concerning the censure ofMartin disgraceful failures. No informed person Erdman, whoreferred to the judges of New can be other than unhappy about some of York City in rather unconventional the serious defects in our present-day language, was published in the American American system of criminal justice. Trial Lawyers' Magazine. The subject of Martin Erdman's scalding comments in Life that article shouldbe of concern to every magazine directed at the faults of our law student. We reprint it herewith, with judicial system were both incisive and informative. Mr. Fahringer's permission. Strong voices are needed on both sides On June 27, 1972, Martin Erdman, a of this controversy if the truth is to prevail. New York City public defender, was Our license to practice law should not censured for using harsh language in deprive any one of us the freedom to denouncing our courts in a private complain about the unpardonable defects interview published in Life magazine. (In in this division of government. We who the Matter ofthe Justicesof the Appellate wear no man's collar cannot remain silent, Division, First Department v. Martin for to do so is to invite shame. When our forefathers gave to all men in Erdman, 333 N.Y.S. 2nd 863 (3d Dept. 1972) this country the right to freely speak their I am unable to view Mr. Erdman's minds, it was not expected that their censure as a private grievance between the speech would always be pleasing to those state and him. Every lawyer has a stake in in places of power. Thisright was intended the controversy. For what happened to for all men, including lawyers, because our him could easily have happened to any one ancestors knew of no other way that free of us. men could conduct a representative form I fear that his unfortunate decision will of government. have an anguishing impact upon every Freedom of speech is indivisible, the lawyer's willingness to speak freely on state cannot deny it to one man and save it subjects of public concern. The power to for another. Oliver Wendell Holmes said censure can be used too easily as a handy that freedomof speech does not only mean implement for discouraging legitimate free thought for those who agree with us, dissent. but freedom for the thought that we hate. Consequently, the real danger in this Freedom of speech must exist for all or much eventually it will exist for none of us. unwarranted court action lies not so in the reprisal suffered by Martin Erdman, I do not know how many critics our an honest and dedicated lawyer, but the system of justice needs to help keep it fear it will undoubtedly instill in other vital, but I do know we have never had lawyers in raising their voices againsi our enough. Our allegiance to our federal and state constitutions and our obligation to government. We must remember that our the people must of necessity transcend government is one of choice. The people whatever reverence we owe to our judicial are left to freely choose those who will masters. ■ I cannot speak for others, but for me represent them in the executive, legislative and judicial branches of our government. the choice is clear. We must not allow The validity of that choice is critically" ourselves to be Intimidated by courts who dependent upon access to all relevant strike out at those who are fearless enough to think as they please and say what they information. In selecting judicial officers, the public think. This trend must be halted or our should know about their perfections as profession will lose much of its well as their imperfections. Consequently, independence and dignity. If we give in to criticism of public officials, as well as the courts here, there will be no end to judicial officers, is imperative in a what other rights may be taken from us. democracy. Judges enjoy no special We must carry on the heritage of our immunity from such comment, pariicularly profession best exemplified by men like More, Lord Erskin, James Otis, from Thomas when the finding of fault comes lawyers who are most aware of iheir Clarence Darrow and a multitude ot others who have walked the mountain shortcomings. Although most of us would prefer that ranges of our profession and who have such remarks be graciously made, it is dared to speak out against government elementary that the right to criticize can without regard for their own personal never be made to depend upon its tasteful safety. If we allow ourselves to be reduced to a exercise, I have always had an abiding thoroughly orthodox, time-serving, confidence that the riggings of our judicial government-fearing bar, we will have been system and the men who man those ships humiliated and degraded, and more of state are of sufficient stature to importantly, we will have lost much of our withstand the stress and strain of public usefulness to a free society. Mar t in Erdman may well end up comment, no matter how unpleasant it another casualty in man's historic struggle may be. As lawyers, we are the caretakers of for human rights. But in the eyes of this that important branch of government, and lawyer, he may take comfort in the although we may take credit for its immortal lines of another exile: "... and achievements, we cannot ignore its failures of them seemedhe who triumphs, not he Improvement can only come from wholoses. "(Inferno,XV, 121-124). Erdman: A First Women & Minority Faculty Appointments Schwartz, new "Non-success so far is not for lack of trying," says Professor Herman prospective faculty lor Chairperson of the Appointments Committee, which recommends appointment. js outstanding presently, and by the offing awaiting faculty approval. The outstanding offer is to CarolBrooks, currently one is in derki"g Comp'emfon'long St schools for minorityhiring is "fierce," according to Professor malfunctioning liaison Schwartz. There have been other problems, as well, among them the there have been between the Committee and the Minority Hiring Sub-Committee. Changes and wtll be interviewed ar, so attempted, with some success: two candidates have been presented schools, the present tight market soon. Schwartz points out that as more blacks graduate from law may ease somewhat. �Courtyard on level in center. February THE OPINION 4 of the building. Note sculpture skylight The skylight(from below) JOHLORDN'BAI Part of the library, lighted by the skylight Moot Court Room (those are standard size doors in the distance) Law building, view from dormitory complex View from the roof of law building 1. 1973 �February 1. 1973 THE OPINION 5 Faculty Office --there are 78 of these Study carrels, round windows are rotating polarizers Elevator complex Administrative Office (door at center leads to secretary's office) Kitchenette near administrative offices Terrace outside adminstrative offices Photos by Belling �THF OPINION 6 Food for Body Beaux Arts Trio Delights Pudience Last Wednesday, January 17, saw the third in a series of chamber music concerts at the Mary Seton Room of Kleinhans Music Hall, sponsored by the Buffalo Chamber Music Society. The Beaux Arts Trio, of New York City, performed works by Mozart, Ravel, and Schubert before an enthusiastic crowd containing too few law students. Unlike other trios, better known through their recordings, the Beaux Arts Trio relies on strong performances to make a name for itself. Each member of the triois a virtuoso in his own right; together, they provide not only individual excellence but the kind of fluid community without which chamber music becomes raucous competition. Menahem Pressler, pianist extraordinaire, filled the crowd with delight, with both his marvelous artistry and his whimsical technique. The violin, Isidore Cohen, displayed talents usually seen in Buffalo only when a guest violinist solos with the Philharmonic. AndBernard Greenhouse played his cello with sonority and sensitivity, letting the cello naturally blend and cavort with the others without competing for prominence and volume. The program featured Schubert's Trio in E-flat major, Op. 100,a work typical of Schubert in that it fills thelistener with premonitions of tragic depth, yet retains a sense of lightness, recognizing but refusing to wallow in the turgid depths of tragic emotion. Ravel's Trio in A minor, an interesting piece excellently performed, was perhaps the most enjoyable part of the evening, as the Trio enthusiastically rendered this surprising work. The program was well received by the audience, and indeed it was one of the most consistently excellent concerts of the year, according to one aficionado. The next concert on the Society's schedule features the Tokyo String Quartet, coming February 13. Tickets are $1.50 for students, $4.00 for human beings, available at the door. Further information can be obtained from Mrs. Una Leeming. 883-6004. What we have here is another example of Buffalo's ability to triumph over its environment; the Chamber Music Society can't salvage that fading tan, but it can give the mind a most pleasant vacation from the toilsof the law and the oppression of the city, Will There Be Peace In Vietnam? by Hugh Manke February I 1973 and Soul bureaucracies . Seventh floor please: And she's going to be in a piano recital next week. Oh, that's very nice. How long has she been taking .Excuse me, excuse me ... Right down thehall, sir Room 714 11, 12,13,15? 14! . . Let's see. All payments no Returns no Yes, I wonder if you,.. Line 3, sir. Thank you - - . Hey, am I in the right line? 1 don't know; lady asked that I just Charlie said we might go to visit his mother this.. Yes, I'm. . - . (stamp, stamp) Line 2 please Next - - . Excuse me, but I want to pay... Line 3, next Stub, please Excuse me, sir Do you have a cigarette? Stretch McDivitt. What can you say about Stretch thathasn't already been said *- NOTHING. Second only to the center in importance is a high scoring, free wheeling point procurer. Once again the Shysters have this in Fast Eddie McCuen. Around the circuit, they say that Fast Eddie has more moves than Allied Van Lines. McCuen's prodigious scoring has enabled the team's other gunner, mop-haired Smooth Roberts to concentrate on his other incendiary talents, most notably referee The unobtrusive man in the corner named Ivan Mullan is the team's stabilizing influence. Coach - Line 2, line 2 line 2? Thereisn't any line 2! What the Line 3? But I was already in. I can't believe it. - .. Old form please.. Stub... Readline 11 Sports baiting. You gotta match Well, I took the letter.. No, I'm sorry, sir, You'llhave to go down ,to the first line.. Excuse me, Excuse me. Taps seems more appropriate long-term policy. As a matter of than skyrockets. The U.S. has fact. President Nixon has slapped by Douglas C.Roberts found an exit from the PRG/NLF in the face by Vietnam for its troops, but the stating the present government in The Original Celtics, the Washington Capitols, stage is set for the third Saigon is the sole legitimate sovereign in South Vietnam. the Syracuse Nationals, the Boston Celtics. To this Indo-Chinese war. The agreement finally reached President Thieu is now in a luminous list of basketball superteams add one more basically military, Paris quite position to claim greater name the Shysters. is in unlike the incomplete agreement international respect and The Shyster success formula simply stated is revealed last October. That recognition than ever before. this: Enter a league with little boys no! yet old inchoate settlement called for the When hostilities begin anew, enough to shave, add to this a few intimidating imposition of changes on the Thieu will be in a better position behemoths with cretin or less intelligence to keep central government in Saigon and to request internatonal support thereferees in line, mix this up with an overstuffed a new status for the Provisional than he has been able to in the player-coach and theresult is certain SUCCESS. Relying on this carefully thought out formula, Revolutionary Government of the past. NLF and the "third force" All along, President Nixon has Shyster coachBoom Boom Solomon has molded this neutralists. It seemed as if the sought to give President Thieu "a well-oiled aggregate from a bunch of overaged parties in Paris were working fair chance" to defeat the children who still have not yet given up the hope, toward a coalition government. revolutionary forces in South however slim, of catching on with the Philadelphia When negotiations began in Vietnam rather than to push '76ers. Regardless of their reasons for pursuing a 1968, the North Vietnamese and South Vietnam toward a Shyster career, each squad memberhas sacrificed his the NLF sought to tie political government that would reflect the personal dreams and ambitions and given his heart, issues into a military agreement real political situation. The body, and soul to Coach Solomon. Boom Boom, with the U.S. They wanted the present agreement reflects that however, allowed his players to retain their minds, U.S., in effect, to legitimize the "fair chance" notion. It does not since none of the gentlemenhad used them up to his revolutionary force as a viable seem to be a serious attempt to point in their law school careers and Solomon wisely political entity in the South and, establish "lasting peace" in reasoned that terminal atrophy had set in, negating their functional use to the team. in effect, to pull the rug of Vietnam. Reconciliation between the In building a successful basketball team from international recognition out from Nguyen President Van under PRG/NLF and President Thieu the ground up, all coaches agree that the one Thieu. seems impossible. There are about essential ingredient upon which the foundation must The U.S. on the other hand, 145,000 conventional troops and be forged is the presence ofa big man in the middle. was not as anxious for a para-military cadre working for He must be imposing, intimidating, insiduous, settlement as the opposition felt the NLF in South Vietnam and indignant, and invertebrate. Coach Solomon was and refused to meet the political 65,000 political agents, at least unfortunate enough to find just such a man in demands. First Dean Rusk and 20,000 of whom are inside the later Richard Nixon argued that Saigon Government's bureaucracy, according to CIA legitimate alternative to President estimates. The reason the U.S. never ,Thieu would encourage insurgencies throughout the attained victory in Vietnam is that fighting a society, not just it was developing world. The "peace-at-hand" talk last an army. South Vietnam is a fall reflected a major U.S. revolutionary society and a and a struggle that has been going on for concession to the PRG foreign 30 years cannot be stopped by an deviation from U.S. agreement agreement arranging for a foreign policy. But the present with that military withdrawal. is firmly in line No, sorry, I don't smoke. Look, if you don't behave, I'll have to tell your father No, sir! no, sir! You'll have to go downstairs with this. ..) Thanx Yes, I just... - — (stamp, stamp. Line 7 Huddle Solomon can always rely on Ivan to get the key rebound or make the winning basket in a tight situation. Rounding out the Shyster starting five is that diminutive dynamo known to his close friends and distant relatives as Superfly Pilato. When he's not busy drawing technical fouls, Superfly can be seen dropping bombs from the outer extremities of the basketball court. No team can play top-flight basketball without a lop-flight bench. Once again, the Shysters have been accorded this blessing. The number one guard is that ever-smiling, high-flying bundle of kinetic energy named "One-Toke" Portnoy. Since taking up smoking, Portnoy has reached career highs in all his endeavors. Sitting next to Coach Solomon on the bench is GuidoOlivieri. Guido would be seeing more playing time if it were not for the fact that a communication problem exists between Olivieri and the rest of the squad members. Since disembarking from the boat 10 years ago, Guido has made great strides in learning the language of his adopted country. Unfor tvnately, however, his English class has covered only the nouns, verbs (both transitive and intransitive), and prepositions. Without a knowledge of personal pronouns, Guido has been stopped from asking Coach Solomon to let him enter the game. The third replacement is the squad's only freshman member. He goes by the name of Cheech Letro but there is a rumor going about that his real first name has something to do with a talking mule. Regardless, Cheech plays the game hard. One of the Shyster cheerleaders was heard to remark in regards to Letro's style, "He's got what it takes and he knows how to use it." To get the answer to the Shyster's undefeated record, Coach Solomon was asked to explain the primary reason for the team's success. Solomon quickly responded that it was not his coaching genius that made the Shysters so awesome. Instead, he dutifully cited the Admissions Office for enabling him to assemble this powerhouse. Boom Boom pointed out that the median law board scores Tor squad members was 337, while the median grade point average was 1.52. Res ipsa loquitor. �February 1, 1973 THE OPINION 7 INTERVIEW: DANNYE HOLLEY The Opinion interviewed Assistant Professor Dannye Holley in his office on January 26. This segment covers Professor Holley's views on the Minority Student Program; in the next issue, we will reprint Mr. Holley's remarks on teaching and students. Dannye Holley received his J.D. from Buffalo Law School in 1970; he received an LI.M. from the University of California at Berkeley in 1971. In his second year on the faculty, he teaches Criminal Law, Conflicts, and a seminar in Education Law. He chairs the Minority Student Program Committee. -John Levi program. I and some other students in my junior and senior years had worked with the administration and faculty here to increase the enrollment of minority students by about five or six hundred percent. The program was just getting off the ground and I felt, when 1 was making a decision about what to do, that I was more interested in continuing to work with that program than I was in taking any administrative position outside the law school. 1 became interested while at Berkeley in a number of subject matter areas that I am still working on as a law teacher. program. Professor Hyman, who has taught the Torts course in the last two summers, required the students to write much more extensively than time would permit in a regular size Torts class. What 1 did last summer in the Methods course was to have people submit a series of papers, starting with a case brief and eventually moving to the production of a synthesis of the cases and materials we covered. We spent much of our time di scussing and evaluating the product of individual and group efforts to develop such syntheses. The concluding research project involves students writing different MINORITY STUDENT PROGRAM forms of legal papers I a BACKGROUND memorandum of law, inter-office O: What kind of success have memo and a letter that would be Holley: The major part ofmy you had with the minority sent to the client in a hypothetical educational background has been student program in terms .of case. spent in Buffalo. I attended helping people with an grammar school, junior high underprivileged educational O: How was this followed up background to be able to make it in thelaw school curriculum? through thelaw school? H: The benefits from the H: I think that our success, if program are supposed to be any at all, is qualified. Because the principally two-fold. First, people program is still in its infancy and become familiar with the teaching this law school,like any otherlaw technique and what they are going school, is still struggling with the to be required to do in terms of problem of how to ensure that performance on exams prior to they provide enough academic their entrance inlo what amounts assistance so that students who do to competition with the students come from an educalional who are admitted on the regular background which indicates that admit criteria. they will have an initial competitive disadvantage, will be Second, for those students who able to get through law school pass the required course, this successfully. reduces the course load in the first We have made several starts at semester, the semester in which (developing a program of the minority students have had additional academic assistance, the most difficulty. The third but we have yet to settle on a benefit is an alternative to the school, Hutchinson Technical Complete format for a program second. A student who passes the High School, undergraduate which we feel will actually required courses in the summer is school at SUNY at Buffalo, and provide such aid. eligible to enroll in Professor law school at the SUNY/B Law Fleming's Remedies course in the School. The one year of my Fall, which should provide him THE SUMMER PROGRAM education that was spent outside with a greater overall perspective the WesternNew York area was at The academic component to of the operation of the law. Now, the University of California at the program has really taken the whether this package is enough to Berkeley School of Law in their format of being a summer compensate for a given level of Master's program. program prior to the entrance of initial academic disadvantage The Opinion: What were you students in the fall of their attributable to educational preparing for when you went to freshman year. What we've done is background is a question that we Hutch? to try to eliminate as much as don't have enough data to answer H: Engineering, college possible the initial shock of the yet. Undoubtedly, we will preparatory. first year by having people attend continue to have difficulty in O; And when did you decide the summer program. The summer insulating the impact of the to get into law? program at first involved offering summer program, apart from such H: Even when I went to a course that is offered factors as improvement in the Hutch, I had always planned to go traditionally in the first semester accuracy of the admissions criteria .to Law School. One of the major of the first year of law school, which in turn would produce reasons I went to Hutch was that torts, but we're changing it this students with a greater academic at the time it was supposed to be summer to contracts. The second potential. This interrelationship a better quality of school than the course that we began to offer last highI ights the complexity of average academic high school in year was a course on legal trying to devise a program of Buffalo. methods. additional academic assistance for It was designed last summer to minority students. Some of the people possible aware as as O: What led you from make minority students simply prove wan ting to be a lawyer into of .the type of deductive and not to need any form of inductive thinking skills they additional assistance, and we are wanting to teachlaw? H: By my senior year in law would have to generally indicate somewhat hopeful that our admissions criteria will be able to school I had decided that I didn't in the first year courses. want to go into a traditional law select a higher proportion of such firm and practice. My options EMPHASIZES WRITTEN WORK students in the future. Other of then were to go into some type 0: In these courses, is there minority students might need legal aid sbciety or perhaps into a public interest law firm, or to go any kind of emphasis on product some form of assistance but their getting the student to turn in problem of academic adjustment on and get my master's degree. may be of the same type and And at that time I had been papers? H: There was a general kind, albeit of a greater magnitude talking to people about taking a technique than that faced by all first year couple of administrative agreement that writing positions: as an example, national was something that should be law students. Others, however, do director of the Law Students Civil heavily emphasized in the summer have unique problems on adjusting to the academic Rights Research Council. I finally program. decided to go ahead and get my There was a general agreement requirements and environment of master's out in California that developing the ability of law school. The goal of the principally because I was students to demonstrate in writing academic component of the to become interested in continuing the work the legal skills they were in the minority program is acquiring should be a sufficiently sophisticated to cope I had started at the law school process ofgoal in the summer with these complexities. with the minority student primary — IABI- , — ADMISSION CRITERIA Another thing that the minority student program worked on last year was developing criteria foradmission of minority students which would satisfactorily measure people who would be able to do competently in law school without relying on the traditional criteria employed forlaw school admissions, namely gr ade-poin t average and LSAT score. Rather than simply rely on those two factors especially since the consensus of the committee was that the LSAT does have a great deal of cultural bias in it in terms of the kinds of questions it asks and the type of background that the drafters of those questions have in mind, the expectation about the students' background that he brings to the taking of that test, so that we don't want to rely on (he LSAT as heavily as has been done in the past, but we still want to gel some kind of accurate criteria for measuring whether a person will be able to perform in law school we started to look at the past performance records of minority students who have already gone through this school (there weren't many cases), and we tried to find out from other schools exactly what they had discovered in terms of background factors which seemed to be significant as a gauge to whether a student would do well in law school. — . - EXAMINES UNDERGRADUATE PERFORMANCE We looked at grade-point average again, found there was some correlation with those students who performed comparatively well as v ndergraduates and those who performed well in law school. So we decided to continue to use that as a significant portion of the evaluation scheme. And we looked further at the undergraduate academic performance. The thing that we found most significant in terms of academic performance was the degree to which the student had improved his grade-point average in undergraduate school, started out rather poorly, but eventually started to catch on you could call it the "catching on" factor: in their third and fourth years, their academic averages were much improved. And in looking at the records and then looking at the law school performance, we saw that those kinds of people were the people who seemed to be able to make the academic adjustment to law school most quickly. And so we started to rely more heavily on measuring that kind of improvenient than simply on taking the overall grade-point average as the only factor. O: And you don't see this kind of correlation in the LSAT you don't see that the scores students who "caught on" are scoring higher on the LSAT than those students who didn't? H: We didn't see any kind of uniform pattern of people who have caught on performing better on the LSAT, no. We did find, though, that.the LSAT certainly is a good measurement for minority students as well as regular - - students in that a person who scores quite high on it will do quite well in taw school. But that doesn't mean that people who do not score well on it will not perform competently in law school or cannot do the work in law school, and that's what we're really concerned with finding out about measurements which tell us whether people will be able to perform in law school. O: It's been my impression that the LSAT is testing the student's ability to think in a lawyer-like fashion, if I may be very general. 1 wonder if you have been able to formulate any similar kind of test that would give you valuable results among minority m students. H: No. We've only begun to try to do something like that. What we did first of all, and what we're doing this year, is simply to have people write a very general essay about anything they choose, and then just in terms of basic English ski 11s, to have them evaluated to see if people have the kind of communicative skills that may be necessary. Because when you say think like a lawyer, you also necessarily mean the ability to articulate that kind of thinking on paper. We thought that there is a range of skills necessary to do that, including basic communicative skills. So what we started out doing is simply concentrating on that, on obtaining an indication of whether people have those kinds of skills. The next step is whether people can demonstrate the analytic ability to read and then understand what the cases have said, and to put those cases together in a format which can [hen be applied to a new fact situation. We haven't cojne close to arriving at a distinctive test that's going to eliminate the culturalbias in theLSAT. - BIAS IN THE LSAT I think that there are two basic areas of cultural bias in the LSAT that people talk about. One: in terms of the things that we're now talking about, the kinds of questions that test thought processes, I think that the bias there lies in the settings of the questions that they ask you to respond to to demonstrate the thought processes. O: Aren't these settings also in terms of the culture in which most lawyers will find themselves, in terms of a quasi-business setting? H: Yes, they are in terms of commerical or economic settings, but the problem is that that's not the nature of the cultural bias that 1 think people are talking about. It's one thing to say that after three years you may be asked to * perform in this kind of setting, and to demonstrate the skills in this kind of setting, but it's another thing to say that we're going to screen you out because you haven't come from this kind of background. Therein lies the bias. WHAT IS A MINORITY STUDENT? * O: What are the criteria for a student to qualify for consideration as a minority student? continued on page 8 �February 1, 1973 THE OPINION 8 BUlETiNBoARd Announcement The Opinion plans to do a series of articles on tenure. Questions and Comments are solicited from students and faculty. Thomas F. Pettigrew, professor of social DISTINGUISHED VISITORS FORUM psychology at Harvard University, will be one of the keynote spakers at an all day conference on The Distinguished Visitors Forum offers an "Institutional Racism," Wednesday, February 7, at all-star cast of guest speakers and lecturers for the The last regular issue of The Opinion was misnumbered 9. It should have been numbered 5. (Dec. 7, 1972.) the State University at Buffalo. new semester. Highlights: February 8: Judge/Professor Jack Weinstein, Sponsored jointly by the U.B. Student Association and the Committee for Formation of an controversialLong Island jurist; February 22: Professor Builder from the Institute on Race Relations, the conference also features an address by Charles Billings, professor of University of Wisconsin School of Law, giving the V MitchellLecture of the Icelandic fishery case. politics at New York University. A B Coming Attractions: Buffalo City Court Judge N Kaiser on pornography; and a member of the local 0 DROP & ADD I bar to speak on no-fault insurance. 0 S X Beginning last Monday, January 29, students H S must have written permission of the instructor and Dean Mix to add a course. Deadline date for dropping a course will be posted. Fee waivers are due no later than the 15 th day after the first day of classes at Shirley's office, Tuesday, February 6th. International Law Club meets today at I p.m. in Room 108, 77 West Eagle. Photographers . . . .. . STUDENTS now I N G invest in life insurance while your premium rate LALUMNI INE is low! by The Opinion is looking for work done by law student and faculty photographers for a special phot issue. If you have any work which youwould like to have considered for this special issue, please contact Chris Belling in Room 2168 or evenings at 631-5243. Do it soon, studentand facultyphotographers for a specialphoto Nicholas D. Grisanti, * * * 1972. * * * Marvin M. Simon, '27, of Gowanda, New York, died November 29, 1972. * * * The Opinion can use more people for our photo staff. There are some fringe benefits and we need your help especially to insure continuity in our work in the future. Contact Chris Belling. Saturday Business Invitees to the Blacksmith Shop, 1975 Delaware, by witnessing specific performance of jazz will prevent my dismissal. Mr. '20 of Buffalo died November 8, 1972. Samuel C. Battaglia, '27, Estate Tax Attorney in Buffalo for the New York State Tax Commission died November 22, Photographers Freshman Classified Ad Earl Carrel New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Savino. Bus. 852-3446 832-7886 Res. CRyptoGRam Maurice Frey, '28, retired Conciliation Commissioner for the Eighth Judicial District and Adjunct Professor .of Law was honored at a testimonial luncheon by the Erie Bar Association on January 9, 1973. Joseph G. Burns, '35, January 10, 1973. * * * of the Town of Tonawanda, died * * * Everett M. Barlow, '35, is the chairman of the NYSBA Finance Committee. * * * Albert R. Mugel, '41, a partner in the firm of Jaekle, Fleishmann and Mugel and an Adjunct Professor ofLaw has been elected to the Board of Directors of the Liberty National Bank and Trust Company. * * * Joseph J. Lococo, '45, of Buffalo, died November 10, 1972 after a long illness. * * * by "Kryptos In this space each issue a short cryptogram will be presented. The code employed is diabolically simple, but one that can be "cracked" by almost anyone. Punctuation, numerals and letter-groupings are unaffected by the code. No. 1 [key: blue fox] gqckniikgagg kd godup aebfirb qkam gfy- ta pkgrvudfg hi rnq ljcdhhxxiof kt Cwhahr. Wq. Etngt'o frnes uootqubbdj eookbgagj apr ej Aijpav. Gldo wniy nr apu Wsok Oearnfior. Esh iw Whcav tiev, viniqijw nkvem? Esw qkaq me Noduebutv tied ej 1979? Wfke luj rf ik kts me Noduebutz wex jnbeefe Wq. Etnge eu 1969? Pq oajf pz m fehf igis kts rnk Whcaz wex jnbeefscyy eu 1959? The answer will be given next week. If you Nnph, godul kedheejrgi siutyoixen ma fvhhgfkt think you have "cracked" the code send your Cwhahf. Rnq ljceky ka Noduebuy nqisnv kts mb solution to the Opinion and your name will be listed. Morris Mesch, '50 and Peter Honig, '61, have been elected Fellows of the American Academy of Matrimonial Lawyers. * * * Ralph L. Halpern, '53, is the Chairman of the NYSBA Committee on Professional Ethics. * * * Hon. Joseph S. Mattina, '56, Erie County Court Judge, will teach a course on sentencing to Superior Court Judges of the National College of the State Judiciary at the University of Nevada in Reno, July 18-August 14, 1973. * * * Roger V. Barth, '63 of Bethesda, Maryland, has been appointed one of the two Deputy Chief Counsels for the Internal Revenue Service. Mr. Barth, spent six years with the in two parts. Tobe continued next issue. Buffalo firm of Hodgson, Russ, Woods, Andrews, and Goodyear before his appointment as Assistant to the educational disadvantage, giver, Of course a decision to include for Commissioner of the IRS in 1969. the type of background that most admissions purposes.educationally * * Puerto Ricans and most Blacks and economically disadvantage^ Fine, '68, associated with the Buffalo firm of come from in the educational whites within the definitions of Robert P.Stevens, McCarville andFrizzel has been appointed system in the U.S. There isn't a minority students would be Williams, question when someone indicates contrary to the entire goal of the Counsel to the Erie County Charter Revision Committee. Interview with Holley. . . continued from page 7 H: First of all the Minority Student definition has never been spelled out by any kind of policy ■* document by the law school. Traditionally the State University has translated it into "educationally and economically disadvantaged," which cuts across ethnic types of definitions and really talks in terms of economics * andeducation. However, and I think this is clear, there is a presumption that goes with coming from particular ethnic minorities, that you do fit within that class of people who have been economically and educationally disadvantaged. And the presumption is really one that goes to the Question of * that he is from that minority group that he didn't suffer considerable educational disadvantage. Now as to whether or not people outside thoseethnic groups can qualify in the State University definition, the answer, of course, is yes. And if the law school, in adopting its final policy, chooses to say that we're going to go with what the State University's normal definition is for educationally and economically disadvantaged, then it would be possible for an Appalachian White to be admitted into the program. minority student program. That goal is to admit, graduate, and * * * . Dennis L. Repka, '69, of Cheektowaga, has been appointed a have admitted to the bar a Junior Assistant to the Erie County District Attorney. significant number of students * * * who are members of those racial Mark Farrell, '72 will enter the Air Force in the Spring as a and ethnic minorities who are Captain in the Judge Advocate General's Corps. presently grossly under* * represented in the legal The Law Alumni Association had their annual luncheon in profession. This semester, the conjunction with the NYSBA Convention in New York City Minority Student Program January 26, 1973. Guest speaker was former State Committee will be working to on Supreme Court Justice William B. Lawless. Mr. Lawless, develop a policy statement that will define "minority student" for now practicing in New York, is a former Buffalo the variety of purposes that it Corporation Counsel, former president of the Buffalo might be employed in the Law Common Council and former Dean of the Notre Dame Law School. School. * � 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, 1973-02-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/1973 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 15:43:00 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/a80711f32e519ad3e87b83d9586393a0.pdf 14b957d0f323a73b9c8bfb6272f06097 PDF Text Text The Opinion 77 West Eagle Street Buffalo, New York 14202 THE Volume 13, Number 7 OPINION Non-Profit Organization U.S. Postage PAID Buffalo, N.Y. Permit No. 708 State University ofNew York at Buffalo Law School February 22,197: SBA Elects Officers individuals." Miller cited the money where their mouths are." Miller expressed the intent to make the SBA into a government Executive fiat, or by a few by committee. "Although it interested individuals. The great sounds like a bureaucracy, the majority of the student committee system is the only way we can get a lot ofpeople doing a little bit each. Everyone has too much homework; but unless all of us are willing to contribute a part of our time, student government will continue to be nothing more than a good word on the resume," few present structure of the SBA as an example. "Everything is done by Marty Miller Student Bar Association elections were held on February 5, following a low-key campaign characterized by the usual large signs adorning the halls, mimeoed garbage on the floor of 110 and 108,and universal apathy, The Results: in the race for President, Marty Miller amassed 100 votes to 69 for his competitor, Neal Dobshinsky. Chris Greene, the sole candidate for First Vice President, garnered 123; Jim McLeod, the only declarant for Second Vice President, got 118,compared to 7 for his nearest write-in competitor, Buffy Burke beat Regina Felton in the race for secretary, 92-21; and Hugh Scott won the post of Treasurer in a Chris Greene run-off on February placement facilities and opportunities, and otherhassles of student life "talk is cheap. Only by making the SBA an - organization in which every student plays an active part can we hope to translate all the rhetoric into worthwhileaction." Miller is not overly optimistic about the chances that every st vdent will give his thirty minutes per week to the SBA; but his approach to his job spells an end to no-fault government, giving students an opportunity to do more than grumble. 8 after his competition, Jerry Dyer, dropped out of the race. In the original contest, Dyer got 31 votes, to 29 for Scott and 15 for Dick Maigret. Marty Miller, a Taurus, expressed satisfaction at his victory, and impatience to tackle the formidable problems that await him. "This student body has spent too much time sitting on its -Photos by Belling Jim Mr I rod lot, but when'it comes to putting in some work to get something done, they're all too busy." He pointed Buffy Burke to the elections for SB1 A reps ass; as a result, the power to slated a month away as an control our lives as students has opportunity for the student body Miller pointed to the many slipped away into the hands of the to choose activist representatives complaints about the law school's faculty, the administration, and a who are willing to "put their arbitrary schedule, the lack of representatives bitch a HughScott Weinstein Analyzes Court System election. In the past the election has been "a bi-partisan deal or arrangement," moving up the senior judge while the other party appoints the substitute. No one has made it a contest since Learned Hand ran and lost in 1913, said the speaker. When the position was "honorific, that was fine, but now we're in a time of crisis. There have been enormous pressures since World War 11, a genuine Judge Weinstein effort to get equality of justice which puts an enormous strain on by Diane Graebner the court system. The problem is "It's a very curious thing to to deliver legal services to large have a U.S. District judge with a numbers of people with relatively fascinating job considering little expense and relatively running for the New York Court quickly." "We haven't achieved equality of Appeals," said Jack B. Weinstein, "but when I look out of justice," said the judge. "It's all very the and well to have a Mapp case or at state system review it, I Miranda case which talk about find it utterly appalling." Judge Weinstein, who spoke these great principles, but unless Feb. 8 in the Distinguished the person who has contact is Visitors Forum at the Law properly treated, it doesn't mean School, saidhe had some ideas on a thing. It's in the jails where we how to improve the state system, have inequality; in the jails where and that many of these we have brutality." The governor's recently improvements could be made by the chief judge, who now has announced program to crack down on drug pushers is great administrative power. "One of the reasons the state "horrendous; il would utterly system doesn't work," said Judge destroy many people," Weinstein, "is improper commented Judge Weinstein. "It administration." The chief judge reflects a kind of brutality abroad since 1961 has had very great in the land. One of the great powers "but they haven't been dangers of failing to bring the c xercised, partly because it's state system up to standard is that tradition." The opportunity has people are giving up on it. There's come up this year because the a failure to enforce constitutional present chief judge is resigning, standards, and a deterioration of and the position must be filled by federal concern with these -Buflotame — - , standards, too." The layman who says "narcotics addicts ought to be shot," suggested the speaker, thinks quite differently whenhe's faced with a real defendant in a according to Judge Weinstein, are calling into being the Court on the Judiciary (which has been called five times in the past 20 years). He also suggested a state-wide committee of distinguished jury situation. laymen to investigate the reports "I'm convinced that in Ihe long against judges (such as the alleged run we will have more effective Mafia connections of Brooklyn protections through effective judges). California has such a administration" and well-run correctional institutions thanwith "hit and miss type ofrelief we're getting now, he stated. Judge Weinstein said the stale courts have great potential. "Just because you're on the federal bench doesn't mean you're any better, but they expect more of you" and that has its effect. He noted a recent law school graduate brought a case before him in federal court that the judge thought had more defenses in state court, but the young lawyer, ,"when he thought rights, thought Con st i tvt ional rights, federal courts, rather than state courts." Among the powers that the chief judge could exercise, committee which costs about $50,000 per year and is very effective, he noted. The committee could investigate the charges, make public the ones that had no basis in fact and take the others to the Court on the Judiciary. The Brooklyn judges who have been under fire have reacted so far by not granting bail, refusing to dismiss charges and refusing to reduce pleas, which is no solution, according to Judge Weinstein. He also suggested the chief judge could appoint a series of investigative task forces. "The chief judge of the United States, who has far fewer powers, is beginning to use some of them. The federalcourts have used them much more than the states. We have an enormously talented legal community and the chief judge can draw on this talent." Commenting on the proposal that the state have a chief judge-appointed administrator, the speaker said this was "a way of keeping the boat from rocking something unsuitable." The same system in the federal courts does not work, he stated, ''because .the administrator .. -Buffomente SADFDSFSDF doesn't have moral authority; he isn't thehead of the system." Judge Weinstein would prefer an appointed system of Court of Appeals judges, but he said the legislature instead is considering just abolishing the primary, "so the deal can't be brokenup. The net reform may be the usual regression." The election this year, according to the judge, will have a better chance than last year's of being educational since it's the only state-wide office up for election. Prof. Herman Schwartz, who introduced the speaker, described him as "clearly one of the finest" federal district judges. Judge Weinstein, a graduate of Columbia Law School, also taught at Columbia while he was county attorney. He became a federal judge in the Eastern District of New York several years ago.. About 60 persons attended this speech in the Distinguished Visitors Forum series, the second this semester. �Brewster on Tenure Editorial LATE GRADES Despite a plea from this newspaper last issue, the professors listed below did not find it'expedient to turn in their course grades on time. The schedule allowed one month from the date of the last final examination for the grading of exams and papers, a lengthy time surely sufficient for anyone making a sincere effort to comply. Although students are expected to hand in papers and exams on schedule, unless they are given permission to extend the deadline, some professors seem not to consider themselvesbound toreciprocate. Common courtesy suggests that more than a sheepish apology is due from the malingerers ... adhering to schedule next time would do much to remove theblack marks from beside their names: BIRZON CRIM LAW FLEMING REMEDIES HOLLEY CRIM LAW KOCHERY CIV PRO B; JUD AD SEM CON LAW B MANN SCHWARTZ, R. COMP SEM; PERS IN LAW SEM 11115 oPiMONs&'^r 7 Sports Kingman Brewster, Jr. is President of Yale University. This excerpt from his 1971-72 Report is reprinted here by permission. Of all the folkways of university life, perhaps "tenure" is least comprehensible to those whose professional or executive life involves the staffing of other forms of organized activities business, finance, government, or non-profit service. In prosperous times, the tradition of academic tenure evokes puzzlement. In times when colleges and universities are struggling for financial survival, tenure is challenged with increasing - How, it — Kay Latona AssistantEditor - John Levi Editor - Peter Jasen Business Greene Editor - RobertDoren Editor Articles & Feature Editor - Earl Carrel Editor Roberts Managing Manager Poetry Photography On Tenure by Kingman Brewster, Jr. frequency. is asked, can we talk glibly about the knowledge explosion or the exponential rate of change with all its risk of rapid intellectual obsolescence Editor-in-Chief — Christopher Christopher Belling Douglas - Otto Matsch, Gary Masline, Mike Dunlavey, Peter Clark, Ted Orlin, John Hayden, Fred Steinberg, Dianne Graebner,David Schubel, Lou Haremski, Frank Buffomante, Ibby Lang, E.J. Mandel, Jon Kastoff, Kay Wigtil. Staff February 22, 1973 THE OPINION 2 The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the State University of New York at Buffalo SchoolofLaw, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-pTofit organization. ThirdClasspostage up entered at Buffalo, N.Y. - and at the same time lock ourselves into lifetime obligations to people in their mid-thirties? Not only do we risk becoming stuck with the obsolete, but we remove the most popularly understood incentive to higher levels of performance. F vr t he rm o re, since even in financially easy times, university resources are finite, every "slot" mortgaged for a full professor's lifetime blocks the hope for advancement by some promising members of oncoming generations. When resources are so tight that the faculty must be pruned, because of tenure most of the pruning is at the expense of the junior faculty. Many juniors are more up to date in their command of new methods and problems in fast-moving fields and many of them are more talented than some of the elders. The American Association of the University Professors organized guardian of academic has freedom and tenure recently taken some pains to make it clear than tenure is not an absolute protection against dismissal. They say that a person can be fired for gross misconduct or neglect of duty. They assert that even a person with tenure may be terminated for financial reasons. Such termination is permissible in their eyes, however, only by a process which puts the burden of proof upon the university and in which the victim's faculty peers are both judge and jury, subject to final disposition by the trustees. The practical fact in most places, and the most unexceptional rule at Yale,is that tenure is for all normal purposes a guarantee of appointment until retirement age Physical or mental incapacity, some chronic disability, some frightful act of moral turpitude, or persistent neglect of all university responsibilities have on very few occasions in the past resulted in "negotiated" termination settlements. However, even in extreme circumstances there is a deep reluctance to compromise the expectations of tenure. For both human and institutional reasons it is the practice to Tide it out even in cases where performance has fallen way below reasonable expectations. When it comes to financial reasons for termination, in all discussions about the possible shut-down of a — — program or department it has been assumed that the University would have an obligation to find a place at Yale where those with tenure could continue to work in their field. In short, as far as Yale is concerned, the efforts of the AAUP to mollify the critics of tenure by argument that tenure is not an invulnerable shield against dismissal is of little operational significance. In Yale's case the a rgument for the policy of granting tenure must be made as though it were virtually a guarantee of appointment until retirement, not as though it were a privilege easily subject to qualification or revocation. ! The defense of tenure usually falls»into two categories: the need for job security, in order to draw good people into underpaid academic life; and the need to protect the academic freedom of the faculty. Both of these points are valid; but put thus simply, both grossly understate the significance of tenure to the quality of a first-rate university. The argument based on the recruitment of faculty is underscored by the simple fact that as long as most institutions grant tenure then any single institution must go along in order to remain competitive. This is probably true. However, I am enough of a "Yale chauvinist" to believe that if we were to decide that tenure is a bad thing, put up with only because our rivals offer it, we should find ways to get rid of it. There might even be some trade-offwhich would allow us to bid for the people we want in continued on page 5 RiGHT ON! by Otto Matsch Those people don't care pins at election time. There is an ilk ofhysterical, syndicated columnists of the Liberal persuasion who are running around without leashes or muzzles, nipping at and harrying us with their cries of "The fascisti are coming! The fascisti are coming!" (They evoke the image of Tom Wicker and Harriet Van Home riding through the dark streets of Manhatten on a pair of frantic jackasses, waving red lanterns and braying their message over the braying of their steeds as the muggers close in.) I have news for them. The fascisti are already here, except that in this country they call themselves Liberals. There are a lot of faults that Liberalism has its elitist snobbery, its desire to crush others into stereotpyes, its pious self-righteousness, its radical chic silliness, among others but the worst is its incipient racism, which no doubt springs from Liberalism's collectivist philosophy. The Liberal ontology is devoid of any human characteristics which are not group labels: blacks, hard-hats, red-necks, bourgeois, reactionaries, revolutionaries. There are no individuals all blacks are the same, etc. In short, there are no people, just robots preprogrammed to react in the ways ordained by liberal labelers, just faceless units of a collective mass. The racism of Liberalism is especially obnoxious because the charge of racism is one which is so often leveled at any criticism ofLiberal dogma. How many times have we heard that anyone opposed to busing, to crime, to "urban renewal" programs, to hiring quotas or any score of other projects dear to the heart of Liberal ideology is a red-necked, racist brute? Undoubtedly some of the opponents of some Liberal programs are racists, but the accusation of racism is too often used as a device to avoid debate of theseissues on their merits. When it comes to the crunch the suburbanite Liberals ship their own brats off to Park and Nichols at busing time, put up a howl when the low-rent housing project is put in their sitfJurks instead of in the blue-collar section of town, and the liberal politicans wear flag-lapel ■• '■ )(J'Jlii.K! .■••:<■.•■ '■ !!i ■.5-. .V.■'/.'.' : — — — Their racism is not mind that the Tibetanshave fought Chinese tyranny for 18 reserved for the home front. yearswith no chance of success; never mind that no nation Lenny Bernstein and the rest of the radical chic might ever had a democratic background before achieving make fools of themselves for the Black Panthers, but they freedom, yet nation after nation has risen against tyranny. will positively grovel at the feet of any foreign dictator Never mind "those people" don't care. who throws them an occasional crumb: Castro, Stalin, Ho, As for our riders, I'm rooting for the muggers. Mao ("revolutionaries" are their favorites). Castro's regime is so racist that Eldridge Cleaverleft The H Machine there in disgust after seeking refuge from racist Babylon; Professor Mitchell Franklin is a tenured member of his sidekic,k came back to face a jail sentence rather than both the Law and Philosophy departments. Because he is chop sugar cane. Neither could stomach the way socialism over 70, the university must reconsider his continued treated black Cubans; the Liberal line here is that we employment on a yearly basis. Critics of the should normalize relations with Fidel. Stalinkilled a lot of administration charge that Ketter et al, are dragging their his people, but they were only Slavs, which any good feet on rehiring Professor Franklin, thebasis of this shabby Liberal knows are inferior to WASPs, and it was for a good treatment being that he is a "renowned Marxist cause anyhow, witnesseth the Workers' Paradise. Mao is theoretician." still called an Agrarian Reformer, although his reform I don't know Professor Franklin and my opposition consisted of plowing about 50 millionChinese 6 feet under to him is not personal, but directed toward his fertilizer, you see. Mao's treatment of the Tibetans philosophical psychosis. He should not be continued as a would be called genocide by a human, but Liberal dogma professor, and he should never have been hired. tells us that "those people" don't care about life, so it does Marxism, or Marxist-Leninism, or national socialism, not matter to them if they are murdered by their or communism, or socialism, or whatever one chooses to liberators. If you ask a Liberal who "those people" are he call it, is a degenerate ideology based upon the collectivist will tell you straight-faced, as he told me: "Orientals. 1 like tenet that the individual has no rights, that all rights are the Vietnamese,but they don'tcare." vested in the State, and that the individual is an object to Ho Chi Minh is Liberalism's very own George be used and sacrificed at the' whim of the State. Such a Washington figure. Although Ho wanted to'conquer all of philosophy is directly anathema to the Constitution, which Indochina, Liberal dogma has decreed that the war of is a document outlining the rights of the individual and conquest is really a civil war, and thereforeis all right. The making it clear that all rights vest in the individual, not in dogma has even decreed that "those people" are not ready the State. for democracy, that communism is better for them A collectivist, any collectivist,has no more business because they don't have that WASP background so teaching law, which means teaching about individual necessary to appreciate freedom. After all, "those people" rights, than Adolf Hitler (also a collectivist) would have are justgooks, and they don't care about such trivialities as teaching a course in race relations. Nor, for that matter, freedom. does a collectivist have any business teaching philosophy, Never mind that those gooks have fought for but that issue will not be dealt with at this time. A freedom against the French, the Japanese, and the collectivist does, of course, have the right to teach, and a communists,-for 25 years; never mind that the Laotions university has the right to hire him, but for the sake of and the Klimers are losing soldiers in their struggle against intellectual honesty, philosophic integrity,' "a Hanoi's aggression faster than they are being born; never should not hire one. - - unije'tsity �February 22, 1973 THE OPINION The Fault with No-Fault To the Editor To the Editor: Mr. Herald P. Fahringer's recent article, 'The Censure of Martin Erdmann," would have put the issue in clearer perspective if it had reminded your readers of the facts underlying Mr. Erdmann's censure. According to the official report {Matter of Erdmann, 39 AD 2d 223, 224 [3d Dept. 1972]), Mr. Erdmann wrote of and concerning the judges in the First Judicial Department: "There are so few trial fudges who just judge, who rule on questions of law, and leave guilt or innocence to the jury. And Appellate Division judges aren 't any better. They're the whores who became madams. "I would like to (be a judgej just to see if I could be the kind of judge I think a judge shouldbe. But the only way you can get it is to be in politics or buy it andI don V even know the goingprice." - I will suggest three lessons to be learned from this unusual case and Mr. Fahringer's reaction to it, regretting only that limitations of time and space prevent a fuller statement of each point. The first is that we need more lawyers who in Mr. Fahringer's words are "fearless enough" to expose specific instances of judicial misconduct in specific ways instead of crouching behind the anonymity of group libel. Particularly is this so when the innuendo of the libel itself is unclear. There may have been other parts of Mr. Erdmann's article which, again in Mr. Fahringer's words, "were both incisive and informative," but I am not at all informed by a statement that unnamed "Appellate Qivision judges" are "whores who became madams." If a school board made such a pronouncement about "teachers," or if any class of persons identified only by occupation, religion, nationality or whatever were similarly attacked, I would hope that lawyers wouldbe among the first to protest the generality and unfairness of such allegations. The second lesson is that the profession is constantly in need of elevating its standards of urbane and civilized behavior, or in Mr. Fahringer's words "its independence and dignity." Anyone who has observed the standing and behavior of the bar in other common law countries, by DianeGraebner both within and without the courtroom, will have sensed disturbing comparisons with the profession in the United States. There is no point in asking whether the courts are no better simply because they have risen to our level of expectations and no farther. The trial of the "Chicago Seven" is an example of a case where court and counsel, working together, managed to pull one another down to a level which neither alone could quite have attained. In the careers of our greatest advocates, no examples of such performances may be found. Clarence Darrow and Joseph Choate, to take two instances from the extremes of the profession several generations ago, would be better models than most today. The third lesson is that in cases with First Amendment overtones, when liberals invoke their inevitable rhetoric and predictions concerning the crumbling and erosion of civil rights, they are not necessarily to be believed. I do not believe that "what happened to [Martin Erdmann] could easily have happened to any one of us;" that the decision in his case will "instill fear in other lawyers in raising their voices against our government;" or that "there will be no end to what other rights may be taken from us." From the beginnings of the republic lawyers have criticized officials and government and have done it with wit and eloquence, and so far as I know felt under no intellectual or expressive handicap in being unable to call judges madams or to suggest that as a class of persons they had purchased their offices. There is much in Mr. Fahringer's article that has my philosophic concurrence, but little in it that I find relevant to Matter of Erdmann. I am entirely unmoved by the effort to picture Mr. Erdmann as "another casualty in man's historic struggle for human rights." He is, rather, a lawyer who for a moment forgot the lessons of his own craft and the obligations which hold the profession together, and who in his exaggerated assault upon one of the most sensitive instruments of democracy contributed nothing at all to the cause of liberty under law. Hilary P. Bradford LIB., 1953 ' Presidents Corner Thisis the first comment on the Law Schooland the SBA submitted by new President MartyMiller. At its inception the SBA was intended a representative democracy. Whether it effectively functions as such is a decision which, to a large measure, rests upon the shoulders of the student body. It is not surprising to learn that voter participation in the past SBA election was a sparse 30%. There really wasn't reason to vote, all candid ates except one ran without opposition. Can we honestly conclude that our officers, thus elected, can accurately reflect the desires of the majority of the student body? Unfortunately this is a fiction we are forced to accept. to be apparently, was not interested enough to bother to investigate. Some of you may be shocked to learn that I personally favor a pas s/no credit type grading system, although I would accept some modification of that basic type. 1 also favor post Christmas exams: as much as I would prefer a true vacation during the Christmas holidays, I find studying more important. This doesn't mean that I am necessarily going to propose or even fight for either of these ideas. The position of President is to represent, and that can only be done if there is sufficient input to the SBA throughits duly elected officials. Very shortly we will be conducting This isn't to conclude that there weren't any issues facing the body. There another round of elections. At that time ballot the classes of '73 and '74 will select their enough room on the was more than representatives for the following year. for candidates of different perspectives Additionally, there will be an election to but almost no one cared. Only a few a vacancy oh the Faculty^Student Indivpials approached me and sought my fill. (FSRB). I ask that you opinion of the grading system, potential Relations Board choices. to calendar reform, etc. The majority, give serious consideration your . 3 "With the possible exception of the abortion problem, no issue has generated so much emotional debate as no-fault," according to Buffalo attorney William Reynolds, who spoke February 15 in "The Fault with No-Fault." Disclaiming the title of the speech, Mr. Reynolds said he hoped to give an objective presentation, although some of his biases were clearly expressed. Pure no-fault, represented by the Stewart Report, published in early 1970, said Mr. Reynolds, inverts the premium pyramid. Since first-party coverage pays the driver and William Reynolds passengers in the insured's car, he profits for the New York law which said, the employed family man with goesinto effect February 1, 1974. a large car and children becomes a The effects of the New York worse risk than the unemployed, statute, according to Mr. Reynolds, unmarried young man with a small include its protection of an car and usually fewer passengers. extremely narrow catastrophe Under the fault system, the young, category with its high $50,000 unmarried man is presumably a injury. He also asserted it will mean worse risk and pays higher elimination of many claims, because premiums. Under the pure no-fault persons with small claims will not be system, said the lawyer, the family able to sue for pain and suffering man would have the higher injuries. "There are a lot of not premiums. costly but painful injuries," he said. The threshold to no-fault a "Persons who should be allowed barrier the insured must pass in order access to the courts will be barred," to sue is "the guts of a no-fault because of the "arbitrary line drawn bill," said the speaker. Five states to reduce claims." have no threshold; six have varying The system should reduce court ones. Florida places the barrier at congestion, said Mr. Reynolds, since $1,000 in medical expenses or a 85% of persons injured don't have qualifying injury or $5,000 in medical expenses above' the $500 medical expenses and wages. threshold. Some rate reduction will Michigan has a threshold only for a be immediate, although the speaker such as death, claimed the two rale reductions after qualifying injury dismemberment, significant the initial one in Massachusetts were disfigurement and permanent loss of not related to no-fault. He also a bodily function. The federal bill described no-fault as "stealing from pending (Hart-Magnusen) is similar the innocent to pay the guilty" in to Michigan's. the sense that persons who have pain The Uniform Motor Vehicle and suffering will not be paid for Accident Reparations Act them while persons who under a (UMVARA) has a threshold of a fault system could not recover will qualified injury or six months total recover. disability. The no-fault bill also will The New York statute, signed seriously affect lawyers' job market, into law February 12, excludes said Mr. Reynolds. While not many motorcycles, noted Mr. Reynolds. Its lawyers are in full-time auto coverage in terms of persons includes litigation, many doit part-time. the named insured, his relatives in In describing the "height of the same household, passengers and ridiculousness" that the no-fault pedestrians who might be hit by the debate has engendered, Mr. Reynolds insured's car. The limit of first-party noted that two anonymous letters liability is $50,000 in out-of-pocket were sent ,to Governor Rockefeller expenses all medical expenses and and Senator Gordon ("chief lost earnings to 80% of the person's architect of no-fault"), threatening wages (compensating for taxes on their lives if a no-fault bill passed. normal earnings) with a limit of Since the letters bore Buffalo $ 1,000 per month. The only postmarks, the speaker and another collateral sources that will be prominent opponent of no-fault in deductible from the no-fault the area were extensively collections are Workmen's investigated by the Bureau of Compensation and Social Security, Criminal Investigation. Mr. Reynolds attributed part of so a person could in theory recover twice as much with no-fault and Blue the "hysterical and uninformed Cross coverage. demand" for no-fault insurance to As the lawyer described the New the media, specifically the Buffalo York statute, the first-party carrier Evening News and the New York has a cause of action for special Daily News. He noted also some of damages (taken from the individual) the signs being carried around the through binding arbitration. New legislature. On the one side was York's threshold includes the basic "no-fault is the root ofall evil" and qualifying injuries or $500 medical on the other "no-fault represents the expenses (exclusive of motorist's right to life." The person carrying the latter sign, said Mr. psychotherapy or physiotherapy). The statute also calls for a direct Reynolds, just did not know what 15% reduction in bodily injury no-fault was about. About 35 persons were present at premiums, 20% if the insured opts for a $20tj.; deductible. The this third speech in the second Superintendent of Insurance will semester's Distinguished Visitors devise guidelines and rules to control Forum at the Law School. -Beling — — - - �I I UfflCe MOUfS Off HOUrS The following people did not respond to the Opinion's request: DelCotto Teitelbaum Gordon Fleming Holley Buergenthal cSanter Ros^nbelg Im/™> Joyce Rtr7on Dirzon S Reis DTmond" Frev Schwartz H Swartz Mugel ' A ! DAVIDSON, Kenneth 11 ■ ■ M ■ B 724 llthP 624 HYMAN.J.D. 726 ™^^ ■ — 1 ■ En- Agency & Partnership Zimmerman 26 Tax A Taxß Corp. Tax Con. Law A Con. Law B Family Law Joyce DelCotto DelCotto 150 0 41 0 28 3 87 2 Corporations Evidence Sales Ad Law Soc. Legis. Labor Law Grat. Trans. Futurelnt. Remedies Comm.Paper Crim. Proc. . ■ ' ";„' KELLEY.Patri* 608 Thu.,2 KOCHERY, David 718 All non-classhours, appt. unnec. LAUFER, Joseph 614 Friday 2-5,0r by appt. LOCHNER.PhiI 738 MANAK, James P. NEWHOUSE, Wade - RICKERT, Thomas Tues. & Thurs., appt. unnec. 602 Appt. unnec. 606 Wed., Thurs., Fri. generally, appt. unnec. 740 1 -12 Wed., Thurs., Fri., appt. 1 preferred Appt. nee. Mon. & Wed. 2:30 % H 0 5 0 0 10.7 2.2 24 8 19.2 16.0 19.5 16 57.1 0 80 0 26 0 156 0 79 3 0 0 0 1120 SCHWARTZ, Richard Mon., Thurs. 2-3. Appt. preferred. The followingis a chartof the grades for the Fall semester. The rating system was complied as follows: Each grade was assigned a value (HD=4, H=3, Q=2, D=l, F=o). Then the total number of points was divided by the number of persons whoreceived grade my course which had an average grade of Q would receive a in that coi :. With this syste a 2.000 rating. As far as the value of the grades themselves, you can draw your own conclusion. % 0 - 3:30 and 5 % Q D % 15 t>2 15 4 40 37 44 58.4 61.3 36.5 14.2 45.9 63.7 55.0 2 15 0 8 7.6 10.0 19.5 0 8.0 0 10.0 8 0 7 4 0 0 20 76.9 2 7.7 46 7 29.4 8.8 15 18.2 89 46 52 24 57.0 58.2 63.4 77.4 12 7 0 0 7.6 8.8 0 0 0 1 0 3 0 1 2 0 0 44.1 3 8.8 0 75.0 46.0 0 12 0 19.0 0 1 0 0 25 28.7 10 17.2 17 21.2 82 0 3.7 0 31 34 48 63 0 0 0 0 0 0 0 0 32 0 0 9 28.1 17 110 0 116 2 1 47 0 1.7 "9 34 7 8.1 29.3 87 "79.0 64. 5,5.1 3 9.6 12 35.2 9 18.7 16 25.3 15 . 7 . 0 1.5 12 4 0 1 2 0 2.0 7.3 7.6 6.8 13.7 2.5 0 3.2 0 15.4 12.9 0 2.0 3.1 0 0 0 0 4.6 9.7 0 1.1 0 3.7 0 0.6 2.5 0 0 0 0 3 3 2 6 8 2 0 5 0 % Rating 4 9 3 3 15.3 6.0 7.3 10.7 6 6.8 3 6 4 3 5.1 7.5 15.3 1.9 14 17.7 3 0 3.6 0 2.136 1.921 1.512 2.956 2.266 2.212 2.375 1.909 2.216 2.030 2.223 2.111 R 4 . i 1.7 2:300 3 24 8 0 0 0 0 4 50.0 18 0 0 5 27.7 10 55.5 0 Newhouse Galanter Girth Manak 41 13 16 2 4.8 7 0 0 4 7 17.0 30.7 43.7 15 7 9 36.5 53.8 56.3 0 0 0 19 0 0 8 42.1 8 42.1 Buergenthal 12 13 13 2 31 10 4 16 0 0 1 0 0 0 0 0 0 0 7.7 0 0 0 4 4 2 0 19 3 33.3 30.7 15.3 4 8 10 33.3 61.5 76.9 17 16 0 Schwartz, H. Rosenberg Rosenberg Franklin Atleson Galanter Hyman Kochery Schwartz, R. Schwartz, R. Carnahan Manak Hyman Steinbock Homburger Katz Birzon Holley Fleming Macaulay Gordon Laufer Davidson Kelley 0 1 0 4 1 0 0 7.1 3 2 1 5.0 11 63 63 63 0 1 0 15 12 15 67 1 0 1.5 0 1.4 0 0 0 2.8 0 0 0 0 14 20 , 0 77 0 62 0 61 0 69 2 65 0 58 0 53 0 63 ~o,u . ~,ri 5 36 29 0 I-No Grade % % F 59 Staff Reis Kochery Laufer _ Appt. unnec. 14.9 40.6 Env. Management Civ. Pro B Insurance . 600 2.1 5.0 — RickertSchwartz, H. Buergenthal SEMINARS: Legal Probs. Pub. Sch. Law & Social Change Women's Legal Probs. Legal Aid Intl. Organizations Cljn. Stem, in Correct. Sen. Law Clinic Adv. Cl. Prob. Sch. Marxist Legal Theo. Int. Union Dem. Law & Development Legal Reasoning JudicialAdmin. Computers & Law Perspectives Law & Action Law/Psychiatry Government Lit. FRESHMEN: Civil Pro A Civil Pro A Civil Pro A Crim. Law Crim. Law Crim. Law Contracts Contracts Contracts Torts Torts nec> KATZ, Al 2 4.1 2.200 3 ''4.7 '2:034 12.5 0 0 4 l 3.5. ~1 ...3,5 2,16,6 5.4 6 0 0.9 6.3 2.029 1 7 6 9 0 5 7.7. 2. 1.7 0 4.3.2.225 1 8.5 3 6.4 8.5 2.025 4 2.1 4 00000000 2.508 0 0 0 0 12.5 3 37.5 2.000 1 Joyce Mugel Fleming International Law, trial Technique 0 58 Atleson Mon., Wed., Fri., 10:30 -5. ca"Pat Tay|orAPP'- ■hhJI B^™ \g J rolled HD Mann Mann Swartz Lochner Gordon Girth Gifford Davidson Office hours not esfd., appt. ■ |1 1 fJ II Instructor Course not otherwise by appt. ™ ' 10-5, when preferred HOMBURGER, Adolf IB^ Wed.'no appt! "W GREINER, William ' ' afternoon all day nec 742 GIRTH, Marjorie Ml |^r| I ! f I Torts, February 22. 1973 THE OPINION 4 26 32 53.1 55.3 54.2 3 16.6 2.333 0 1 50.0 61.2 30.0 25.0 25.0 6 3 9 19.3 30.0 25.0 56.3 0 0 0 3 7.3 14 34.1 0 0 0 0 15.3 0 0 2 00000000 0 0 0 0 0 0 3 15.7 0 0 0 0 8.3 3 25.0 1 0 0 1 7.7 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 1 50.0 0 0 0 0 5 16.1 3.2 1 0 0 0.0 3 30.0 10.0 1 0 0 0 0 1 25.0 1 25.0 0 0 0 0 6.3 2 12.5 1 17.6 12.5 35.7 55.0 9 12 5 6 52.9 75.0 35.7 30.0 1 0 1 0 5.8 0 7.1 0 0 0 1 0 41 65.0 38 60.3 33 52.3 36 53.7 64 83.1 37 59.6 29 47.5 46 66.7 37 56.9 40 68.9 38 71.6 49 77.7 6 9.5 0 5 7.9 11 0 1 17.4 0 1 0 13 1.2 0 7 12 7 11.2 19.6 10.1 2 7 10.7 8 13.7 23.8 19.0 23.8 9 13.4 8 10.3 11 17.7 14 22.9 9 13.0 13 20.0 9 15.5 7 13.2 5 7.9 1 5 9.4 0 •-"''»"■" 0 ! 2 2 1 0 0 3 ■'•-'•■•■• 0 1 0 7.1 0 1 0 0 0 1.5 0 19.4 0 3.2 3.2 2.8 1.5 1 2 3 2 2 1 0 0 4.7 •' 1 0 1 1 2 2 5.8 6.3 0 0 2.458 2.363 2.437 2.500 2.500 2.333 2.307 2.000 2.760 2.500 2.500 2.307 1 1 2 17.6 6.3 7.1 10.0 2.153 2.285 2.307 2.722 1.5 0 4 3.1 4.7 1 2.9 6 2 2.5 1.6 4 1.6 -3 0 3 1.5 6 0 1.7 3.7 1 3.1 4 0 6.3 1.5 8.9 2.5 6.4 4.9 4.3 9.2 0 1.8 ,6.3 2.145 2.122 2.067 1.745 2.095 2.000 2.140 2.030 2.068 2.017 2.040 1.982 ■ 3 , cl" �February 22, 1973 THE OPINION 5 Holley: Interview Concluded by lohn Levi O: 1 want to talk a little about your teaching. What' kind of attitude do you find coming from yourstudents when they walk into your classroom on the first day? What kind of attitude do you think the students of this schoolare bringing to their education? H: One of the major types of feelings and emotions I get from a number of the first-year students, and I guess this is part of being a first-year student as well as part of being in my classroom, is a hesitancy, a reluctance to immediately discuss things that go on in the classroom that seem to bother them, or aren't clear to them. I'm not sure whether it stems from teaching methods, or just from seeing someone Black in front of them; but for the first part of both semesters in both of my years of teaching criminal law I've noticed this hesitancy, but I wouldattribute it not only to the race factor. It may simply be the expectations that first-year students have, the folklore of law school, a part ofwhich is questioning, waiting to see if it all comes together. Nevertheless, I do notice what seems to me to be an unhealthy reluctance to discuss the things about which they are not clear either in class or after class; or at least >o allow it to accumulate to the point where the description of what is troubling them becomes rather indefinite, and is not made clear. They can no longer cite a specific example or a specific course of discussion that we have gone through, rather it's the kind of vague generalization "I'm not sure where you're going" or "I'm not sure I can put together the mass of material we've covered in some kind of coge-nt and "organized form." Unfortunately this usually comes at a point during the semester, long.after this process of organizing and synthesizing the materials shouldhave begun. I think that in large part this misconception is based upon the initial expectations about learning the "law." The notion 1 know I had was that the law was made up of this structured body of rules, that once you've absorbed the definition of those rules, you're going to have it, and will then be able to handle the series of cases that you'll eventually encounter in practice. In reality of course it turns out to be a much more open-ended learning process; indeed, ambiguity may be the first-year student's strongest indication that he is learning the "law." What you're really going to have to be able to do is to learn to be comfortable in working through the systematic thought processes that give rise to this kind of ambiguity, as a natural by-product of the development of the ability to see issues emerge from the factual pattern of a case, how a court or a legislature elevates certain of those facts as the eventual basis for its rule of law, and most important the ability to re-recognize the same significant factors no matter in - Brewster (cont'd.) page what new guise they present themselves. O: There has been some criticism of your form of examination. Both times you've taught Criminal Law, you'vegiven take-home finals. And evidently in both semesters the students have had a lot of trouble and have ended up turning in very long and involved finals, and they find this to be somewhat ofa burden on them?. H: Is theburden because they feel they have to write a lot, or is it because it's over longerperiod of time? a O: Speaking personally, I thjnk the burden lies in having to write so muchand in terms of having to do so much work for a final exam when the other exams are only three hours in length. And especially for a first-year student, one does not expect an exam that is also a paper. I think there's been a lot of dissatisfaction with the form of examination. Do you have reasons for continuing that? H: I have a number of reasons. First, I think that in comparison to the setting for your task as a lawyer, the three- or four-hour in-class examination is more "artificial" than the take-home exam setting. 1 feel that emotionally, for example, students should have the opportunityearly to throw down the exam question in disgust, curse me, or later to throw down the exam answer, curse me and themselves, and then continue to write a good paper. The second reason is that my exams don't necessitate the amount of writing that the students in many cases seem to be doing. What's important and the reason that the questions are so broadly structured in terms of the amount of facts that you're given and have to deal with, is that people spend a considerable amount of the two or three day period (during which the exam is written) organizing the material. The degree of time^pentthinking' about the question, narrowing the most serious issues raised by the question given the factual narrative, greatly reduces the amount of writing a student will feel he has to do. I think this is more true in the case of my second criminal law exam where I asked only two questions. While both were broad in scope, I asked two such broad questions and a more limited question on my first exam. Broad questions, of course, are broad in the sense of trying to raise a good deal of the material that was covered during the semester. This year though, I even tried to word the questions in such a way that people would recognize that the important thing in beginning to prepare a competent answer here was not to immediately start to write an answer to every possible issue that could be raised. Rather, to spend considerable time thinking, after you saw the possible issues, organizing the alternative possibilities and then eliminating some of those possibilities in your mind, and then when you wrote the answer, simply in one sentence you could state why you eliminated those possibilities. This required a great deal of organization before beginning to write, and the first question this year was even worded in terms of "play the role of the district attorney and organize this particular case for me." Thusmy emphasis on organization dictates that people be given adequate time to think without having to think that every second time is traumatic period of the first semester freshman's career? H: My answer to that is that from the perspective of the*student, this estimation of what happens when this kind of exam is given is understandable. It seems however, that if this is the consensus of student opinion, it is a function of a first law school exam hysteria, that I do not care to weight it highly in structuring my exam. running out. The anxiety maybe real, but the extended O: It seems to me that what you're time period is designed to reduce its actual doing is not only testing theassimilation of impact on the writing of the exam. Besides, the body of law which you have been I am not sure that I am willing to give up teaching, but also theassimilation of legal the other types of skills that students can method which has not been overtly taught demonstrate on my exams, thinking about and which the student has not gotten in the question of the degree thathe has some another course, in an overt fashion either. type of not just issue-recognition,but he H: That's right, but the principle lesson knows how to take the criminal law and to be learned in first year courses I believe apply it to the issues in such a way that he is that understanding and appreciating the screens out certain crimes, demonstrates legal method is inseparable from and in skills that are, I think, much closer to factis one within understanding the "law." reality in terms of the types of things he Furthermore, in contrast to my first year, I wouldhave to do as a lawyer. would not be as willing to agree with you O: Might you see any possibilities in that my criminal law class was not overtly terms ofanotheralternative? exposed to "method." This year at the H: That's one of the things that you onset of the second half of the semester I don't get in this school, as far as feedback from the students as to what they thought was most onerous about a particular exam or a particular exam format. You might have a few people after the exam is over come and say, I think that this was distributed. That model answer talked a tremendously burdensome in terms of the great deal about methodology in terms of three day exam format,but you don't have organization and in terms of the types of the opportunity to talk with students as a ways that you have to approach the group about the very specific things that answering of a -question. The issue about were bothering them about the exam, whether you can accept all statements because although I have heard from 6 or 7 contained in the exam narrative and the people about the problem of writing a lot, description of "what happened" given to but that is something that could be you by your client, as being "given facts," handled if they had understood from the that you have, in other words the whole beginning that their perception of how question about reading the facts and much they had to write might be understanding,them,,ln the same content, ,„ inaccurate. Again if more specific details of that answer talkedabout concentrating on the types of problems students viewing the facts from the perspective encountered in writing this kind of exam provided by the issues that the qUesti6ri' were more available to me, a revision to '<\. raises. meet the consensus hardship might be undertaken. Otherwise, I think, for O: And you think that these sample purposes of my criminal law course, that problems and answers gave the students a the students be best examinedby using this better opportunity to understand the kinds test format. I am not opposed, however, to ofmethods that they weregoing to have to trying a technique employed by some of my colleagues. The exam can be divided apply in the final exam? H: Yes, I think so. I think that one of into take-home and in-class components, if the things that was emphasized strongly the next class of students expresses a was the whole need not to just throw strong preference for the in-class or mixed things back at me, but to take some time format. O: What about the possibility of a thinking rather than writing, getting a real feel for what seems to be the crucial issues mid-term or some kind of a take-home for both sides in the case, developing the paper during the course of the semester? H: I'm not in favor of using a midterm best arguments both sides could make in trying to have these resolved in their favor. for the first semester freshmen as an exam counts for any kind of credit toward giving yourself rent an that you O: A awful lot of work in having to correct thatkind the final grade. The reason being that I do ofan exam, andaren 't you overloading the feel the students are justified in learning students in forcing them to do this in an what the professor is "looking for," what examination period which is certainly a he expects from them, before they are traumatic period, and possibly the most asked to write an exam for credit purposes. began to hand out a series of problems, dealing with each chapter of criminal law, and having people, when they chose, to submit an answer to them. I provided a model .answer for the first problem that I ' In the middle industrial world, especially in an the risk of testing new institution which wants its hypotheses, then it cannot be held teachers to be engaged in pushing to a time-table which demands using the savings we thought we lower than the earnings of other forward the frontiers of learning. proof of pay-out to satisfy some might gain by abandoning tenure. professional callings. So, the use This lies in the fact that review committee. I think that even with their So, the argument for thepurposes of job security as bait to persuade contributions to human of this discussion has to be made people to take a vow of know ledge and understanding privileges and immunities our significant academic communities are often not poverty" something "academic is a which add on the grounds that Yale is a better educational and scholarly sufficient argument. (It still has to what had gone before involve a too timid in their explorations. a very The fear of failure in the eyes of place because it gives its professors persuasive merits, however, for very high risk and intellectual investment. the peerage inhibites some of our lifetime appointments. I would those institutions which pay long-termtrue especially of those colleagues, even when they do assert that this wouldbe so even if substandard salaries. Such This is institutions are the proper whose life is more devoted to have tenure. Too many seek the our competitors did not do so. thought, experimentation, and safe road of detailed elaboration The job security argument concern of not only the AAUP writing thanit is to practice. of accepted truth rather than the arose when university faculty but should be the concern of a If teaching is to be more than riskier*paths of true exploration, were grossly underpaid in society which has an enormous and if which might defy conventional comparison with other stake in attracting a sufficient theretailing of the known, is to seek real assumptions. Boldness would professional callings. They were number of people into careers research breakthoughs in the explanations suffc r if the research and even more disadvantaged when devoted to the higher education cosmos, then scholarship of a mature faculty compared with the marts of trade of the young and the of man and the be scholars, and were to be subject to periodic and finance. This is still true, advancement of knowledge and teachers must scholarship must be more than the scorekeeping, on pain ofdismissal especially at both ends of the understanding.) not score very well. The rationale of academic refinement of the inherited store if they did ladder: the bottom rungs of If scholarship is to Then what shouldbe a venture in starting salaries, and the higher tenure, however, is somewhat of knowledge. would fbf' 'dWcbVery -WMiW * ttssiiihptibnS I»nd Wtititir'' rungs oT I6y 'Mdnage^WnT 'different from job'security in the' ■cju'estibn' compensation. -continued from 2 range, however, academic salaries terms of specially high salaries, at a place like Yaleare not grossly ' ' ' * .... . In Next Issue: summer session schedule return of the cryptogram Amtowaga Summer Institute in Clinical Legal Education more on tenure AND an exclusive report on the loungeRisk-tourney almost everyone degenerateinto a safe-sided devotion to riskless footnote gathering. Au thentication would replace discovery as the goal. The results might not startle the world, but they would be impressive in quantitative terms and invulnerable to devastating attack. Purely economic connotations of "job security" greatly understate the distinctive aspect ■*' -cbh!inue<J<m page S �Brewster February 22, THE OPINION 6 (cont'd.) under siege from taxpayers, politicians, or even occasional alumni is a vivid but not the most difficult aspect of the pressures which tend to erode academic freedom. The more subtle condition of academic freedom is thai faculty members, once they have proved their potential during a period of junior probation, should not feel beholden to anyone, especially Department Chairmen, Deans, Provosts, or Presidents, for favor, let alone for survival. In David Riesman's phrase teachers and scholars should, insofar as possible, be truly "innerdirected" guided by their own intellectual curiosity, insight, and conscience. In the development of'their ideas they should not be looking over their shoulders either in hope of favor or in fear of disfavor from anyone other than the judgment of an informed and critical university -continued from page 5 of the academic calling. At its best the university expects a person to make a lifetime investment in his special way of looking at the human and natural experience, in the hope that he will contribute something of permanence to the understanding of some corner of the universe. The second, and most highly touted, rationale for tenure is academic freedom. This concern, traditionally, has focused on the privilege of immunity from 'outside" interference. Within memory of those still active, "McCarihyism" is the most telling I iterally ' nightmare. Of course there are corrupting influences, financial, institutional, and professional. By and large, however, of all the types of institutions which gather people together in a common effort, the university remains the least inhibiting to variety in ideas, convictions, styles and tastes. It encourages its members to pursue doggedly any idea in which they have confidence. Progress in the world of thought depends on people having enough freedom and serenity to take the risk of being wrong. This struggle to preserve the integrity of the institution and the freedom of its faculty members from external coercion is never over. However, despite the winds of controversy inherent in a troubled lime, whetted occasionally by demagogic desire to make academia the scapegoat for society's ills, the ability of a strong university to give its - posterity. In strong universities, assuring freedom from intellectual conformity coerced within the institution is even more of a concern than is the protection of freedom from external interference. This spirit of academic freedom within the university has a value which goes beyond protecting theindividual's broad scope of thought and inquiry. It bears crucially upon the distinctive quality of the university as a community. If a university is alive and productive it is a place where colleagues are in constant dispute; defending their latest intellectual enthusiasm, attacking the contrary views of others. From this trial by intellectual combat faculty convincing protection emerges a sharper insight, later to against such threats will depend be blunled by other, sharper more on the steadfastness' of the vmirids. It is vital that this contest institution as a whole than it will be uninhibited by fear of reprisal. on tenure. Sides must be taken only on the The dramatic image of the basis of the merits of a . proposition. Jockeying for favor by trimming the argument because some colleague or some group will have the power of academic life or death in some later process of review would falsify and subvert the whole exercise. I have not been able to devise, nor have I heard of, any regime of periodic review with the sanction of dismissal whichwould not have disastrous effect. It would both dampen the willingness to take long-term intellectual risks and inhibit if not corrupt the freeand spirited exchanges upon which the vitality of a community of scholars depends. This, not the aberrational external interference, is the threat to the freedom of the academic community which tenure seeks to mitigate. Also, 1 do not think the costs of tenure are very high for a first-rate university. Those who gain tenure at Yale do not rest in happy security on their professional laurels. Ind"*1 in my relatively brief experience, almost without exception it is the elders who are productive up to and well beyond retirement. They are the ones affected with the migraine headaches and other forms of psychosomatic traumas, lest their life should ebb away without the completion of their great work. As a practical matter of personnel policy, the very fact that the professional promotion is a lifetime commitment of university resources makes the de pa r t mc ntal and committee process of promotion to tenure much more rigorous and hard-headed than it otherwise would be. If there were a confident feeling that mistakes in judgment could be rectified by some later review process we would all go soft and give colleagues of whom we are' personally fond an excessive The Smoking Car Following are two lists, the first of professors here who do not allow smoking in their classes, the second who do. The lists are based upon information and belief for classes, not seminars. Profs, not listed were out of town or could not be contacted by telephone. No-Smoking Smoking Laufer Mugel Homberger Girth Holley Gordon Del Cotto Rickert Davidson Buergenthal Lochner Hyman Joyce Greiner Kelley Kochery Fleming Manak Mann Schwartz, H. Reis benefit of all doubt. Realization that the commitment is for keeps helps to hold the standards high. So, I would venture that whatever gains might be made by reserving the right to a second guess would be more than offset by the laxity which would come to soften the first guess. In short, we would not have as good a senior faculty as we now do, If tenure were not the consequence of promotion to senior rank. Such a pragmatic calculation, however, is nothing compared to the value to the university of trying to maintain the ideal of the independence of the individual in his own intellectual pursuit. When 1 assumed my office I said that: there is a common ethic which draws some men to a university in preference to any of the many other groups which are now publicly and privately organize^ to discover as well as .. apply often, The ABA's committee established to study the feasibility of reviewing the moral, character and fitness of entering law studentshas recommended that: Law schools apprise applicants of character requirements for admission to thebar; States be urged to require pre-registration foradmission to the bar; The ABA encourage research studies to determine whether character traits can be usefully tested prior to admission to the bar; The National Conference of Bar Examiners be urged to develop a uniform character questionnaire for first-year law students, to be used by bar admission authorities; and that all approved law schools cooperate with bar admission authorities by making certain information about students available to admission authorities. from NEW YORK STATE LAW DIGEST, Jan. '73 The Appellate Division has held that, while NOW (National Organization for Women) had standing to ask for judicial review of a State Division of Human Rights decision allowing newspapers to publish advertisements concerning employment opportunities under classifications indicating whether the opportunities were for males or females, the applicable statute, sec. 296 (I) (d) of the Executive Law applies onjy to employers and employment agencies, and that newspaper's are not mind upon whatever seems to him most intriguingand exciting; not to be directed by what some client or customer may request, or by what some absentee bureaucrat is willing to support. In the light of intervening reflection, I would now add that this "common ethic" also requires broad protection from administrators and the colleagues within the community, no more and no less than from the "absentee bureaucrats'1 in Washington to whom I was referring. Tenure, then, is not a luxurious indulgence, Even in times when scarcity of resources threatens the existence of whole departments, I would affirm that our mission requires Yale to give that measure of encouragement and by Kay Latona included within the term "employment from VIRGINIA LAW WEEKLY, agency." It also held that the newspapers 11/17/72 Five black Virginians, who failed the were not guilty of aiding and abetting an unlawful discriminatory act by so 1972 state bar examination, including two publishing their classified ads. (National graduates of the UVA Law School, have Organization for Women v. Gannei C0.... filed suit in a federal district court alleging A.D. 2d..:, N.Y.S. 2d ... Dept., racial discrimination by the bar examiners. 11/30/72). The complaint alleges that Bar Examiners are engaged in a "policy and practice" of discriminating against Blacks in that the from THE COLUMBIA LAW SCHOOL "standards, procedures, and administration NEWS, Nov. 20/72 of the bar examination ... unlawfully The agreement between Columbia favor white persons and exclude,limit, and University and the Dept. of Health, otherwise discourage" black persons. They Education and Welfare on hiring women point out that over 70 percent of the white and minorities leaves the Law School at examinees passed in June 1972, while Columbia essentially unaffected. It requires approximately twenty per cent of the that the Law School hire only one black examinees passed. additional woman and no minority The complaint alleges that the members by 1977. (This does not foreclose subjective nature of the examination, the the possibility that Title VII, 42 U.S.C. sec. requirement of a photograph of the 200O(e), might require a substantial applicant which gives the examiners "the increase in those figures, if the Law School capability to instantly identify an applicant's race or color," and the failure is ever challenged in court.) The HEW guidelines conform the to provide formal review for unsuccessful minority faculty and to app licanIs provide the means for the number of women the percentages of thosegroups in the pool examiners to discriminate on the basis of race. of all 1969-70 national law graduates. Hol dings in recent employment conformity that the be from THE TEXAS LAW FORUM, Univ. of litigation suggests not to national percentages, but to pool Texas Law School, 10/2/72 Two sophomore law students have percentages from the immediate area from which persons are hired. (E.g., Contractors prepared and submitted a memorandum Ass'n of Eastern Pennsylvania v. Secretary questioning the constitutionality of the Law, the of Labor1, 442 F.2d 159 [3d Cir. 1971].) Declaration of Intent to Study The Columbia LWSchool faculty of signing of which is required by the.Texas forty-six full-time rrtarnbers presently has Board of Law Examiners of entering. 'freshmen at the University of Texas Law one woman and one minority1 member. ' ' foregone in order to be able to spend one's time and energy and independence which only knowledge. Affluence irrevocable appointment can prestige sometimes, is confer. Notes from Elsewhere from AMERICAN BAR NEWS, Jan. '73 1973 School. The two sections being questioned are section 8, whichasks the applicant whether he is now or ever has been a "communist" or a member of a "Communist Front Organization," and section 15 in which the applicant "agrees" to allow the Committee on Bar Candidates to keep secret the source or nature of any information which it may consider to disqualify the applicant. The two students made it clear when they submitted the memo that suit would be filed this fall if some action were not forthcoming. The Board decided to reword section 8 to conform toguidelines recently handed down by the Supreme Court in Law Students Civil Rights Reserach Council v. Wadmond, and to drop the no disclosureclause from section 15. However, the formshanded out to this fall's entering freshmen contained the old wording, and it is unclear from the new wording whether the applicant would be allowed to confront his accusers even though he no longer need promise to forego this right. Also, apparently, section 8 seems still to discriminate against certain political beliefs. One of the two students remarked, "|P| olitical beliefs have nothing to do with whether or not you will be an honest attorney. The Declaration of Intent enables the Board to discriminate against minorities and anti-establishment elements. The Bar should change its emphasis and attempt to police members who have coxpmitted unethical acts', 'and not applicants'whose politics are unorthodox;'' ; �February 22, 1973 THE OPINION FACE SMOKERS MORE SEGREGATION permitted in several states and cities. The carbon monoxide level may also exceed the "threshold limit value," an occupational standard for a 40-hour week now in effect for U.S. industry, Steinfeld says. While Steinfeld acknowledges that long-term research necessary to establish whether exposure to tobacco smoke causes serious illness in non-smokers has not yet ibeen done, he says the 1972 report i1s "ample proof" that "those who complain of discomfort in reprinted from National Observer smoke-filled rooms are not with permission disagreeable malcontents, but have by Barbara J.Katz legitimate cause for complaint.'1 Since the publication of the members While some fumed, 1972 report, Steinfeld says, and their cigarettes did the same, non-smokers have scored gains in the American College of Chest several areas. More airlines are now Physicians recently struck a blow providing separate seating for for the non-smoker: For the five smokers and non-smokers. A days of its 38th annual convention number of hospitals around the in Denver, the organization of country have begun to restrict physicians and surgeons where smoking is permitted, some specializing in heart and lung doctors have banished smoking diseases ordered delegates who from their waiting rooms. smoked to sit in a segregated area. Legislation aimed at restricting The college's action is part of a smoking in public places has been growing effort begin undertaken introduced in several states and in by physicians, government Congress. The U.S. Department of agencies,1 transportation systems, Health,Educationand Welfare has and citizen groups to promote the prohibited smoking in its rights of the non-smoker. Giving conference rooms and auditoriums rise.to the effort is evidence that and established no-smoking areas the non-smoker's health may be in its cafeteriasand dining rooms. damaged by breathing someone else'stobaccosmoke. CranksNo Longer Many non-smokers have known The surgeon general's report that tobacco smoke causes them also served as a boon to d'iscomfort.1 But evidence non-smoker groups. s vb st a nt ia t ing this subjective "We used to be branded cranks feeling, and suggesting that or neurotics," says Clara Gouin, actually harmful, tobacco smoke is founder of Group Against was brought together for the first Smokers' Pollution (GASP). "But time in the 1972 report of theU.S. now we've got the hard facts to surgeon general, "The show thatit's not just a question of Consequences ofSmoking." crankiness: Our health is involved The report cites more than 100 when peoplearound us smoke." studies done in the country and GASP,headquartered in College abroad, mostly in the late 1960's Park, Md,. has established chapters and early 19705, as evidencethat on the West Coast and in smoking is harmful to Rochester, N.Y. in the last year. non-smokers. Among the major Not quite two years old, it began findings of thesestudies: with only a dozen members, Tobacco smoke may exert an mostly friends of Mrs. Gouin. Its adverse effect on the disease mailing list now numbers in the protective mechanisms of the thousands and its newsletter, the immunological system in man and Ventilatoris sent to all50 states. animals. Simple Aims Tobacco smoke exerts complex pharmacologic, Irritative, and GASP's aims are simple; to allergic effects such as eye publicize the rights of the irritaions, nasal symptoms, non-smoker and to turn public headaches and coughing on opinion against the social acceptability of smoking. non-smokersas well as smokers. exacerbate Non-smokers have the numbers, Tobaccosmoke may symptoms in non-smokers who are Mrs. Gouin notes, since only about suffering from allergies of diverse one-third of American adults smoke. But for years, she says, causes. As a source ofcarbonmonoxide, non-smokers have suffered in tob acco smoke in a poorly sile nee because smoking was ventilated room can be dangerous considered socially acceptable and to persons suffering from heart even desirable. disease or respiratory diseasessuch Now, though, she says, as chronic bronchitis and "non-smokers are realizing that emphysema. their right to brealhe clean air is Exposure to high levels of superior to the privilegeof another carbon monoxide in smoke-filled person to enjoy a harmful habit." rooms may impair work For smoke-plagued performance and affect auditory nonsmokers, GASP's advice is acuity, simple: visual and Be vocal in speaking out discrimination, the ability to distinguish relative against smoking. At home, throw brightness. out all ashtrays and explain to visitors that their pipes, cigars, and Carbon Monoxide Levels Dr. Jesse L. Steinfeld, U.S. cigarettes are no longer welcome. tell smokers surgeon general, says that several Outside the home, studiescited in hisreport show that when their smoking causes ihe level of carbon monoxide discomfort. "The smoker's usual argument attained in rooms with a high has a right to smoke," concentration of tobacco smoke is that heGouin. "We reply we Have sometimes exceeds the legal limits says Mrs. for in.i '.mmm air pollution a right to breathe*, — - , 7 Sports Huddle by Douglas C. Roberts in the Super Bowl?" "Why," Davidson implored, "must little girls direct their pursuits exclusively to the mixing bowl?" With, his voice cracked by emotion, Davidson sat down to the resounding and the law. Gathered in the luxuriant confines of cheers of the female panel members. Room P-l were legal scholars and sports officials As sunlight tiptoed its way out toward Lake from throughout the country. Dean William Prosser Erie, the drowsy-eyed panel of sports celebrities and served as seminar chairman. In his keynote address, legal giants tackled head-on the controversial topic Prosser stated that the conclave's purpose was to of euthanasia, and with it the manifold moral and. begin an exhaustive search into the impact of sport legal questionspresented thereby. on our traditional system of jurisprudence. "After Of contemporary interest, the panel directed its all," Prosser related, "few people are aware that the attention to the Philadelphia '76ers and the New epic Dartmough College case really stemmed from York Islanders. Should these two woebegottens be the illegal termination of the head football coach's mercifully relieved of their worldly wretchedness? contract." The vexing inquiry threatened to tear the conference Before being led away, Dean Prosser tinned the apart at the seams. proceedings over to Derek Sanderson, professional A resolution to this sticky problem was offered hockey's Christine Jorgenson. JumpingDerek led the by Bill Rehnquist, the recognized expert in group into a heated debate on the subject of the sleep-provoking decision writing. Introducing himself moral aspects of contract breaking by professional with a deep-throated yawn, Rehnquist solemnly athletes. Derek, exhibiting the tight-knit logic cautioned that to give legal sanctions to post-fetal uniquely possessed by Bth-grade dropouts bluntly killing could only lead toa furtheranceof disrespect expounded, "contracts is made to be broke." : for the principals of democracy, clearing the way At this point, Professor Willitson, through a still further for the cancerous spread of monolithic medium, sharply responded to Mr. Sanderson's communism. position. Citing Philadelphia Ball Club v. Lajoie, 202 On the other end of the spectrum stood Charlie Pa. 210, 51 A. 973 (1902), Willitson contended that Colbert, chief spokesman and right-hand man for the services of a professional athlete are of such a Red Schwartz, the eminent Dean of the UB Law unique character, and display such a special School. Not one to dawdle with platitudinous knowledge, skill and ability as to render them of a openingremarks, Charliegot right down to the nitty peculiar value to the ball club, and so difficult for gritty. He likened UB Law to a professional sports substitution, that their loss will produce irreparable club. "At our institution," Charlie intoned, "we injury, in the legal significance of that term, to the demand results. We follow our motto, Shapus upus ball club. Nothing short of an equitable remedy of et shipus outus(Latin), with no exceptions." injunction should be allowed the ball club when a Responding to questions from the floor critical player breacheshis contract, claimedWillitson. of this harsh and impervious policy, Charlieoffered Tabling this difficult issue, the conference next his attackers this logical explanation. "When a delved into the intriguing subject of women's student puts us to sleep once too often with an participation in inter-collegiate sports. Al Snyder, incompetent exam, we merely return the favor by coach emeritus of the famous Shyster football teams i putting him to sleep." "In so doing," Charlie of the early '70's, stirred frenzy into the group of explained, "we're merely following the oldest dignitaries by muttering under his breath for all toi principle of the Common Law, that of an eye for an hear, "if you start to allow broads on the athletic : eye ..." fields, there won't be enough of 'em left to bei Without a resolution to any of these mind-throbbing problems, thebell rang signalling the cheerleaders." Not contesting Snyder's faultless logic, the end of this momentous conclave. Those in the Honorable Kenneth Davidson of the University of audience, walked away with a sentience rarely felt in Buffalo Law School implored the audience to look the innards of human beings. Asked to describe his at the human side of the issue. "Shouldn't young feelings, Otto Matsch, covering the event for the girls be afforded the opportunity, presently "National Lampoon," told this reporter, "Wow, possessed only by their brothers, of someday playing man, this was the biggest groove since Woodstock." The Prudential Building was the site of the first national seminar on contemporary sports problems ' Hoopers Meet; Necks Get Craned jump shot, to make the score 16-14, the Bruins reeled off 8 straight points to put the game virtually ofreach. Part of the reason for the close halftime score points Thursday night to lead the law schoolBruins a result of an effective man-to-man defense. victory decisive basketball their intraschool was to a over rivals Stare Decisis 37-25 in one of thelast games of Near the end of the firsthalf, the Bruin's Coach Alan the intramural athletic season at Sweethome High Mescal went into his more familiar zone defense, limiting Stare Decisis* to 13 points in the second half School. Taylor, who saw little playing time last year as while breaking the game open with a blistering fast Wilt Chamberlain's back-up displayed a deadly break. Asked if Bruin fans can expect more fast shooting touch from the baseline while hitting on breaking during remainder of the season. Mescal 52% of his shots. As a team, the Bruins shot an even 40 percent replied, "If we can get the ball off the backboard, with three players hitting in high figures. Center we're gonna go." Nothing more need be saidabout the dynamic Mike Rothschild scored 8 while his backup J.J. Bruin squad. But honorable mention must be given Freeman added 7, "I'd like to forget about this year," Captain Paul to Stare Decisis' Steve Licht, MartinLittlefield, Lou Litwak of the toddling Stare Decisis team said Harmeski, and Paul McCarthy each of whom following the game. "I hate losing." At the half the played a sensational floor game. Glen Lefebvre arose Bruins led by only three, with the score 15-12. But from his sick-bed suffering from the fluand did an after Stare Decisis' Joe Gerkin scored on a fallaway impressive jobdribbling and shooting from his knees. by Skip Hunter Junior forward, Larry Taylor poured in 10 out .. Tender Loin the Main Place Mall where the food is as varied as the view. The Sandwich Shop upstairs is nojjhe best, but if you ordered something hot, it generally is. The specialties are off the grill, and tend to be a little greasy.There is also a downstairs stand, that makes no pretense of being anything else but a hot-dog and -continued from page 8 hamburger pit. At the other end of the mall is SchrafiVs Hamburger Chalet, upstairs and down, where the only difference is the price. Upstairs, of course, is more expensive, and even downstairsis a tittle expensive for hamburgers, but the service is gooji ami the atmosphere more relaxing. When you get dressed up for a job interview or some other non-scholastic endeavor, and put oh a suit, pantsuit, skirt or bra (choose from the above), you might want to take a slight step up in price as well as quality and atmosphere ,and try Jack's Cellar 110Pearl or theDeli, located in thebasement of the $tatler. ■ '■";' V A "* ■' '" ■■ at '■ '' • �February 22, 1973 THE OPINION 8 BulETiNBoARd LALUMNI INE CLASSIFIED AD ACLU To join with 180,000 other Americans in the Blacksmith Shop, 1375 Delaware, Jazz by Thermopylae (described by ethnomusicologist Bill defense of liberty through an ACLU membership,, by Earl Carrel Civil Liberties Union, to The Law School Alumni Association'sannual dinner and awards Tallmadge as "Electric Art-Music"). Organic food send your check American 22 East 40th Street, New York, New York 10016. presentation will be held Friday evening March 9, 1973,in the Buffalo and/or methyl alcohols. $15 Basic; $25 Basic Joint Membership Categories: Athletic Club. Three distinguished alumni will be presented awards for ARESTPOJNKMCES ANISIUS Membership; $50 Sustaining; $100 and up distinguished service. The awards will be given to retired City Court Sponsoring; $1,000 and up Life; $5 Limited Income. Judge Frank J. Luchowski, '37, the late Samuel C. Battaglia, '27, and COLLEGE vice president of theNew York Members receive the newsletter, Civil Liberties, and James Reston, ClarenceR. Runnals, '15. Times and nationally syndicated editorial page choice of other ACLU publications. In addition to the awards, diplomas will be presented to 15 columnist, has accepted an invitation from Canisius February graduates of the Law School, who will be guests of the College to speak at the Fitzpatrick Chair of Political SPEAKER'S HOUR Bilder, of the University of Association at the dinner. Professor Richard B. Science Lecture. held March 1 in the Wisconsin Law School, will speak Thursday, program The be * * * * will Abram Pugash, '41, ofSynder, diedFebruary 13,1973. 22, at 1 p.m.! Room 110. The topic will be Canisius College Student Center Auditorium on February � Hughes Avenue, Buffalo, beginning at 8:00 p.m. The the Icelandic Fisheries Case. Sponsors are Mitchell * '52, of* Buffalo, George E. Bingenheimer, Distinguished Visitors Forum and the died January 26, 1973. Series, Lecture public is invited to hear the Fitzpatrick Lecture at � # � International Law Club. charge. * no Hon. Frank R. Bayger, *55, Erie County Court Judge, has been SUMMER IN FRANCE elected to the Executive Committee of the NYSBA Criminal Justice CONCERT All those interested in this summer's course at Section. JudgeBayger will serve a one-year term as therepresentative Radio will the International Institute of Human Rights in Niagara University and WKBW of the Eighth Judicial District. He is also Chairman of the section's present the Guess Who and Messiah in concert Strasbourg, France, please leave your name and sub-committee oncourt reform. Sunday, February 25, at 8 p.m. in the gym on the address with Shirley. Niagara University Campus. Tickets are $4.50 * * * * Eugene W. Salisbury, '60, of Blasdell, is the new president of the (general admission) arid are available at Buffalo BELGIAN EXCHANGE New York State Association ofMagistrates. All those interested in participating in Belgium Festival Tickets, U.B. Norton Union, Buffalo State Ticket Office, D'Amico's in Niagara Falls and at Exchange Program, with the University of Brussels, * * # James P. Manak, '64, assistant professor at the Law School has Niagara University. please fill out survey available at Shirley's office. been appointed a Reporter for the newly formed Minimum Standards for Juvenile Justice Project of the American Bar Association and the STUDENTS invest in life insurance Institute ofJudicial Administration. now while your premium rate is low! * * # * MFw Ernest J. Norman, '70, dropped us a line from Washington, D.C. where he is working in the General Counsel's Office of the%Small Business Administration. Before going with the SBA, he was with the New York Life Insurance Company Interstate Commerce Commission. Life, Health and Group Insurance Annuities Pension Plans no an are are on on College Hughes public present (general Niagara Sunday, columnist, charge. Niagara Office, Avenue, University. Tickets, February University admission) program College speak Reston, nationally University accepted Buffalo, 25, Campus. Fitzpatrick president syndicated beginning p.m. Fitzpatrick Niagara Union, gym p.m. $4.50 page Science Festival Ticket COLLEGE Canisius CONCERT Times JAMES The James is and to Lecture. the invited RESTON has Guess D'Amico's at to U.B. Student will the vice hear Who TO and Norton at be SPEAK the and 8 and in Center invitation held available WKBW Tickets Messiah in AT of March at Chair Auditorium the editorial the 8:00 from Buffalo CANISIUS Falls Radio at ofPolitical in New Lecture 1 Canisius concert Buffalo in and State York The will the at , • * -Levi Tender Loin Gastronomical and Other Delights catering to the lunch crowd. J.P. MacMichael Service is good. If you walk down to 145 It seems that it is not only de Franklin, you will come to Ace's rigueur to knock the Buffalo Steak Pit which has a long circular weather, but also just about bar and a good sirloin sandwich everything else connected with (hamburger). The service is a little the city, especially its downtown tight during lunch hour, though. Going the other way, the next area. But upon more than a cursory inspection, one will find a closest place would be the UN relatively inexpensive way to feed Restaurant (please do not call it one's stomach (it's a little too the un-restaurant). It is much to expect to be able to feed inconspidfipusly located in the your head given one hour between basement of Prudential. One your seminar in Sewer Correction should differentiate between the and your Advanced Clinic on the sandwich counter across from the Socio-economic Effects of Life restrooms in the basementand the after Birth). main dining area. In the main This article is presented as an area, it seems that the waitresses alternative to brown-bagging your are very perceptive for they lunch or subjecting yourself to the recognize law students and are mercy of the Three Coin token extremely considerate in not time bomb special of the day. The wanting abruptly to bring us back weather will probably determine to the real world between classes. how far you want to trudge so I'll This trait carries over even after start with the closest place, the food is ready, for they apparently feel that we seek no Dußoist Almost everyone has at least earthly delights and do not mind heard of Dußois and at least that our sustenance is many knows where it is. The main degrees cooler than edible. entrance is around the corner If the winds have subsided from Eagle, and should not be below 30 m.pji.'you might want confused with the BAC which is to venture to possibly one of the around the other cornet from best, cheapest places downtown Eagle. Art will gladly give you Hughes Coffee Shop. Located on directions, and if you do not Main Street across from the know who Art is you weren't Ellicott Square Building, with a listening very well at Freshman side entrance facing Cathedral orientation. Also, for thoseof you Park, Hughes specializes in who have been wondering what takeout as well as a cram 'em in those law students have been on a stool service, but the foodis doing in the alley behind Eagle, great and the prices are better. allay your fears, for that is the There is a special every day, back entrance to Dußois. The together with a changing sandwich specialty is Budweiser, and they menu. During peak lunch hours, also serve Italian dishes, with a you fight for service and a stool better thanaverage fish fry special with downtown businessmen on Friday. Everyday there is a (take note libbers, I mentioned special, which means they knock a men first) and young secretaries couple of dimes off the normal dashing in for a quick one. Speaking of downtown price of one of theirdishes. Their and young sandwiches are on par with most businessmen secretaries, it is a short walk to primarily restaurants downtown -continued on page 7 , - . . .. Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Bus. 852-3446 Res. 832-7886 Turn of the Screw by lan DeWaal This is the premiere column of "Turn of the Screw.'1 The column, appearing in each issue of the Opinion will focus on the 11th floor of the Prudential Building and will report events and dates concerning the administrative functioning of the Law School. As a mouthpiece for the administration, "Turn of the Screw" will hopefully ease the no^w congested flow of information between students and administration and give its readers new insights into the functioning of the LawSchool hierarchy. Lan DeWaal has replaced John Dick as Student Assistant to Marjorie Mix, Assistant Dean of the Law School. Mr. DeWaal will provide counseling for financial aid and other student affairs matters. His office hours will be Wednesday, 9:00 to 11:00 and Thursday, 11:00 to 2:30 in the Assistant Dean's office on the 11th floor of the Prudential Building. If these times are inconvenient, leave a message at thePrudential Building or at 838-4576 anytime. All students whohave not done so should pick up their student schedule card to affirm that they are properly registered for Iheir Spring Semester courses. Cards can be picked up in the Registrar's office on the 11thfloor of the Prudential building. Students whose names do not appear on the class lists at the end of the semester may encounter difficulty in obtaining permission to take the final examinations. Students are permitted to drop courses on April 16, 1973. In order to drop a course, a computer form must be completed in the Registrar's office. Students should note that participants in the three yearprogram must be registered for at least 12credit hours per semester while those in the four year program must maintain a 9 credit hour schedule per semester. Additional information can be obtained from CharlesWallin, Registrar. The deadline for submission of "Form UB" to the Financial Aid office for assistance during the 73-74 school year is March Ist. The deadline for filing the "College Scholarship Service Student's Financial Statement and Parent's ■ Financial Statement" was February Ist. Bolh forms must be filed in a timely fashion if an applicant is to receive consideration for financialaid for next year. Independent and married students note: the University-wide "Committee on Financial Aid to Students" has approved a new regulation1 for independent and married students. Hereafter, independent and married students will be assumed capable of contributing a -minimum of $750.00 toward their own support. Clarification of the effect this will have on financialaid awards can be obtained by calling Claire Cosgrove in the Financial Aids Office, 831-3724. Students who are now contemplating changing their residence for next year should begin looking early. The Off-Campus Housing office on the main floor of Goodyear Hall at the main campus posts daily lists of available apartments, rooms and houses in the Buffalo area. The administration is currently negotiating for space in the new residence facilities that will become available on the Amherst Campus next fall. Further information will be available in the near future. * ** The official dates for Spring Recess are March 19 through March 24. Any students who* *will* be applying for New York Higher Education Assistance Corporation (NYHEAC) loansafter March Ist should note that a supplemental form must be submitted with the application. These forms may be obtained from Jean Consiglio on the 11th floor of the Prudential Building. ** * In order to familiarize students with the committee structure of the Law School, "Coffee with a committee" hours will begin in the near future. Students will have the opportunity to query committee members on their responsibilities and the areas of the committee's jurisdiction. A listing of datesand committee names will be posted. ** * The assistant Dean has received a listing of public interest law firms across the country and available positions. Compiled by Harvard University, the list maybe found in Dr. Mix's office.' Gary Masline and Paul Litwak have been named recipients of scholarships from the Women's Auxiliary of the Erie County Bar Association. Each will recieve $400.00. ** * If you have any questions you would like to see answered in this column, contact lan DeWaal. � 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, 1973-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1973 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/861ed2e8ba7f4f77f71f93bfc36145a8.pdf b9f38aec978e1864d1c534fd5bf94fa2 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, N.Y. Permit No. 708 The Opinion 77 West Eagle Street Buffalo, New York 14202 THE Volume 13. Numbers OPINION State University of New York at Buffalo School of Law March 15, 1173 Professor Franklin Denied Reappointment by John Levi The students and faculties of the schools of Law and Jurisprudence and Social Sciences were stunned when word came from Albany in the last week of February that Professor Mitchell Franklin will not be reappointed for the school year 1973-4. Until word was received from G. Bruce Dearing, Vice Chancellor for Academic Programs, that the petition of the Department of Philosophy for waiver of the many favorable recommendations which accompanied his waiver request, including statements from Provost Schwartz and President Ketter, Professor Franklin will not be reappointed. The reasons for this action lie in a memo sent to Presidents of the SUNY campuses in December, before Professor Franklin's case was forwarded to Albany. At that time, the Chancellor, citing the dearth of employment opportunities in higher mandatory retirement had been education and the necessity of denied, it was thought that there creating as" many positions as would be little trouble in getting possible; requested that reductions waiver from the Board of Trustees. be rrfade in the application for Professor Franklin is generally waivers of mandatory retirement, recognized as a leader in the fields of except for "absolutely compelling Roman and civil law, Marxist and circumstances" in which a "unique Hegelian philosophy, and legal and essential contribution" could be philosophy, and, according to made. Pursuant to this memo, the Professor Peter Hare, chairman of Academic Affairs Council (AAC) of the Philosophy Department, he SUNY/Buffalo created criteria under carried one of the heaviest loads in which waiver applications would be the entire University, with classes in considered. These criteria include the Department of Philosphy and the unanticipated departmental needs Law School, independent studies arising from "non-projectable with numerous students, and as a personnel losses, e.g., death, member of fifteen M.A. and Ph.D. resignation, illness, or short notice and require a showing that the need "cannot reasonably be filled except by waiver of the mandatory retirement rule." Subsequent to the approval of these guidelines by Bernard Gelbaum, Vice President for Academic Affairs, the President's office forwarded to Albany a recommendation for waiver. Within two weeks' the unfavorable reply from Vice Chancellor Dearing came back. In a meeting last week with members of the SBA and the GSA, President Ketter said that he will go forward again to Albany with a favorable recommendation for Professor Franklin's case. However, Executive Vice President Albert Somit has declared that there is no possibility that he will be rehired. In the absence of a new communication . from Albany, there is no indication that his prognosis is incorrect. Students in the Law School, led by Terry Di Filippo, who is also a graduate student in the Philosophy Department, are currently meeting with University officials and writing letters and petitions in attempts to by another faculty member of his reverse the decision on Professor committees. Despite his scholarly stature and intention to retire prior to age 70," Franklin. They hope that a massive Jelnick Belns by Kay Wigtil The most recent speaker at the Distinguished Visitors Forum was Don Jelnick, a civil rights attorney from San Francisco. He spoke on the story of the 18-month Indian seizure of Alcatraz in 1969, which he described as "the beginning of the militant Indian movement." Throughout the narrative, Mr. Jelnick emphasized the Indian outlook an their situation today, During the '60's; Mr. Jelnick worked with the Civil Rights movement in Alabama and Mississippi, and defended Martin Luther King and Stokely Carmichael, among others. He was the attorney for the Indians who seized Alcatraz in 1969. His experience in legal strategy and coordination may result in his appointment as Legal Coordinator of the Attica Defense Committee. "full-fledged impoverished Americans." After the Indians seized the island, some 2,000 or more came to join them. Jelnick emphasized the quality of the society that formed, which had a cuurt, police force, and decision-making body. He noted that the sympathy and cooperation of the people of San Francisco helped the Indians to remain on the island in spite of government blockades and the shut-off of electricity and water supplies. "The battle to hold the island became a moral war, since the government could not penetrate the community support or the determination of the Indians." Jelnick's description of the negotiations between the Indians and the federal government revealed the growing consciousness of the Indians, and their resulting resistance to any offers the government made. He described how he found himself letter campaign from interested students will influence the Administration at SUNY/Central. But it seems that Albany intends to enforce rigidly its policy of and contribution, Mitchell Franklin will not teach next year. Unless by Dianne - Graebner people still believe women's place - growing further and further apart from them as they grew as Indians, and how this growth affected the outside community's outlook toward Indians as a separate culture. "Young Indians have a suicide rate ten times higher than the national average, as a result of a lack of belief in themselves." Jelnick emphasized the impact of the schools that were set up at Alcatraz, to teach Indian history and culture as part of the process that changed this self-image. This, he said, was the most significant accomplishment of the entire undertaking, and has laid the ground for future actions, such as the takeover of Wounded Knee. However, he said, the foreign press was interested in an entirety different aspect of the seige. This was the taking and holding of land belonging to the United States Alcatraz had government declared its independence, and was, in effect, no longer part of the United States. Embarrassment over this fact finally led the government to invade the island after it had indicated to Mr. Jelnick that a breakthrough in negotiations was imminent. As a result of this deception, the Indians were caught unprepared and defenseless, and so were driven off theisland. Later, three Indians were indicted for selling copper fiom electrical' wires, though Jelnick asserted that the only dishonesty that took place was the selling of toilet seats as Al Capone's to aides ofgovernment negotiators. .. mandatory retirement at age 70. Despite continuing academic vitality Thomas Speaks on Title VII Indians'Rights Lawyer Speaks This possibility was thereason for his five-day visit to western New York, during which he met with members of the Attica Defense Committee and with indicted prisoners in Erie County Jail. He was introduced by Sue Silber, a student working with the Attica Defense, who was responsible for Mr. Jelnick's visit. Mr. Jelnick traced the events which led to the Alcatraz incident, noting the impact of the fcd cral government's program which attempted to assimilate Indians into American cultureand make them what he called Franklin Thomas —"-. William H. Thomas, regional civil rights director from Atlanta, explained the use of employer "goals" over "quotas" as he described the workings of his division's affirmative action program March 1 at the Distinguished Visitors Forum. Mr. Thomas, who supervises a division of 60 persons not big enough but still growing, he said noted that his Office for Civil Rights (under HEW) handles Civil Rights Act programs under Title VII for public schools, health, welfare and other programs, as well as the compliance of federal contractors where the federal government gives grants in areas of insurance medicine, law, - education, - nonprofit organizations and certain state and local governments. Affirmative action, said Mr. Thomas, includes "efforts that are made that all of us 'fight fair.'" The principles are "equally applicable to women. A lot of is in the home after she gets home from work." There are more underutilized minority females than similarly situation white females who will benefit from affirmative action, he said. Citing unemployment statistics for the past few years, Mr. Thomas made the point that unemployment rates are not just the consequence of past discrimination. The recent rate for white tennagers was 15.1%, for minority teenagers 31.7%. Thirty per cent of minorities live in poverty, while 8% of whites do, he added. Some of the barriers to affirmative action are employers and unions who rely on word-of-mouth references for work, recruitment by employers mainly at schools and colleges with predominately non-minority and male enrollment, rules against married women and pregnant women, and jobqualifications not substantially related to job requirements. "Tests that are used to exclude are discriminatory," he said. The Civil Rights Office under HEW works with employers who make up their own affirmative action plans, goals and time-tables. The goals, he emphasized, may include a percentage of minorities to whites "that is not the same as in the community." A minority's percentage in (he community, according to the Howard University Law School graduate, is considered along with the qualifications, skills and training cont. to page six �March 15. 1973 THE OPINION 2 Editorial Efforts at Communication The Administration has recently gone to some lengths to set up coffee hours for the various law school committees, to which students are invited. Such meetings provide an opportunity for student input, student information, and interaction among faculty, administration and students. Needless to say, this opportunity is being missed by nearly everyone. Even the people who complain bitterly and frequently that they can't get any information out of the Administration, that they don't understand why a certain thing is being done, that if only someone would listen to their analyses, ideas, solutions even those people don't .. show. This lack of interest is reminiscent of last year's efforts by the Appointments Committee to insure student input by setting up meetings with prospective faculty members. The students who attended were dragged there by the Committee's student reps. The experience this year has been the same. We think the Administration's efforts to intorm students, which include the Turn of the Screw column on the Opinion's back page, as well as the Committee Coffee Hours (at 1 p.m. on Thursdays) and the meetings with prospective faculty, are commendable. If these efforts are not met with some enthusiasm on the part of the students, we will find ourselves with little justification for the kind of complaint that runs rampant throughout this law school. In short, if you're not part of the solution .. . appropriation present, typewriters you, Opinion scavenge approaching very very scrounge decrepit grateful deadline, glad machine newspaper. available, Thank while other two stand The others offices. in when line SBA We for for at shall the once. aisnew and one be typewriter for to for some have unused the theready staff now SBA's machines members access recent At in to yThoaunk,SBA The Opinion is very grateful for the SBA's recent for a new typewriter for the newspaper. At present, when approaching deadline, some staff members appropriation stand in line for the one decrepit machine now available, while others scavenge and scrounge for unused machines in other offices. We shall be very glad to have ready access to two typewriters at once. „„ March 15,1973 Editor-in-Chief ™ OPINION -- John - Jasen Assistant Editor ManagingEditor Kay Latona Levi Peter -- Business Manager Christopher Greene Photography Editor Christopher Belling Articles & Feature Editor Earl Carrel Staff- Otto Matsch, Ted Orlin, Dianne Graebner, Frank Buffomante, Ibby Lang, E:j. Mandel, Kay Wigtil,Douglas Roberts, Robert Doren, S. Hunter. The Opinion is published every third week, except for vacations, during the of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage entered at Buffalo, N.Y. Un To the Editor from teaching about the Constitution when they Constitutional principles. 'XfSto! I'm contused. You condemn a host of holdItbeliefs opposed interesting issue and I don't know why "luns" because they impinge personal freedom, T° to is an on Professor Franklin the right to vei you would deny express his philosophy; you summon the power of Franklin, but you seem to revel the State to silence in the use of your own forum in a quasi-official newspaper. Many of us see as little of value in his ideas as each of we do in yours, but we acknowledge that you has a right to express himself. Even though you are both subsidized by a coerced contribution of some sort, you serve a valuable function by presenting divergent viewpoints and stimulating discussion, rational or otherwise. Thus, I can't help but wonder, Otto, what are you really? A hypocritical conservative? A crypto-liberal? Or just naive? HowardRoark Editor's note: HowardRoark is thehero-architect in Ayn Rand's The Fountainhead. the mystery writer avoided it, unless he/she knows is wrong. If the writer or his/her comradesdo choose to address the issue, they might first pause to ask themselves about First Amendment rights in countries where dictators of Professor Franklin's he/she persuasion reign. Otto Matsch To theEditor: It's the fourth week in March already and we haven't had a party yet this semester. How come? I have been told that the SBA appropriated a considerable sum of money for small wine and cheese parties to be held in the basement of Eagle Street. So far, last semester we had three, maybe four of these parties. Is there no money left in the Social Committee budget? I might be able to understand that, as one of the last social committee parties had Cutty Sark, but no wine after the first forty-five minutes, (although I understand that the money was budgeted only for wine and cheese). To the Editor: Disgruntled Frosh I see that I have rattled someone's cage. As I read thisepistle, he/she seems to be saying that I am Editor's note: Two parties were given last semester. infringing on the good Professor's freedom of speech The total amount spent was $412.58,0ut of a by exercising mine, certainly a tort that "Prosser" $1,000.00appropriation for the entireyearallocated would like to know about. for four parties per semester. The Chairperson ofthe Anyhow, he is avoiding the issue, which is Social Committee is senior John Anderson. There whether collectivistsof a fascist, communist or other were no other officially-appointed members of that deranged ideological persuasion should be hired to committee last semester. We understand that teach law here. My position is that they should not, tentative plans are for another party on Friday, since their political perversion disqualifies' them March 16, the day before spring vacation. Student Cited As Outstanding A member of the law school because of my involvement in community has been cited in the both ferninine and feminist current edition of Outstanding activities," she explains, citing Young Women of America, a both her activity in the volume devoted to those young women whose activities in the community raise them above the norm. Buffy Burkes entry. is voluminous, citing her omniactive presence in law, community, relations, and the feminist movement. She was nominated for the citation by the United Council of Churches, for whom she works in programming TV and radio shows locally. "I was chosen Association of Women Law Students and NOW, and her past career as a professional model and formerMiss Washington, D.C. "You can do both," she maintained, when asked how she reconciles her feminine past and her feminist present. While having feet in two camps sometimes provokes hostility from other women, Buffy finds that the world of women is not divided into two distinct groups; women's -L«vt liberation transcends politics and philosophies. Being active in the community takes its toll; Buffy remarked that she and her husband work hard and consequently see little of each other; but she feels compelled to produce, and digs it. She is presently Secretary of the SBA, thus sharing some of her energy withall of us. RiGHT ON! by Otto Matsch Up Against the Wall, J.G. Let's see now. "Common Cause" is the citizen's lobby, the one headed by John Gardner,right? Right. Soit should press the issues that concern the citizens, right? Right. So when CC sent out a questionnaire (cleverly attached to an outstretched palm) listing the 15 "most pressing issues" in America and asked the responders to list the five they thought most crucial, CC was naturally interested in knowing what Americans were concerned about, right? Wrong. The questionnaire listed the normal litany of non-issues that nobody except inmates of theNew York Times and similar asylums gives a Tiddler's fugue about: family planning programs, busing for busing's sake, federally funded programs for urban transportation and income maintenance, etc. You name a left-liberal scheme to steal more power from the people and give it to the bureaucrats and it is on the list. Compare their list to a recent book by William Watts and Lloyd Free, State of the Nation, based upon an extensive survey conducted by the Gallup organization, and which concludes that the five things Americans worry about most are: 1. Rising prices and the cost of living 2. The amount of violence in Americanlife 3. The problem of drug addicts and narcotic drugs 4. Crime in this country 5. The problem of Vietnam. These results are substantially the same as those readied by numerous other surveys. Funny thing, though. Of these five, NONE of them appear on John Gardner's list. Crime? Inflation? Drugs? Vietnam? Nobody cares about them in the citizens' lobby's fairy land, and probably doesn't even know these problems exist. The following must therefore be asked: Hasanyone taken Common Cause's pulse lately to check for signs of collective farms in Yunan Province. Most of the rest is relevancy? Or even of sanity? Is there a shrink in the produced in the "golden triangle" in northern Laos, (occupied by the North Vietnamese) and Burma. Which house? makes Mao Tse Tung the biggest pusher of them all. Against the Wall, M.T.T. Up All together now, liberals: "Up against the wall, The self-anointed elitists amongst us used to run around barking what they called the conventional wisdom (which meant that if one didn't know it he was uncommonly stupid). One particular gem was that drugs like heroin were nothing to worry about because 1) the FDA was regulating it, and 2) it was only that colored trash down in the ghettos that used it, us white folks being too refined to use any drugs other thanblended Scotch. Drug users were only products of theirenvironment, and pushers were victims of society driven to their errant ways by a world they never understood, and as soon as the feds spent enough money on the problem it would be cured and we would all live happily ever after. Anyone who said different in those days was a bigot and drankbeer. Well, times change, and the left-liberal elitist claque is changing its tune, All of a sudden heroin is not the benign tranquilizer it used to be. It seems the dope-fiends (to use an out-moded expression) are no longer confined to the ghettos. The ivory-tower types are being mugged right on campus, and some of them have seen their own bourgeois offspring die of overdoses. They have decided to throw their weight over to the side of the (shudder) beer drinkers and are demanding tougher measures against pushers. Nelson Rockefeller, the Great White Hope ofLiberal Republicanism, wants life imprisonment for pushers. John Lindsay, the ex-GWH, agrees with most of what Rocky is saying. And the president of Kent State wants pushers to be put up against a wall and shot. Shooting pushers is a good idea, although hanging is better, but it would be more effective to cut off the supply at its source. The principal source of heroin is Red China, which produces about 50% of the world's supply on Mao!" Up Against the Wall, H.V.H. The ills of this country are closely correlated to a bias in the press, which is dominated by all the wrong people, to wit, "a strongly conservative media establishment." The result is sheer Hell. "Ignorance invariably walks the country lanes with fear, bigotry and reaction .... If you doubt it, travel through the South, read the newspapers in Texas, turn on your radio as you drive through Oklahoma." At least that is what Harriet Van Home, the New York Post's professional America-hatingsicky wouldhave us believe There is yet hope, fortunately, for the rest of the country, because in those areas where the liberals dominate the media, "public opinion tends to be liberal. That is, open-minded, accessible to new ideas, alert to injustice." [sic] Areas like Massachusetts, land of Cape Hatteras and Hahvahd, Kennedy and Chappaquidick, where the people believe what the New York Times and the Boston Globe tell them to believe. Ah, Massachusetts, the only state enlightened to vote for whatsisname, a srate where even Spiro watched his mouth. Now a federal judge has ordered the feds to stop payments to the Boston school system because the schools are racially segregated. Not the Boston in Georgia or Texas, or Oklahoma or aofchof those other many places Harriet hales, but Bosto^.Mgf^. Good old Boston, in good old liberal (that is, open-minded, accessible to new ideas, alert to injustice, fearless, unbigoted, anti-reactionary) Massachusetts. Stand over there,Harriet, next to John and Mao. �March 15. 1973 THE OPINION 3 Would You Buy a Legal Education from These Men? The customary ceremony of bitch and groan which follows the posting of each semester's grade usually focuses upon a i'ew professors, whose virulence or benevolence never seems to be In proportion to the effort put forth by us hardworking toilers. The question is asked and repeated, "How did that bastard ever get tenure, anyway?" Herein are supplied some of the answers. A professor becomes tenured when- the SUN Y/Buffalo President's Review Board accepts the recommendation made by the Promotion and Tenure Committee of the Faculty of Law and Jurisprudence. Thus the final word rests at the main ciimpus, but in practice, a favorable recommendation from the P&T Committee, chaired by Provost Schwartz, is tantamount to Ihe granting of tenure. TheP&T chairman appoints a Convenor to convene a visiting sub-committee each time a professor is up for promotion, extension of contract, or tenure. The Convenor then gathers other faculty members and students recommended by the SBA President, and proceeds to observe the professor in question, sitting in on classes, reviewing published DAVIDSON the "Queen City" at the Philip R. Lochner came to UB in 1971 age of 14. He returned to Western New York in the Fall of 1971 after as Associate Dean after society," completing his Ph.D. in Political receiving his undergraduate degree Science at Stanford. He received from Princeton and his law degree his B.A. and law degrees at Yale from Harvard. While at UB he has before a year in England as a taught torts and seminars on Fulbright fellow. federal tax policy. Eventually, "It took some thought before however, he would like to develop Davidson, an Associate deciding to teach law rather than more generally the study of the Professor of Law, is being political science, but I feel the impact of law on the distribution considered for tenure this spring quality of student in law school is of justice. "The legal system," with his tenure committee better than in political science says Kelley, "has enormous scheduled to meet on March 28. grad schools. I've also found that impact on distribution of social This is his sixth year teaching the faculty of a law school has a goods, but this impact is covert here, and in addition to Torts,he wider range of interests and that and not generally acknowledged. has been able to teach courses in being on a law faculty offers me a This is even true of tax laws. It is one of his two prime areas of wider range ofresearch, given my only now that weare beginning to interest, that of women's rights own interests." understand theirimpact." Lochner is presently on leave and social legislation. One course, Professor Kelley has authored position the best from his half-time as Women and the Law, to two articles, and has recently of his knowledge, was the first Associate Dean, to work on a co-edited a book along with Prof. course in the country specifically study ofpro bono legal services in Oliver Oldman of Harvard. This dealing with the legal problems of Erie County. This study is being book, to be published next women, although Davidson noted funded by a National Science month, is entitled Readings on that there have been some Foundationgrant. Income Tax Administration, and personal rights in Professor Kenneth M. Davidson feels that there is a crying need for advanced study in the areas of products liability, fundamental rights, and social legislation. ; seminars available at other schools. The other course, Social Legislation, deals in a much broader vein with its focus on the income maintenance system in the UnitedStates. He has currently co-authored a yet unpublished casebook, Cases and Materials on theLegal Status of Women, which should be in publication some time next year. The professor is also active in the area of women's rights in the non-scholastic realm having litigated several sex discrimination cases, locally as well as nationally. Davidson is also presently a member of the National Board of Directors, NOW Legal Defense and EducationFflnd. Professor Davidson's other prime interest is in international taxation, and he corroborated with Baris I. Bittker and Lawrence Ebb on United States Taxation of Foreign Income and Foreign Persons (1968). Davidson expressed a strong interest in teaching an advanced course in material, and listening to student opinions. Sttidetfts are requested to write letters.* Finally, the Convenor makes a report to the P&T, which then recommends qualified professors. In the case of promotion or extensions of contracts, the process is entirely internal, with no final decision at the main campus. In practice, this process has certain drawbacks from the students' point of view; the biggest problem is one of student input. Often, the individual students on the Visiting Subcommittee for an individual professor are biased. And because the number of students who respond to the Subcommittee's request for letters is usually very low (five or six is not unusual), results are often the nonresponsive to the feelings of the student body. Three professors are up for tenure this year: Professor Girth was recommended for tenure in December, 1972; Professor Davidson will be considered on March 28; and Professor Larry Wenger will be considered in the Spring. Also, four professors will be considered for reappointment, •-SUNY Info. Sorv. including Professor Dannye Holley, an interview with whom taxation, especially in light of the was published in Issues 6 and 7. cv rrent talks concerning the The Administration has activity possible reduction of Torts to one sought student participation in semester. Professor Galanter is the these deliberations; if you don't take time to write a letter of Convenor of Professor Davidson's support of opposition now, you'll visiting sub-committee, with have no bitch when some Professors Hyman and Laufer as arbitrary old so-and-so D's you faculty members, and Elliot Mandel as the sole student out of spite. -John A native of Buffalo, Kelley left LOCHNER In viewing the tort law as being "a fundamental guarantor of Levi member. In the two years he has been in Dr. Lochner has taught Corporations, Law and Social Science, and Corporate Finance. One of the major criticisms of Lochner has been his gradi.g Buffalo, is oriented toward underdeveloped countries. This interest in the affairs of underdeveloped countried is an integral part of Kelley's academic makeup. He worked with Prof. Oldman at the International Tax Program at Harvard where he served as director of training for 20 students, mostly from other -Fried - come to worry me a little more after discussion with other faculty, but it boils down to my perceptions of the grading system. To me a Q means qulified and an H means very, very good a clear A. 1 guess I just have different standards from other members of the faculty. This is not to say one is right or wrong, I'm just saying Ihey are different. I've had some very bright students, but they have not done as well as I expected on tests. I prefer to use papers or take-home exams and so I expect a higher standard ofwork." Professor Robert Fleming is the convenor, for Dr. Lochner's tenure committee which will vote on his reappointment April 25. Buffy Burke is the student representative on the committee. policy. "This has nations. His ambition is to study law reform patterns, particularly in South America, to see how people have perceived the issue and how law reform has affected the distribution of justice. '"This will take a long time. I like to refer to it as Kelley's 7-year phin." Professor Joseph Laufer is the Convenor ofProf. Kelley's visiting subcommittee. The student member is Art Hertzig. The committee is scheduled to meet on May 2, to consider the reappointment of Pat Kelley. ■ SUNY Info. Sarv. GORDON KELLEY "Teaching lakes a tremendous amount of oneself. Some days are fantastic." Patrick L. Kelley, professor of law, is among the faculty who are being considered for reappointment this semester. He enjoys teaching and wants to "walk between the assistant extremes." Robert W. Gordon, Assistant Professor, is currently under consideration for reappointmenl. A graduate of Harvard Law School, he came here in the Spring of 1972 after working in the Appeals Division of the Massachusetts Attorney General's office. He has taught Contracts and Evidence, and currently teaches American Legal History. -SUNY Info. S«rv. The Promotion and Tenure Committee will meet April 11 to consider Professor Gordon's reappointment. In preparation, Professor Buergenthal, convenor for Professor Gordon's Visiting Subcommittee,and Elliott Mandel and Regina Felton, students on the Visiting Subcommittee, are observing classes and soliciting student opinions. In addition, Professor Buergenthal scheduled a faculty colloquium on February 28, at which Professor Gordon presented a paper on research in pr ogress concerning "The Expansion of Judicial Discretion in the Early American Republic, 1780-1830." While space considerations prevented Professor Buergenthal from inviting the entire student body, he hopes future presentations by professors under consideration for promotion or tenure will include students. Professor Gordon spent several years as a newsman, including a stint in South America reporting for Newsweek; after watching other people doing things, he reports, he decided to do something himself, and entered the field of law. To his new profession he brings both professional expertise and a for the process of consideration legal education: while he thinks that the artificial rite of the Bar Exam forces students to acquire knowledge they don't need and locks them into a "claustrophic" environment for three years, longer than necessary, he has shown an enormous consideration for the bread-and-butter courses he teaches. Students of his Contracts and Evidence classes may have noticed the meticulous attention he has paid to these rather mundane bar requirements. Currently, Professor Gordon is preparing a book on American legal history, about which he teaches forty students in the dungeon of P-l. He sees a growing interest on the part of students for interdisciplinary and tangential courses, such as his course and Philosophy of Law. Both a teacher of traditional taw and a member of Buffalo's growing group of interdisciplinary professors, Professor Gordon offers an amalgam of practical and contemplative expertise tn the Law School community. ORE GRADES MORE GRADES MORE GRADES M "ourse Vdm. Discretion Instructor Gifford >. Pro.B Trans. Kochery lud. Admin. ;omp. Civ. Pro 'Torts Kochery Homburger Kelley jnd ;orp. Order Correction '= Reis Bazelon Enrolled 22 100 128 26 17 63 22 HD 0 0 0 1 0 0 0 % 0 0 0 3.8 0 0 0 H % Q 40.9 23.0 4 66 11 42.3 13 5 7.9 45.4 9 23 15 2 10 11.7 11.7 84 8 49 9 % 18.1 66.0 65.6 50.0 47.0 77.7 40.9 % F 0 4 0 4.0 19 14.8 0 0 1 0 0 3 0 0 0 4.7 0 D 0 0 0 0 % Grade' % 0 8 36.3 0 2 2.0 0.7 2 1.5 1 3.8 0 0 0 0 R 1 5 7 0 17.6 4 3 2 3.1 0 0 4 3 % Rating 4.5 5.0 5.4 0 23.5 6.3 13.6 2.692 2.204 1.949 2.520 2.200 2.035 2.526 �March 15. 1973 THE OPINION 4 HYMAN: The 7-2 decisions of the United States Supreme Court in the above cases striking down Texas and Georgia laws severely limiting abortions have been attacked on two principal grounds. One is reflected in the statement of Cardinal Krol, Archbishop of Philadelphia, immediately after the decision that "abortionat any stage of pregnancy is evil. This is not a question of sectarian morality but instead concerns the law of God and the basis of civilized society." Thiscriticism is indeed based on a theological position which very large segments of the population do not hold. Criticism so based may justify disagreement with the decision of the Court, but is in and of itself not a sufficient ground for condemning it as an improper judicialact. The other criticism goes to the authority and justification for the Court's action in drastically limiting the constitutionally permissible scope of state anti-abortion statutes. In the words of Mr. Justice White, one of the two dissenters from the decisions: "The Court simply fashions and announces a new constitutional right for pregnant mothers, and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes." This criticism was echoed in an editorial comment in the New Republic which charges the Court with failing to give constitutionally adequate reasons forits holding that during the first three months of pregnancy "a woman and her physician may decide on an abortion quite free of any interference from the state, except as the physician may be required himself to be licensed by the State. During the second three months, the state may impose some health regulations, but it may not forbid abortion. During the last three months, the state may if it chooses forbid as well as regulate." The New Republic comment concludes that in the light of the available evidence the Supreme Court restriction may be a "wise model statute" but it does not represent a proper formulation of constitutional limitations, and the entire matter of regulating abortions should have been left to the states, apparently without any constitutional restrictions. With respect to these criticisms which rest not on moral grounds but on the nature and appropriate mode of performance of the Court's function to declare and apply constitutional limitations on actions of government, I believe them to be unjustified. Justice B1ackmun's opinions for the Court in the two cases are perhaps somewhat pedestrian, but they follow dutifully and plausibly the approved path for inquiry into a claim of violation of constitutional right. That the anti-abortion statute of Texas allowing abortions only when necessary to save the mother's life, seriously interfered with the right of the appellant to control her body by terminating an unwanted pregnancy is of course • ROE v WADE DOE v BOLTON The Court first clause, but only those imposed addressed itself to the question of "withoutdue process." Complaint the nature of the interest asserted. about the burden has recently The appellant claimed that it was been given short shrift if the constitutionally protected either objective of the legislation is one in the concept of personal liberty that is deemed to fall within the contained in the due process scope of legislative power and if clause of the Fourteenth the means adopted can reasonably Amendment or "in personal, be thought on some basis or other marital, familial, and sexual to havea tendency to achieve that privacy said to be protected by objective. There has been some the Bill of Rights or its variety in the application of that penumbra," both made applicable review procedure with respect to to the states by the Fourteenth the degree to which the Court Amendment. In addressing itself examines the assertion of to this problem Justice objectives, the actual date bearing Blackmun's opinion states that upon (he tendency of the while "the constitution does not legislation to achieve the same explicitly mention any right of objective with fewer restraints or privacy," a long line of decisions restrictions. In the last few "has recognized (hat a right of decades, when the challenged personal privacy, or a guaranteeof regulations concerned general certain areas or zones of privacy, matters of economicbehavior, the does exist under the tendency of the Court has been constitution." He then reviews not even to require an express numerous cases in which the showing of a specific legislative Court has protected various purpose or of the probable personal interests to which the efficacy of the measures adopted, characterization of "privacy" is but rather to sustain the not inapt, concluding, on this legislation unless it is almost aspect of the matter: "this right impossible to conceive of a of privacy, whether it be founded legitimate legislative objective or in the Fourteenth Amendment of the restriction adopted having concept of personal liberty and any possible tendency toward restrictions upon state actions, as achieving such an assumed we feel it is, or, as the District objective. A very strong Court determined, in the Ninth presumption of constitutionality Amendment's reservation of rights is thus applied, and theburden on to the people, is broad enough to the challenger of the regulation is encompass a woman's decision very onerous. Perhaps, as whether or not to terminate her Professor Gunther suggests (86 pregnancy. The detriment that the Harv. L. Rev. 1-50 (1972]), there State would oppose upon the is a tendency in recent cases to pregnant woman by denying this look somewhat more closely than choice altogether is apparent." in the past at these two aspects of The case to which the Court made the restrictions. Even so this reference, and particularly the inquiry leaves and is intended to case of Griswold v. Connecticut, leave, a wide range of discretion in invalidating Connecticut's law the legislature to select the prohibiting the use of objectives which it wishes to contraceptives, made it clear, in achieve and to choose the means the words of the Court, "that which in its judgment are most only personal rights that can be desirable for effectuating those deemed 'fundamental' or objectives in the light of the costs 'implicity in the concept of which they entail compared with ordered liberty' .... are included the costs which other approaches in this guarantee of personal or inaction might entail. privacy." The examples given all In a variety of contexts, involve aspects of life which may however, the Supreme Courthas, fairly be called "personal" to a under well-accepted constitutional strong degree, and thus fairly doctrine, undertaken to scrutinize analogous to "the abortion more carefully the justification decision." Without defining the for legislative restrictions. This embracing category, the-Court in closer judicial scrutiny has been rather typical common law practiced to a notable degree in fashion invokes one which is at connection with the review of least fairly descriptive of state regulations thought to important aspects of the interfere with the flow of goods analogous cases identified. across state lines. Building on the Thus far the analysis of the nega t ive implications of the Court finds constitutional basis commerce clause, which for the appellant's claim to be authorizes federal regulation of permitted, with the advice of her commerce among the states, the personal physician, to make and Court has undertaken in many implement her abortion decision, instances to examine closely the and also finds that that claim falls impact of state regulations which within the category of appear to restrict it, although constitutionally protected rights adopted to serve an acknowledged which ;ne deemed fundamental. concern of the state such as health This latter categorization invokes or safety. In such cases the Court a very basic and traditional has found itself obliged to distinction in the application of examine in considerable detail all constitutional limitations by the kinds of factual and technical United States Supreme Court. matters on which it has no Most government regulation particular expertise, but with imposes constraints or limitations respect to which it must exercise on the activity of some persons. its best judgment in order to In general those restraints do not maintain the critical balance suffice to invalidate the legislation between a fundamental national on constitutional grounds not interest and a legitimate and every interference with liberty is important state interest. Similarly, forbidden under the due process in connectionwith the application apparent. — (41 US Law Week 4213) to the states, by way of the Fourteenth Amendment of the provisions of the Bill of Rights, including not only such procedural matters as right to counsel, right to jury, official searchesand seizures, but also the more general personal freedoms protected by the First Amendment's free speech and freedom of religion clauses, the Court has been forced to pick its way through a mass of conflicting opinion, conjecture, and fact, and to attempt to draw lines which will safeguard the constitutional rights. More recently a similar kind of close scrutiny has been utilized when the equal protection clause of the Fourteenth Amendment has been invoked and the classifications have been claimed to be themselves suspect, as in the matter of race, or to deal with rights deemed fundamental, although the exact grounds of classification have not yet been fully clarified. Similarly, as the Court said in the present cases: "where certain 'fundamental rights' are involved, the Courthas held that regulations limiting thes,e rights may be justifiedonly by a 'compelling state interest.. and that legislative enactments must be narrowly drawn to express only the legitimate state interests at stake." The Court therefore dutifully searched for the legitimate state interests at stake in the present situation and it found two. The first was the interest of the state in protecting the health of its inhabitants, including women and including pregnant women, and second was its interest in the potential life of a fetus. It then became necessary for the Court under established constitutional techniques to examine those interests carefully in the light of whatever knowledge was available in the record and somehowdraw a line to represent the point at which the fundamental right of privacy or liberty being invaded might validly be restricted, and to what degree, in order to provide necessary protection for the state interests. In reviewing a very considerable amount of medical history and data in this matter, the Court concluded that the evidence suggested a sufficiently sharp increase in the danger from abortions after the first trimester to create a strong state interest in thehealth of the women to justify substantial restrictions surrounding the performance of abortions thereafter. It also found a s v fficient interest in the potential life of the child to justify prohibiting abortions except under severely limited circumstances after the fetus had become viable, approximately at the end of the second trimester. There is no spacehere to examine in detail the grounds on which the Court drew this second line. As pregnancy develops potential life approaches an actual life. Viability represents a physiologically identifiable point in that continuum which has a background of recognition in law and common opinion. It can hardly be said that it lacks reasonable basis in understanding or relevant history. And no . equally persuasive alternatives are apparent. To say th.it the interest of the fetus from conception represents an interest as weighty as those of the mother would logically make it difficult to permit abortions even to protect the life of the mother. From a doctrinal point of view, an intriguing aspect of the Court's opinion is its insistence on declaring the fundamental right of the appellant which it was protecting to be one of "privacy" rather than of "liberty." This classification of theinterest in the right to have an abortion reflects a debate within the Court which was extensively aired in Griswotd v. Connecticut. Many members of the Court there struggled in ways which were not altogether acceptable to many of their colleagues to find a label for categorizing as fundamental and constitutionally protected the interest of married couples in being able to use contraceptives. A substantial majority of the Court in one way or another insisted that that interest should be protected as a constitutional right of privacy. Justice Harlan emphatically insisted that while the right was fundamental and should be so recognized, it was part of the "liberty" protected by the due process clause. The extraordinary difficulties which have been encountered in trying to articulate and give coherent shape to a doctrine of privacy in the law of torts must have been warning enough to the members of the Court of the difficulty of formulating such a right in constitutional terms. Justice Douglas* opinion for the Court in Griswold relied on "emanations" and "penumbras" from the specific prohibitions of the Bill of Rights, a mode of speech which has occasioned a considerable amount of gentle and not so gentle mockery from the commentators. Most of his colleagues who made up the majority attempted to go beyond that by relying upon the Ninth Amendment as establishing the basis for the assertion of a new fundamental right of privacy not necessarily dependent upon emanations from the rights announced in the first eight amendments. Justice Harlan in Griswold wanted nothing to do with any new right of privacy but had no difficulty in asserting that the kind of personal and familial interests involved in the use of birth control devices were not only aspects of "liberty" falling within the scope of that word as used in the dueprocess clause, but also of so fundamental a nature as to be entitled to the special protection which, as indicated above, the Court gives to some constitutionally recognized rights, but not to most. Mr. Justice Stewart, who dissented in Griswold, accepts that decision as the basis forhis conclusion in the abortion cases that the abortion decision falls within the kind of "liberty" which the Court recognized in Griswold, characterized by its personal and fam iIial aspects. But Justice Stewart preferred to continue to call it "liberty" as Justice Harlan had done in Griswold. The reasonableness of that classification is obvious enough. The majority of the Court continued to struggle with the "privacy" instead of relying upon "liberty" probably because of fear of reviving the enormously cont. to page six �March 15, 1Q73 THP. OPINION MANN: ROE v WADE DOE v BOLTON hospital whose buildings and My i ntcrest concerns the White's view, like that of Mr. operations is partially subsidized quality of the judicial process Justice Frankfurter's in West public funds may be required re fle cted in the prescriptive Virginia State Board v. Barnette, by to change its religious-oriented abortion case. The case was the opinion and judgment of the practice of preserving the prenatal handed down on January 22, Court constitutes "an improvident life in the fetus over the life and 1973. I am gratified by the high and extravagant exercise of the health of the pregnant woman. professional quality of the powerof judicial review which the The Court took account of the opinion of the Court delivered by Constitution extends to the compelling public interest in the Mr. Justice Blackmun. Court." prenatal life in the embryo or The opinion of the Court The fact that the Texas and fetus in a second regard. The stands high in historic evolution Georgia cases were consideredand nationalized right based on a of the American system of determined simultaneously was fundamental legal personal liberty in c onstitu tional law, using the beneficial to the Court and to a the pregnant woman and the judicial process todetermine basic general application of the legal counselling physician, which is questions of fundamentalpersonal standards placed upon the required in order to avoid the liberty against the full weight of exercise of governmental controls wide-spread injuriesresulting from authority in the many to proscribe an abortion. In the proscribed abortion, is restricted governments operating in these Texas case the Court formulated to the first trimester of United States. The opinion the legal requirements for the pregnancy. Thus for "the stage deliveredby Mr. JusticeBlackmun exercise of governmental prior to approximately the end of is not only outstanding in its authority,, In the Georgia case the the first trimester, the abortion professional quality, it reflects a Court applied those legal decision and its effectuation must high degree of courageous requirements to the administrative be left to the medical judgment of objectivity in analysis and prescriptions imposed by the the pregnant woman's attending presentation. Georgia statute. In the Georgia physician." Likewise it may not There is no fudging, no fakery case the Court invalidated the be legally justifiable for the nor fugaciousness in analysis and prescriptions formulated in a governmental authority to presentation. Vagueness and uniform statute. attempt to transfer this overbreadth, equalprotection and The legal requirements of determination from the attending other like imperfections are put abortion are measured by the legal physician to a medical committee aside; they are not used to justification made for the or board of a hospital or medical pretend that substantive due compelling public interest in the society. process is nonexistent. Instead governmental authority required In addition the governmental there is a nonapologetic sincerity for proscribing an abortion. The authority over the prenatal life in and honesty in the acceptance of Texas statute made the procuring the embryo or fetus for "the stage substantive due process, of its of an abortion a criminal offense, subsequent to approximately the being an absolute necessity if we except with respect to "an end of the first trimester" is are to preserve the American legal abortion procured or attempted limited to the legally recognizable system of constitutional law and by medical advice for the purpose compelling public interest. The the American system of of saving the life of the mother." governmental authority may representative government. Public interest purposes were prescribe abortion procedures, but The frenzied conservative, Mr. presented in order to give an aura may not proscribe an abortion. Justice Rehnquist, reproached the of legal justification to the The governmental authority may Court for being more closely exercise of governmental promote the legally justifiable attuned to the opinion delivered authority requiring the pregnant public interest in the prenatal life by Mr. Justice Peckham than the woman to bear the child. Quite in the embryo or fetus so long as opinion delivered by Mr. Justice appropriately the Court rejects the prescriptions pertaining to an Holmes in Lochner v. New York. out of hand, without analyzing abortion "are reasonably related Mr. Justice Rehnquist is right that the public interest reflecting a to maternal health." The legally the nationalized fundamental legal Victorian social concern to recognizable compelling public rights of substantive due process discourage what is characterized interest in the prenatal life in the requires that the government as illicit sexual conduct. embryo or fetus begins whenever satisfy a compelling public That there exists a substantial medical judgment determines the interest as legal justification to public interest in protecting the fetus to be viable. Viability is an abridge a nationalized legal right prenatal life in the embryo or ultimate question of the based upon a personal liberty fetus is seriously contended by sufficiency of competent proof of which is determined to be counsel, in order to give a legally what is life in being recognizable fundamental. The American legal j v stifiable foundation to the in the judicialprocess. world has struggled too long Texas proscriptions imposed on In summation, the legally under the influence of Mr. Justice the medical procedures for recognizable compelling interest Holmes' dissent in Lochner. The aborting the prenatal life in the in the proscribed abortion statute influence of Mr. Justice Peckham embryo or fetus. "Only when the is determined to be applicable to laid the legal foundations in the life of the pregnant mother herself the life and health of the pregnant judicial process for Meyer v. is at stake, balanced against the woman, in order "to restrain her Nebraska in 1923, Pierce v. Three life she carries within her, should from submitting to a procedure Sisters and Gitlow v. New York in the interest of the embryo or that placed her life in serious 1925, and Powell v. Alabama in fetus not prevail." Explicitly, jeopardy." But the medical 1934. In contrast the influence of then, the Court is pleaded to techniques have greately altered Mr. Justice Holmes' dissent measure the public interest in the these circumstances in terms of brought the inconcinnous* prenatal life high enough in legal competent proof. It is said that o pinions by Mr. Justice recognition in order to overcome statistical studies of mortality in Frankfurter in Minersville School the nationalized legal right based the case of appropriate medical District v. Gobitis and West on a fundamental personal liberty procedures for abortion are so Virginia State School Board v. in the pregnant woman and the low, and sometimes lower, than in counselling physician. the use of appropriate medical Barnette. procedures in childbirth. Each of the two dissenting The Court accepts the In reconsideration, the steps in Justices presents his respective counsel that by contention made the judicial process approximate incongruities with reference to the legally justifiable following. An initial there is a the judicial process. Mr. Justice Rehnquist's scolding formalizes compelling public interest in the determination was made to embryo life the consider whether to formulate or in that "the Court necessarily has prenatal had to find within the scope of fetus. This compelling public and impose more rigorous lega! standards limiting the exercise of the Fourteenth Amendment a interest is to be legally recognized to governmental authority to right that was apparently when the fetus matures viability. Viability proscribe constitutes an an abortion. The legal completely unknown to the ultimate question of medical basis for this extremely crucial : . ■ * drafters of the Amendment." Mr. Justice White was unable to find the right of pregnant "mothers" (his word, not mine) to abortion in the Constitution. In Mr. Justice . determination of the time when the fetusmay mature to a person in being separated from the womb-. Even this legally recognizable compelling public interest in the fetus is subject to "Inconcinnous adjective, the qualification of what is obsolete. 1. Incongruous. The required "for the preservation of mother." Compact Edition of the Oxford the life or health of the Thus the privately administered English Dictionary (1971). associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood maybe involved. All these factors the [pregnant] woman and her responsible physician necessarily will consider in [the privacy of] consultation." Whenever the Court, as in the case, determines that the social construct constitutes an abridgment of a nationalized legal right based upon a fundamental personal liberty the exercise of the governmental authority is arbitrary and capricious and thus legally invalid. The legal violation pertains to the legal requirements which the Court formulates so as to alleviate the taking of one's life, liberty or property without due process of law. In the proscriptive abortion case the decisive question is not the weak, limited, and deficient judicial review advocated by Mr. Justice White and Mr. Justice Rehnquist. Whenever the Court determines that the social construct requires a legally justifiable compelling public interest for a particular exercise of governmental authority, the line between the c xistence and nonexistence of a compelling public interest is generally drawn with clarity and a high degree of substantiality. This high professional standard in judicial review was not available to the Court in the social construct of the proscriptive case. The dominant in the social of the case is life. Life construct in being and the preservation of life present legal questions of the highest moment. The compelling public interest in the preservation of life clearly is applicable to the term of pregnancy when the prenatal life in the fetus becomes viable. The complexity which is unusual in substantivedue process cases is presented by the factor of an equally supportable justifiable compelling public interest in the prospective life of the prenatal embryo or fetus during the first trimester of pregnancy when "the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician." Therefore the line had to be drawn between the public interest to alleviate the widespread harm and injury to the pregnant woman and the attending physician, and the compelling public interest in the, preservation of prospective life in the prenatal embryo and fetus during the first trimester of pregnancy and beyond. This constitutes a more difficult determination than is generally presented in the social construct abridging a nationalized legal right based upon a fundamental personal liberty. For the use of the proscriptive abortion case as a precedent the dominant factor in the Court's determination is the con tr o Iling influence of the substantiality of harm and injury to the pregnant woman and the attending physician, and not the usual measure of substantiality of competent proof supporting the existence and nonexistence of a abortion phenomenon determination was the very substantial showing of "specific and direct harm medically diagnosable even in early Maternity, or pregnancy additional offspring, may force the woman a distressful life upon and future. Psychological harm may be imminent .... There is legally justifiable compelling also the distress, for all concerned, public interest. .... COD WAR 5 by Dianne Graebner The most recent "cod war" illustrates how closely intertwined are "the roles of law and politics in the strategy of resolution of ;nternational conflicts." Iceland extended its fisheries limit from 12 to 50 miles (coterminous with its continental shelf) on Sept. 1, 1972, ignoring a restraining type order from Ihe international Court. A standoff basically between Iceland and the United Kingdom now awaits the United Nation's forthcoming Law of the Sea Conference, as well as International Court action. A prompt settlement of the dispute, said visiting speaker Richard B. Bilder on Feb. 22, is unlikely. But whatever settlement there is will be "in the context of the conference, in a very political framework." Prof. Bilder of the University of WisconsinLaw School said "no one knows what will happen" in the next few years, but the trend is "to a broad jurisdiction for economic purposes, economic resources zones pretty far out, certainty 50 miles." He added that "in the long run, the United Kingdom is likely to lose this sort of confrontation." This cod war conies 20 years after the first fisheries dispute, when Iceland went from a threeto a four-mile limit and after the classic "cod war" of 1958 (four to 12 miles). That last dispute also was settled in the context of the Law of the Sea conferences. The latest "war," noted Mr. Bilder, was precipitated when a leftist government came to power in tiny Iceland, with the former head of the Communist party now minister of fisheries. Prof. Bilder, an expert in international law, cited three major legal issues in the dispute: 1) the power and appropriateness of the International Court's issuance of the restraining-type order (What is its effect? Is it binding on Iceland?); 2) the jurisdictional question of the court; and 3) are 50 mile limits contrary to international law? Other issues include, first, the complex relationship between party strategies, the court case and the conference, with all parties trying to influence the tenor of the confernece. Iceland thinks it might lose in court, said the speaker, but it can put pressures on the conference. Second, why didn't Iceland accept the court's jurisdiction? The nation, said the speaker, is in a sense "holding the stake" (fish) and is emphasizing tactical considerations. Third, Iceland's suggestion that "unilateral action is a good thing (is law-creating) shows how states really feel," suggested Prof. Bilder. "How through deviation of law do you make law?" Iceland argues, among other points, that smaller limits are based on past imperialistic concepts and that it as a small country (200,000) dependent on fish (1/5 of its GNP) has a special dependency situation. The United Kingdom, with a standardof living lower than that of Iceland, argues freedomof the seas, and Iceland's poor conservationrecord. - - ■continued page 6 �March 15, 1973 THE OPINION 6 Thomas for BodyandSoul Food Tinsel Tame Shrew at the Studio Arena Wows Crowd by John Levi Alas, poor law school: your reviewer feels he speaks to a deaf crowd. How many of my brethren leapt to the opportunity to hearand see the incomparable Michael Tilson Thomas and the Buffalo Philharmonic Orchestra for free on March 7? Too few. Thomas, like Bernstein, infuses his conducting with passion and individuality: like Pierre Boulez, he presents incisive lectures to his audiences. There he stands on the podium dressed like a tasteful Elvis (this night he wore a dark green suit of velvet), his dark hair askew like a prodigal Dennis the Menace. Incomparable? The man's a veritable congregation ofbrilliance. His lecture combined the best traits of operaboffo and Ken Joyce: he would turn to the piano or the orchestra to illustrate a point, often accenting the music with the amazing vocals which kept the crowd in stitches. His explanation of the mechanics and dynamics of the first movement of Mahler's Ninth Symphony was concise and illuminating: he spoke to an intelligent crowd, edifying and expanding us all. The music, of course, was superb: Thomas demands the best the orchestra has to offer, and it responds enthusiastically, if not always perfectly. But tonight they outdid themselves. The flute, who had problems a few weeks ago when Melvin Strauss conducted, was on target and mellow for Thomas. Mahler filled us all, and for that we owe Thomas a lot. Support the Philharmonic let music untune your shallowskies. - - Times Veep at Canisius by John Levi SUNY/Buffalo is not the only change, too, according to Mr. intellectual center in Buffalo (this Restun. The leaders of the world may come as a shock to many of have changed. "The poetical you). Out there in the darkness, leader, (he man of language, of along with the bars and the thought, has gone; and managers Auditorium, there is a compact of politics have now taken over. collection of concrete classrooms We have no great speakers any known as Ca nisius College. more. I regret this This is an Buffalo's best Catholic College, era of technicians. The more Canisius has Jong sponsored a complicaied the world has distinguished lecture series, become, the more the political funded by the William H. organizers, the men who make the Fitzpatrick Chair of Political machines run, rather than define Science. Mr. Fitzpatrick's where they are going, have taken beneficence has brought to over." Buffalo such notables as the late The result of this change will former President of the United be to "force us to do hard things Slates, the Honorable Harry S. with our minds." Old bonds are Truman; William J. Brerman, Jr., breaking; there is no more trust; Justice of the Supreme Court, and we must learn to understand by Senator Edward W. Brooke. On ourselves the enormously complex March 1. James Reston joined the technology and bureaucracy list of notables, giving a speech on which shapes our lives. In response to a query about "A Political Look at 1973" before a large crowd ofCanisius students the First Amendment and the press, Reston stated that the and alumni. Mr. Reston, vice president of people distrust the press for its the Yew York Times, spoke on negativism, a necessary part of its the subject of change in the role; the President plays on this country, in our relations with the distrust; but the people no longer world, in other nations, in the trust the President either. Thus nature of politics and people. At while the press can expect no comfort, it is not in mortal the center of this change lies the danger. Concerning the current President, and his effect upon the attempts to pass a "shield" law postwar world. protecting newsmen's rights, There is a battle going on in Reston said that newsmen will Washingtonpresently, "a battle to never get a complete shield, and a see whether we will be brought partial shield is worse than no back to the Lord." This struggle shield at all, as it defines where has been joined by the President, the press may not go as well as who is striving for a withdrawal ■vhere it may. "The best shield from the illusions of the past, law is the First Amendment," he from two generations of said: a statement which law progressivism. "You can see it in students may not agree with. the rhetoric of the day: if you Mr. Reston's comments were study the language and give value fairly vague, highlighted mainly to the individual words of the by anecdote and a facile use of President's various addresses since language. Of the Democratic you will Party, Mr. Reston said "the the first of the year see he is saying that we must be Democratic Party, which was doing things; there supposed to be so professional cautious about are limits to what we can do." turns out to be ... a bunch of Reston went on, describing the plumbers .... The party is now process of change in China, in both a cripple and an orphan. It is Russia, in Japan, where new fighting, which is great: it doesn't competition and cooperation are make sense but ii makes news." radically altering the ways in Mr. Reston was not very informative, but he was which nations interact. There has been a personal entertaining. .. - . . . by Ibby Lang The Taming of the Shrew, Studio Arena's current production, is an evening's worth of enjoyment. When it is strong, the production itself holds the audience; when less commanding, the wit and beauty of Shakespeare's language maintains high level of interest and a merriment. Director Warren Enters deserves a good deal of credit for the successes of the production. He has made an outmoded Elizabethan joke into a joke that is playable and amusing today, Shakespeare's audiences, and those that followed for several centuries, laughed and applauded Kate's reduction movement? were well controlled and fitting ot his from sharp-tongued vituperative shrew to character. mealy-mouthed little wifey by her husband-owner I also enjoyed theantics of Gruinio,Petruchio's Petruchio. 1, for one, don't find that a terribly man-servant. Yusef Bulos' execution of this classic amusing plot. Shakespearean clown was wry and not theleast bit Mr. Ent ers' interpretation gives us the overdone. conventional spirited ragings of Katherina and the expected super-self-confidence of Petruchio in the There are faults with the production. The first act. But, when it comes time for Kate's eight-man chorus of Players which sings twice during submission to Petruchio, for him to publicly prance the course of the play was so weak, musically and her about as a spineless wench, Mr. Enters' actors volume-wise, that one wished they had been totally and actresses present what is a much more timely, left out; perhaps, with practice, they will improve relevant if you will, conclusion. Kate, with all of her during the run. A large number of the wits about her, realizes that she has met her wily character-actors were allowed to overplay their roles match. She, and her equally quick-witted he, to the point where they were not funny at all. proceed to flaunt in the faces of all who subscribe to Gremio, as portrayed by Gordon Connell was the the husband-as-master theory of marriage the fact most glaring example, but 1 also found the that those who purport lo subscribe to- the theory limp-wristed Lucentio (Philip Clark) and Hortensio are far from living it, while those ridiculed as (Alan Brasington) rather annoying in (his regard, l! incapable of living it, appear to be thriving under it. also seemed to me that the designers of lights, Kate and Petruchio perform Iheir mockery together. costumes and sets did little to help (he production; They, the smart guys, dupe the dopes, together. She each of those areas was rendered in a singularly is not his tool for displaying his superiority, but his unimaginativestyle. The strength of the two leads and Mr. Enters' partner in demonstrating their common merits. Linda Carlson and Richard Greene do a very direction of them, together with the always admirable job of conveying the strong relationship enjoyable language of Shakespeare, however, between Kate and Petruchio. Ms. Carlson's second combine to make a good-fun theatrical experience. act portrayal is particularly apt as it must be for that The production will run at the Studio Arena through slrength to be conveyed. Mr. Greene is excellent March 25 and tickets may be reserved by calling throughout. His voice isbeautiful to listen to and his 856-5650. Thomas ... cont. from page one ot the persons in the area who might be employable. There are abuses to affirmative action, said the speaker. But he noted some cries of reverse discrimination are the result of persons with hiring responsibilities intentionally misinforming persons, not wanting to tell the truth to those they don't hire, and ■ ijing an excuse for not hiring nioie minorities. But "just because I here are abuses, we don't Bilder cont. from page five "We are moving toward a situation where 'freedom of the seas' has a very different meaning," said Prof. Bilder. He noted the UnitedStates' position is ambivalent. The American navy, for example, sees itself as needing a sea to sail on and "sees this as HYMAN: cont. from page five expansive content that "liberty" in the due process clause had received in the latter part of the nineteenth and earlier twentieth century, encompassing every form of business and business-related contractual activity. Under this broad interpretation of liberty, the Court had felt free to strike down many kinds of state and federal regulation of economic activity. This kind of interference the Court has recently prided - do away with it. We must be vigilant in preventing cancerous reverse discrimination." Mr. Thomas said Nixon's new budget changes and philosophical statements of self-help have not changed the office either by policy or allocations to date. He also noted that the Atlanta office had never had to resort to deferral on contracts as a way of pressuring a contractor into affirmative action. "The continuing federal presence" in the South adds to the pressure of the situation before it reaches that point. He also said contractors are responsible for the affirmative through unions. "The contractor has delegated the responsibility for employing." action And, he said, "in many cases, unions are supportive, more so than some other sources." Mr. Thomas, speaking at the Distinguished Visitors Forum March I to an audience of 40 persons, is Region 4 Director of HEW's Office for Civil Rights. He has been in that office since 1966, having served earlier in various governmental positions and in private practice in Washington, D.C. and in Alabama. leaving it with a bathtub.'1 Wisconsin. Court of Military Richard B. Bilder has been Appeals and U.S. Supreme Court. professor of law at the University From 1957-65 he was an of Wisconsin Law School since attorney on the staff of the 1965. His chief area is Department of State's Office of international law, but he also has Legal Adviser. taught torls, contracts, admiralty About 50 persons attended the and international human rights. A lecture, sponsored jointly by graduate of Harvard Law School, Mitchell Lecture Series, he is a member of thebars of New Distinguished Visitors Forum and Jersey, District of Colubmia the International Law Club. itself on leaving behind. To invoke "iiberty" again as a basis for strict scrutiny of statutory limitations would raise the ghost of the older decisions, and a worry about the possibility of a revival of strict scrutiny of all legislative action and wholesale substitution of 11111icial for legislative policy decisions. To find the new rights which were to be subject to strict scrutiny under a new category of privacy would tend to avoid that possibility. For even with its lack of clear definition at this stage of doctrinal development, the use of the privacy concept and the development of further instances by analogy seems quite in accord with the characteristic mode of judicial reasoning, as depicted by Edward Levi in his Introduction to LegalReasoning. J.D. Hyman March 7,1973 *•** �March 15. 1973 THE OPINION CRyptoGRam Sports by "Kryptos" Each issue in this space a short cryptogram will be presented. The code employed is a simple one that can be "cracked" by almost anyone. No. 2 [key: I am] "Xmqk ume zpumsqlkt on umk Azmoal urn unbiosqqyb, dmh ua blhtjye jpup umk wunhrwlwqkmk oq upqmozqf. lzuz ybzqn tm ume qwj, umn hjt oa ddblv wirpu uv trlbzrrhyy, ddql jyubbod vbicamblo, xjdlqlkj, ufuzmr, kdukzw, fiouh. Opq mje pfybd us opv umj tvgt on umk wunkybzqn, rwj umh bwmxxmsfms khmf pj tcodrrvkj' yy umk wunuzo fcqd." Solution to No. 1: Alas, human perversity transcends the spirit of Apollo. The aching of Rumanian hearts for the exhilaration of human freedom will not be satisfied by the achievement of Apollo. Mr. Nixon's other tumultuous reception was in Warsaw. Back when he was Vice-President. How do Poles fare, ten years later? How will the Rumanians fare in 1979? What can we do for the Rumanians who cheered Mr. Nixon in 1969? As much as we have done for the Poles who cheered him in 1959? William F. Buckley, Jr., in The GovernorListeth The solution to No. 2 will be given next issue. If you think you have cracked the code send your solution to the Opinion and your name will be listed. New Building Note The often delayed move to Amherst has been given a new date according to the latest word from the 11 th floor. It now looks like the Great Trek North will be during August. It is to be hoped that everything will be in order for the start of classes in September. Seeing as how the original occupancy date was last month, your guess is as good as ours as to when O'Brian Hall will house the Faculty of Law and Jurisprudence Amtowaga by Lucius Q. Paddlefast Special. Miss Dolly Rose* member of the senior class at the Grimetown Law School, has just confided to this newspaper that she is quitting her studies in order to devote full time to selling a spectacularly successful bar review course. Miss Rose, ex-editor of the Grimetown Law Journal and an ex-director of the Student Association at the Grimetown Law School, said that she is leaving immediately on a cross-country tour of law schools to promote her bar refresher course. "SURE-FIRE, INC., the company I represent," declared the diminutive Dolly, "has put together an irresistible package for senior law students who are facing a state bar exam. SURE-FIRE's course has been field-tested in six law schools in New York state, and has now reached a point of perfection where we are confident that any student who takes the course conscientiously cannot fail to pass his state bar exam. "Furthermore," went on Miss Rose, "we are ready to back up our assertions with guarantees. Our $500 fee gives enrollees an absolute guarantee that they will pass their bar exam, or their money is refunded in full. "Our fee may be somewhat higher than that of our principal competitor, but only SURE-FIRE offers this unconditional guarantee. "This is such a wonderful deal that I am temporarily sacrificing my own legal education in order to carry this message to law students all over the country. Right on!" Rudolf Schnitzenthaler, professor of New York Law, took a dim view however, of Miss Rose's departure. His comments were both wistful and caustic. "Ach, she was such a good schtudent! She used to sit up right in front of my class in New York Law and take notes and laugh at my jokes was chust like the other seniors! To think that she comparing my sage lectures with those slick SURE-FIRE Rose for "1 don't know if I ever can forgive Miss favor ot a the cause of true learning in pseudo-academic, ersatz gimmick like SURE-FIRE. remaining in my New "I caution all senior scMudents the siren call of York Law course that they should not heed only way to Dolly Rose and her SURE-FIRE schtick. The plus tears, a few pass the bar exam is through bloody sweat, laughs, all of which / can give them!" deserting Huddle 7 From the opening tap, however, Sycamore Court began to show that they were indeed for real. By the midway point of the first half, the Shysters by Douglas G.Roberts found themselves on the underhalf of the Scoreboard. With two minutes left in the half, the boys were down by 13 biggies. But thanks to thehot "Say it ain't so, Stretch!" the puffy-eyed, hand of Ivan Mullan, the Shysters cut the seven-year-old Shyster follower pleaded to the Sycamores' margin to a catchable eight by halftime. bespectacled gentle giant towering two feet above During the halftime interlude, the Shyster him. Fighting back tears himself, Stretch McDivitt players were seared sharply by their head coach, opened his mouth to offer some solace to the Boom Boom Solomon. With a tongue as shajp as his ragamuffined little tyke. But nothing came out of- '■belly is round, Boom Boom accused his charges of the big fellow's oral cavity. Stretch's attempt at unprintable shortcomings. Inflamed and verbalization drew a big zero, just as his attempts at reinvigorated by the halftime hiatus, the Shysters denting the Scoreboard had done in the game just returned to the court determined to punish their completed. opponents for daring to mount such a strong What Stretchcouldn't convey to thelittle fellow challenge. was the painful truth that it was indeed so. The For the next seven minutes, the sell-out crowd Shysters had finally been beaten. The setting for this of onlookers was treated to a near-perfectdisplay of momentous occasion in sports history was the team basketball. With Mullan and Cheech Letro quarter-final round of the UB Basketball Intramural controlling the boards and getting the outlet passes to Dr. D. Roberts, the Shysters fast-breaked the Championship Tournament. Having successfully withstood every challenge Sycamore Court fellows into the ground. Roberts thrown at them from all comers throughout the would invariably hit Fast Eddie McCuen with regular season, the Shysters carried an attitude of pinpoint upcourt passes. Fast Eddie managed to extreme supercilious pomposity into the playoff convert every one of these passes into points. By the rounds. What group of mere mortals could hope to time the harried Sycamore Court team could call for dent the Shyster's impenetrable shield of a timeout, the Shysters had forged into a four point invincibility? Who could hope to avoid abject lead. Had the game ended at this point the Shysters humiliation at the hands of these magnificent would have won by four points. Unfortunately, thoroughbreds? An illustration of the Shyster's there were still better than six minutes remaining to overpowering dominance over the rest of the field be played. was drawn by Alan the Greek Snyder, who expressed Much to their credit, Sycamore Court used its the attitude of the big rollers from Monte Carlo to 1timeout to regroup. The rest is history. They Lackawanna. "There ain't been no surer thing since ! resumed control of the tempo and surged into the Liston-Clay. I'm not even putting the Shyster action i lead with two and a half minutes remaining. Despite on the board." frantic attempts by the Shysters, the Sycamore The playoffs opened with the Eagle Street boys squad stood their ground. As the seconds tickedoff group pitted against a of gentlemen whohad named I it was apparent that the Shysters stood doomed to themselves The Third World. The way the Shysters their firstand only setback of the campaign. blew them off the court made their followerss In the midst of the mournful Shyster dressing thankful that theirheroes had a place to go. room, Cheech Letro alone avoided tears. Letro, who Sycamore Court provided the next hurdle. To) had been forced out of action late in the game after listen to Shyster waterboy Walt Moxham tell it, suffering a kick in his lovingplace, vowed to lead the Sycamore's chances against the powerful Shystersi Shysters back to the Promised Land. As the only were about as good as those of Johnny Tillitson'si underclassman on this star-laden aggregation, Letro's vow seemed a bit illusory. Rumor has it that unless making another golden record. Earlier in the season, the Shysters had humbled I Shyster play is offered forcredit, none of the solemn Sycamore Court by 15 points. Little did the Shystersi grinds of the Freshman class will participate in so know, however, that Sycamore coach Al Skanderett frivolous a pasttime. (sic) had searched the playground of Buffalo and hadI come up with two ringers to add to his already SPORTS BRIEFS: talented squad. This blatantbreach of coachly ethics j Watch for the first annual Alfreda Slominski was graciously overlooked by the supremely confident Shyster management. As Shyster director■ Bowling Tournament. Details as to time, place and of player personnel Arlo Katz smugly opined, "They date have yet to be worked out completely but could bring in Dr. Hook and his entire medicine hopes are that the balls will be rolling shortly after show and my boys would still smother those scumi Spring Vacation. suckers." > • •» , • : Sycamore Knicks Clinch Title powerhouses: the People and the Shysters. This the by Skip Hunter The Sycamore Knicks continued to prove that there's no place like first place as they crippled the Pacers 87-72 Thursday night in Clark Hall Gym to clinch the 1973 IM basketball championship at ÜB. The "Knicks" shot 56.3 percent the first half and woundup with a game percentage of 61.5 after an even better secondhalf (66.7 percent). "Everybody in the box score had a part in the victory," Coach Al Scandrett said. "It was a good game for us and a good effort on everybody's part." The only law school member on the "Knicks" squad is seniorRichard Clark. Clark led the winners with 22 points and helped the "Knicks" open up their lead in the first half by scoring 10 straight points. "We were always in command," Clark said. "We sort of clasted at the end, and as a result they started catching up." The Pacers almost challenged the "Knicks" as they eroded a 22 point lead down to eleven points 81 -70 with 2:15 left to play in the game. But, by that time, they had used their fastbreak effectively to put the game away. Many of their breaks came off of steals which usually ended up with an easy layup. "We made them turn the ball over at crucial times," Clark said. "That's why the number of rebounds was so low." However, en route to their IM championship, the "Knicks" had to contend with two law school "Knicks" did with great success. With 4:18 left in the second qualifying round of the championship tournament. Coach Dick Maigret of the "People" took center Mark "Harpo" Mahoney out of the game. But there were no groansbecause Mahoney was simply in his usual, embarrassing foul trouble. Yes, it was foul trouble again. But it was the greatest basketball game young Harpo has played as a member of the "People," and most of the three fans present at courtside gave the 5-9 star a standing ovation. : Beside Mahoney's stunning exhibition of splendid body control, junior forward Brian Miga scored 8 points and bewildered the "Knicks" on the backboards, pulling down an unbelievable 1 rebound and snuffing two shots, as the Sycamore Knicks ran the People into the streets virtually naked with an 86-22 stripping. The firsthalf in the quarter final round saw the "Knicks" keep the outcome in question as they traded baskets with the Shysters and found themselvesup by only one at halftime, 31-30. Mostly responsible for the Shyster's one point deficit was center Ed McEwan, who was shooting 6-7 from the field and one shot from the foul line for 13 - - points. But after the second half whistle blew, the powerful "Knicks" reasserted their height, strength and speed, and came back strong to win by a score of70-56. �LALUMNI INE BBulETiN oARd STATE UNIVERSITY OF NEW-YORK AT BUFFALO Faculty of Law and Jurisprudence SUMMERSESSION 1973 June 4 to July 30 The summer session schedule has been posted, by signing the appropriate listing for the various Please note that the summer session is from June 4 courses, to July 30 and will be held at the Prudential Building and Eagle Street. You can pick up the form at Shirley's office, We are requesting that students give us an and return it to her office within the next few indication of the courses ihey intend to register for weeks. TU - 8:30 9:00 9:30 l0:00 M.». 10:^0 P fmio 12:30 1:00 1:30 2:00 2:30 ~ ii:m i'. 3:00 SUMMER TASN) [VI f\ 1:23 h— N'lw. 2="- :onst. -AW EVID (inrdon 1:1X1' i4° Jl40 I' lynun Hun i-io Mil FRAC p I : II ' 11:53 12:55 i> h- AW I AW liG0< Mil N'lm1. j:40 Cm m linn* II 15- !•.i QDTdlHI LftW 11(1 '■■«» CRAT TRANS Del PRAC ll.inih CdNBT, L - k™ 'm!h H.imh. I S30IO:2U Fleming LAWlh) 3:30 ROTS. 6:30 I CIV. SLM I LAND TRANS CONTKAITS CRAT TRANS" 1'p■' H H.™h PRAC 1:00. V4U P. PI Joyce CONST. L\WUI Hymn 10:20 i;RAT "' CONS! LABOK LAW Ki^hciy i TRANS *io"I»* 11:40 11:00 11:30 12:00 __- I AND TRANS IMil IK I \W r CONTRACTS 10:30 I LABOR LAW LAND TRANS RA i r It 15 12:55 e2 — by Earl Carrel The 1 lth Annual Law School Alumni Dinner was held last Friday (March 9) at the Buffalo Athletic Club. A good turnout saw diplomas awarded to 15 February graduates and witnessed the presentation of three Distinguished Alumni Awards to Judge Frank J. Luchowski, '37, Clarence Runals, '15, and the late Samuel Battaglia, '27. UB Executive Vice President Albert Somit handed out the diplomas and Associate Judge of the Court of Appeals Matthew J. Jasen presented the awards. It was very gratifying to see the large number of students in attendance at the dinner. For this we must thank some of the more generous alumni and local firms who bought extra tickets and had them distributed to the leaders of variousstudent organizations. At last count there were only 231 paid members of the Alumni Association. This has got to be disappointing in view of the number of attorneys in the Buffalo area, most of whom are UB graduates. To those of you out there who receive the Opinion but who are not members of the Law School Alumni Association, we urge you to send your $10.00 membership dues to: Law School Alumni Association 77 W. Eagle Street Buffalo, New York 14202 Urn INSTITUTE IN CLINICAL LEGAL EDUCATION others. Students elect to participate in two programs The University of Denver College of Law is under the supervision of the College ofLaw's regular offering Its third annual Summer Institute in Clinical and clinical faculty. Legal Education beginning June 11, 1973. The Under Colorado Statute and Supreme Court Institute will be an intensive ten week course, offered as part of the regular summer curriculum, for which the University of Denver awards five quarter hours of credit. Credit is conditioned upon acceptance of each participant's law school. Arranging lor tranfer of such credits will be the responsibility of the individual student. The University of Denver has developed one of the most extensive clinical education programs in the country and has found it has offered out-of-state students who participated in the last (wo years an exciting and stimulating experience. This summer, internships will be offered in such areas as criminal law, family law, juvenilelaw, environmentallaw, and Rule, second and third year law students may represent indigent clients in civil and criminal cases "as if licensed to practice" in municipal, county and district courts throughout the state of Colorado. Under the auspices of the Clinical Education Program, students handle their own cases from the interviewing stage through trial, and appear as counsel ofrecord. Classroom discussion and analysis are an integral part of the clinical experience. Persons desiring further information concerning this Summer Institute please write to: The University of Denver College of Law, Clinical Education Program, 209 16th St., Suite 200, Denver, Colorado 80202, (303) 753-3193. Turn of the Screw by lan DeWaal The Faculty of Law and Jurisprudence in conjunction with the Division of Continuing Education will offer a series of lectures on "Continuing Legal Education" on Tuesday evenings from April 3 through May 8, 1973. Beginning at 7:00 p.m., the two-hour lectures will be open to interested law students on a space availablebasis. Topics for the weekly sessions in order, include: "Recent Developments Affecting the Estate Planning for the Owner of a Closely Held Building"; "The Matrimonial La w yer as Conciliator"; 'The Nationalization of Fundamental Legal Rights Based Upon the First Amendment"; "Personal Bankruptcy Issues"; "Representing the Mentally Disabled New Rules of Client"; and "Environmental Law Standing and Problems of Proof." - A number of students have still failed to pick up their schedule cards on the 11th floor of the Prudential Building. The SARA computer has been known to make insipid errors in the processing of class schedules. Students who are not properly registered and on class lists at the end of the semester may have problems in receiving permission to take the final exam in the courses they are improperly registered for. In addition, please note that fall semester grade reports are now available from Shirley at Eagle Street. "Coffee with Committee" hours will continue 1:00 p.m. in the Faculty Lounge. The various committees of the Law School are charged with formulating policy proposals in their specific areas of interest. Students who wish to find out how policy is made are urged to attend. The Chairman and Committee members will be present lo answer questions at these sessions. to be held Thursdays at student attairs concerns. Anyone who wishes to proof-read the first draft and make suggestions can do so in theDean's office on the 1 lth floor. The bidding process has been amended, the carpet is in the process of being ordered, and the new prediction for occupancy of John Lord O'Brien Hall (the new law building) is mid-August. Associate Provost Greiner has termed the probability of the move from August 6 to 24 as "high." Summer school classes will be held in the current downtown location, Registration for the summer session will begin on April 30 and run to June 4, the day the session begins. Students are urged to register as early as possible. The Financial Aid office is continuing to accept laic applications for financial aid. Late applications will be considered for aid if sufficient funding is received, Lale applications should be returned as soon as possible as they will be considered in order of receipt by the Financial Aid Office. It is never too early to look for a house for next year. The yearly scramble for prime location residences near the main campus has begun. Also, the Amherst Campus area is not noted for its abundance of student-type housing. The Off Campus Housing Office in Goodyear Hall on the main campus continued to post daily updated lists of available houses in the Buffalo area. Additionally, some spaces will be available to law students in the dormitories on the new campus. Information on procedures for making application for space will be available after Spring recess. Anyone who wishes to make prior inquiries can do so by contacting Cliff Wilson, 831 -3322. Finally, students who received letters asking them to contact Dean Mix are urged to do so Dean Mix is in the process of drafting a student immediately! handbook that will discuss the requirements for Have a pleasant vacation. graduation, school policy in various areas and other Anthony J. Vaccaro, '58, a Buffalo attorney who gave up his practice for two years to go to South America as a missionary, died February 23, 1973. * * * * * Samuel Rosenthal, '29, of Buffalo died March 4, 1973. Ira S. Meiselman, '71, died December 15, 1972 plane crash in Vermont. OPPORTUNITIES WESTERN NEW YORK PROPERTIES, INC. invites you to investigate law related positions in Real Estate Sales. Sophomores can earn up to $5,000 per year while attending school if they work full time during the summer recess and part time during the school year. Full time individuals can earn substantially more. .. . .. NEW YORK PROPERTIES, INC. STUDENTS *" now CORRECTION The December 7, 1972 issue of the Opinion was incorrectly numbered 9. It should have been 5. CORRECTION The credit line on last issued smoking article should have read "Reprinted with permission from The National Observer, copyright Dow Jones & Company, Inc. 1972." Classified WESTERN 837-0211 in a Miles, Mahler, Mahavisnu and Monk. "Thermopylae" still performs at the Blacksmith Shop, 1375 Delaware. Saturdays, 10:30 2:30. Art, art music, and arty cuisine. - invest in life insurance while your premium rate low! New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans Lucian C. Parlato, C.L.U. 2510, Main Place Buffalo, N.Y. 14202 Bus. 852-3446 Res. 832-7886 mm /^*\ : Suite ■ ■■ � 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, 1973-03-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/15/1973 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 15:43:00 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/9e44bbcde07ead8ff3b154f86c15e0e6.pdf 3d084cd4d8e2b7d6aeb8c12136472e00 PDF Text Text The Opinion 77 West Eagle Street Buffalo, New York 14202 THE Volume 13, Number 9 A.B.A Lauds U.B. Report 'AIUQ "OJU| Newhouse by Peter Jasen After several weeks of planning, the first State of the School Report will be held on Thursday, April 19 at 1 p.m. in Room 110. The Report was announced as a series of reports, and Report I focuses on the new law school building, John Lord O'Brian Hall. Professor Wade Newhouse with the assistance of Professor Robert Reis will present slides marking the progress of the building. Provost Schwartz will moderate with Assistant Provost Greiner and Dean Mix also present to answer questions concerning the proposed administration of the new facility. The idea to have such a State of the School Report evolved out of the Provost's office in a round of discussionswith several student re presentatives. At those discussions it was agreed that the presentation of a report on the status of the law school, "where are we now, where are we going, and how are we going to get there," was needed in addition to the ineffective Committee Coffees. It seemed that at almost every Committee Coffee, which is an informal meeting with the members of a faculty committee, the topic would always end up as the status of the new building. So the topic for Report I waschosen to generate greater student participation both in this report and in thereports to come. Report 1 will be an hour long presentation solely on the new building. Other topics discussed for future Reports include a report on Freshman curriculum, a report on clinical programs, and a report on placement. No decision has been made yet as to whether each of these tentative topics will be given a full hour on each of the following Thursdays during the speakers hour at 1p.m. The Provost welcomed the concept of a permanent annual or semi-annual report and intimated that it is very likely that there will be some sort of progressreport in the offing once we have moved into the new building. ALUMNI NEWS SEE PAGE 5 OPINION April 5, 1973 State University ofNew York at Buffalo School of Law Provost Announces State of the School S3JABS Non-Profit Organization U. S. Postage PAID Buffalo, New York Permit No. 708 H by E. J. Mandel Buffalo Law School has received generally favorable reviews from the inspection team of the American Bar Association and the Association of American Law Schools that visited the school at the end of October. The recent report was the result of extensive discussions, inspections, and observations made by the three man inspection team composed of William C v nni n gh am, Dean of the University of Maryland Law School, Qui n tin Johnstone, Professor ofLaw, Yale University, and Lawrence Newman, a partner in the New York City law firm of Kaye, Scholer, Fierman, Hays, and Handler,who is also a lecturer at the University of Pennsylvania Law School. The accreditation inspection, the first since 1967, was made at the same time as the general accreditation inspection made of all of SUNY/Buffalo by the Middle States Association of Colleges and Secondary Schools. The report reviewed seven areas of the school, giving background in each area, pointing out strengths and weaknesses, and making recommendations as to improvement in each area. . Law School Administration The report noted the many recent, top-level changes in the Law School's Administration, and was generally praiseful of the quality of Administration that is provided by Provost Richard Schwartz, Associate Provost Greiner, and Assistant Dean Marjorie Mix. The report noted the general favorable support the Administration has received from the faculty, as well as the fact that the alumni have overcome their initial apprehensions about some of the appointments. The AALS-ABA team noted that several glaring weaknesses that are present in the Administration that result from a lack of manpower. Noting the increasing difficulty that law graduates are facing in their search for jobs, the report termed the present professional placement operation as "totally inadequate" and recommended that steps be taken to correct the situation. Also noted as an Administrative weakness was the lack of a full time director of admissions. Pointing out that the U/B Law School received 2425 applications last year, thereport recommended the hiring of a full-time that the administrator, so attention of the student, faculty, who now and administrators handle the admissions operation may be effectively channelled elsewhere. SBA Directors Elected; FSRB Rep Picked; Referenda Held by Earl Carrel A good turnout or nearly 300 students went to the polls last week to elect student representatives to the SBA and the FSRB, and to vote on grading and calendar reform. Although there was a good turnout, it was a typical SBA election with, no publicity, virtually no campaigning and everyone on the ballotwas elected. Wesley Taylor, Neal Dobshin sky, Regina Felton Lester Sconiers, Peter Jasen and Skip Hunter were elected tc directorshipsby the Junior Class the first four candidates being the only names on the ballot and the latter two winning on thebasis ol write-in votes. Joe Gerken hac been elected on the basis of high nirUa.ln tntai kut tli.i ..,,>! I.L- ,i,nw student immediately declined, saying, "I must, due to the heavy pressures of my academic courses, decline this great honor." At least one vote was received by 33 other candidates through write-ins. The Freshmen re-elected Laura Zeisel, Don Lohr and Art Herdzik to SBA positions and added Donna Fossum, Bob Gottfried and Mark Linneman to the roster of their representatives. These six were the only students whose names were on the ballot. Thirteen others received write-in On the question of calendar reform, 253 students voted with only 15 supporting the present class schedule. The vote in favor of a pre-Labor Day start with finals before Christmas was 165 to 46. In favor of an earlier start and end of Spring semester were 157 students with 50 opposed. Students favored a break of approximately one week between the end of classes and the beginning of finals by a vote of 177 to 52. Due lo the vacation of the member of the elections committee charged with tabulating the results of the referendum on grading reform, the ballots for that vote have not yet been counted. Results will be posted as soon as they become available. votes. One vacancy on the Faculty Student Relations Board was filled with David Hampton outpolling Judy Litwak by a 3 to I margin. Once again the winner was the only name on the ballot. Votes were received by 26 additional students. fact that the past decade has seen a tremendous expansion of the Law School, the school's faculty was characterized as "strong." The thirty-four member faculty, after taking into account joint appointments and administrative positions, was found to have a 21 to one ratio with the students, with each professor having between six to seven class contact hours per week. While calling the faculty-student ratio on the high side in view of the plans of the law school, the team found the contact hours about average for most quality law schools. They noted that without an expansion of the faculty, more undergraduate courses within the rest of SUNY/Buffalo should not be taught. Additional evidence of the need for more faculty was shown by the fact that four popular courses contained over 130 students each. The visitation committee was impressed by the many recent additions to the faculty, and was generally praiseful of the classroom teaching, general caliber, and age spectrum of the faculty. However, it was noted that while the faculty pays competitive salaries for a school at this stage of development, the lower end of the scale and high income tax of New York State make pay adjustments desirable. Library Currently the law library contains over 166,000 volumes, and receives 1200 periodicals, operating on a budget of over $347,000 with a staff of nine professional librarians. Stating that the law school library has been greatly improved in the past five years, and noting that the current acquisitions budget is $150,000, the panel stated that the acquiring of 100,000 back volumes of already published works would be a Faculty Continued on Page 3 | While taking cognizance of the Teitelbaum Heads West U. my association with 8., but this opportunity in New Mexico is more than just teaching. The law school works very cJoseJy with the state legislature and often faculty members work on drafting legislation. This is an area in interest." I have '»!Un which Mr. Teitelbaumreceived leave U.B. last He was a great year. 'OJU Fall Semester, at tenure on 1972, during which he was a Visiting Professor at New Mexico. His teaching assignments here have included Evidence, Family by Earl Carrel Law. and a seminar on Juvenile Lee fc. Teitelbaum, associate Courts. He has also taught a joint professor of law at Buffalo since course in the School of Social 1c)7O, has announced his Policy and Community Services resignation from the faculty on Juvenile Courts. Articles in the Journal of effective the end of this academic year. He will take a position on Family Law and the Law and Review are among his Society of the faculty of the University publications and in 1972 he New MexicoSchool ofLaw. A native of Louisiana, Prof. co-authored a book with Vaughan Teitelbaum received his Stapleton, "In Defense of Youth: undergraduate and law degrees A Study of theRole of Counsel in from Harvard and his LL.M. from American Juvenile Courts," and Northwestern. Prior to coming to authored an article, "Some Buffalo, he was a Staff Attorney Comparative Aspects of Pre-trial in the Chicago Lawyer Project and Seizure in Criminal Cases," 5 an Assistant Professor of Law at Revue dcs Droits de VHommea the University of North Dakota 419. He has also been appointed Reporter for the Institute for Law School. "It's been a pleasant learning Judicial Administration of the experience here," says American Bar Association Project Teileihaum, "and I have enjoyed on Juvenile JusticeStandards. 93JABS Davidson Gets Faculty Nod The Faculty Committee on Promotion and Tenure voted last Wednesday, March 28, to recommend Professor Kenneth Davidson for continuing appointment as Associate Professor ofLaw. According to University procedures, the case will now be sent to the President's Review Board on Appointments, Promotion and Tenure on the Main Campus for consideration. (More on tenure, see page 4.) S«vlc« J �April 5, 1973 THE OPINION 2 Presidents Corner Editorial [ suspect that the SBA owes everyone an Unheralded Hero - Newhouse There are always some unheralded heroes never given the proper recognition, and although at first blush a tribute to one of the key coordinators involved in the construction of the new law building seems inappropriate considering the rumored endless delays, it is indeed very fitting to commend Wade Newhouse on his efforts to get us out to Amherst before the Fall. The basis for the commendation becomes much clearer when one realizes that Professor Newhouse has maintained a full teaching schedule, in addition to keeping O'Briaii Hall on schedule. Newhouse will be participating in the State of the School Report on Thursday, April 19th, 1 pm in Room 110 where the focus will be on the new building. We urge you to attend, as much to see Professor Newhouse in action as to glean the information to be made available. —P.J. Volume 13, Number 9 April 5, 1973 Editor-in-Chief -- John - Assistant Editor Managing Editor Staff - Kay Latona Levi Peter OPYNTOIV •*'•^^* 188 |asen -- Business Manager Christopher Greene Photography Editor Christopher Belling Articles & Feature Editor Earl Carrel Otto Matsch, Dianne Graebner, E.). Mandel, Doug Roberts, Kay Buffomante, Dave Schubel, Matt Greenblatt. Wigtil, S. Hunter, Frank The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the Stale University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit apology for surprising you by confronting you with annuaJ rites of spring with somewhat less than adequate notice. The elections and referenda were not intended to surprise. In fact was rather shocked when I discovered that the last issue of The Opinion I mention of the election of upper-class directors, filling of one vacancy on the Faculty-Student Relations Board, and the two referenda. Apparently notice via thebulletin boardreaches only a select few,since by the deadline for filing of petitions few were returned. Even after a week's extension there were still vacancies on the ballot. With all this in mind, we prepared for a typical SBA low voter turnout election. Apparently that prediction was incorrect, probably partially due to the importance of the referenda (which were concerned with proposed calendar and grading reforms) and the return to the two-day balloting procedure which was abandoned last year. Since this article was written during the election it is not possible to state exactly how many of us participated; however, there is little doubt that the turnout should have been roughly twice that of recent elections. The large turnout indicates that there is student interest in proposed reform in the areas of grading and calendar. Hopefully armed with the results of the referenda, we will be able to confront the faculty with what is an actual representative consensus of student opinion and discuss possible reform. Change will not occur overnight, it will only come after extensive research and careful analysis is completed. Certainly it should be realized that the shift to the Amherst campus makes the adoption of an early start/stop calendar difficult, if not totally impossible did not have any Baling expected to be strong student support. Similarly, if there are to be changes requires structure, grading the it more than the in approval of the faculty. of have wondered if there you No doubt many really is an SBA Social Committee. While it may have appeared that there wasn't a functioning committee this semester, I can honestly report that nothing could be further from the truth. Committee chairman John Anderson planned a number of events for this semester. Unfortunately we have experienced considerable difficulty in having funds released from our disbursing agent. We hope all those problems have been eliminated by now and another affair is scheduled for the Eagle St. lounge on the morrow. Problems in funding this year are going to seem minimal compared with the ones we are anticipating for next year. SBA is required to file a tentative budget with the University before it can collect our fees in the fall. That budget is due in a matter of weeks. It is therefore necessary that every organization that is planning to request money next year file a tentative budget with Hugh Scott by Monday, April 16. Any organizations who fail to file by that date can not and will not be considered for funding in the fall. If any organization is encountering any difficulty complying with this directive, please speak with either Hugh Scott or me. next year despite what is RiGHT ON! by Otto Matsch BETTER THAN AMNESTY Now that President Nixon has more or less ended American involvement in Vietnam, the peripheral issues are being focused upon, the two most actively discussed being whelher amnesty should be granted deserters and/or draft dodgers and whether the UnitedStates should pour money into Hanoi's coffers for rebuilding that regime's war machine. Public opinion seems divided pretty much along the same lines as opinion on the war itself. No conventional solution to these problems seems able to satisfy very many people, and some solutions, such as a blanket amnesty, would probably tend to polarize society more than bring people together. Whatis neededis an unconventional solution to this unconventional problem, one that will please almost everyone. Having posed the problem 1 naturally'have the solution. It is necessary first to identify the nature of the problems. As far as giving money to Hanoi goes,it should be noted that the touted figure of $2.5 billion is greater than all the aid given to Japan after World War 11, that Japan then had 3.5 times the population that North Vietnam has now, and that Japan was much more severely bombed than North Vigtnam was. It must aJso be noted that after WW II we gave aid to Japan and Germany to help them rebuild only after their imperialistic governments had been destroyed and replaced with democratic governments friendly to the United States and without military designs on their neighbors. The $2.5 billion is in fact a bribe intended to encourage Hanoi's dictators to abide by the peace treaty. Of course, it won't they are not going to stop trying to conquer work Indochina after 25 years of war for a few billion dollars. The problem therefore is how to encourage the North Vietnamese rulers to be peaceful, and to find a feasible method of implementing the encouragement. The notion of simply throwing money at any problem with the firm conviction that it will therefore disappear is a standard modern American approach. It usually does not work, but the country is so rich that the general reaction is to throw more. This could be described as being caused by the mercantile, money-oriented outlook of capitalistic-pig Amerika, or trTat we are all blinded to the finer things in life and use money to try to solve problems that can't be solved with money because we are afraid of becoming involved and prefer to remain impersonal, or any number of other answers. The fact remains that not all problems can be solved by money, and the problem of getting the Hanoi regime to be peaceful is one of them. The second problem is how to deal with the - deserters (this term will be used here to include draft dodgers). There are about 7,000 to 10,000 of them, mostly in Canada. (Sweden says it has 602 of them.) To grant them amnesty would mean to forgive them of their crimes, to let bygones be bygones, to allow them to return to America without criminal penalties for desertion. The moral implications of amnesty are that the grantor, in his generosity, recognizes that the grantee was in the wrong when he did his foul deed, whatever it was, but that the grantor is now willing to foregopunishing the grantee. The grantee on his part recognizes that he erred in the past. In short, amnesty means that the grantor was morally right all along and the grantee was morally wrong. But with these deserters there has been a moral inversion. No reporter has yet found, among the hundreds of deserters who have been interviewed, a single one who said he deserted for any reasons other than the heinous immorality of Americaninvolvement in the war. None said they deserted because they were cowards, or criminals, or were communists, or misfits, or were themselves immoral. Or so they said,, in all those tear-jerking articles about the forced exile of America's finest youth. Almost unanimously the deserters have said they do not want amnesty because they do not want to be forgiven, and they do hot want to be forgiven because they feel they have done nothing wrong. They say they were morally in the right, and that everyone else was immoral, especially Lyndon Johnson, the Peace Candidate. Some have condescended to forgiving America, others have said they prefer to live in Canada, and will never return to brutish, piggish, war-mongering, racist, imperialist, ignorant, insensitive, uncultured, nasty oV Amerika. The problem really is how, in relationship to the deserters, to resolve the conflict between a self-righteous sliver of society that feels America is Amerika, a basically immoral country, especially in its Camelot-inspired involvement in Vietnam, inhabited and ruled by red-necked, hard-hatted fascistic barbarians, as opposed to the rest of us, who think that the country is basically moral and inhabited by basically good folk. With this clear perception of the basic conflict a solution to the problem which satisfies everyone becomes apparent: Amnesty should not be granted to deserters and money should not be given to Hanoi. The deserters do not want (o be forgiven and most people do not want to forgive them. The deserters want vindication, which cannot be achieved via amnesty. The right solution is to ship the deserters to Hanoi to help the regime tiiere in rebuilding theirsorry country. In North Vietnam they can be appreciated and vindicated by a grateful regime for their heroic resistance to whatever they imagine they resisted. Also, by sending these noble spirits to Hanoi, America will avoid its normal practice of trying to bjiy its way out of every jam instead of becoming personally involved. Instead of just sending the poor darlings in North Vietnam a mere bundle of filthy lucre we will be sending them our finest young men. What greater sacrifice could America make than that? What could be finer, nobler, more liberal? This solution satisfies all protagonists on all sides of the issue. The deserters will be happy because they will be vindicated, while society at large will be happy because the deserters have not been forgiven. Those who are opposed to aiding the Hanoi junta will be satisfied because Hanoi can make little use of the deserters for aggression on imperialism. Those who favor aiding Hanoi will be happy because we have sent them something more valuable than mere money. And the self-righteous haters of Amerika will be pleased by the recognition of the deserters as the cream of America's finest young men. Best of all, peace will surely come to Indochina as the kindly and gentle deserters spread the gospel of peace to the war-weary people of North Vietnam and demonstrate by example of their own moral superiority over the rest of us. UP YOURS, PHIL Except for an uncertain number still held for future ransom demands, all of the POWs are back, and their tales of horror are beginning to be heard. They tell of torture, murder, starvation and other forms of maltreatment at the hands of their communist captors. One returned POW has formally requested that the United States charge North Vietnam with war crimes and violations of international law. Our domestic appeasement lobby has not been heard from lately concerning the POWs. (Oh, blessed silence.) Possibly this is because some of the returning prisoners have accused them of prolonging the war, probably because many of the appeasers silently agree with Father Philip Berrigan. Berrigan, the outspoken saint, has broken the silence of the appeasement clique and further exposed himself and the rest of that coterie as traitors to humanity. In sermons to the faithful Berrigan has denounced the POWs as war criminals and otherwise indicatedhis dislike for them. It is difficult to express any reaction to Berrigan's hateful statements other than disgust, and my printable rejoinder to his bile is short: "Shove it, creep." �April 5, 1973 THE OPINION Morgan Heads New Law Review Editors 3 Student Leads Franklin Fight The controversy surrounding A new Board of Editors has the denial of reappointment for been chosen by the Buffalo Law Pro f c sso r Mitchell Franklin, Review. In a meeting over the whose Philosophy of Law course Spring vacation, the 1972-73 is consistently popular here Board, headed by David Sands, despite the absence of material E ditor-in-Chief, picked Vince value for the bar exam, continues Morgan as the Editor-in-Chief for to muddle uncertainly. The the 1973-74 volume of the law President's office of SUNY/B has review. In addition, Michele resubmitted its original request Heffernan has been named for extension of Professor Managing Editor. The rest of the Franklin's waiver of mandatory new editorial staff includes: retirement, but pending new word George Neidich and Mark from Albany, rumors have F i nke lstein, Articles Editors; reviews. I think this year we can York State as contemporary replaced facts. Philip Levine and James Clute, identify the perimeters of our problems of value which students Junior Terry DiFilippo, a dual Research Editors; Carl Reynolds, endeavor: look for law-related Inflated. degree candidate in Philosophy Technical Editor; Terry DiFilippo, articles from people outside the Despite the we ighty and Law, has led the campaign for Sue Ginsberg, and Barry Taub, profession; solicit 'thought papers' importance and grueling demands renewal of Professor Franklin's Case and Comment Editors; and unresearched but carefully of the work they do, the students reappointment. In his role as a law Donald Conover, Business Editor. considered ideas on problems; and of the law review retain a wit and student and a Graduate Student The first duties of the new foster more interplay between camaraderie rarely found among Association Senator, he spoke Editorial Board will be to student ideas and professional Buffalo law students. Contrary to with the President about the the stereotype of pinstriped massive student outcry against supervise the annual essay work." competition which will determine Shelly Heffernan, the Managing dullards, all 24 going on 40, the terminating Dr. Franklin's which of this semester's freshmen Editor-designate, elaborated on new Board of Editors mixes appointment, and was and -women will be next year's these themes. "While we intend to humor into the checking of instrumental in sending to the candidates. In the next few weeks, continue to increase our standards footnotes. Soon freshmen will Office of the Chancellor in freshpeople will be encouraged to of quality, we intend to explore have an opportunity to join their Albany a packet of enter the competition and join the new areas, ask new questions. The ranks. They deserve your recommendations, including name of a contributor is always consideration. review. letters of support from the GSA you know an Vince Morgan, the new important and the SBA. In addition to Editor-in-Chief, stresses the established person will have championing the cause of Dr. possibilities for expansion of the something to say but the ideas law review. "We've been presented are the essence of any A relatively tight State University improving every year, getting contribution." Asked about the budget, coupled with some on adm ini stralive and collective better articles and attracting more freedom afforded the students on important contributors. Now is the review to explore their own quite properly bargaining problems regarding the Mandei has Mr. the time for the review to take ideas, she commented, "We want stressed elements of the status and classification of off; we can take current issues our staff to develop their own ABA-AALS report which are of non-teaching professionals may which haven't been discussed and ideas and fields of interest. Most special interest to the student hamper our efforts in this regard. analyzed in relevant ways, and candidates have difficulty body, and 1 have only a few Faculty We will not be able to develop valuable insights into initiating valuable, research topics comments to add. expand our undergraduate themwhich will help professionals in the first semester; then we Law Student Administration We offerings without an increase in both in law and elsewhere." assign topics or cases. But we look are working hard to secure staff faculty. Indeed we may have to Morgan pointed out that "big for students who will be able to for placement, alumni relations, contract our offerings slightly names" don't always mean good contribute as much as possible." and admissions* We are preparing next year. Although many J.D. contributions. "We want to She pointed to work by new a new budge t request which students are concerned about this eliminate the mediocrity and editors in the fieldsof Indian legal includes positions for a placement "drain" on our faculty, it is in stodginess that pervades all law problems and land reform in New officer, and an admissions officer, fact a very small claim on the - — — Dean Comments A.B.A. Report - ABA Lauds UB Continued from Page 1 significant step that could bring thel U/B Law Library into the ranks of excellentlaw school libraries. Impressed with the educational background of the professional staff, despite its relative inexperience, the committee recommended the hiring of a professional reference librarian, as well as a new acquisitions librarian and chief cataloguer, plus additional nonprofessional supporting staff. The working relationship between the UniversityLibrarian andLaw Librarian was praised, although that it was noted that a new University Librarian has been appointed. Further, the report noted that the law school could be severely handicapped if it loses effective control of its own library. Curriculum After examining the course of study offered, which culminates in the J.D. degree, the law school's only degree, and the grading system, as well as the success of U/B graduates on the New York bar, the visiting committee concluded that a sound professional program of traditional law courses was available. They also concluded that significant strides had been made in the variety of electives, interdisciplinary, and clinicalprograms offered. Highly commending the joint degree programs offered in conjunction with other SUNY/Buffalo Faculties, the committee noted that theactivist nature of the clinical programs in the community may create a public relations risk of adverse reaction to the school when its need for community support is high. The committee concluded its discussion of the studies at theLaw School by recommending additional required writing courses as well as the institution of a mandatory moot court competition. Student Body The class of 1975, 202 strong, with a grade point average of 2.8 and median median LSAT score of 606 is part of a student body that has expanded from 430 to 620 students in the past five years. Anticipating the move to the new Amherst facilities in September, 1973, the committee sees an enrollment of between 800-900 in a few years. The committee noted that the current law student body contains 90 minority students, mainly Black Americans, and 65 women, both up sharply from five years ago. Almost half the student body comes from downstate New York, again representing a dramatic change from five yearsago. The committee discussed at length the minority admissions program, whereby thirty-five places are held for students who meet the program's requirements, noting that admission standards are different for these students from demonstrably educationally and economically disadvantaged background. When the students do not pass the program's automatic admissions standards (3.5 GPA or 550 LSAT), the Minority Affairs Program Committee is charged with determining whether that person shouldbe admitted on the basis of his improvement in undergraduategrades, and the student's attitude abouteducational success. The commission concluded that the student body is in satisfactory condition after extensive discussion with students, the Student Bar Association, and various - otheractivities. The committee noted high student participation in the formation of law school policy, extensive representation on committees, and wide range of extra-curricular offerings. The report did mention that many students are very badly financiallypressed, and their academics could be seriously injured by the needed outside work, c specially if they were marginally academic. Further, it was suggested that a greater emphasis on recruitment at undergraduate institutions would enhance a greater diversity of student body. Finally, the committee recommended a top scholar program, such as that at NYU, which has the Root-Tilden program that attracts top student talent through large grants. The purpose of such a program would be threefold: it would attract high caliber faculty, add to the academic strength of the student body, and "wouldhelp remove the somewhat defensive attitude of the students as to their abilities." DiFilippo Franklin and pursuing two postgraduate degrees, DiFilippo was recently named a Case and Comment Editor for the 1973-4 Buffalo Law Review. DiFilippo is hopeful that some kind of compromise can be effected to reconcile the need for mandatory retirement with the exceptional case of Mitchell Franklin. Possibilities which have been mentioned include reappointing Professor Franklin for one semester, and granting him Emeritus status. In the meantime, the career of a professor who is generally considered to be unique hangs in thebalance. total faculty time. Only five faculty members taught undergraduate or graduate courses outside the J.D. program during the 1972-3 year, and no one of them devoted no more than a quarter of his time to that effort. Library The Library has been allocated substantial additional staff for 1973-4, and many of the problems in the library will be resolved by the availability of space in the John Lord O'Brian - building. - Curriculum We are carefully Continued on page 12 .. with the criteria of the Association of American Law Schools, the committee found that the school is "well established and educationally sound with one of the most promising futures of any law school in the United States." Comparing it favorably to most of the state law schools in America, the committee noted that there is "a serious question, however, as to whether or not it will realize its full potential and in scholarship, professional training, and community service become one of the half dozen or so top law schools in the United States." Noting that U/B Law School is the state law school in one of the nation's most populous states, the group stated that few established American law schools have a chance to move ahead dramatically but that "the law school at Buffalo is an exception to this." compliance The primary factor, reported the group, in whether the SUNY/Buffalo Faculty ofLaw and Jurisprudence realizes this great potential depends in large part on the university administration, both in Buffalo, and Albany. The committee stated that the amount of money to make SUNY law school reach its full potential is modest. Physical Facilities Noting the present Eagle Street-Prudential complex as grossly inadequate, and hopelessly overcrowded, the committee praised the work of Professor Wade J. Newhouse who has devoted thelast eight years to the design of the new John Lord O'Brian Hall. Calling The committee concluded by stating the new building one of the finest law that the move to the new Amherst facilities buildings in the. country, the committee will provide a new attitude of the student found the $9,000,000 investment a and faculty, helping them overcome the hopeful indication that the state intends to apologetic and defensive attitudes that support the school in a way that will some hold about themselves and the school enable it to use all its facilitiesavailable in as being provincial and second-rate. The the new Amherst quarters of U/B Law new building, plus the new attitude, as well School. as the needed additional monies, could make Buffalo Law School in the Conclusions committee's words, "one of the nation's Finding the law school in full outstanding law schools."' �THE OPINION 4 April 5, 1973 CENTER center, as no insurance company would insure a gay organization. On March 23 a fire totally Furniture is needed. destroyed Buffalo's Gay Services Mail contributionsto: The highlight of the evening frequent subject of praise by his In what was hailed as a Center. Gay Law Students wasone FIRE FUND presentation of the first colleagues. Mattachine Society of the tradition-breaking event, the was the W. Webster Memorial of the organizations whichused the In other ceremonies, former Buffalo Law Review held its Charles facilities of the Center, which was Niagara Frontier Editor-in-Chief, David Sands, was 16, Award to senior Barry Bassis. banquet Friday, annual March operated by Mattachine Society. P.O. Box 975 Ellicott Station 1973, at the Lakeview Hotel, Professor Webster, associated with presented with an engraved desk Money is sorely needed for Buffalo, New York 14205 N.Y. The event the Law School in the early set by the members of the furnishing and equipping a new or given to Bob Brosius, Lakeview, installment 19S0's, was instrumental in outgoing Board of Editors. He Chairperson ofGay Law Students. officially marked the of the Review's newly elected inaugurating the Buffalo Law also received a paddleball racquet Board of Editors and Senior Review and advising its first from the new Board. Vincent Members. (See article on page 3 editorial staff. His activities on Morgan, current Editor-in-Chief, SCHNITZENTHALER v. ROSE of this issue.) Rejecting the behalf of the Review were explained that encouraging the the only way typical banquet bill of fare and described by Professor and former athletic activity was out of the office. In a (2 New York Emergency Court 351; dispensing with a post-meal Dean, Jacob Hyman, as a "labor to get David Walter Widewaite. PresidingJustice) speaker, those in attendance of love." Understanding this confidential interview with this sampled the renowned Lakeview characterization of his efforts, the reporter, Sands confided that he Plaintiff Rudolf B. Schnitzenthaler is a professor of New York smorgasbord and danced to the Review has memorialized mistook the gift as a snowshoe, to erstwhile student Law at the Grimetown Law School. Defendant is an music of the rock group, Waves. Professor Webster in an award replace the one he lost on (here who dropped out of school to promote a "barrpfresher course" An unexpected terpsichorean given by the membership to honor Franklin Street during the created by SURE-FIRE, Inc., a New York corporation. blizzard. treat came when several unique outstanding contribution and November In the spring semester of 1975 the plaintiff sought a "class Nevertheless, all in attendance demonstrated by service by a senior staff member. were steps senior Rose, allegedly Miss behalf of his entire on injunction" against The award's inscription reads: at the banquet conceded that it Shelly Repp. class in New York Law. to prohibit Miss Rose or any other agents of Banquet guests included "With admiring appreciation for was a most successful and her employer, SURE-FIRE, Inc., from using the premises of the Provost and Mrs. Richard singular dedication and devoted enjoyable affair. As one member Grimetown Law School for iheir-pfe-recorded "tape" review sessions. Schwartz, many members of the effort in the service of the put it, "You know you've made a In petitioning the tower court for his original restraining order law faculty, and several former Review." Recipient Bassis, who hit when a certain highly-iegarded against ihe bar review sponsors, Prof. Schnitzenthaler contended that Review editors now engaged in served as Research Editor during tax professor stays until one his own course provided more than enough information for his privatepractice. the past year, has been the o'clock in the morning!" students to pass the bar exam, and that taking the SURE-FIRE out money." pointed of and Plaintiff that time program was a "waste many seniors had been "lulled Into a false sense of complacency" by SURE-FIREs guarantee to refund the $500.00 fee to any subscriber who failed the bar exam. He submitted a sworn affidavit that he had by lan deWaal observed a number of his students go so far as to doze off during the Often confusing, more often unknown, the of Trustees" are subsumed under the heading course of his lectures, in spite of the fact that all his lectures are crammed full of necessary and interesting legal doctrine and are hiring and promotionpractices ofa university do not "Procedure for Academic Promotion." The liberallysprinkled with humorous anecdotes and comments. usually come under scrutiny until a favorite guidelines mandate a consideration of a professor's Plaintiff alleges that the proximate cause of the drop-off in professor is dismissed or denied tenure. Yet, both mastery of subject matter, effectiveness in teaching, student attentiveness in his class is the false hopes held out by the hiring and promotion criteria for the Faculty of scholarly ability, effectiveness of University service, SURE-FIRE, Inc., and the assiduous promotion effort of Miss Rose Law and Jurisprudence are clearly outlined in the continuing growth and length of service, though no Faculty's bylaws and in the "Policies of the Board of minimumis required. and her co-workers. Plaintiff insists thai his cause of action should take the form ofa Trustees" of the State University ofNew York. Promotion of a faculty member must be class action, because the future fortunes of his entire class of 200 Appointments to the School's faculty are approved by a majority of those members on the considered by the standing committee on Promotion and TenureCommittee whohave a higher seniors are at stake. Defendant interposed a motion to dismiss the action under appointments which is chartered by the bylaws of faculty rank than the current rank of the candidate CPLR 321 l(a)8, attacking the method of serviceused by the plaintiff. the Faculty. Membership of the committee consists under consideration. The granting of tenure musl be Defendant Dolly Rose on Feb. 15, 1973 was giving an outdoors of the Dean, ex officio; four faculty members approved by a majority of ail members of the sales talk on Ihe campus of Sunsplash University in Arizona. She was elected annually Tor one year terms by the faculty at Promotion and Tenure.Committee. This. Committee exhorting members of the senior class of the law school there to buy large; and three students selected by the StudentBar which reports to the President of the University is composed of the Dean who serves as chairman and SURE-FIRE's review program. Suddenly a helicopter appeared in the Association. blue skies above, and the nexl thing Miss Rose and the others knew a Three sub-committees do much of the legwork all members of theFaculty having tenure. shower of paper leaflets descended upon them. Curious to know the of the Appointments Committee: Subcommittee on All recommendations for promotion and tenure message of the mysterious missives, Miss Rose picked one up and read Minority Appointments; Subcommittee on Women are reviewed by the campus President before being forwarded to the Chancellor of the State University it. It turned out to be a summons and complaint in the present action. Appointments and the Subcommittee on Ten. Although the summons named a "Rosie Doll" as the defendant, and The subcommittees on Minority and Women for finaldecision. this was urged by defendant's counsel as a fatal defect of the Appointments actively recruit professors in their Now the scheme of promotion gets complicated. summons, this court chooses to overlook this inversion and to categories by reviewing the law teachers directory, There are a number of ways that an instructor can be characterize it as a mere case of idem mnans. contacting acquaintances and members of other promoted or rehired. The initial appointment of a Meanwhile, back at the Grimetown Law School, (he faculties, and interviewing at the annual convention faculty member is most often for two or three years. plaintiff-professor, in another bold move, secured a court order in of the Association of American Law Schools After the first year of a two-year appointment or the conjunction with his initial injunction against the tape review (AALS). The Subcommittee on Women second year of a three-year appointment, the company, which authorized sheriffs deputies to attach any and all Appointments additionally sought aid from the instructor must receive notification as to whetherhe "tapes" of SURE-FIRE which might be found on the premises of the Committee on Equality of Opportunity for Women will be reappointed, promoted or dismissed after the law school. in the Legal Profession (AALS) and is currently last year. At 7 p.m. on the morning of February 15, 1973, a squad of awaiting publication of a "Women Lawyers; An Assistant Professor automatically gets tenure sheriff's deputies staged whai amounted (o a lightning raid of the Supplementary Data to the 1971 Lawyer Statistical after serving seven years on the Faculty. An Associate Professor, however, can only receive one student locker room at the Law School. Showing a search warrant to a Report" by the AmericanBar Association. burly custodian, they bowled him over and proceeded to pry open The Subcommittee on Ten is considering only three-year term appointment. After that, tenure student lockers looking for ihe bar review "tapes." Two SURE-FIRE those ten appointments to be made during the must be granted or he will be dismissed. Therefore, if tapes, one on Admiralty Law and another on Pre-Neanderthal Law coming years which are slated for persons of joint an Assistant Professor is given an original three-year were uncovered by the law enforcement officers, and confiscated by law and social science competence. No active term appointment, followed by a three-year term recruiting is done by this Subcommittee. Rather, it appointment as an Associate Professor he must be them. The basic question of law presented by this suit is whether an considers only paper files submitted by the given notice after his fifth year on the Faculty eminent academic authority on New York Law. such as the plaintiff Appointments Committee as a whole. whether he will be given tenure. If tenure isn't undoubtedly is. can prevail in a proceeding on behalf of his pupils to After the deliberations of the Appointments granted, he has a year to seekalternate employment oust a "pre-recorded conglomeration of lecturers," as described in Committee are complete, the names of successful at another school. plaintiffs brief, from Ihe premises of the law school building where candidates are forwarded to the faculty for approval. If an Assistant Professor is granted an initial plaintiff holds sway. In deciding this matter, we must restrain our own Two thirds of the full voting faculty must vote three-year term appointment, followed by a second sympathies toward the young, attractive defendant, and judge the favorably before a name is forwarded to the three-year term appointment, if a third three-year administrationof the University for appointment. matter solely on the merits. appointment is forthcoming, he will automatically Once a professor has been appointed he has a receive tenure. However,he can lose his appointment In regard to the first issue, we hold that the manner of service, though novel and unprecedented,ought to be allowed. It is about time "term appointment." He now enters the second after the second term if so decided by the that the stuffy confines of the CPLR as lo permitted methods of phase of his evaluation procedures. This matter is in Committee. service, were breached. Service by helicopter is a modern device the province of the Committee on Promotion and worthy of incorporation into the CPLR and wo are indebted lo the Tenure, Under this committee is the Subcommittee Once an Associate Professor has been granted plaintiff for blazing the trail for us in this important aspect of civil on Visiting Committees which appoints Visiting tenure, his position will be secure and he may be "tapes" the However, attaching faculty as the manner of Committees for each to procedure. member which sit promoted to fullProfessor at any time. Finally, the Board of Trustees has determined secteled in student lockers, we agree with counsel for the defendant, continuously. Consisting of three tenured faculty members that a mandatory retirement age of 70 be Mr. Herman Weiss, that defendant's 4th Amendment rights were impermissible incursion into and two students each, the Visiting Committees are implemented. Article XV of the "Policies of the violated. The sheriff deputy raid was an Ihe privacy of defendant and her employer-corporation. The responsible for visiting classes, evaluating teaching Board ofTrustees" states that Ihe appointments of therefore have to and Pre-Neanderthal and bringing together materials on the candidate. faculty members reaching the mandatoryretirement tapes will Admiralty confiscated Currently, of seven Visiting Committees, only three age may be returned to the defendant. be renewed annually for one-year terms ought this be have their full complement of student upon approval of the Chancellor and the Board of to case In the interests of justice, we believe rehearing. representation. for a So ordered. Trustees. remanded to the lower court Lucius Q. Paddlefast The guidelines for promotion end tenure t r4 Such is the "statutorily" defined life and death Court Reporter out lined in Ar tick1 XII of the "Policies of the Board of a Law School faculty member. *«—■-. Law Review Honors Barry Bassis GAY SERVICES DESTROYED Amtowaga Promotion & Tenure ...... ,„ �April 5, 1973 THE OPINION LALUMNI INE by Earl Carrel Alumni Association membership increased by three the past month and now totals 234. You can joinby sending in your dues. Please use the couponat the bottom of during this page. * • • * • A reminder about the Continuing Legal Education program sponsored by the Law School and the Division of Continuing Education at U.B. The first lecture has already gone by, but there are still five more to go. For more information call 831-4301. (Law Students Free) * * * � � Almost everyone who attended U.B. Law School from 1957 to 1971 knew Marion Dean. Mrs. Dean, registrar at the Law School for 14 years until her retirement in February, 1971, died March 21, 1973. She came to the Law School during the time when it was a private school, stayed through the merger with the State University of New York and saw the beginnings of the great growth of the 19705. Professor Jacob Hyman, former dean, has called Mrs. Dean "a very capable, dedicated woman who had a very clear idea of the operation of the school." * * � * * The political year has begun again and many of our Alumni are running for various offices. To all of them we extend our best wishes for successful campaigns. *****lawyer in Buffalo, died Albert M. Kraus, '23, retired 1973. March 4, ***** William K. Buscaglia, '29, has announced his retirement as Erie County Finance Commissioner. ***** Michael G. Wolfgang, '53, has been appointed assistant New York State attorney general in charge of the Western New York area. ***** Alan S. Birenbaum, '67, has formed a law partnership with offices in Rochester and Brockport. The firm will be known as Birenbaum and Vorassi. ***** Ronald J. Axelrod, '69, has become associated with the Rochester firm ofWeiner & Lawrence, P.C. ***** Daniel E. Seaman, '71, has returned to Western New York after serving, along with his wife, on the Rosebud Indian Reservation in South Dakota. The couple spent one year in the VISTA project. ***** Theodore J. Mlynarski, '72, is confidential law clerk to Broome County Judge Stephen Smyk. 5 Letter From President Gridley Dear FellowAlumni: instruction given competently by fellow The year 1973 has already proved itself to be a practitioners with demonstrated proficiency in their of for the Law School: year promise expectations of fields. Nevertheless, the law school continues as the occupancy of the new building on the Amherst fountainhead of serious learning where the same Campus are rapidly approaching reality; our Law subjects appropriately may be studied in greater School continues to gain prestige as recent depth and with more academic thoroughness. Our accreditation moves it among the nation's top law school has assumed such a role and may be schools. The student body is expanding in numbers, expected to continue to do so, and to expand talent, and geographical distribution throughout the programs valuable to the practitioner, provided the country. Against this backdrop, the Law Alumni school is informed of the practitioner's needs. Finally, it is the student body which most needs Association cannot help but assume a more important role in its service to the profession, and and desires contact with the active bar. In a short this properly service would appear to be a stronger three years, the student's concern rapidly shifts from liaison between the graduate practicing lawyer and mastering the subjects presented to him, passing the his law school. bar examination, and finally, job placement. In alt The Faculty of Law and Jurisprudence wants too short a time, he is expected to become steeped and needs to know thereaction of the practicing bar in thelaw, but in that timehe has minimal exposure to its curriculum and ultimately its finished product. to the realities of practice. Over the years, the merits The accusation of ivory tower disinterest can be of legal internship have been hotly debated, but the leveled at both camps, if neither makes an effort to conclusion remains that yesterday's student is maintain effective lines of communication and to today's lawyer with all the indicia of competence exchange informationrelevant to each of them. That and good judgment which the public is entitled to the law is not static is a truism, but the changes expect. Historically, the first year or two after represented by new statutory and case law, to which graduation is looked at by most lawyers as the classroom is very receptive, nevertheless may be internship, but the students themselves have slowly absorbed in practice because seldom, if ever, recognized the need for exposure to the vicissitudes does the law turn its back on what has gone before. of practice before they enter it. In this respect, wi'h The Faculty needs and values a continuing dialogue faculty help, they have become seriously and with the practitioner as to theproper thrust of the effectively engaged in clinical programs during law academic program which they conduct. school, primarily giving aid to the indigent. These are The practitioner, on the other hand, must value highly commendable programs, serving the needs of the academic and scholarly input which can come the indigent client, the community, and the student only from places of higher learning. A busy practice who gains valuable clinical experience. It is in this suffers from inevitable specialization, whether by area that the practitioner can be of particular help to choice or by chance, and the demands on one's time the student by giving of his advice and the benefit of seldom permit a thorough or enlightened his experience whenasked. examination of new developments outside one's own It is the objective of your Alumni Association to area of interest. The infusion of new concepts on a maintain the bridge between your school and its regular, continuing and reliable basis must come graduates. Through your board of directors, that through the law schools to its students, who bring should mean a fruitful relationship between the new knowledge and fresh ideas to the profession faculty and students on one hand, and the practicing annually as graduates. As in any endeavor, a lawyers on the other. The Associationlends financial continuing supply of intelligent, well-trained new support, to a modest degree, to those programs graduates is the necessary regeneration of the life carried on by the students and the school which are blood of the profession. It is the duty of the felt to be beneficial and constructive. The Law practicing bar to see that this new talentis properly AlumniAssociation is not another bar association: it assimilated in its ranks if the regenerative process is ; is a vital link between (he fields of training and to function fully. If the practicing lawyer feels a accomplishment, with an ear cocked perceptive to proper concern for the product soon to join him as a change. The continuing financial support of all colleague, whether as opponent or associate, that alumni is urgently requested, and your continuing concern should commence with the day the student interest, whether individually or through your board of directors, is earnestly welcomed. enters law school. Very truly yours, In the area of continuing legal education, we are faced with a proliferation of "how-to-do-it" JohnH. Gridley, President . Court Threatens Reporter's Sources ***** Continuedfrom page 10 The case for an absolute privilege in the trial itselfis a little harder to make, because there any limitations on the privilege are subject to greater safeguards against abuse by the proponent of disclosure. The trial judge could, for example, require that the proponent demonstrate that the reporter's testimony is unmistakably relevant, and that it What do the following men have in common with reference to critical and not cumulative,and the State University of New York at Buffalo Faculty of Law and is if necessary could scrutinize Jurisprudence? evidence in camera to weigh Prof. William M. Beaney probative value against damage to President Robben Flemming the reporter's relationship to Prof. Leon M. Liddell sources. The difficulty comes Hon. Reid S. Moule when one tries to decide exactly Bethual M. Webster how the privilege should be Prof. Clarence Ferguson limited. Both friends and enemies JusticeWilliam J. Brennan, Jr. Answers may be submitted to the Opinion. The correct answer and the names ofany winners will be announced. state Thomas G. Sellers, '72, is a Lieutenant in the U.S. Army and has graduated from Artillery School at Ft. Sill. OPINION QUESTION BOX '72 Grad is #0 City Court Judge las" Salamanca. , Class Year Dues: eiAftn j $10.00 things than thai have produced conspiracy trials. Again, qualifications of the privilege means that lawyers and courts will be tempted to open it up; this produces uncertainty, which promotes suspicion in the sources. "Who do you trust?" The basic issues, then, are whether reporters can be trusted toassert an absolute privilege only when it is vital to their relations with sources to do so, and whether prosecutors can be trusted not to try to pry open limited privileges in order to harass reporters. In the present political climate, I personally would (rust the reporters more. Robert W. Gordon, an assistant professor of law at SUNY/Buffalo, was formerly a reporter for the Louisville Courier-Journal andNewsweek. I University of New York at Buffal° Law School Alumni Association *7Q School, ThomasC. Brady, a 1972 graduate of the SUNY/B Law L. Keed. has been appointed City Judge in Salamanca by Mayor Keith Kelley who L The young attorney succeeds former Judge Thomas bench. Judge Brady retired month after more than 26 years on the >mmediately was admitted to the Bar February 20. He began his duties j after being sworn into office. Hutcheson in He is associated with attorney Homer A. of limitation can put thehorribles on full-dressparade. The qualifiers imagine the reporter standing by as Don Vito Corleone garottes Barzini, or hearing Don Vito's confession to the murder, but asserting a privilege not to speak in the trial of an innocent parly. The most frequently advocated qualification on the privilege therefore is that it be unavailable if the reporter has actually witnessed a crime. The absolutists would probably reply (hat serious crimes are rarely committed in the presence of reporters, and if they were, the reporters would not then assert a privilege. In practical effect, they would argue, the qualification is a prosecutor's loophole. Reporters barricaded with protesting Indians may see them destroying government property. Or they may hear Abbie Hoffman tell seven people of his plan to strip all U.S. policemen and paint them blue; stranger Name Address Mail to: Law School Alumni Association 77 West Eagle Street Buffalo, New York 14202 *7 A { gif j J �April 5,1973 THE OPINION 6 Court Threatens Reporters' Sources by Robert The Press Needs a Shield by Gordon Elwood Wardlow Buffalo Evening News Managing Editor, Assistant Professor ofLaw 11 is not good for the press to be too much in the news. It is their There's no particular misfortune that the issue of whether the law ought to shieldBut the free press of America is feeling reporters from revealing confidential information of sources should have been raised so dramatically and publicly in thelast year. The U.S. some anxiety. There are some things out there that look Supreme Court's decision in Branzburg v. Hayes,-.. U.S 92 S. Ct. 2649 (1972) (known as the Caldwell case) forced the issue into the like threats. Some of them appear to be open, and by so doing has threatened an apparently functioning getting bigger than a man's hand. And it's panic. system of mutual accommodation between law enforcement officials and the press. It has started legislatures on the backbreaking job of trying to describe with precision when reporters can and when they can not be forced to reveal their sources. Reporters are naturally fearful of what will happen when their rights are spelled out with formal clarity, especially since the proposed legislation presents their enemies with a nice chance to get in a few kicks at the press. But reporters are in the soup now, and the problem is to get them out in ways that are legally and politically defensible, or at least not to make their troubles any worse. The alternatives for the press seem to be two: I) let things cool down and continue to rely on the goodwill of the authorities and whatever First Amendment arguments Caldwell may have left them (continuing to go to jail if the authorities are uncooperative and the arguments unavailing); and 2) press for an absolute or limited privilege not to reveal confidential information in federal or state statutes. I want to disclaim any special expertise in or profound reflection upon a subject that has prompted 59 bills so far to be introduced in the Congress and has reduced even Senator Ervin to totalbafflement. But anyone who struggles to keep up withboth the news and Supreme Court decisionshas opinions, and here are mine. time to drill them dead in their tracks. The U.S. Constitution guarantees a free press. That means that the whole process of news gathering, evaluating and communicating should be free of governmental restriction or interference. It doesn't always work that way. It never has, fully. But there seems to be more flak and hassling in the last few years. The press is concerned. But something new has been added the public is growing concerned, also. More and more people are comprehending that restrictions on press freedom herald restrictions on all the other freedoms as well. The media are a central factor in everyone's life these days. Accordingly, people are monitoring our performance more closely than ever before. They expect us to give our best. And as a corollary to that, they realize that we can't do our best if we can't Caldwelland the Status Quo get at the facts and then print them. Should things be left as they are? I do not think so. The Caldwell I'm sure some of you are tempted to say: case makes it pretty clear that newsmen will find the First Amendment "Right on! We'll help you fight all those a slender reed. The opinion of the Court addresses itself to most of the would-be censors in the Nixon major situations in which newsmen are likely to claim the privilege not Administration." to speak, and tells them they must speak. The decision thus removes And partially at least, that impulse is wejl the doubts that once caused prosecutors to tread delicately lest they squash Constitutional sensibilities. (See, e.g., the U.S. Attorney warranted. Some of the current officialdom General's "Guidelines for Subpoenas lo the News Media," Department in Washington most notably Vice President of Justice Memo. 692, Sept. 2, 1970, which sought to limit issuance of Agnew and Dr. Clay Whitehead, the have subpoenas to the press out of the recognition that "compulsory President's adviser on broadcasting process in some circumstances may have a limiting effect on the touched off alarm bells among newsmen. But that's really only part of the picture. exercise of First Amendment rights.") Moreover, even if one takes comfort from Mr. Justice Powell's hints, in his concurring opinion, that the First Amendment continues to protect newsmen from It's An Old Story harassment by grand juries who fail to show a "legitimate need forlaw Threats to press freedom aren't new enforcement" (92 S.Ct. at 2671), one ought to see that any citizen can inventions. The first man ever to beat a claim protection from harassment and that the precise issue is the jungle drum probably felt the heavy hand of needs of the press as balanced against the needs of law enforcement. And Caldwell shows that when the Court balances, thepress loses. It is the censor on his arm. Most of the printing hard to picture a petitioner-newsman preparing a fuller record thandid presses that have ever existed have suffered Caldwell, Branzburg, and Pappas lo support the proposition that a interference of some kind. reporter's sources wither on the vine once he starts baring his soul to Most of the media outside of North grand juries. The Court was not impressed. This is not surprising. The America and Western Europe make no immediate interests of the grand jury or trial court are clear and pretense of being free of controls and even palpable: wrongdoings must be investigated, criminals indicted and those two continents have had an uneven convicted, the whole truth uncovered. Against this the reporter can history. only stammer guesses about the damage done to his work, guesses he everyone likes to look Let's face it knows in his marrow to be certainties; but for all that, not hard proof. good and to have popular support. And the He has to defend an intangible process, the suppression of obviously useful facts today as investment in speculatively useful facts thing that can thwart that desire most surely is an unsympathetic press. tomorrow. Justices on the High Court rarely reach it after a career on It's second nature to those in public life the police beat of the Gazette; they cannot be expected to know that it may take a reporter years of hustling for contacts who will talk to to try to fudge a bit. And sometimes they go each other as if he were not there or telephone his number when they far beyond that. have a grievance. - - - — — - Why a Statutory Shield? But before going all out for a statutory privilege, we ought to ask why one is necessary. After all, if a reporter has knowledge relevant to crime or wrongdoing,why should his obligations differ from any other citizen's to disclose it to the authorities? Perhaps the question can be best approached by describing the sorts of situations in which a reporter is most likely to assert, and society arguably ought to grant, a privilege againstrevealing his sources. Ones like these: 1.A government! (or company) official innocent of any wrongdoing, or at least a lot less guilty than the other people involved, reveals to a reporter that officials in his department have been clandestinely bombing Ruritania, shaking down bricklayers,conniving at. welfare fraud, permitting thousand per cent cost overruns, and awarding plumbing contracts to their brothers-in-law. The official who confides this knows perfectly well that when the story comes out there may be grand jury investigations, civil suits, and hearings before legislative or administrative bodies, and that everyone will want to find the helpful fellow who blew the whistle. But he does not want them to find out, because (a) he may be involved himself and (b) even if he isn't, he will probably lose his job or be reassigned to lifetime service as a Weights& Measures inspector. 2. An enterprising reporter decides to research a feature story on Continuedon Page 9 -There have been many proposals for public review of media performance. A recent one by theTwentieth Century Fund is ambitiously mounted; it calls for an unofficial national panel to collect public complaints and assess their merits. This is an attempt to make the press answerable and that, in the view of mostnewsmen, is exactly what's wrong with it. The Constitution, they feel, deliberately stated that we will never have to explain or beg approval. -"Right of access" has been proposed to make sure that everyone who feels he has something to say will have a chance to be heard. And indeed, some of that concept is incorporated into the broadcasters' licenses. - But the print media have resisted the idea of someone other than themselves dictating that this fellow or that group should receive an allocation of space. It strikes most of us as flagrantly contrary to the First Amendment. —Closed meetings have always been a problem, especially at the local levels of government. When neither the press nor the public is allowed in on public business, there's a high potential for mischief and miscarriage. The press has been asking the New York State Legislature to pass an open meetings law but insisting that it be a real one, not the paste-up that's currently emerging in Albany. "Executive session" still means closed meetings. - .. -"Open records" legislation is also pending in Albany, but is also largely unacceptable to the press because of eleven provisions that preclude access to various records. —Judges' gag rules are a hindrance. The judges who won't permit types are legion cameras in the courtroom ... or who try to stop newsmen from printing things that take or who, in a few place in open court cases, have closed the entire trial process to the public ... or who seal records for whimsical or willful reasons ... or who attempt to silence public dialogue about court operations or cases. (I might add that Western New York has had very few such afflictions, and we're grateful.) -Libel, these days, is a greately diminished problem. The Supreme Court rulings of the past 15 years have expanded the limits of what could be printed without legal jeopardy. That has resulted in the press digging deeper and hitting home more ... - often. So much for the panoply of legal and other harassments in our profession. Obviously, some of them are more serious and more current than others. Lots of Angles I would like to explore three at greater The current threat does not come only length, as follows: from the Executive branch of the Federal Government. To wit: The Confidentiality Stew -There are lots of problems at the state Several reporters have been jailbirds and local levels as well. lately. And since the Supreme Court in a 5-4 -There is a good-sized flap going on in decision ruled that newsmen do not have a the courtrooms. A number of newsmen have constitutional right to shield their gone to jail because they placed their role as confidential sources, a lot more could spend reporter higher than their role as a witness in time in jail too. the legal process. So most of the press is urging Congress to -Secrecy within all levels of provide a shield through legislation. governmental bureaucracy is a vexing They'd like a federal law to protect the problem. A lot of it is not warranted. confidentiality of a newsman's sources, and -Taste is an endless dilemma. Every put his confidential notebooks and files newsman wants free expression but does beyond reach. that mean freedom also for material that is Dozens of bills have been offered in morally rotten or offensively crude? Congress some providing total protection The licensing procedure, for and confidentiality, others going only part broadcasters, is a triennial gauntlet. A lot of way (the same scattershot pattern exists broadcast people have the idea that the best among the nearly 20 state "shield" laws way to stay in business is to do exactly what enacted so far). the FCC seems to want. Continued on Page Ten — — - — - �Aprils, 1973 THE OPINION 7 Public Broadcasting & the Law Interview with Robert San George by Matt Greenblatt Robert San Geotge is a graduate of I somewhere is consciously making a Syracuse University where he received a idecision to keep out of it. Management B.A. in political science and a B.S. in ialso may be purposefully their preventing television and radio. Presently he is news inewsmen from pursuing the more producer for WBFO radio, Buffalo'sI hard-hitting material. Most newsmen are non-commercial public radio station■verbally and actively defiant, but a operated by SUNY at Buffalo. Also,he is a i significant minority become quite timid co-instructor in an undergraduatecourse at when it comes to action. U.B. in news writing. While at Syracuse Mr. San George spent five years in the news Cigarette Ad Ban's Effect department of WAER radio, which is run An allied cause in the drop of by the University. In his last year at documentaries in commercial T.V. is the Syracuse, he was the station's program ban on cigarette advertising. This director. Previous experience in the news represented a significant decrease in field includes a summer internship at revenues for the period immediately WBEN radio and T.V. here in Buffalo. subsequent to the enactment of the law and the first thing to be cut was OPINION: Do you feel that newsmen documentaries which, besides being the should be asked to divulge any information most controversial, are also very expensive that their news sources might have given to produce. In fact, the economic them concerning the alleged commission of considerations are something worth discussing. I should explain first that local a crime? SAN GEORGE: 1 advocate unqualified commercial and public T.V. and radio confidentiality of sources for reporters. stations .don't do much hard-hitting Someone once said that societies have been investigative reporting basically because of enslaved by politicians who are able to hide funding problems. Investigative reporting is information from the people, but a society very costly, because you're giving a has never been enslaved by journalists who reporter free-rein to do whatever he wants are able to garner information from for a long period, often months. This can politicians. There are some very obvious involve an expense account, traveling, situations where a reporter might want to paying the reporter's salary, and reporters reveal confidential information. If a frequently have to pay off news sources to newsman has knowledge concerning the get information. Local stations, for the future commission of a murder, for most part, are not willing to or can't make instance, I think it's pretty obvious that that kind of outlay from their profits. any reasonable man would speak up. However, on a network level, 1 think People will reveal confidential sources if there has been a definite reduction in the they feel it's justified. Generally though, quantity of newsgathering and news such situations are not the case, and it asks reporting. After all, the networks have the wrong question. For instance, although given the American viewer his most this didn't happen in Buffalo, it could consistent diet of hard-hitting investigative have: A man does a lot of investigating into reporting. Although programs like 60 no-show jobs in city hall. Then the D.A. Minutes still do some pretty heavy. decides to get the newsman to reveal his material, they can't compare to a program confidential sources and information which like The Selling of the Pentagon which the newsman has but did not publicize required months to prepare and ended up because it wilt save the D.A. and his staff a as a very hard hitting one-hour lot of work. But this is not how it should documentary. A feature on 60 Minutes work. The purpose of the press is to serve might last one half hour, and there is no as a catalyst for reform, particularly when way to get around it, that's fifty percent you're talking about government less material. Also, look at the kind of corruption. But the press cannot fulfill this things that the networks were doing in the function if those sources know they're early sixties, particularly CBS Reports with going to be revealed. The press reports Edward R. Murrow and Harvest ofShame should induce the D.A. to do his own that were going on the air every week. That investigating, but the whole process won't just doesn't exist anymore on a regular be effective if the press is made to do the basis. I still think that there are reporters D.A.*s work because those sources will on the network level who are really quickly dry up. Unfortunately, the champing at thebit to do this kind of work government prosecutors have been trying and who are willing to risk indictments and to do this which is why I support the jail. But I feel that basically management has been making deicisions in terms of absolute confidentiality ofnews sources. O: What has been the reaction ofyour allocations of funds. Although it is colleagues in broadcast journalism to the expensive, they still have the money and I current rash of indictments, contempt can't conclude anything else except that citations, and subpoenas directed against they're being intimidated by the present newsmen? administration to spend their money on S: Outwardly everyone says that less controversial enterprises. they're going to fight it. However, looking The Six O'Clock News at media generally since the Agnew O: What about the nightly news statements of 1969, some people in fact a instance, fighting For on broadcasts on a network level; have they are not it. network level, what kind of hard-hitting been affected? documentary has been on T.V. since 77ie S: Generally, I wouldsay that there has Selling of the Pentagon in the fall of 1970? been a drap off in hard-hitting reporting on the day-to-day whohave a controversial People in broadcast journalism decent amount of talent and about ten news although it is less in evidence than years experience make $15,000 or more a with documentaries. Again, the if it is a year which tends to make them feel secure, investigative reporting, even They don't want to jeopardize their jobs five-minute feature, is still more expensive jcontroversial interview, for because they're made to spend time in jail. than some non Those making the most courageously instance. Also, you'd better believe that in particularly younger country, certain of the parts defiant statements are the coasts, the newsmen who have less to lose. By and outside the East and Westfrom station large, there is a lot more "soft" news, that networks get a lot of flak items that is, non-controversial material. It's difficult officialsabout controversal news didn't like. I think it's a combination to tell which newsmen are oblivious to the they intimidation government's attempts at intimidation and of that and of government slightly less evidenced which ones are affected by It. Nonetheless, that has led to a reporting on a drop-off hard-hitting the in because of the significant drop-off in documentaries. compared amount of hard-hitting controversial nightly news an significant. Continued Page 8\ material, I tend to believe that somebody But it is still ' '" "Let's Test It!" Interview with Douglas Turner by John Levi The Opinion interviewed Douglas The Bureau man walked right L. Turner, Executive Editor of the into this office, sat down at the Buffalo Courier-Express, on March reporter's desk, and demanded to see 28, in order to get representative his notes. I'd date this about 1968. views from both the dailies of We had already made an agreement Buffalo concerning the conflict with their task force, which was between the government and the started in 1967, that we'd respond news media. An article from a with our negatives and notes to a Managing Editor of the Buffalo subpoena. The task force responded Evening News appears on page 6 of positively to that they did us the this issue. courtesy of subpoenaing these We are grateful to Mr. Turner for documents, and in most cases we felt taking a great deal of his time to talk that we were performing a public with John Levi of the Opinion. We service. But it had to be demanded think the experiences recounted of us as a matter oflaw. And I had below both represent his views and no hangups about it, and I still provide a valuable background for haven't. the current challenges to the press. OPINION: If an FBI agent came into this office and subpoenaed the OPINION: Our interest is in your notes or photographs of a reporter experience and your opinion as a doing investigative reporting, then, professional newsman What kinds of you would hand them over? pressure have you felt here at the TURNER: At this point in time, Courier-Express as a result of the March 28, 1973, at 2:30 p.m., I increased pressure on the news media would feel protected by the courts, since 1969 since Vice President if we felt we did not wish to give up Agnew 's speech? these things: that there would be a TURNER: My experience with fair test of theirneed to have them. I this issue goes back the last 13 years, would rather test the courts first most profoundly since 1964. That than test some ephemeral was my first awareness of an almost understanding of what we think we atavistic activity between politicians are, with respect to the People. I and the press. In that year, Gov. think we should first obey the. Rockefeller, in response to articles courts' order to produce either about corruption in the State Liquor ourselves, our arguments or our Authority and members of the State material, first, before standing up on Legislature, had imposed on the some pedestal and saying you have legislature an ethics bill, which this no right. Let there be a test of their paper and many others campaigned right in each instance. for very hard. To make the issues I would do all the things that one palatable for the average reader, the would normally do in a free society, issues became oversimplified the when one agency wants something issue of conflicts of interest. I think that's your property. I would not in retrospect some unfair lines were behave any differently today than in drawn on conflict of interest. The 1967. Let them react first. Let them Legislature overreacted to those show whatever there is in their bowels about the press, before we stories. The bill passed; the Legislature show some antipathy towards the didn't like it. The Governor brought People's lawful institutions. They're he was a still lawful. tremendous pressure I don't think that the law has different Governor than we have now. The legislators were very bitter changed one bit from the days about the bill, about the debate, before Spiro to the days after Spiro. about all the news stories some of Let the law show it has changed, which were right on the money, and before we show that we are less some of which I think were responsible to the People's right to overdrawn and they began know. threatening the representatives of the Now the third example. During publishers and the press and the the Attica riot one of our reporters, reporters themselves. They said, Richard J. Roth, Jr., was invited to "We're going to hit you with a group become an observor in the prison by libel bill next year." I guess this is a the inmates. The reason they invited kind of British libel bill. I remember him was because I'm rather proud we'd written stories in to this day the name of every one of of this the legislators who threatened me advance of the riot about the with that all of them are out of demands, the suppression of their office; we didn't do it, they just demands, and the lying that went on tripped on their own shoelaces, but about whether they had made it is an irony that they're alt gone. demands at all. Subsequent to the riot and the And they were not reacting directly to the ethics question, but reacting national publication of his series on in a way that they felt could hurt Attica, two gentlemen from Robert our business. It was a reprisal. Fischer's office approached Rick Sometime later a federal Roth and asked him to go through a investigative arm came into this little interview. Fortunately Richard office and asked for the notes of a called me up and I ordered him not reporter. This was about the time of to take part in this interview. I told the fracas at the Unitarian Church on him to tell the investigators that he Elmwood and Ferry Street. 1 have was under pain of discharge if he always had a tremendous icspect for discussed it and that they should the basic integrity of the KBl and all serve me. They came to see me and the investigative arms of the Justice asked for the interview. I denied Department always, until very them. It was a complicated problem. recently, until maybe the last few There had already been announced months. Cont'nued on Page 8 - .. - - - - — — - - — - �8 "Let's Test It!" Continued from Page THE OPINION that are employed by this newspaper. We have to probe it, or we don't write it. And once having written it, if we're going to have another story on it, we have to find out something new. We don't crank AprilS, 1973' confidential source is for our ust alone. The confidential source never leaves this desk drawer. We prove what we write, so we never need the confidential source. 7 ill � � a business which is through second and third hand that there would be a grand jury of animal here proceeding. a newspaper whose right to comment rumors in the newspaper as fact over What has created this problem? Rick was not a participant in the and print are undeniable. Still, on and over again. They are not up to reacted unpleasantly affair and was there in a quasi-legal the other hand we have here a the standards of investigative The courts have reporters who bragged fashion because the prison lucrative business franchise of the reporting employed by the two to a few superintendent had admitted him at government. I don't think that we newspapers in Buffalo. Although we about their confidential sources, the request of the other people: He can say that it's a wrongful were excited and stimulated by the whose editors let them brag. In my could not give first-hand testimony punishment to take away a political stories, we could not publish them opinion, this is bad reporting and to the whole event. He could only favor that's been granted as a for they were not up to the bad editing. It's sroppy. // you have impair our standing, his standing it political favor. It's a government standards of this paper. They were Inconsiderate. was a very mixed bag. It would never franchise it's like having a stand at not good journalism. The instances guaranteed a confidential source his be clear to me whether we had the zoo! in which we would print rumor or confidentiality, you don't mention Now I have to comment on what second- or third-hand information him! You protect the person right permitted the state to exploit whatever innocence existed in the the Post did. There's a number of here are very rare. We don't publish then. You never tell anybody that you call it unless we can prove it. And if we you have one. To me, what starts invitation to him. Too complex for dimensions to what this thing off is a violation of the me to allow him to leap into an investigative reporting. I'd feel better can prove it, we'll publish it. reporter's trust to a confidential interview. about the Washington Post stories on source. If a guy walks in off the I said to the two gentlemen from the Watergate if the Post had had street believing that you have a Bob Fischer's office to draw some Republican tinge. I cannot say a I was an investigative editor from function as a social instrument subpoenas let's test it. They never that the Watergate investigation and came forth with the subpoenas. I the way they've been handling the 1964 until I was given this job. I newspaper has a function as a social you he and trusts like never heard from them again, and story is a totally innocent matter. never needed a confidential source. instrument neither did Rick Roth. I did not say Sometimes political objectives get No reader of this newspaper ever he would trust a neighbor, I don't had know name. This man is a confidential want to his no, I said let's test it. We cannot mixed in with the copy. I did not knew that I innocently go into this thing in the feel that the editing standards source, because we never told them. protected from the start by our not background of whatever innocence imposed on the reporters of the Post We never said "A confidential source being able to identify who he is. You existed on the part of the State of in the Watergate investigation for says ." or "It was learned from a will never see us waving a New York Dept. of Corrections' example were up to the standards confidential source..." Never. A confidential source in the newspaper. representative in Attica, to their aware that the local affiliates do not want permitting the inmates to establish a to be responsible for the network news and constituency sufficient to agree on that a significant number of these affiliates, of an invitation. This is not a matter Continuedfrom Page 7 which is even five or ten percent, aren't law. They had no right to establish a For instance, CBS recently ran a very worthwhile and somewhat controversial, going to carry the network news, because constituency and they did. This may detailed report on the 200 million dollar but even most of these programs aregoing it's too controversial, then you'd better be getting a little hairy to you, but i grain transaction with the Soviet Union. to be eliminated next season if the believe that the network management is thought it was too mixed for him to The other networks do controversial Corporation of Public Broadcasting has its going to reactto thatbecause it means a loss give an interview from which they material to a lesser degree. CBS has way. However, at this point in time, these of advertising revenue. It's a very involved could draw questions for a grand probably been the most arrogant of the programs represent some good news thing, but in the end I think that's what networks for thelast fifteen years. Number broadcasting which is still on theair on the Whitehead's policies are designed to jury. I didn't say we would never go, one, they are in the most stable financial public media. accomplish. The government knows that I said let's see yourpapers. position and also they have a deeper they can't intimidate the networks Do the clamor you see OPINION: history of this kind of activity. is your opinion concerning directly, so what they are trying to do is to O: What a law as for shield this kind of recent suggestions by Clay Whitehead, influence the networks through the back antipathy toward lawful institutions? Nixon's communication chief, that door, i.e., through thelocal stations. TURNER: I thought that if Vice you — — * * - ***** - . - — Public Broadcasting and the Law President Agnew and his advisors and the President did not feel they could make hay with what he said in 1969, he would not have said it. Did he start it, or did he merely respond to a growing public feeling that there were too many abuses on the part of the media and that they had to be politically, for their political abuses? I believe that Agnew was not even the catalyst that he was the respondent or the chorus in a Sophocles play; responding, not innocently, but calculatedly, responding to a growing public unease about the way that the media had used their freedoms. Whether this is a justified urlease or not I cannot know because I'm not 700 million people and neither are you. I felt that was a response. I did not take alarm at that or at disciplined, - - subsequent events^ OPINION: What about the current politically inspiredchallenges the Washington Post's TV to franchise in Florida? TURNER: I can only answer that with a question, to defend my equanimity about the situation. Did the Washington Post come by that franchise through political means? Did they use political favoritism to gain that television franchise? Yes. It's a government favor. It's like certain airlines getting more mail to carry than other airlines. Certain railroads had rate cases decided in their favor because of their political power. Now we have two different kinds O: You mentioned that think the local stations' management, particularly outside the East and West Coast, are putting pressure on the network not to include controversial material Do you think this is a result of what, the government is doing or do you think this is just the supposedinbred conservatism that allegedly abounds in theseareas? S: 1 think it's a little bit of both. Actually, to be honest, the only places, even on the East and the West Coasts, where the networks don't get flak, are the major urban areas. There are small communities in Pennsylvania, New York, and New England that also contribute their share of complaints to thenetwork. Public Broadcasting O: We have been talkingnninly about commercial broadcasting. What is the situation in the public broadcasting field? S: In public broadcasting there has been a decrease in newsgathering for the simple reason that their funds have been drastically reduced. In my mind, one of the most hard-hitting news programs ever in the history of American T.V. was the Great American Dream Machine, whichran for a year and a half or two years. They stepped on a lot of toes and offended a lot of people. But if you're going to have hard-hitting news reporting, there is no way of getting around offending people. Unfortunately, because of the way public broadcasting is structured in this country, it is much too much at the whim ofelected officials. When programs started offending politicians, the funds were cut. This does not mean that there is absolutely no worthwhile news broadcasting going on in the public media. The Washington Weekly Review, Bill Moyer's Journal, Black Journal and The Advocates, for instance, are extremely members of the broadcasting industry "censor" themselves? S: Whitehead was basically directing his remarks at the commercial networks, because those are the people that Washington fears the most. The reason for this is that the networks are the ones with the most money to do the kind of reporting which will expose shady things that the government might be doing. But an analysis of what Whitehead said will show that they want to hold the local affiliates responsible for any news that they air whichincludesnetwork news. This means that some poor local station manager or program director is supposed to exercise some kind of editorial judgment regarding what he will air from the network news. Local Censorship of Network News Generally, every day the local stations get a run down of what is going to be on the evening news that night. It usually comes over an hour and a half before the news is scheduled to go on the air and, barring any major happening during that time, it is pretty accurate. Thelocal official is supposed to look over thislist and decide if he wants to be responsible for any feature that is coming down from the networks. There is really no way that such a person can exercise that kind of judgment because generally he does not even work in news, and isn't very aware of what goes on in the major newsgathering centers. These people are supposed to exercise judgment from afar. I think that's just patently ridiculous. If anyone is to be held responsible for what is aired, it's obviously got to be the networks. I think what Whitehead is attempting to do is to make local stations think twice about carrying anything that ccmes close to being controversial. If the networks; become O: What kind of responses do you think the broadcasting industry plans in the future to meet the challenge posed by the courts, the government, and intervention by law enforcement agencies such as the F.C.C.? S: A lot of the professional journalistic societies, such as die local press clubs and organizations like Sigma .Delta Chi, are lobbying on a federal and state level for stronger shield laws which would protect the confidentiality of news sources. There's a great deal of doubt about a federalshield law with any kind of teeth in it. What the journalistic societies are doing is lobbying for stronger shield laws on the state level. There has already been one passed in California with the avid support of Governor Ronald Reagan. There previously had been a strong law there, but the one passed is even stronger. Also, Nelson Rockefeller has come out for a stronger shield law in New York. There are only slightly fewer than twenty states with any kind of meaningful shield laws. The other issue is the government's hiding information from the press and the people, which was very much involved in the whole fiasco of Les Whitten, who is a Jack Anderson employee. He was never indicted, but he was charged with the possession of stolen documents which implies that the documents of the government are not documents of the people: in other words, that these files belorig to the government. This, to an extent, is what is involved in the Ellsberg trial. However, in the Whitten arrest, there wasn't even the issue of classification which exists in the Ellsberg trial. The documents that Whittenhad were from the Bureau of Indian Affairs and how could they be detrimental to the national security? This whole issue is coming to a Continued on Page 9 �April 5, 1973 Court Threatens Reporter's Sources Continuedfrom THE OPINION Looking for Cracks in the Facade 9 ppolicies; the art of goodpolitical freporting is description of how bureaucratic they work the wires backstage. It t barricade in the organizations, especially i:is surely no accident that this some group of habitual President's themselves office for a week, governments, like to work in /Administration, with its special lawbreakers: confidence men, Indians forcibly reclaim secrecy. If trouble occurs, they fflair for symbolic politics, has a moonshiners, drug pushers, sovereignty Page 6 over treaty lands. At least one reporter is usually at hand, allowed to hang around on conditions that limit what he will be able to report. In trials for conspiracy to cross state lines to foment riots, assassinate the President, kidnap the major-domo, obstruct the draft, the reporter may be called to testify to who said what and when. Large s c a conditions that are endemic, persistent, and usually unpunished. As for the various forms of anti-state activity, sit-ins, demonstrations, conspiracies, these require the services of the press to expound and dramatize their views. Society ought to know what its angriest groups are up to; and these groups ought to have resources of the kind easily commanded by the powerful to let it know. Here, too (quite aside from the question of whether prosecution of these groups has usually been a good thing), reporters have more social value as independent observers of reality than as state informers. The Caldwell Court thought it mischievous that reporters should be able to protect their sources more fully even than the government can protect its informers (which in some circumstances it is compelled to like to handle it their own way. special distaste for thepress. (Dan This has made the unauthorized IRather, the CBS-TV leak, not only of information but correspondent, tells of being of candid opinion of the conduct ssummoned before a White House of superiors, a necessary means of aide to account for his reporting. keeping track of what they are \What most irritated the aide was shadowed faces. He is asked not doing. The newsmen in Catdwelt tthat Rather talked as if he knew to publish their names or virtuously asserted that the leak is what was going on, whereas only preferred manner of evading the vital because in the long run it tthe President and Haldeman really authorities, and does not. The aids rather than hinders law \- knew.) There is a similar Mayor, tired of complaints from enforcement by encouraging j justification for coverage of thousands of decent citizens revelations of misconduct. Thatis 1habitual criminal activity. The alarmed that the wicked flourish true, but probably not as |press can tell people about aspects Of course, this is not an important as that, the leak (of social reality that many will in Centerville like the green bay tree, rouses the D.A. from sleep exhaustive catalogue, but it does furthers purposes that have inol learn about in any otherway. and asks him to get the grand jury seem to represent some of the nothing to do with enforcing the The interests of law enforcement 1 to subpoena the reporter. major types. It may help us to law: the maintaining of an ■ are little damaged by this process, 3. Black Panthers hold regular realize that something more independent and sceptical even if the reporter's refusal to f meetings to plan an action specific than assuring the "free perspective of observation on the I talk means that a particular program for the ghetto, antiwar flow of news" is at stake in the workings of the government. Part I bureaucratic or criminal demonstrators contemplate a controversy over the newsman's of the art of governance is the \ wrongdoer is not found and produce. Roviaro v. U.S.. 353 march on Washington, students privilege. Continued on Page 10 stage-management of symbols and | punished. The stories represent designed lo serve as a buffei between the i miii from far away places like the major trial may be a landmark case as far as the Congress and the President, on one hand, production centers in Boston (WGBH), issue of the documents belonging to the and PBS, NPR and the stations on the Washington, New York (WNET) and San people rather than the government, but I other hand. What has happened, Francisco (KPIK). These are essentially the don't see the situation changing that much. particularly with PBS, is that the same places that the programming comes I don't see the government being any more Continued from page 8 Constitutional head, possibly in the Corporation has decided that it is going to from wi th the commercial networks. secretive and I don't see reporters getting Ellsberg trial, as to whether these make the programming decisions. PBS has However, think he knows, and it's pretty better access to governmental files in this 1 documents belong to the people or to the a board of directors which is basically obvious, (hat the local stations findit very administration. I wouldn't necessarily government. made up of local station officials who are difficult to pay the kind of salariesand get conclude that if another conservative In my opinion, it is pretty obvious broadcasters. CPB is not generally made up together the talented people required to do administration were elected, it wouldbe as from American history that these of broadcasters; its members are quality hard-hitting programming. The secretive as Nixon's. I mentioned that documents are not owned by the Presidential appointees. Right now, on that smaller stations would find it impossible to Ronald Reagan, one of the more government,but are owned by the people. 15-member board, are eight Nixon attract even a few high-qualitypeople with prominent conservative figures in this If they are documents of the people, then appointees who generally vote together on creativity and the talent to put together country, supported a strong shield law in the reporters should have free access to the issue ofwhether they will take over the sophisticated programs. So you're talking California. I really don't think that this them. The Freedom of Information Act, programming functions from PBS. They about a situation where Mr. Whitehead, secrecy-of-informalion issue divides along passed a few years ago, has proved to be have in fact done this. Now they are and I suppose Mr. Nixon, want the local the traditional liberal-conservative lines fairly ineffective. This whole question of talking about eliminating some of the most stations to do the news programming when very distinctly. At least it remains to be secret information and public versus meaningful programming that has been really they aren't capable of it. shown to me that it does. government documents has yet to be seen on American T.V. (as mentioned In terms of the intimidation of the earlier). Thus the so-called CPB buffer has resolved. press, 1 suppose it's the same kind of O: What about the issue of been essentially circumvented by the I'd like to make one distinctionwhich answer. The definite pattern of classification? Howdo you feel about the Nixon administration with the support of will clarify my position on thislocal versus intimidation of the press will probably major production center issue. I do think con t inue under this administration. present methods used by the government? key Congressmen. S: I would grant that there are certain What I would like to see adopted is the that public broadcasting should provide Reporters will probably not be as affected things in the Department of Defense and kind of. system which exists in England. people an alternative on two levels. by ii in the future if we get effective shield the Department of State, which, for The BBC is known worldwide as having Because people get a lot of programming laws. If this is done, although the various reasons, you might want to classify. some of the most creative pioneering from the major commercial networks, 1 government can still attack the credibility But, what is very interesting is that during programming. How have they kept it think they should be offered the kind of of the press publicly (which has been World War 11, there really wasn't much of a immune from political pressures for all very high-quality, creative and pretty effective), one of the government's classification system in the government. these years? There was imposed a nominal precedent-setting programming that they most powerful weapons will be taken Reporters were told to exercise their own yearly tax on people who own television can get only on a network level from PBS away. I am, of course, referring to the judgment regarding things like troop sets. I think it's the equivalent of five and NPR. On the other hand, this doesn't jailing of reporters for refusing to reveal movement and they exercised very dollars on every T.V. a person owns. PBS mean that it has to be to the detriment of their confidential sources and their admirable judgment. If there is to be any now receives about 40 million dollars and locai stations. People watch local outtakes, that is, material which was not government classification system, it's got with all the T.V. sets in this country there commercial programming as well,and they used in the airing of the program. Finally, should be no problem in raising an equal, should have a meaningful alternative on the concerning thebusiness of thereduction of to be very narrowly defined. Funds forPublic Broadcasting or probably greater, amount with the local level from their own local public public broadcasting funds, I don't think 0: Earlier you spoke about the five-dollar tax. Under this kind of system, stations. Neither local nor national this administration will increase the reduction in public broadcasting funds. the money goes directly to the people who programming should be at the expense of funding to the levels the public media years ago. Right now, Whatis yourreaction to the vetoing ofthe decide how it is to be spent on the other,is and what Whitehead is enjoyed a number of way that this can suggesting that the local programming the people in public broadcasting are funds and what alternatives do you seefor programming. The only be circumvented and subjected to political should be provided to the detriment of looking for alternative funding thepublic media? think that is arrangements with some of the major S: As far as the vetoing, I think it's a influence is to repeal the law that allows national programming. I don't notion, given the bi-level aims of private organizations like the Ford real tragedy. Some of the most meaningful the tax to be levied and that has not been a practical Foundation, Carnegie-Mellon Foundation, England. why public That's the the media. and creative things, not just in news but in done yet in or the Rockefeller Foundation. At this the media art generally, were being done, system has worked so well there, and I time a whole reassessment is going on as to see something and still are to an extent, on public T.V. would very much like to Future Possibilities whet her public broadcasting should and radio. The way the system was set up, similar done in this country, because the continue to to be at the mercy ofgovernment funding necessary of that is run a 1thinkit was inevitable that somethinglike kind public O: What results or resolutions do you officials for its funding. The question now thiswould happen. An examinationof how really meaningful alternative in the whether the public media can get is the public networks operate will illustrate media would be opened up by the English think will be forthcoming to all the substantial funds from other sources so n c ws-related controversies we have what I mean. Congress allocates funds for type of funding. that it won't be as dependent on the O: You have alluded to the issue of discussed? the Corporation of Public Broadcasting government and so that it can maintain decisions (CPB) who, in turn, disseminates these who is to make the programming S: We have talked about four distinct some voice as to the programming whichis Who do you think funds, as it sees fit. to either the Public on the public media.decisions, the local issues in the present situation. These are a aired. It's hard to say if the people in Broadcasting System (PBS is the T.V. should make these reporter's right to the confidentiality of public broadcasting are going to be network), National Public Radio (NPR), stations or the networks? I am particularly the sources, the secrecy of information in successful but I would say that they'll be and to a lesser degree-, to the local public interested in your reaction toshould government, the general intimidation of able to preserve the status quo, that is, stations. In the past, these three Whitehctidnotion that local stations the press, and the reduction of funds for the level they have now (which is a organizations have submitted theirrequests do their own programming. S: 1 believe that Clay Whitehead's public broadcasting. As for the reduction from the past). Whether or not for funding to CPB and the Corporation to of news sources, I think they can return to what I consider the had divided up the funds as equitably as justification for what amountsactuallya confidentiality we're going to see stronger shieldlaws on a zenith of the public media, in the days of disbarring of PBS (which may possible. do state-by-state basis, and as I indicated the Great American Dream Machine, is The programmers themselves in PBS occur) is that the local stations should because they are earlier, I really don't hold out much hope questionable. Even back then, public and NPR made their own decisions as to their own programming touch with the local for any kind oC significant federal shield broadcasting was not doing everything it what would go on the air. That's how we obviously more in community. In other words, Whitehead law. It is tougher to predict the future of was capable of doing because of funding got some of the phenomenally creative said that while he was not opposed to the controversy concerning the secrecy of limitations and they could have used more Dream things like the Great news, tfie news should not information in government. The EUsberg imoney to do even more crea'ive things. Machine. The Corporation originally was hard-hitting prostitutes, gamblers, smugglers. Going among them and earning their trust, he finds out how they workand why, and takes pictures of their hands or backs or deeply v Public Broadcasting . American �April 5, THE OPINION 10 The Press Needs a Shield .' The Secrecy Enigma Daniel Ellsberg is on trial for giving away the Pentagon Papers when he had no authorization to do so. But Mr. Ellsberg, in his defense, makes the point that the papers should have been declassified long before that anyway, so what's the big deal? Les Whitten, one of columnist Jack Anderson's legmen, was arrested in the presence of some papers that had been stolen during the Indian uprising last summer in Washington. The charges were dropped soon thereafter, but exemplified a new worry for the press. If a reporter gets his hands on a governmental document before its formalrelease or declassification, does that make him a receiver of stolen Continued from Page Six have listened to dozens of witnesses. But The problem is that the thrust of a free neither is very certain about the kind of press sometimes cuts across another legislation that may eventually emerge if guaranteed right: Fair trial. Grand juries, indeed anyemerges at all. proseculers and defense attorneys wouldt In particular, there is a strong belief all, from lime to time, like to get at the that a bill that would give newsmen person who tipped a reporter about ai "absolute" immunityhas almost no chance criminal situation; or they would like toi of being written. get at the reporter himself, or hisi "1 don't believe Congress will pass an notebooks, to squeeze out whatever■ unqualified bill," Mr. Ervin said recently. helpful evidence he could contribute. Mr. Kastenmeier is even more And indeed that might on occasioni pessimistic. Not only does he doubt the help sort out the truth in its juridical sense. chances of an absolute bill, he says there is property? But few things could be more ruinous to a possibility that his subcommittee may If so, most of us are vulnerable; my the press in its public informing function; end up not writing any bill at all. That is own desk at any given time is likely to important sources would quickly dry up, because of the difficulty in reconciling the contain some such incrimination. And and editors and reporters would stay away differing views among subcommittee there wouldalso be many public servants from controversial matters rather than risk members, he said, and also because an or "leaks," if you prefer who could be becoming agents of the court system. increasing number of press groups are jailed for larceny or conspiracy. President Nixon said two years ago, So, if the court says newsmen have no taking the attitude that if the Congress special right to refuse to answer questions cannot provide absolute immunity that it is when the PentagonPapers case broke, that he would order huge amounts of material on the witness stand better to have no law at all. And prosecutors and defense attorneys There is also an awareness that even if declassified.Andindeed he has done so. and grand juries are increasingly insistent an absolute bill were to pass, it would But there is so much of it that the job about getting into reporters' notebooks.. probably be vetoed by President Nixon, may take forever. And there are probably How are we going to keep the jails and there is doubt whether the necessary little gnomes still working feverishly in from filling up? two-thirds vote could be mustered to every Washington office with rubber stamps marked "Secret" or "Confidential." There are some in the press who still override it, deny that we need shield laws at all, as long "While I'll try for an absolutebill," Mr. What most of those stamps really mean is, as the Constitution says what it seems to Kastenmeier says, "I think something short "Better Be Safe than Sorry." Rep. John Moss rammed an say. They're also nervous about casting any of it may emerge and possibly no bill at access-to-information bill throughCongress part of their future well-being into the all." ■ hands of Congress. I think personally that the pressshould a few years ago in an attempt to give Vermont Royster, editor of the Wall settle for a partial bill if that's thebest we newsmen a better foot in the door in Street Journal, is one such voice. can do. In most cases it would serve the dealing with federal agencies. And indeed it Columnist JamesKilpatrick is another. basic needs of newsmen. Some of my has helped. But it's a little like sending a But most of the American media have colleagues take a different view and would boy with a pail to drain the oceans. Newsmen are natural foes of secrecy. taken a more pragmatic view. They think prefer no law to a partial one, pinning their that until the Supreme Court gives us a hopes for a broader protection on further We would like to maximize open meetings, little firmer Constitutional footing, we'll efforts to persuade the Supreme Court to and open records, and public take a less "crabbed" view of the First accountability of public officials. need a protective law. We hope the bench and bar grow But what kind of a law? That's a Amendment. I'd like to close out this topic with increasingly of that mind also. that has Senator Sam J. the Ervin, question leading congressional expert on such words that John S. Knight, one of the TheBad Taste things, tearing draft after draft put of his senior sachems of American Probably every newsman in America typewriter and pitching them into the newspaperdom, wrote in the Detroit Free to Press March 25: would rush the barricades to defend on basket. waste "On March 22, U.S. District Judge freedomof expression in its broad sense. An unqualified excuse from testifying Censorship? Never! is sought by many, if not most, in the Charles R. Richey prevented President Nixon's re-election committee from But there's one area that has us press. But some also believe that newsmen do requiring reporters and officials of four increasingly up a tree and it's a tree with the Washington Post, the dirty limbs (as you will soon see, that is a not need, and should not have, suchbroad publications special status; they also fear that if Washington Star-News, the New York deliberate pun). As the press struggles to roll back, and everyone such Times and Time get status, magazine to testify and newsmen ever who gets a subpoena will start claiming he's turn over notes, tapes, story drafts and hold back, the hazards to free expression, a newsman (and so long as you have access other documents concerning the Watergate the pornographers have had a field day. They've come in like a bunch of squalid to a mimeograph machine, who's to prove bugging case. you wrong?). "Judge Richey said in part: 'This court squatters to seize great chunks of our There are 58 bills on this subject cannot blind itself to the possible chilling hard-won terrain. It's ironic and it's also pending in both houses. Some advocate effect the enforcement of these subpoenas embarrassing. There are many in the press and I absolute immunity; some partial immunity. would have on the flow of information to would be among them who hope the Some define newsmen as only thepress and, thus, to the public' newspapermen working for established "Yet the judge raised a cautionary note Supreme Court can find a formula to have newspapers, other include broadcasters, that 'it may be that at some future date the the best without also giving free rein to the authors and the underground press. parties to this case will be able to worst. Senator Ervin's most recent draft is one demonstrate that they are unable to obtain And in Conclusion that he considers balanced: It would grant the same information from sources other I am not as concerned as many other a newsman immunity from testifying as to than the movants, and that they have a compelling overriding politicians in high places confidential and and interest the newsmen about notes in his sources and mumbling nasty things about the press. documents but would not exempt him information thus sought." "The decision therefore lacks finality, I'm not even stewing yet about from testifying about a crime committed in since Judge Richey said only that he will them making suggestions about how we his presence. require journalists testify might improve our performance. the to or It was to the question of balance that not The critics must always stand ready to New Jersey Gov. William Cahill addressed provide information at this time. He also himself in late March when he vetoed an rejected the idea that journalists have an be criticized. And these days that's very absolute privilege not to testify under the true of the press people need to watch us "absolute" bill as going too far. carefully, because we're important to "While freedom of the press is one of First Amendment. "We must be vigilant and completely them. our most important constitutional I have a theory that the press is vigilant principles," he said, "there are other very dedicated to preventing all erosions of enough, and strong enough, to weather well-accepted rights of our citizens which constitutional liberties. in good shape if the critics try to organizations through conflict with this "Journalists and clearly come into press principle." may differ over the procedures by which translate their frowns into suppressive (New York Slate, by the way, has a press and all other freedoms can be action. shield law. It is "partial," but still preserved. I think we could fight that battle But there now appears to be pretty much by ourselves. substantial, in its coverage. The Buffalo But if we need help, I hope we can call Evening News received four subpoenas substantial agreement that the press must during 1972 that touched on potentially heed the distinguished Judge Harold on our friends in the law. confidential matters; we used this state Medina's admonition, 'to fight like tigers shield a couple of times and it did the job right down theline.' "For this is the way our freedomshave Elwood Wardlow is a Managing Editor nicely.) been preserved in the past, and it is the of the Buffalo Evening News. An interview only way they can be preserved in the with the Executive Editor of the Buffalo What is the outlook in Congress? Courier-Expressappears on page 7 of this Senator Ervin and his House future." Robert issue. Kastenmeier, W. I wish I'd said that. Rep. counterpart, : — : , < .. . - — .. - - - — - .. - - — - ' 1973 Court Threatens Reporter's Sources Continued from page 9 U.S. 53 [1957]). But this assumes that the press and prosecutor both want the same thing, to drag malefactorsbefore the public gaze. (Newspapers have sometimes, unfortunately, contributed to this assumption by behaving as if they were instruments of public vengeance.) Actually, they are after different things. The D.A. wants evidence; the reporter, at least the good one, wants a view of the texture of social life, a different picture of persons and processes than one gets from" custodial interrogation or cross-examination. Quite often the reporter is not looking for indictable misconduct at all; and wants a shield to protect him less against revelations of bad acts than to preserve a flow of confidences some of which may later turn out to be relevant evidence of bad acts. A Shield to Preserve the Flow of Truth This, I think, is the basic case for a newsman's privilege: the need to protect sources of information about possible misdeeds that flow to unofficial, independent organs without the job of either justifying or suppressing such misdeeds. It is no answer that newsmen are not likely often to be summoned to disclose sources. It happens, and every time it does it dries up some actual and many prospective sources for good. Anyway, if it hardly ever happens, all the more reason for not making a fuss about opposing a privilege. Nor is it an answer that the bundles of truncated wire-service stories, obituaries and bargain-of-the-week ads that pass for newspapers in most communities hardly justify the anthems recently raised on behalf of the press. There is enough good reporting around that deserves the shield. If there is a shield, should it be federal, or left to the states? Both. A federal,shield, to be effective, ought to apply to the states as well as to the federal government; but Congress ought to be especially carefulnot to pre-empt any possibly stronger state legislation in the field. Congress will have to act to change Rule 501 of the proposed Federal Rules of Evidence, adoptedby the Supreme Court and now awaiting Congressional approval; the rule excludes all privileges, including a newsman's, but a few in federal courts and sets a nasty little trap in cases where state law furnishes the rule of decision. Where the state has enacted a newsman's privilege, it might be held that Erie R:R. v, Tompkins, 304 U.S. 64 (1938) forbids the Rules to wipe out this kind of state-created right in federal trials,but it might not. An Absolute Shield If there is a shield, should it be absolute or qualified? This issue is hideously complex, but I think the answer should be: absolute. A qualified privilege is probably of little use to the reporter called to testify before the grand jury. In the Caldwell case itself, the Court of Appeals for the 9th Circuitheld that the grand jury could compel Mr. Caldwell to produce his notes of interviews with the Black Panthers only if the- government could show a compelling need for them. 434 F. 2d 1081 (9th Cir. 1970). This saved Mr. Caldwell, temporarily, from jail but did not satisfactorily meet the problem. As the Supreme Court, reversing, pointed out, you can't tell a grand jury that it has to show the relevance of the reporter's testimony to the commission of a crime, the identity of the perpetrators, or to establish that this evidence cannot be got by other means, when the grand jury's very purpose is to fish around trying to find out whether a crime has been committed, if so by whom, and what theavailableevidence is. 92 S.Ct. at 2266. The "compelling need" test must therefore be either practically meaningless or a euphemism for an absolute privilege; and there's no telling which way the courts would treat it. The last thing reporters need is such a highly unstable privilege; as many have already pointed out, they are better off without any privilege than with one that gives the illusion of protection without thereality. Continued on page 5 �April 5, 1973 THE OPINION Turn of the Screw by lan DeWaal A joint degree program between the Faculty of Law and Jurisprudence and the Program for Urban and Policy Sciences at the State University at Stony Brook will be initiated this fall. The four year program will lead to degrees in public policy (M.S. awarded-after the third year) and law (J.D. awardedafter the fourth year). The first, third and fourth years will be spent at the State University at Buffalo pursuing the J.D. degree requirements as well as researching a law and public policy project in the third year. The second year will be spent at Stony Brook in the first year core curriculum of the Urban and Policy Sciences program. During summer after the second year, participants will complete an internship in a public agency or community organization. A limited number of fellowships will be available to participants in theprogram. Additional information may be obtainedby contacting Mr. Wallin on the 1lth floorof the Prudential Building. The program for 127th commencement exercises to be held on Saturday, June 2, has been completed. The exercise will feature guest speaker Henna Hill Kay, Professor of Law at the University of California at Berkeley, who will deliver the commencement address. Professor Kay received her B.A. from Southern Methodist University and her J.D. from the University ofChicago. Ms. Kay was a member of the Chicago Law Review. She has served as Executive Director, Family Law Project, U.S. Department of H.E.W.; Fellow, Center for Advanced Study in BehavioralSciences and Law Clerk, Chief JusticeTraynor, California Supreme Court. She has also served on Governor Brown's "Committee on the Family" and was a Reporter, National Conference of Commissioners on Uniform State Laws. Her special fieldsof interest are "Conflict of Laws;" "Domestic Relations" and "Women and the Law." The Commencement will additionally feature remarks by Provost Richard D. Schwartz and the Honorable M. Dolores Denman, President of the Law Alumni Association. Information on dormitory housing for next yearis now available on the 1 lth floor of Prudential. For those students who prefer living off campus, bus schedulesand routes to the new building have not yet been decided. Currently, definite plans have been made only for bus service between the Main Street campus and the dormitories on the new campus. For those living in the Buffalo State area, there is a bus leaving from 1807 Elmwood Avenue to the Main Campus, hourly, twenty minutes after the hour between 8 a.m. and 5 p.m. on weekdays. The Dean's office often receives offers of special interest scholarships. One of these programs is being sponsored by the Mercer County Bar Association. If anyone in the school is from Mercer County, New Jersey, applications for ;ch >larships and loans may be obtained by writing to Richard M. Kohn, Esq., 28 West State Street, Trenton, New Jersey 18608. The amount available to each individual ranges from $300 to $900 annually. 11 Sports by Douglas G. Roberts Huddle b) Dolph Shayes With Spring fever rearing its ugly head, thoughts 6. This man holds the record for the highest number invariably turn away from the trivial irrelevancies of ofsanctioned 300 games in bowling. t he law to a far more engrossing and a) Elvin Mesger c) Billy Welu thought-provoking area namely, mind-bending, b) Don Carter d) Mike Stachowski brain-splitting sports questions. follows, following longestpunt. the exam which the He holds therecord for the In 7. yardsticks have been provided: a) Doak Walker A score of 0-3 qualifies the student as a genius. b) Don Cockroft d) Byron "Whizzer" White c) Steve O'Neal e) Vinny Tracy A score of 4-5 rates superior. - A score of 6-7 indicates that the examinee had better reasses his values. 8. Comebackof the year (1972-1973). a) Bobby Tolan c) Carlos May A score of 8-9 ranks the quizee as a person in b) Al Downing d) Lou Del Cotto need of custodial supervision. A perfect score of 10 results in automatic expulsion from law school. 9. This basketball superstar holds the record for most assists in one game. 1. He is the world's tallest malebasketball player. a) Bob Cousy c) Oscar Robertson a) Kareem Abdul Jabbar b) Fred Hilton d)Doug Roberts b) Swede Holbrook c) Cheech Letro 10. Coach of the year, d)Vasily Akhtayev a) Al Snyder b)Boom Boom Solomon d)MarkFinkelstein fly c) Jack Ramsey e) None of the above (i.e. ball 2. Ballplayer who caught the highest height of the catch). a)Wally Moon c) Joe Sprinz b) Bob Portnoy d) Wayne Terwilliger ANSWERS e 10. 3. Most free passes issued in one season. 1959 February Celtics, Boston with 28 a, 9. Corporate Tax in 2.956 B; Tax in 1.512 d, 8. a) Ryne Duren c) Mitchell Franklin b)Warren Spahn d) Bob Feller 1969 yards, 98 c, 7. 24 a, 6. '72 Fall Law, Criminal I in F's 13 d, 5. 4. Most consecutivebasketball points scored without Nationals missing. Syracuse with 1961 December, in 32 c, 4. a) Wilt Chamberlain c)Larry Costello c, 3. b) Oscar Robertson d) CharliePilalo '72 Spring, Conflicts, in 125 jaw.) Sprinz' broke impact of force The airship dropped (baseball an 5. Most foul shots made in one season. from ft. 800 c. 2. c) George Mikan a) Bill Sharman l.d,7'3.3" trip to the Sunshine coming week. Since the final issue of the Opinion will be a special picture issue, this will be the last column of "The Turn of the Screw" this year. If anyone needs information on financial aids or student affairs, matters, Wednesdays 9:00-11:00 and I am at the 11th floor of Prudential,feel free to call me anytime at Thursdays 11:30-2:00. Also, please 838-4576. If I'm not home, please leave your name and phone number. Belling ■ Second Moot Court Places the closeness between the winner Buffalo's Moot Court team, felt composed of oralistsLance Mark and and Mr. Mark merited recognition of efforts. David Schubel, narrowly missed top Mr. Mark'scompetition among the The honors at the Eastern Regional Competition of the Philip C. Jessup schools was very keen, but the real Buffalo and International Moot Court contest was between judges of the Syracuse Syracuse. The Competition held at competition were very impressed University on March 30 and 31. the quality of Buffalo's effort The regional competition was with that the team was organized on a round robin basis in light of the fact Moot Court Board by the State in the Our teams won't be there for all the fun and games and orange juice. Ail contests are qualified count 'em on the schedule NCAA sanctioned intramural games. Also the players will be working to furtherprepare themselves for the 10 game season. "Of course we want to win these games in Florida," No-Fault coach Mike Paskowitz said, "but our main purposes arc to get our kids in shape and to get some games under our belt. The trip increases morale and brings the team closer together." That's quite a chore, considering —- The final day for dropping classesis April 23. Also, students may now register for summer school sessions on the 11th floor of Prudential. among law schools from New York, fielded d) Al Katz the International Law Pennsylvania and Ohio. Buffalo and rather than Society as were the other schools. the same up with Syracuse ended The factual situation of the won-loss record. However, by the problem argued is that of the current complex cross-matrix means of controversy between Great Britain scoring the competition, it was their and Iceland concerning determined that Syracuse edged out respective fishing rights. Iceland Buffalo by a small number of points. that her less developed status Unfortunately, the team was claims her greater rights than that of affords runner-up status forced to settle for Britain. in the Best Oralist category as well. Assisting Mr. Mark and Mr. Lance Mark, captain of our team, in preparation for the in Schubel honors place was named to second competition were Jesse Baker, Tim name unusual to very is this area. It Toohey, Gary Schmitt and Joe the runner-up in this category, but Burden. the organizers of the competition Fla. 1st Stop for "Law" by Skip Hunter UB Law's IM Softball teams went to Florida during the semester break last year to play a few game's in preparation for the season's strong IM competition. The Shysters came back 4-5 and went on to the University IM World Series at Omaha, Nebraska, as the nation's third-ranked IM squad. No-Fault played an impressive schedule and that both Paskowitz and Shyster coach Pete Ruppar have 50 players each to choose from. "Of course it's very difficult to pick 15 players," Ruppar said. The teams will carry 11 players during the season and Ruppar hopes to have another 12-man IM J.V. squad. At press time, the way the team rosters shape up are as follows: Harry Hersh, THE SHYSTERS Bob Sichel, W. Taylor, N. Wong, Jr., - J. Levi, Joe Gerken, Pete Ruppar, J.J. Freeman, J. Solomon, T. Mullaney, Brian Miga, and this reporter. Bob Doren, Al Jim Augustyanski, A. gaining its fifth unprecedented World Herdzik, S. Slesinger, Gerry Schultz, Series championship thereby Mike Darmen, M. Paskowitz, R. becoming once again the nation's Tobe. J. Levine, Jack Finnerty and Number One IM team. Earl Carrel. "Our main purpose is to get the The Shysters and No-Fault may again the not repeat same feat this team in shape," Paskowitz said. That season but they're going to try by Florida sunshine is a good way to starting the season off right with a start. remained undefeated NO-FAULT throughout, Costanzo, �THE OPINION 12 more extensive Dean Comments This problem might be Continuedfrom page 3 ameliorated somewhat if we could reviewing existing programs, and secure additional staff to work experimental efforts such as the with many of our devoted alumni clinics. A slightly revised first-year who are also concernedabout this curriculum plan will be considered problem. We are plased to note, by the Faculty at its April however, that the law school will meeting. The first-year faculty be the beneficiary of a substantial have been very concerned about gift to the Universtiy, some of the legal writing aspects of the which funds will be available for a first year and we are attempting "top scholar program" to strengthen the legal writing comparable to the Root-Tilden program on an interim basis for program at NYU, although on a 1973-4. We hope to have an even somewhat smallerscale. We would more substantial writing program note, in this, regard, that we do available in subsequent years. not feel that a purpose of such a Student Body The Faculty program is to overcome "the expects to admit approximately somewhat defensive attitude of 300 first year students in the students as to their abilities." September 1973. We anticipate We believe that we already have thatadmissions will remain at that an c utstanding faculty and level thereafter. That is student body. contingent, however, on our Facilities We concur with the receiving additional faculty to team's appraisal of our new work with the larger student building and their praise of body. The admissions program for Professor Wade J. Newhouse. Our 1973 is not yet complete. new location will greatly improve Applications have remained at the the quality of living in our school. The team's same high levels as in recent years. Conclusions We expect that the Class of 1975 "serious question" regarding the future academically, of this school related only strong will be very and will include approximately to its concern that the University the same proportions of minority proper might not provide the and women students as in thelast support necessary to our achieving two years. It appears that the the poiential found by the visiting upstate-downstate balance in the team. We believe that such first-year class will also be support will be forthcoming. We are most grateful to the approximately the same as at visiting team and the counsel on present. The financial aid situation will i the Section of Legal Education of probably deteriorate somewhat in I the ABA for their high praise of the coming year as a result of our current position and their cutbacks in federal aid. The Law < optimistic outlook for oui future, School has no significant separate ; and we believe that the faculty endowment and no real prospects ; and students of this law school for raising the kinds of funds thai will in fact, justify the optimism would be required to provide i expressedby the visiting team. much student aid. - , - : < Smith ' Fellowships Awarded Seniors Yvonne Lewis and Linda Cleveland have been named to receive Reginald Heber Smith Community Lawyer Fellowships. These fellowships consist of stipends of $10,500 for one year, paid to the recipient while he or she is affiliated with a local Legal Services office. Initially funded by the OKO Office of Legal Services in 1967, the award is offered to recent law school graduates and young attorneys to serve at one of the more than 265 OHO offices through the U.S. Of the 1600 applicants interviewed this year across the nation. 150 were chosen to receive the fellowships. Approximately twelve applicants were interviewed here. The program was set up to secure representation for thepoor, advice for community groups, and assistance in the economic and social development of poor communities. Not more than 25% of a recipient's lime during the year may be spent on lest cases for thepoor emphasis is to be on legal reform work. Linda Cleveland, a 1970 graduate of Park College (outside Kansas City, Mo.), has worked forPrisoner Releasehere since October 1971, after spending the preceding summer working in a Neighborhood Legal Services office. She has been assigned to the office in WhitePlains. Yvonne Lewis, a 1967 graduate of Geneseo State College and a former case worker and teacher, has spent two semeseters and two summers working for the Legal Aid office here. Shehas been assigned to the Syracuse office. - A.B.A. Studies Press Shield American Bar Association President Robert W. Meserve announced that six representatives of ABA have been named to study journalists' shield laws and to consider an Association policy position on the controversial issue. Meserve first disclosed the intention to create the study group in a February speech before (he New England Chapter of Sigma Delta Chi, the professional journalism fraternity. The study panel will be composed of representatives of t wo ABA sections and one standing committee concerned with the shield laws subject. Named convener of the group is Judge David Brofman, Denver, mem ber of the Standing Committee on Association Communications. Also named is another member of this committee, Vincent E. Whclan, San Diego, Calif., attorney. Representing ABA's Section of Crim i nal Law is Daniel A. Rezneck, Washington, D.C., attorney, who is chairman of the section's Committee on Constitutional Rights. A second representative of that section is Paul A. Nejelsi of New York University Law .School, who is chairman of the section's Committee on Legal Research and Criminal JusticePlanning. Named to represent the Section of Individual Rights and Responsibilities were: Jerome J. a Retrospective by Earl Carrel nice to have 20/20 vision. Having 20/20 foresight would be great, but almosteveryone hindsight. Obviously, don't have 20/20 has 20/20 vision, because I wear glasses and 1 don't have 20/20 foresight, because I am writing this column. It is with my excellent hindsight that I look at the three years I have spent in law school. I might very easily say that if I had to do it all over again I wouldn't have gone to law school. I won't say that,because in three years I have learned a lot. Unfortunately, I have not learnedhow to be a lawyer. I always thought the reason for going to law school was to learn how to become a lawyer, but after three years I now know this is a lie, a fabrication, and a treacherous myth perpetrated upon the foolish. Undoubtedly this attitude will pervade the rest of my writing, but still, I will try to be as objective as possible. 1 came to law school for three basic reasons. My parents wanted me to be a lawyer, I had nothing better to do at the time, and in theback of my mind, I thought 1 might like to practice law someday. Now, my parents still want me to be a lawyer, I still have nothing better to do, and although f still may want to practice law some day, 1 find the idea very distasteful. I am very firmly convinced that there are many things a person can do with a law degree besides be a lawyer. However, just try to tell some of your fellowstudents this. As far as learning goes, I have learned about the law. I have learned the word is not synonomouswith justice or fairness. I have learned of the twisting, turning, tumultuous paths which the law follows. Most importantly, however, I have learned to question what people tell me. Not just the writings of men and women of whom nobody has ever heard, but the deeds and promises of those persons with whom we have to deal in every day life. In other jwords,law school has taught me to distrust. My naivete has slipped away to the point where I cannot believe any promise made by a university official until I see it in action or effect. Certainly there are a number of faculty and administrators here who are honest, hardworking, truthful and willing to give a student or colleague an even break, bul they are so outnumbered by the bullshit artists and incompetents that they either give up, go into hibernation or join with the majority of phonies and fakers. It is time for the law school to purge itself of these nonessential bodies and make like Diogenes in the search for honesty and truth. We have to ask ourselves the question of what is more important, teaching and learning or playing thelaw school game of self-serving paper shuffling, talking in riddles and inaction. If the State University of New York at Buffalo Faculty of Law and Jurisprudence is to become one of the top law schools in the country the answer is obvious. Some examples of bureaucratic pettifogging It is always 1 CLASSIFIED Never spent Saturday at the Blacksmith Shop because you don't like "jazzbands" Thermopylae has more in common with Varese than with "Satchmo." BEER, WINE AND CHEESE John Anderson. Chairman of the Social Committee, proudly announced the first, 2nd-semester Beer, Wine and CheeseParty to be held on Friday, April 6th, 2 p.m., in Eagle lounge. Shcstack, Philadelphia, and George Saunders, Chicago, chairman of the section's Committee on Freedom of Speech and thePress. The study.panel is expected to hold its first meeting early in April and its report will be made to the ABA Board of Governors. In February, at the Association's midyear meeting in Cleveland, Meserve told members of ABA's policy-making House of Delegates that he hoped examination of the issue also by individual ABA sections would result in a "prompt and constructive statement of policy on the part, of the Association." ■ n,i..\., iiini. /\iiu t.nLi.,ii, April 5, 1973 which are directly attributable to the law school administration are worthy of mention. In the three years I have spent at Eagle Street, the examination procedure has changed three times. My personal feeling is that the anonymous grading system is a waste of student, faculty, administrative land secretarial time and should be scrapped. We all know who we are and despite what I have said before, 1 still have enough trust in the academic integrity of the majority of the faculty to believe they would grade solely on thebasis of what is written. I ask the 1lth floor to give me a straight answer, not through a flunky, justifying the anonymous grading system. Another system whichhas changed three times in three years is the grading itself. The culmination of this farce was having Associate Judge of the Court of Appeals Adrian P. Burke write us in December, 1971, not only to ask what the hell was going on, but to ask for an'explanation of the grading system so our graduates could take the Bar Exam without having to petition. The ridiculous HD, H, Q, D, F system should be eliminated and a more sensible system of straight pass/fail or A, B, C, D, F should be instituted. Everyone should then be able to understand our grading. An even better record of change than three for three is the curriculum whichhas been changed four times in four years and there are rumors of another pending change for this coming fall. If this school is ever to attain a national stature, incoming students as well as present students should know what they will have to take, when they will have to takeit and how many credits they will need to graduate. All that is neededhere is some stability. I could go on and on with examples like these, but it is unnecessary. I will,however, just mention two more things. The first is placement. We cannot exist with a part-time placement officer who is not a law graduate. That type of person cannot even get in to talk with a major firm, let alone convince them to recruit here. This law school needs a full-time, law-trained placement officer who would be dedicated to the task of helping graduates and students find jobs where they could use their legal education to its fullest advantage, not only as lawyers, but as administrators, teachers, and businesspeople. The second area of my concern is student advisement. Most students have little knowledge of what thr:y should take or even want to take. If you divide up the number of students among the faculty you would have an advisement load of approximately 17 students per faculty nembei I trust' it is not too much to ask of a law professor to take some time to help a student figure out whathe should do with the three years he has spent in law school. I know I am bitter toward law school, but 1 think I know why. I also realize that my own bitching and moaning will have no effect on the structure of this school unless people agree with me. And so my retrospective ends with just one other thought. What the hell does jurisprudencemean? BulETiNBoARd ATTICA DEFENSE LEAGUE TO MEET The Attica Defense League will hold its next meeting on Tuesday, April 10, at 7:30 p.m. at the Unitarian Church, corner of Klmwood Avenue and West Ferry Street. NEWSMEN'S PRIVILEGE CONFERENCE The Second Circuitof theLaw Student Division of the ABA is sponsoring a conference in New York City on Sunday, April 8. The subject of the conference is "Newsmen's Privilege." The Hon. William O. Douglas and Sen. Sam Ervin have been invited to speak. All students are welcome to attend. Approximate cost will be $5 for meals, no registration fee for LSD members, $3 for non-LSD members. There is a possibility that the Second Circuit will be able to compensate students for part of their ' CORRECTION Photos in the coverage of tenure and reappointment last issue were mislabeled. They should read, from left to right: Patrick L. Kelley; Phillip R. Lochner; Robert W. Gordon; transportation costs. Kenneth M. Davidson. . . .. STUDENTS now HEW invest in life insurance while your premium rate is low! New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans LucianCParlato.CL.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Bus. 852-3446 Res. 832-7886 IHHH � 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, 1973-04-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/5/1973 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 15:43:00 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/ea08d559a482c84fbd570cfd20b92292.pdf 698a5275fb150bc87e966c089b21da1e PDF Text Text Non-Profit Organization The Opinion 77 West Eagle Street Buffalo, New York 14202 TO HE PINION Volume 13, Number 10 State University of New York At Buffalo Law School U.S. Postage PAID Buffalo, N.Y. Permit No. 708 lMay3, 1973 Lqu Haremnki The Editorial Board and the staff of the Opinion hope you enjoy this last 73 school year. We wish you luck on your exams and in your summer job issue of the 72 or permanent job hunts. These photos may give your eyes something to enjoy between now and the close of the exam period. They are all by law student photographers. - Chris Belling Chri< B««iM �John Levi JulioFuente* Gary Matttno Lou Haremtki Jim Burgio �Lou Haremaki ChrisBelling Julio Fuenfes Gary Muslim Cbria Bellini �Frank Buffomantt Julio Fuenle, John Levi Chris Belling Gary Masline John Levi \ � 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, 1973-05-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/3/1973 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 15:44:00 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/4e40a3ff24d0273dd493b7705fd7ead2.pdf f592b9dbc23d990940a8b39880bf0cbf PDF Text Text Opinion OPINION John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 1 IN THIS ISSUE: SBA President's Corner 2 2 3 Attica: Motion to Dismiss 4, 5 New Professors 4 Faculty Committees 6 Judivision Comes to Life 7 Spring and Summer Grades 7 Faculty OfficeList 8 Alumni Line 8 Bulletin Board Mix Pholo by Reis Attica Photos of Dalou and Champen, courtesy of The Attica Defense Committee Attica Photo courtesy qf The Spectrum All other Photos by Belling 2 September 20, 1973 NO SEATS Buffalo. We're really here. before students can see the books New students and faculty for the library. Nor will many cannot imagine the transplant take notes when surprised by the shock apparent on the faces of peacock colors of our new faculty, administration and classrooms. The views from returning students. Gone are the O'Brian Hall's several sides will be cramped spaces, faulty desk arms better known than Hadley v. and standing room conditions of Baxendale. In fact, faced with Eagle Street. New professors will such a plethora of pleasures, we never know the joy of having ones may all flunk out. secretary in the hall, 200 yards Is This the Best of from the nearest student, across the most vicious intersection in All Possible Schools? six states. First-year students are It must be admitted, however, blissfully spared the ignominy of that O'Brian Hall is not the segregation from upperclassmen ultimate expression of form and and the agony of 212 degree function. Before long, clay feet rooms with no ventilation. Few will become apparent here and tears will be shed for the old there; euphoria cannot last lounge (that travesty of a room) forever. Nor has the birth of this or the old library. new magnificence been without The contrast is nothing less labor pains: come on in (look out than stupefying. It will be weeks for the workers), take a seat on the floor, and ask any secretary about the air conditioning. Or, if you like, try'to find a book in the library for a while. The Opinion will happily keep a list of shortcomings, inadequacies, and horrendous oversights discovered by students throughout the year. Because the architect* contract states that no changes will be made in the building for one year, it is useless to tell the administration when you discover that there aFe no mouldings to hang pictures in faculty offices, or that the stairwells are extremely hazardous to children. Complaints about the lack of decent student lounge spac,e will doubtless mount • steadily (but remember that the plans regretably allocated no space for a staff lounge do you want to deal with a bunch of perpetually grouchy secretaries and librarians?). Chauvinists will resent sharing even one square fool with the Economics Department, and functionalists will decry the excess of wasted space. Still and all, we are so much better off here than we were back in the black holes of Prudential and Eagle, it will be only the ingrates and the Opinion who would dare cast stones here in paradise. Hintsat Getting About the North Campus During the first few weeks, while everyone is a newcomer, it will be helpful to have a few of the secrets gleaned by our special staff of trained gleaners over the course of the summer. Thereafter, you're on your own. Within the law school building itself, there are many nooks and crannies to be had for hiding, talking, or whatever. Enterprising explorers will doubtless soon discover therefreshment machines on the fourth floor, between the staff and student lounges. The first floor student lounge will also be available for the select group which can sit there. But for the other five hundred and fifty students, the problem of relaxing can become quite tiring. We suggest you first seek out one of window seals on every floor. These ralhcr weird forms are in fact pleasant places to spend a few moments just find a place amid the sleeping bodies. Nearby are some excellent out-of-the-way spots perfect for relaxation. Chasm's real New York deli, on North Forest Road just north of Maple, featurescool, quiet and excellent cuisine. Tell 'em we sent you, and they'll put a pickle on your plate. Big Mollies is both easily accessible, and noisy. But an epicurean editor of the law review swears it's the best soyburger in town. The Opinion is looking for a hardy soul with a steel belly to sample the various eateries out on Niagara Falls Blvd. until we find such a one (two have died already), we suggest the fine chicken at the SwissChalet. For those with slim budgets, there is the Governor's Residence Complex dining facilities, featuring well-balanced meals and that atmosphere we have ■ all learned to loathe over sixteen-plus of formal education. years Incidently, don't walk you risk breaking a leg in the construction no-man's-land. Instead, take the shuttle bus, whichalso runs to the Southand Ridge Lea campuses. Wherever you cat, remember to pack in the calories. With all the distractions from the work for which you came here, you will need those fats and sugars, for the all-nighters you will be pulling in December. Until then, have fun. the — - To Justify O'Brian Hall Dr. Richard D. Schwartz, Provost and Dean of the Law School, welcomes students to new building and new campus. Legislative Project PAID Buffalo, New York Permit No 708 State University of New York at Buffalo Law School Law School Rolls Out Carpet for New Students Once again, tanned and weary law students are returning to the battlegrounds from which they sallied so long ago, pale and weary. Thereturning hordes, fresh from an unexpected ten-day hiatus between summer chores and the burden of books and briefs, are once more lining up at the bookstore, queueing before the ID photographer, and crowding around the drink machines. But there is a refreshing whiff of excitement amid the dust of weighty tomes and odor of provostial, professorial and presidential speeches. No one can escape astonishment upon entering John Lord O'Brian Hall, the first academic building at the North Campus of the State University of New York at Non-Profit Organization U.S. Postage Nobody would have believed it even a few months ago, but here we are! This ... building, product of the energy and intelligence of Professor Wade ). Newhouse (plus a vast array of supporting actors| is out of sight. It provides us with a physical setting, the importance of which is already apparent in the exhilaration that all of us feel. We have to find ways of using our good fortune to justify the superb work that has put us where we are. But at least equally important as an incentive for our work in the coming year is that the legal system clearly needs a fine bunch of lawyers and we should have a major part to play in supplying people who have the training, the intelligence and the heart necessary for the purpose. Each of us has to ask himself what he can do to make himself the ablest kind of contributor to the legal profession and through that to the society, and having asked ourselves, we then have to exchange views if we are to derive the kind of multiplier effects that the enterprise requires. On this basis, I bid you all welcome and a successful year. happy and Richard D. Schwartz Provost and Dean William Greiner Associate Provost Dr. Marjorie Mix AssistantDean of Students �OPINION 2 Editorial No More Frosh A minor point, but worthy of change: it's time law students left the demeaningrealm of "freshmen, juniors, and seniors", and became mere first, second and third year students. The needless disparaging connotations of such terms cannot help students in their studies or in their relationships with one another or with the administration, which perpetuates these labels, probably through force of habit rather than insidious design. Nevertheless, it is demeaning to be called a freshman and thus dismissed;and it is past time to recognize that first year students are capable of useful contributions to the law school community. ' Killing Us Loudly It is, at best, questionable whether anyone but the third-year student cares that while spring semester exams end on June 5, the PLI bar review course traditionally begins on June 1. The Administration apparently feels that law students spend their last year taking only paper courses, and therefore won't be using the 10 days allotted for exams (May 22 June 5) for anything but R and R, before they begin the grueling task of preparing for theNew York State Bar Exam, which usually comes about July 25. Last year, exams began on May 8, giving those third-year students who had no exams (how many?) about 75 days until the Bar. This year's graduating class is scheduled to have about 62 days, if they have no exams, at least 55 of which are spent enduring the ghastly ordeal required of Bar examinees in this state. Of course, if they do have exams, that time is cut, perhaps substantially, depending upon which day theirlast exam falls on. We applaud the attempt being made by Marty Miller and Registrar Charles Wallin to have the Bar Exam postponed for two weeks. That would be a real break for graduates taking the New York Bar. Of course, it's of no use - other graduates of this national law school who intend to. takebar exams from other states. After three years of law school, students need some time to get their heads together before they face what they hope will be the last major examination of their lives. The Administration should make every effort to see that these graduating students have psychological preparation as well as academic preparation. Overwork and exhaustion are never conducive to high performance on high pressure exams. -XL to Will Nickel Copies Go the Way of Nickel Coffee? Keep youreye on the negotiations between the Faculty Student Association and the law school's Marty Miller, SBA president, and Marjorie Mix, Assistant Dean of Students. Miller and Mix are pressing for a variance from FSA to allow us to keep our nickel copying machine if we don't get it, FSA will hit us up for a dime a copy. — Volume 14, Number 1 September 20,1973 rwi,- Opmioil Editor-in-Chief AssistantEditor Managing Editor Business Manager Photography Editor Articles & Feature Editor Sports Editor Kay Latona John Levi Vacant Vacant Chris Belling Kay Wigtil Skip Hunter Staff to berecruited The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the State University of New York at Buffalo School ofLaw, John Lord O'Brian Hall, SUNY/B, North Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or staff of Opinion. Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. September 20,1973 President's Corner Well, here we go again. Guess it's anti-climactic to make the observation that we are in the new John Lord O'Brian Hall. Suffering the risk of being nostalgic, I think each of us who experienced the dynamic duo (Eagle Street/Prudential) will find some of the familiar comforts missing. Gone 100 are the innumerable discomforts. We should recognize by Marty Miller that the University of Buffalo School of Law is undergoing a considerable change, a change that is of facilities. LSD executive committee this spring. than mere transfer action of the a marked by more Both the student body and the faculty have been The ABA would prefer that we ostracize the enlarged. I expect that all these changes should delegates from the non-accredited schools with the combine to give us a great case of growing pains. No hope that our action will spur them to seek doubt there are going to be problems; it isn't accreditation. The LSD voted to refer this issue to possible to anticipate or avoid each one. Please try to committee who will present its report to the body at bear with us; we are trying our best, that much I the 1974 convention. promise. The 1974 LSD convention will be held in early If you encounter difficulties, please contact us; August in Honolulu, Hawaii, and we will, as we do maybe we can be of assistance. Our school is sort of every year, send a representative, our first an unusual institution. By and large it is directed by vice-president. While it may seem early to start to faculty-student committees. So, if you communicate think about next August, 1 think we should begin to your ideas, problems, solutions to someone either in lay the foundation. I say this by way of advising the student government or on one of the various first year students that will soon be conducting committees, there is a high probability that your elections for class representatives to student thoughts will be aired. If you want to get involved, government. There are six positions available and I we welcome your participation. We are going to hope that one of thosesix will choose to run for first attempt to operate all of student government on the vice-president when SBA conducts its general committee system this year. Those committees will elections in the spring. Additionally, nominating be open to all members of the student body. A list petitions will soon be available for three positions on of all SBA committeesand all available positions on the Faculty-Student Relations Board. These faculty-student committees will be posted on the positions are elective and are open to every member SBA bulletin board. of the student body. (For a description of this or This summer, I attended the American Bar any committee, consult your new student Association Law Student Division Convention in handbook.) Washington. It was a worthwhile experience for me Information packets will soon be available for as an individual, and left me convinced that we SBA funding of student activities. Please be advised should seek to 'participate actively in ABA-LSD that by our Constitution, we are permitted to fund activities. The policy decision enunciated by the only recognized organizations, so if your group has LSD greatly influences the ABA, who in turn, affects not yet filed its constitution, it must be filed before the course of the profession, and of course, legal we can pass on your budget requests. A jist of education. This year, one of the major' issues organizations with constitutions on file will be confronting the LSD was the seating of delegates posted. from non-accredited law schools. Formerly, those If you would like to speak to me, I will be delegates -were; seated and accorded full voting around the law school. Stop by the office 504, privileges. However, that right was abrogated by an 504a. (Bring your own coffee.) - — Student Legislative Project and faculty alike, and after and managing director, the Law attending a conference of the Yale School will giv6 neither credit nor Legislative Servicesresearch group funds towards the project, nor in 1973, the student group was will it bear responsibility for the formed. opinions expressed in student work: the authors will be solely The goals of the Project are responsible. two: to provide research The originators of the Project assistance to legislators and hope for student participation in legislative committees; and to spite of the lack of traditional afford law students an rewards. Although the only opportunity to gain valuable incentive for participation is the research, writing and drafting opportunity to engage in an experience while contributing to educationally rewarding endeavor, the quality of state, county and it may be that such an municipal legislation. Research opportunity, is just the. thing that The Buffalo Legislation Project team leaders will recruit interested many students lack in their legal is an outgrowth of the Law students to participate in specific education. In any case, if the School's search during 1972 for projects, assemble the needed Project succeeds in mating student viable clinical programs in a data, and draft the legislation. intelligence to the existing need variety of fields. While drafting Associate directors will supervise for legislative research, the result legislation was not chosen as a the research teams, while should be beneficial for everyone, possible basis for a clinic, it administrative tasks will be including the Law School of the sparked the interest of students handled by the student director University of Buffalo. Five BuffaloLaw studentshave initiated a new student-run project at the law school, devoted to assisting legislators in the formulation and drafting of bills, statutes, and other legislation. Tom Bailey, Larry Candee, Jim Clute, Skip Conover, and ] im DeVoy hope to aid both legislators and law students by setting up research teams to tackle specific legislative projects in re sp onse to requests from legislative committees and individual legislators. Voight to Star at Studio Arena The Studio Arena season opens on October 4 with OTHER VOICES, OTHER ROOMS, by Truman Capote, to be directed by Buffalo native Melvin Bernhardt. A STREETCAR NAMED DESIRE, Tennessee Williams' masterpiece of the modern theatre, will be the November production with Jon Voight re-creating his recent Los Angeles performance as Stanley Kowalski. FUNNY FACE, the Gershwin musical that gave birth to such songs as •SWONDERFUL and THE MAN I LOVE, will be the December followed by the current Broadway piay THAT CHAMPIONSHIP SEASON in lanuary. FLINT, a comedy by David Mercer, will be presented in February, with Moliere's classic farce THE MISER in March. Starring in the title role will be Donald Moffat, whose performance in CHILD'S PLAY was a highlight of last season. The, April slotis being kept open in order to take advantage of last minute New York releases or a new play, and the season will close with the musical revue OH COWARD, based on the songs of the late Sir Noel. Studio Arena Theatre is partially funded by a grant from the New York State Council on the Arts. Series tickets are now on sale at the theatre, 681 Main Street, 856-5650, and at Norton Union Ticket Office, Buffalo State Ticket Office, and Buffalo Festival. �September 20,1973 OPINION 3 Attica Defense Moves to Dismiss on a single count is tantamount to conviction by Kay Wigtil NOTE: In September, 1971, the prisoners' rebellion at Attica brought the world's attention to the deplorable conditions in the prison. Both inmates and hostages were killed at the hands of the state when the prison was retaken. In all, 43 persons were killed. Fifteen months after the rebellion, in December of 1972, a Special Wyoming County Grand Juryhanded down 37 indictments against 57 inmates for activities alleged to have taken place during therebellion. Recently\ the .Grand, Jury handed down f(vq additional indictments, and continues to sit. During the summer I was one of six UB law students who received grants from Law Students'. Civil Rights Research Council to spend the summer working for the defense of indjetect Attica Brothers. Here I would ,1ike to.sh.are sonic, of what, 1 have learned and observed as a result of thiswork. The conclusion I have drawn about Attica is that the only way justice will be achieved is forall of the charges against theBrothers to be dropped, and the 28 demands they made during the rebellion to be implemented. The reasons for doing this reveal the content in which {he defense has" been forced to operate as a result of the State's abuse of the legal system. These reasons sum up the conditions under which the Brothers must go to trial if the indictments are not dismissed conditions which have already made fair trials an - impossibility. Most of the major reasons for dismissing the indictments were incorporated into the motion to dismiss, which was argued on September 5 and 6 by legal coordinator Donald jelinek, and by Ramsey Clark and William Kunstler, who each represent one of the Brothers. In argument they requested an evidentiary hearing in which the charges of misconduct by the State can be proven. Judge Gaughan, who heard the argument, reserved decision. Thereasons for dropping the charges are as follows: I. NATURE OF THE CHARGES The manner in which the indictments were formulated and handed down, will be prejudicial to the. Brothers. All 37 indictments were handed down at fifteen months after the once rebellion, generating publicity around the large number of crimes supposed to have been committed. The 37 indictments involved 57 defendants, over 1,200 counts, and many thousands of years in prison if the State is able to convict. Recently, five new indictments were handed down, adding two new defendants to the list. The indictments contain repetitive counts, charges for lesser included elements of the same act, and charges for violations usually disposed of at the administrative level in the - prison . (e.g., promoting prison contraband, possession, of a weapon). The motion to dismiss clearly explains how the repetitive counts will prejudice the jury: "Jurors tend to reason that a man charged with a large number of counts guilty of must be something. They conclude that the defendant has won in the event he is acquitted on seven of eight counts, overlooking the fact that all eight are repetitive, and conviction connected with and dependent on the prison, and which suffered on all counts." through the intense emotional The repetitive counts and charges experience of the rebellion and also serve to harass defendants assault, could hardly be expected and to increase the workload of to conduct a "fair and impartial the defense, making an already investigation" of the events at difficult and one-sided situation Attica. worse. Another argument made in the SELECTIVE motion to dismiss is that any 2. ENFORCEMENT further prosecution of the The strongest legal argument in Brothers violates the prohibition favor of dismissal is that of against double jeopardy, since the selective enforcement of the laws. Brothers were "tried" and So far, only prisoners have been punished in the prison, by guards, indicted, despite the McKay for their alleged role in the Commission's findings that the rebellion. This punishment took state troopers, guardsmen, and many forms, some of which were prison guards who assaulted the punitive segregation (solitary prisonersused illegal ammunition, confinement), forcingprisoners to] fired indiscriminately, etc. The run through a gauntlet of guards kinds of crimes the Brothers are with clubs, numerous and severe charged with (murder, assault, beatings, and the withholding of coercion, attempted murder, medical treatment for those kidnapping, etc.) all could be injured during the assault. brought against the State. This 3. DISMISSAL IN THE summer, Dean McKay criticized INTERESTS OF JUSTICE! the Grand Jury investigating The abuse of power and the Attica for its failure to perform its illegal actions of the Stale also duty in this regard. require that the charges be This failure is easily explained dismissed in the interests of by noting the composition of the justice. These abuses are not grand jury. Fifteen of its 23 simply "charges against the members knew or were related to State", as the media like to call persons who worked in law them. They are daily facts of life enforcement. Five knew or were under which the Brothers and related to persons who were defense workers must work and .injured, .or killed during the attempt to prepare a defense. rebellion. Women, minorities, I m mediately after the young people, and those with rebellion, the prison was sealed off to all but state officials, so that defense attorneys were unable to see their clients or the evidence in D yard. During this period the State took possession of all physical evidence and has retained control of it. As a result, the defense does not know what kind of evidenceexists, how it has changed and altered, or where in Attica it was found. The situation with witnesses who appeared before the grand ~^^^ymmm^^ jury and will presumably be used -/icruples about the death penalty for trial is equally corrupt. Many were all systematically excluded. of these witnesses for the State The prosecution was allowed by were coerced into testifying by Judge Ball to voir dire, but threats of indictments against defense attorneys were not them, the withholding of badly afforded an equal opportunity to needed medical attention, and question the prospective jurors. In beatings and threats on their lives. effect, the prosecutors picked The substance of their testimony their own jury. Certainly, such a was carefully prepared, and many body, composed of citizens of a were programmed as to what to cou n ty whose economy is say by being drugged and shown dependent upon the prison, which films. Much testimony was bought consists largely of people with grants of parole and/or ' , BassLevin, Judith A. Levitt, Hugh I. Manke, John MendenhaH, Mark Moreau, Robert L. Nisely, Peggy Rabkin, Michael Sherwood, and (ay Wishingrad. The Review has also announced a number of projects for forthcoming issues. Among ttiem':. a symposium on the legal problems associated with treatment of the mentally ill, featuring articles from a variety of related disciplines; and an assessment of the state of legal education, which is seen by some as being in a state of crisis. In addition, the Review plans a special issue devoted to John Lord O'Brian, Buffalo Law School's most illustrious graduate, to coincide with the dedication of John Lord O'Brian Hall in the Spring of 1974. With an increasing number of professional articles submitted to it each year and : Any students interested in working with the Attica Defense Leagueplease call 884-4423. Clerking for NewYork State Law Review Chooses New Candidates During the summer, the Buffalo Law Review selected its candidates for the current year. The 24 juniors who have been chosen will prepare both their own material and professional articles for volume 23, and their work will determine .their eligibility for election to ,the editorial board, as editors or senio; members.' The candidates are: Aian M. Aharf, Barbara D. Barth, Kenneth Bersani, Barbara J. Davies, Robert Doren, Dale Ehman, Robert L. Fellows, Shelly Friedman, Diane Bennett Graebner, Matt Greenblatt, Arthur A. Herdzik, Ronald A. Huebsch, Linda Connor Kane.C. Leon Kirn, Elizabeth Lang, Susan Champen immunity. For example, indicted Brother Charley Joe Per-nasilice, on the day of his arraignment, pointed out a BCI agent in court who had threatened him with indictment if he would not' cooperate. He did not cooperate, and was subsequently indicted. Prospective defense witnesses are afraid to come forward in court for fear of beatings and retaliatory indictments, since the grand jury is still sitting. 4. PUBLIC OPINION Pre-trial publicity is an obvious issue in this case. The massive publicity and emotional scenes at Attica reached all sections of the nation. |urors from Erie County, where the trials will be held, who have no preconceived opinions will be rare if they exist at all. Erie County is close to Attica and was more affected by the rebellion than other counties. County sheriffs were at the scene. Finding impartial jurors for at least 40 trials (42 indictments) will be impossible. Jurors have also been affected by publicity centered on court-room proceedings this summer. TV cameras showed the strict security measures taken by Judge Ball. Viewers saw a wire cage, searches of attorneys and spectators, etc. The impression given the public that defense lawyers, their assistants, and the spectators cannot be trusted will inevitably have its effect on that lawyer's credibility to a jury. the accompanying difficulty in selecting material for each issue, the Reviewis fast becoming a very exciting place to be for its members, who are confident that the quality of both professional and student work is increasing. Interested freshmen and others are invited to stop in at the Review's sixth floor offices to learn more about the functions and foci of this most visible exponent of the student body. by Buffy Burke Summer '73 turned out to be beneficial, enjoyable and monetarily rewarding for three UB law students. Buffy Burke, Don Braun, and Ken Graber were appointed by Louis J. Lefkowitz, Attorney General of the State of New York, to eight-week internships in the Attorney General'sBuffalo office. Unlike private firms, who often use their law clerks for messenger work, Michael Wolfgang, the Assistant Attorney General in charge in Buffalo, saw to it that the interns experienced a variety of legal work. Their internships included memorandum and appellate brief writing in social servicelaw, federal habeas corpus, constitutional law article 78 proceedings, and consumer frauds. At the conclusion of their eight weeks, the three UB law students were commended by the Attorney General and received certificates from New York State's Department of Law attesting to their public service. Those students interested in clerking for New York State next summer are advised to apply early in January to State of New York, Department ofLaw, Albany, New York 12224. �September 20,1973 OPINION 4 Four Professors JoinFull TimFeaculty in 1973-4 into the position of "rewrite man" for the entire program. Mr. Schlegel refers to himself as "a 'paper lawyer1 by trade." When he left Legal Services, he was officially Supervisor of the Housing Team. His area of academic interest is wide: "that corner where law and intellectual history meet- and to the extent that that encompasses philosophy, then philosophy, too." He is interested in teaching almost anything which lends itself to being stimulating from an intellectual viewpoint he sees the excitement of dealing with the course material and the excitement of leaching as equally important. Mr. Schlegel's course for this fall will be Civil Procedure A. He expects to teach Sales in - the spring. Publications include: (1) "Of Nuts, and Ships, and Sealing Wax, Suez, and Frustrating Things The Doctrine of Impossibility of Performance," 23 Rutgers L Rev. 419 (1969); and (2) "The Conscientious- Objector and the First Amendment: There But for the Grace of God ... ", 34 U. Chi. L Rev. 79 (1966). JACKSCHLEGEL Schlegel received hib undergraduate degree from Northwestern University in English in 1964. Three years later, he graduated from the University of Chicago Law School, where he was a lack member of Law Review, and had been elected to the Order of the Coif. As a teaching fellow at Stanford during 1967-68, he handled the legal research writing course, which was attached to the first-year contracts course. For the next five years, he worked for the Legal Services Program in Chicago. He began as a trial attorney, but soon moved L. THORNE McCARTY L. Thome McCarty was born in Kentucky in 1944. He received a B.A. in mathematics and'philosophy from Yale (1966), and a ).D. from Harvard (1969); arid he has pursued graduate studies in mathematics and computer science at M.I.T. (1969-70) and Stanford (1971-72). He was Articles Editor of the Harvard Civil Rights Civil Liberties Law Review in 1968-69, and was admitted to the Massachusetts bar in 1970. From 1967 to 1970 he worked as a mathematician and -- FOR INFORMATION'S SAKE The first-year class has 318 members, 246 of whom arc male and 72 of whom are female. The 37 minority students are 26 men and 11 women. Last year's first-year class was composed of 188 students, of whom 141 were men, 47 were women, and 24 were minority students. The percentage of women students has dropped from 25% to 22.6%. The percentage of minority students hasremained 12.7%. Opinion Solicits Contributions The Opinion Slaff is happy lo welcome all of you to John Lord O'Brian Hall, and wishes you a happy and joyous year of study and struggle. We will try to serve you by keeping you informed of the various events and activities that go on during the year. In order to better perform this duty, we ask for your contributions in producing the paper. There are staff openings for editorial and reporter positions. Reporters are especially needed. Even if your time is limited, we appreciate your written reactions to anything you see in this paper, or anything happening within the school or community which would intcrcsl the student.body. For those who may wish to contribute their talents in photography, we have our own darkroom on the 2d floor. If the students wish to be serviced by a quality student publication, they must contribute to making the paper a quality publication. If you are interested in contributing, please visit our offices in rooms 623-24 or call 636-2107. We look forward to —KW seeing you. computer scientist for a Boston consulting firm; from 1971 to 1973 he was a Law and Computer Fellow at Stanford Law School; and in 1972-73 he was a Lecturer in Law at Stanford. He is currently an Assistant Professor, Faculty of Law and Jurisprudencehere. At Stanford, Mr. McCarty assisted in teaching a graduate course on "Computer Models of Social Behavior," offered jointly by several social science departments, Spring Quarter, 1972. And in the Spring Semester, 1973, he developed and taught a seminar at the Stanford Law School entitled, "Decision Technology and Law," a study of the methodology of the decision (optimization, model-building, science simulation, etc.), its applications to public policy analysis, and its relevance for law and lawyers. In the Fall Semester of this year, he is teaching a section of Contracts here; and he anticipates revising the Decision Technology seminar for a second offering this Spring. Articles and papers include the following: (1) "Quantitative Methods in Legal Problem Areas: An Experimental Seminar," presented at the Stanford-AFIPS Conference on Computers, Society and Law: The Role of Legal Education, Stanford Law School, June 25-27, 1973; (2) "Computer Modelsj«is Advocates," a review of Meadows, et, a/., The Limits to Growth, in 8 Stanford Journal of Internationa/ Studies 154 (Spring, 1973); (3) Decision Technology and Law, materials for Law 274, Spring Semester, 1972-73 {mimeo, Stanford Law School); (4) "Interim Report on the TAXMAN Project: An Experiment in Artificial Intelligence and Legal Reasoning," presented at the Workshop in Computer McCarty Applications to Legal Research and Analysis, Stanford Law School, April 28-29, 1972; {5) "Automatic Classification Techniques for Earth Resources Satellite Data," presented at the Seminar on Earth Resources Satellite Technology, U.S. Geological Survey, Washington, D.C., June 29, 1970; (6) "Simulated Economic Models in Antitrust Proceedings: A Speculative Proposal for Clayton Act, Section 7, "Third-Year Paper, Harvard Law School, June, 1969. Faculty Committee List . Budget and Program Review ■* R. Schwartz, Chairperson *DclCotto * Fleming * Rosenberg Kaplan Minority Student Affairs § Holley, Chairperson § Harrlng S Mann § Wenger Mitchell Lectures § Galanter + Wenger Appointments Academic Policy and Program + R. Schwartz, Chairperson * Atleson Girth * H. * Schwartz + R. Schwartz (Chairperson to be elected by the faculty| ij Fleming, Chairperson JJ Davidson '. bch logo I ** Atleson Buergenthal * Horn burger § Laufer § McCarty § Rcis § Swart/ Faculty Senate Faculty-Student Relations Board § Buyer § Homburgcr § Kochery by FSRB| ' S Faculty Grievance Admissions (Chairperson International Legal Studies .§ Buergenthal, Chairperson § Franklin, Consultant to be elected Building § Newhouse, Chairperson * Davidson Girth * Hyman * Long-Range Planning § Hyman, Chairperson § Atleson § Galanier § Goldstein § Gordon § Nowhouse § Rosenberg Placement § Rickert Research and Special Programs § Galantor, Director § Kaplan, Coordinator Moot Court Collegiate Assembly § Greiner Legend: *§ elected assigned + ex officio S tudent representatives, to these committees will be announced in a futureissue of the Opinion. �September 20,1973 OPINION she was Third Year Note Editor of the Law Review. At Wisconsin, she was elected to the Order of the Coif, and received the Portia Prize for Outstanding Woman Student, the Benchers Scholarship, and American Jurisprudence Prizes in Criminal Law, Criminal Justice Administration and Legislation. During law school, Ms. Harring worked for the Attorney General of Wisconsin as a law trainee, then clerked half-time for a Madison attorney. She clerked the summer of 1970 for Cleary, Gottlieb, Steen and Hamilton of New York City. Ms. Harring spent the 1970-71 academic year as a legal writing instructor at the University of Wisconsin Law School. Last year, she was a Bigelow Teaching Fellow and Instructor at the University of Chicago Law School, where she taught legal reasoning, research and writing. As an Assistant Professor here, Ms. Harring will handle a section of the first year torts class in the fall semester. Her major areas of interest are constitutional law, legislation, torts, and legal history. JANETS. HARRING Janet Harring received her B.A. from Macalester College, in St. Paul, Minnesota, where ishe1 was graduated summ'a ctfrti iaude, with honors in political science, after three years' attendance. She was a National Merit Scholar, and while at Macalester was a member of the Debate Society and of Phi Beta Kappa. In 1971, she graduated magna cum laude from the University of Wisconsin Law School, where Publications include the following: (1) "The logic of Conspiracy" in Legal Concepts in Conspiracy (Arno 'Press, 1972), reprint of Note, "The Logic of Conspiracy: U.S. v. Spock, 416 F. 2d 165 (1969)," 1970 Wis. L Rev. 191; (2) Comment, "Liability without Fault the Logic and Potential of a Developing Concept," 1970 Wis. L Rev. 1201; and (3) Comment, "State Immunity from Suit withoutConsent: Scope and Implications," 1971 Wis. L Rev. 879 (with Sidney L. - Harring). 5 BARRY B. BOYER Barry Boyer received his A.B. from Duke University magna cum laude in 1966. At Duke, he was a member of Phi Beta Kappa and Phi Eta Sigma; and president and secretary of Kappa Sigma Fraternity. He received the Kappa Sigma Junior and Senior Scholarship-Leadership Awards,and participated in YMCA aciivities and intramural sports. Mr. Boyer was graduated from the University of Michigan Law School magna cum laude in 1969. He was Article and Book Review Editor at the Michigan Law Review, a member of Case Club, (MootCourt) Freshman Book Award and Visiting Judge during Junior and Senior years, and research assistant to Professor Arthur R. Miller during the summer of 1967. He was elected to the Order of the Coif. After graduation from Michigan, Mr. Boyer clerked for Judge Edward A. Tamm, United States Court of Appeals for the District of Columbia Circuit for a year, then became attorney advisor to Commissioner Mary Gardiner Jones at the Federal Trade Commission for a year. During the following year he was staff attorney for the Administrative Conference of the United States, Roger C. Cramton, Chairman. From September 1972 to March 1973, he was attorney advisor, Office of Legal Counsel, United Slates Department of Justice, following which he acted as consultant to the American Bar Foundation. Mr. Boyer's major areas of academic interest are administrative law and procedure, consumer protection, environmental law and trade regulation. Publications include: (I) "Legal Education Today: An Agenda for Research" with Roger Cramton (forthcoming in the Cornell Law Review); (2) "Improving the Quality of Justice in the Marketplace: The Need for Better Consumer Remedies," with Mary Gardiner Jones, 40 Geo. Wash. L Rev. 357 (1972); (3) "Alternatives to Administrative Trial-Type Hearings for Resolving Complex Scientific, Economic, and Social Issues," 71 Mich. L. Rev, 111 (1972); (4) "Citizen Suits in the Environmental Field: Peril or Promise?" with Roger C. Cramton, 2 Ecology L.Q. 407 (1972); and (5) Comment, "Copyright Pre-Emption and Character Values," 66 Mich. L. Rev. 1018 Library Opens amid Blood, Sweat andFears The library opens thisweek in spite of more than the ordinary tribulations which accompany moving to a new building. Hampered by moving problems and late installations along with other departments, the library has had to deal with a June fire in the furniture factory which was contracted to supply architect-designed a fire which study carrels and tables destroyed, over 50% of the library's seating - capacity. In order to open on time without ihosc seats, library staff have moved tables from the old Eagle Street reading room to the new campus, and hooked up temporary lighting. The new carrels and tables, which should now arrive continuously from November to January, will feature unit built-in lighting. In addition, all slacks are individually lit, though some of these lights are not yet installed. A new series of library policies has been announced by Professor Larry Wenger, head librarian, to facilitatestudent use of the new library. There will be no assigned carrels for this school year, but students are encouraged to comment on carrel use, so that a proper policy can be arrived at. Also, a fines policy is being implemented to better enforce book return dates. Most spectacular of the new library's assets is a book sensilization and detection system which will severely hamper the scores of petty thieves and master criminals who yearly decimate the library's effectiveness for their fellow-students. Each book in the collection has been sensitized individually and sensors are installed at the second-floor exit. Anyone who attempts to remove a book from the library without charging it out will cause an alarm to ring. Since all other exits to the library are emergency only, and will sound an alarm if opened, it is expected that for the first time students will be able to find thebooks they want. The library thus hopes to offer a full range of services to all of its patrons. The reading room and balcony on the third floor are already completed, and it is hoped that the entire structure will be finished within the semester. Toilets are situated within the library on the west side of the third through seventh floors, so that students need not leave the library at all, if they desire. A full inventory of the library's holdings has been initiated, the first since 1970; and a full-time shelf checker is being hired to insure that each book is shelved where it belongs. Students should no longer be plagued with the chronic inability to find anything, in the new law library. Library hours are: Monday to Friday 7:30 AM to 10 PM; Saturday 9 AM to 5 PM; Sunday 2 PM to 10 PM. The library will open on September 24th. - - �September 20,1973 OPINION 6 Judivision.. .Judivision.. Judivision by Earl Carrel Remember the days of Perry Mason, Sam Benedict, Clinton Judd and all the other TV lawyer folk-heros? The scene is stil! there, only the viewers have changed. Now instead'of John Q. Public sitting ii his living room sucking on a beer and watching the tube, John Q. juror is sitting in the jury box watching a videotape monitor. This is no futuristic dream, but reality. The first videotape trial was held November 18, 1971 in the Court of Common Pleas in Sandusky, Ohio. It was a simple motor vehicle negligence matter, but the case of McCall v, Clemens did prove that television technology could work in the forum of law. Even though Erie County, Ohio, was the site of the first trial using videotape, portions ofadministrative hearings and portions of trials have been videotaped in the past. Also, Erie County (Buffalo), New York, has been much involved in the area of videotape trial experimentation and research since early 1970. Buffalo attorney Mortimer A. Sullivan, Jr.-, had a client in the television industry who, one day, spent the day with Sullivan because of a matter in litigation. According to Sullivan, the client became upsei at the sight of dozens of lawyers standing around the courthouse waiting to be called for Special Term Calendar, and other matters. The idea of using television technology emerged and on March 7, 1970, JudiVision Corporation was formed. Ohio is the number one state in the area of electronic technology in the field of law, as can be seen by McCall and by the widespread use of OBAR, the Ohio computerized legal research method. In New York, no formal proposal for courtroom television has yet been made to the New York State judicial Conference. A proposal has been presented to the Erie County Bar Association and Professor Thomas Rickert is on the Bar's committee to study the proposal. Prof. Rickert feels that there is more that can be done with videotape than by using it solely in court. He says that there is a wide open market for the use of television in legal education including continuing legal education, lectures, and undergraduate preparation for law school. According to Prof. Rickert, general teaching technique could be helped by the use of videotape and students in courses such as Trial Technique could benefit from instant replays of their presentations. It also should be mentioned that Hastings College of Law in California put together videotapes of proceedings for a course in Advocacy during the summer of 1972. Both Sullivan and Rickert feel the present state of the technology in the courtroom is at the level of trying to find out what can be done i,\ Kik-ido "-'■-■i- successfully. Many suggestions and proposals have, for one reason or another, been impractical. So far, most proponents are talking only about a concept, not the hardware necessary to implement the ideas. Pressed about the lack of response from the New York Bar, Sullivan says he is not worried because, "It is impolite if not unethical to go over the head of the local bar." Sullivan does complain, though, that most newspaper stories about the concept of videotape trials have been It is far easier to make a television commercial. It appeared that only than to the novelty of the situation was technician out of a lawyer lawyer out of a television keeping the jurors interested. This make a If the attorney has no type of jury duty is not the everyday technician. experience in front of the television. idea about the impact of television easily ruin One aspect of the problem of or of how it works, he can prejudicing the jury is ameliorated his whole case. Additionally, the by video tape. In an actual lawyer has to consider the problems courtroom situation it is difficult for of legal ethics and prejudicing the a juror to disregard testimony which jury. A person without legal training the judge has ordered the jury to would have difficulty appreciating problems or their disregard. It is, in fact, unknown these whether the stricken testimony is consequences. then made a determining factor in Some of the problems of judicial ethics arise under Canon 35 of the Canons of Judicial Ethics. This Canon prohibits the taking of of any judicial proceeding. It can of course be modified by the discretion of the judge and there is some case law on the subject of television and trials, particularly the case ofBillie Sol Estes (Estes v. Texas, 381 US 532, (1965)) and the trial of Sirhan Sirhan. In both cases television cameras were permitted in 'the courtroom, but in1 fisfes. the coverage was held to be prejudicial while not so in Sirhan. The difference lay in the fact that the court in Sirhan could not permit all the media into the courtroom and since the judge felt.aJJ news-gathering agencies should be able to view the circuit proceedings, closed the mind of a juror. With videotape, transmission with stringent security the judge previews the testimony, checks was , (u5e4.,.-. £s*as. ;',was; rules on objections, sees1 the final basically, a televised trial, i product and the jury may never even To this end, Sullivan says, "We do see any of the particular witness1 not promote or believe that TV testimony. The jury then, sees only cameras should be in the courtroom. material which is relevant to the They should be used, in that situation, only for security. That is trial. Within this context come the to monitor spectators. TV the problems of editing tape, and the technicians will serve the system best matter of tape security arises. Due to by facilitating those procedures modern technology it is impossible which are used in litigation, but not to make an edit on videotape which the litigation itself. could not be detected by an "There is no value to videotape oscilloscope. There is a different during the trial, because by the technique used from that used in witness himself being there you have editing audio (sound only) tape or accomplished what you wanted. If movie film. On videotape, the images you shove a camera into the witness' are all scrambled on a slant. You face, he plays to the audience." cannot make a physical cut as you The whole purpose of JudiVision can with the other forms of recorded Corporation revolves around the use media. of closed circuit television and A New Mexico case demonstrates videotape to help judges and lawyers how the problems of editing and solve problems that affect the law security are solved. In this case, the and society. This can best be done testimony of a doctor was taken in by using modern technology to Buffalo and simultaneously recorded record arguments, testimony and on one-inch and one-half inch tape. evidence before trial. The half-inch tape was sealed for It must be stressed that television delivery to the judge in New Mexico in the legal profession is only a tool and the one-inch master remained in and not a panacea. It can be misused Buffalo for editing. The judge viewed and cause more damage than it is the tape and wrote down his rulings worth. "We have tried to determine on objections. The objections had how this tool can be acceptably and been recorded in full with the profitably used," says Sullivan, "and answers on the master. The judge's this is how we got onto the idea of a rulings were then mailed to Buffalo centralized facility." where the tape was edited by Among the uses of videotape are selective dubbing. If an objection discovery proceedings, examination was sustained, the question, before trial, impeachment, and objection and answer were wiped matters having to do with out. If the objection was overruled, unavailable witnesses. just would the objection be For more on the McCall case see eliminated from the copy. This copy TV Guide, March 25, 1972, and was then sealed and sent to New Defense Law journal 267 (1972). Mexico where the judge now had the For more on the use of videotape in one-half inch original and a one inch demonstrative evidence, see 21 edited copy. Defense Law journal 253 (1972). pictures erroneous because the writers and reporters know little about the law and less about television. "Anybody can work the hardware," says Sullivan, "but not everyone can produce the desired result." In an address before the National Association of Court Administrators, Sullivan praised the Ohio Bar as being young and forward thinking. The lawyers in Ohio saw the problems other states were having with court congestion, but realized videotape was not a panacea. Today, all condemnation however, proceedings in Ohio are on videotape and often it has been found the results are more acceptable than having the witnesses themselves present at the hearing. Sullivan and Rickert both call for a governmentally funded or privately operated central location or facility to produce and film testimony, hearings, and so on for all judicial and quasi-judicial agencies in the area. Within this proposal there would be microwave or cable transmission to those places which would have a use for the service. This would include courts, lawyers' offices, police stations, government offices and law schools. Americans have made television a part of their lives and this is one reason that videotape would be compatible with the courts. It is also why there might be problems. Television is not understood as an educational or communication medium, but only as a medium for entertainment. Although there is a swing to a more valued idea, Howdy Doody and Pinky Lee will always be around. In Ohio it was found that after 20 or 30 minutes of watching the monitors, the jury began to Iqse interest and started waiting for a ■Vtjl .H. Y.U C3IUJ-J3 i ' -V ■ '' �September 20,1973 OPINION 7 Spring and Summer Grades: Faculty at Home in John Lord O'Brian Blind Justice The following is a chart of the grades for the spring summer sessionof 1973. The rating system is as follows: Each grade was assigned a value (HD=4, H=3, Q=2, D=l, F=o). [Any similarity to a straight A F system of grading is to be ignored.] The total number of points given by. a professor in a class was divided by the number of grades received in that class by September 12, 1973. Resignations and Incompletes are not included in the chart below. Under this system of rating, any course which had an average of Q would receive a 2.00 in the last semester and — column. As for the value of the grades themselves, you can draw your own conclusions. UPPER CLASS SPRING GRADES Professor/Course #HD #H #Q #D #F 0 0 0 0 1 0 0 18 4 3 8 5 3 10 3 31 58 8 4 6 16 6 0 8 104 57 33 0 2 1 0 0 5 17 0 11 0 0 0 0 0 2 6 0 0 16 22 9 11 18 158 133 56 2.43 2.63 2.18 2.33 3.09 1.66 2.01 2.71 2.09 0 1 0 0 1 0 4 14 0 4 8 4 12 32 11 0 0 1 0 1 0 8 26 4 23 48 15 2.50 2.25 2.00 1.65 2.10 2.60 11 Atleson/Collec. Barg. Atleson/Law. Role Nego. Buergenthal/lntl. Prot. HR Davidson/Woman & Law DelCotto/Corp. Reorg. DelCotto/Fed.Tax A Fleming/Corporations Franklin/Phil, ofLaw Girth/Debtors Rts. etc. Girth, Handschu, Ogasawara/Clin. Worn. Leg. Prob. Gordon/Amer.Leg. Hist. Holley/CommContrPubSch Ho!ley/Conflict ofLaws Hyman/Const. Law A Hyman/ConstLawEqualProt Joyce/FedTaxß Joyce/lnc. Tax of Estates Katz/Crkne&Commtanity Katz/Federal Jurisdic. Policy etc. Kdi^/Tax Kognery/Labor Law Macaulay/Law&DevLatAm -^Manak/LegalAidClinic Mann/Civil Rights Mann/Const. Law B Mugel/Grat. Transfers Laufer/Conflict ofLaws Laufer/Prbb: AutoL'i; Lochner/CofpFtn&Sec ' Newhouse/Const. Law A Newhouse/LegProbPubSch Reis/LegProbEnvQuality Rickert/LegEc,Ethics,Sk Rosenberg/Sch. Law Clinic Schwartz, H/Crim Proc. Schwartz, R/Legal Prof. Steinbock/Evidence Steinbock/Plea Barg. etc. Teitelbaum/Family Law Zimmerman/Couns. Sm. Bus. STAFF/Civil Pro. B STAFF/Trial Technique ' i 9 4 0 0 0 0 0 1 2 4 5 0 1 0 0 0 0 0 0 0 4 1 0 0 0 0 0 0 9 3 2 6 36 7 6 6 12 40 6 9 1 3■ 7 6 2 5 1 15 2 5 8 18 5 22 19 2 4 5 9 47 4 11 3 15 81 25 7 10 31 10 6 13 6 61 14 25 6 86 8 49 41 0 0 0 0 4 3 0 1 0 0 0 3 25 15 7 12 16 11 5 4 0 30 13 39 41 41 42 33 27 31 35 3 131 ' 2 0 8 6 0 0 # Grades Given 7 Rating 0 0 4 0 2 0 0 1 0 7 4 0 0 3 0 0 0 0 2 0 9 1 13 0 16 1 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 3 3 2 0 0 0 11 15 85 12 19 14 32 128 36 17 14 41 16 8 18 7 82 17 42 18 119 13 87 61 2.82 2.57 1.56 2.40 2.28 2.75 2.53 2.93 2.69 2.26 2.11 2.41 2.07 2.10 2.38 2.25 2.28 2.14 2.25 2.24 1.78 2.05 2.01 2.38 2.07 2.28 4 10 5 16 0 8 3 5 4 1 3 0 0 2 0 0 0 1 0 0 0 18 20 74 63 64 54 60 42 42 43 4 182 1.95 2.25 2.20 1.86 2.22 2.23 2.14 2.05 2.00 2.25 1.95 0 7 FIRST-YEAR SPRING GRADES Buergenthal/I ntro! ntLaw Davidson/Torts B Gordon/Contracts B Greiner/Property Kel ley/Torts B Macaulay/Contracts B Reis/Property Rosenberg/Torts B Rickert/Contracts B Swartz/StatßevCrimLaw Wenger/Legal Research SUMMER GRADES DelCotto/Tax A Fleming/Contracts Gordon/Evidence Homburger/NY Practice Hyman/Const. Law A Kochery/Labor Law Mann/Civil Rights Mugel/Grat. Trans. Newhouse/Const. Law B Reis/Land Trans. p 0 0 0 0 0 2 0 0 1 3 2 7 5 3 20 12 9 4 3 12 16 6 10 16 29 5 23 6 7 6 6 6 0 1 0 1 1 0 0 3 2 0 0 0 0 0 0 0 0 24 26 19 15 20 49 20 33 10 11 1.63 1.69 2.05 2.33 2.10 2.41 2.75 2.24 2.40 2.45 FULL-TiME FACULTY Room Phone 636 ATLESON, James BOYER, Barry BUERGENTHAL, Thomas DAVIDSON, Kenneth DEL COTTO, Louis FLEMING, Robert FRANKLIN, Mitchell GALANTER, Marc GIFFORD, Daniel GIRTH, Marjorie GOLDSTEIN, Paul GORDON, Robert GREINER, William (Assoc. Provost) HARRING, Janet HOLLEY, Dannye HOMBURGER, Adolf HYMAN, Jacob JOYCE, Kenneth KAPLAN, Milton KATZ, Al KOCHERY, David LAUFER, Joseph 424 518 526 2068 2095 2090 2065 LOCHNER, Philip MANN, W. Howard McCARTY, L. Thorne NEWHOUSE, Wade REIS, Robert RICKERT, Thomas ROSENBERG,Norman SCHLEGEL, John SCHWARTZ, Herman SCHWARTZ, Richard 427 529 2087 413 2076 2103 2102 2094 627 512 519 626 426 423 2104 2066 2069 313 2055 416 2073 414 2075 2088 2079 2086 2070 2078 2100 2089 528 410 530 422 411 513 527 On leave 514 415 412 425 2099 2074 2077 ■ 2067 517 520 625 2096 525 319 2091 2052 2093 2105 (Provost) STEINBOCK, Daniel On leave PART-TIME FACULTY Room Phone 636- 421 2071 FREY, Maurice GORDON, Michael JACKSON, Bruce MAZOR, Lester MUGEL, Albert ZIMMERMAN, George Law Wives News by Peggy Belling faculty paralleling the students' The Student Law Wives Association and the SBA co-sponsored a wine and cheese party on Tuesday, September 18 in the cafeteria of the Governors' Residence. This was the first of several activities scheduled this year by the taw wives. community oriented programs are being planned. courses. Both social and On October 15th, the law wives will meet to hear four lawyers' wives discussing their roles in their husbands' careers and in' the community. New members are welcome. If you are interested in attending, please call During the coming semester, either Fran Paskowitz at the law wives plan to have 631-5709 or Marcy Daumen at mini-lectures by the law school 881-2347. �September 20, 1973 OPINION 8 Alumni Line/Earl Carrel Over the course of the last five months, that is, since we last wrote this column, a great number of changes have taken place, both within the Law School and without. Not the least of these changes is the move to the North Campus and John Lord O'Brian HalL Perhaps another drastic change is that Alumni Line is now being written by a genuine alumnus instead of by a student. Whether or not the latter change is for the better is a matter of conjecture and will be determined as time goes by. ***** The dedication of O'Brian Hall and open house which had tentatively been scheduled for mid-October has been postponed until some time in the spring. By that time both the inside and outside of the building will be completed and it will look more like a law school than a construction zone. Alumni Line will keep you informed as to the specifics. ***** The Appellate Division of the New York State Supreme Court, 4th Department will hold a session in the Carlos C. Alden Moot Courtroom in October. The proceedings will be open to the legal community. ***** Greetings are extended to the Department of Economics which has joined the Law School as a tenant of O'Brian. ***** DOUGLAS TO SPEAK United States Supreme Court Justice William O. Douglas will appear on South Campus on November 27. Keep your calendar open. More information later. MAGRUDER WILL NOT APPEAR Jeb Stuart CANADIAN ART EXHIBIT IN NORTON — "Canadian Painting and Sculpture A Selection," the first exhibition of the 1973 74 season, opened September 5 in Gallery 219, the student-run exhibition center in Norton Union at the South Campus. For the duration of the exhibition, which runs through September 28, gallery hours will be: Monday, Wednesday and Thursday, 11:00 a.m. 5:00 p.m.; Tuesday and Friday, 12:00 p.m. 4:00 p.m. and 8:00 p.m. 10:00 p.m.; Sunday, 1:00 5:00 p.m. — — - ***** A short note to thosewho are getting the Opinion for the first time.Let us know what your current addresses are. **** it As always, your comments, and items of interest are most welcome. Just send them in toAlumniLine. ***** Jphn Lord O'Brian, '98, after whom the law building is named, died in April in Washington, D.C. at the age of 98. ***** Alfred Morrison, '04, former Town of Evans Justice of the Peace, died August 28,1973. Magruder, former Deputy Director of the Committee to re-elect the President, a key Watergate witness recently named by former Attorney General John Mitchell as a key figure behind the Watergate incident, was scheduled to speak at the South Campus on October 10. Due to Judge Sirica's ban on such speeches, Mr. Magruder will be unable to fulfill that commitment. —- Bulletin Board O'Brian Hall is not the only building on the North Campus that is named for an alumnus of theLaw School. Rising just to the east of O'Brian is the Education and Philosophy Building which has been named after Christopher Baldy, '10. Baldy Hall is about a yearaway from occupancy. ***** Karl A. McCormick, "08, former Buffalo City Court judge, died in April, 1973. •Got any information about events, articles, places or people of particular interest to law students? Bulletin Board is the place we have for these and other messages. Bring your goodies to the Opinion offices, rooms 623 and 624. Henry B. Harrington, '16, died August 24, 1973. Paul P. Creola, '28, father of Assistant Dean Marjorie Mix, died July 13,1973. ***** Anthony L. Sapienza, '34, Assistant Erie County District Attorney, died September 11,1973. ***** Joseph B. Burns, '35, died May 20, 1973. ***** James A. O'Neill, '42, president of Corp., died April 28, 1973. Niagara Mohawk Power ***** ***** )ules Lavett, '52, died June 14,1973. ***** Robert F. Martin died in April, 1973. ***** Alan K. Sawyer died August 7, 1973. Edward J. Burke, '47, died April 3,1973. ***** Thomas R. Blair, '57, was appointed Police Commissioner of Buffalo by Mayor Stan Makowski. U/B Foundation Trustees Appointed The Board of Trustees of the Stale has rcappointcd six members and appointed three new members to the Board of Trustees of the Universityat Buffalo Foundation, Inc. Reappointed for terms expiring June 30, 1975 are William C. Baird, Harold Farber, Adelbert Fleischmann, John L. Hettrick,Jeremy M. Jacobs, and M. Robert Korn. Paul Snyder, Mrs. Raymond D. Stevens and Louis B. Reif were appointed as new members. Mr. Snyder and Mrs. Stevens will serve two-year terms; Mr. Reif will serve for University of New York three years. � 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, 1973-09-20 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/e70020c0fa4128c33ef59985e3837ef1.pdf 83d04f5850c65b8e3efbf1b11dc05e6d PDF Text Text OPINION John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 'olume 14, Number 2 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University ofNew York at Buffalo Law School October 9, 1973 Moot Court Starts Desmond Contest so look for them. i certiorari concerning the right of Judge Matthew Jasen of the an individual to establish a church The Moot Court Board is in the New York State Court of Appeals in which narcotic and midst of making preparations for hallucinogenic drugs are used as the annual Charles S. Desmond part of the religious rituals and Moot Court Competition which ceremonies. by Lance Mark the school, ; will be held from November 27 to December 1 this semester. Each year candidates for the Moot Court Board are selected on the basis of their performances in the Desmond Competition. This intramural event is open to all first and second-year law students not presently on the Board. (Consideration is being given for the first time to holding a separate competition for third-year students). The Desmond participants must prepare a brief and present oral arguments in an appellate court room setting. Distinguished members of the local Bar and Bench will judge the competition, including the Hon. Charles S. Desmond, formerChief Judge of the New York Court of Appeals, sitting as the Chief Justicefor the final round. The Moot Court Board will also be sending a three-person team to this year's National Competition which is being hosted by the Yale Law School. The team representing UB Law School will be arguing against eleven other schools in our region which includes New England and upstate New York. Winnersof the regional matches will go on to the finals in New York City where Justice Thurgood Marshall will . Text Prices Soar by Ray Bowie show students the list prices." In comparison with the 1972 The prices of law texts edged average text price of $15.00, the upwards again this fall in the 1973 survey shows only six second consecutive investigations textbooks, as opposed to of text prices conducted by the supplements, being sold forunder Opinion, with the average text $15.00, the remainder ranging costing about $1 more than the from $15.50 to several prices at $22.00. Last year, moreover, the same text had cost in 1972. In February of 1972 when highest priced books were Opinion (Vol. 12, No. 7) Corporations and Gratuitous published its first investigation of Transfers at $19.00 each, whileall book prices, the cost of the others were below $17.00, average text was computed at whereas this year five texts are $15.00, an increase of about $2 priced over the 1972 maximum. above the 1969 average price. As As comparable courses were the increasereported last year was not in some instances offered only two dollars over a three year during the 1972 Opinion survey, period, the $1 increase discovered it is difficult to assess the reason this year indicates an escalation of behind this increase in the the price spiral, such that the maximum text costs but average text is now more likely to bookstore sources indicate that cost between $16.00 and $17.00. there has been a substantial hike First-year students interviewed this year in the prices of new were inclined to blame the editions in the more specialized bookstore or the FSA for the course areas and that thishike has increases, but upperclass people been aggravated by faculty testified that text prices were selecting the most expensive determined by extraneous factors books available in such specialized such as the publishers' need to areas. produce more expensive new "Most text prices have not ideitions to keep pace with gone up for the same edition," changing decisions, the virtual explained Ms. Palesh, "but when monopoly on the law text market it's a new edition, the price held by a relatively few increase is substantially more than publishers, and the particular one dollar." Citing the publishing choice of texts by the faculty. firm of Little, Brown,& Co. as an The O'Brian bookstore, example, she noted that Foote's Family Law had cost $14.00 in operated by the Faculty-Student $15.00 in 1972, and now Association and managedby Mary 1971, while the 4th Lou Palesh, sells texts at the $16.00 this year, Federal publisher's list price, entitling the edition of Bittker's Tax Incomeand Gift costs $4.00 bookstore to a 20% mark-up on than last year's 3rd edition. most. Out of the mark-up, said rpore Ms. Palesh, must come all of the "The new editions," the manager concluded, bookstore bookstore's operating expenses, including the shipment costs "are killing us." Foundation Press, whose 5th involved in obtaining books from the publishers and returning edition of Mdguiie's Evidence cost $13.50 in 1972, will be charging unsold volumes. $19.50 for the new 6th edition Aware that students often $6.00 increase in suspect college bookstores of this year, for a text. The same firm's profiteering, Ms. Palesh stated the same edition of Field & Kaplan's new of list that publishers' catalogs prices were available in the Civil Procedure is list priced at previous whereas the 17.00, bookstore, adding that she $ $15.00. /to page 3) "would be more than happy to editionsold for preside. , The Honorable Matthew Jasen SeniorAssociate Judge New York Court ofAppeals was the first speaker in this series, In conjunction with this on October 5. After an competition, the Moot Court introduction by ProvostSchwartz, Board will conduct a Moot Court Judge Jasen spoke on oral Seminar, which will consist of a appellate advocacy before a group group of sessions to acquaint ofinterested first and second year students with the-fundamentalsof legal research and brief writing, and how to present oral arguments. Notices for these sessions will be posted throughout The problem will be ready for distribution on October 11 in the Moot Court Room, along with some introductory materials on ithe art of appellate advocacy to aid participants in preparing for the competition. This year's members of the Moot Court Board are: Lance Mark, Chairperson; Timothy Toohey, Vice-Chairperson; Joseph Burden, James DeVoy, Michael Dunlavey, Benjamin Idziak,Peter students. Jasen, Cyrus Kloner, Kay Latona, This year's problem will John Mendenhall, Martin Miller, involve an appeal to the United Thomas Mullaney, ThomasQuinn, States Supreme Court by writ of I and Gary Schmitt. SBA/FSRB Elections Set Student Bar Association elections will be held on Monday •and Tuesday, October 15 and 16 at John Lord O'Brian Hall. Six representative positions on the SBA Board of Directors for first year students only will be vigorously sought after along with three student positions on the all important Faculty Student Relations Board. All members of the student body are eligible to run forFSRB representative. The StudentBar Association of the State University of New York at Buffalo School of Law is organized to promote the general welfare of the Law School, to cultivate social acquaintances and cooperation among'the students and the faculty, to promote and protect the rights and interests of the students in matters involving those rights and interests, to secure the association and good-will of the members of the legal profession and to coordinate all studentactivities. The SBA Board of Directors is the governing body of the organization. It consists of six directors from each class. The Board is the representative student governing body of the Law School and has precedence over all other recognized and duly approved student organizations and activities. The duties of the entire membership of the SBA are to legislate, establish policy, and make rules and regulations on extra-curricular activity on and off campus. The Faculty Student Relations Board consists of four students and three faculty members. The purposes of the Board are to foster a critical understandingand an ever improving rapport amongst the members of the Faculty of Law and Jurisprudence, and to implement under its powers all programs granted to it that substantively affect both students and faculty. The Board hears all grievances concerning the entire spectrum of school life from whatever source and takes prompt and appropriate action in relief of same. The FSRB shall investigate research by Skip Hunter and make recommendations on any phase or problem of school life providing this function is not being performed by another committee. The Board considers and proposes recommendations for the number of students and Faculty andmanner and extent of selection and participation of students for attendance at the Faculty meetings and participation in Faculty-Student Committees. And the Board shall conduct course and teacher evaluations. It is the responsibility of the Student members of the FSRB to periodically report to the student body on its activities, to solicit and present student opinions and to make a monthly report to the Board of Directors of the SBA in person. The positions to be Tilled by election on the SBA and FSRB are indeed positions of great responsibility and high importance. Support your candidate and by all means VOTE. �October 9,1973 OPINION 2 Editorial .. President's The Judiciary. OPINION has seldom endorsed political candidates. However, this fall there is a contest which is of paramount importance to lawyers and prospective lawyers, that ofChief Judge of the New York Court of Appeals. The choice is clear. We endorse the Republican-Liberal candidate, Judge Charles Corner by Marty Miller June is a long way off; for most third year students the thought of facing the impendingbar examination is but a distant unpleasantry. But one D. Breitel. is often reminded of summer's approach, even We agree with the Buffalo Evening News that Judge before the winter's first snow, by the multitude of Breitel is "easily one of the ablest jurists to sit on the Court prospective employers whose names appear posted of Appeals in recent years." His intellectual ability is on the placement board. For many of us it is undisputed. One need only read a sampling of his many round one of life's battle, and for others, maybe Turn-out at school elections has been improving over the past and I hope that we thoroughly insightful and lucid opinions for that ability to be round five or six. Rumor has it that it is difficult, no, it's continue this positive trend. Balloting for the obvious. His twenty-three years experience on the bench, his impossible to find the "perfect" job, be it a three additional members to the Faculty-Student administrative skills developed as chief counsel to Governor Thomas Dewey, and his selection to the Council of the clerking position or a full-time position after Relations Board and the six Freshman Class graduation. There is probably considerable truth Directors will occur on Monday and Tuesday American Law Institute reinforce this theme of excellence. October 15 and 16. All students are permitted to to that rumor, but that's no reason to give up even Moreover, Judge Breitel has adamantly refused to be before the race begins. In the past we have had a vote for representatives to the FSRB, only first "sold like soap" to the voters of New York State, preferring placement service which was quite marginal, one year students are permitted to vote for Freshman to depend on his reputation as a thoughtful and keen-minded which had little hope of improving. We were the Directors of the Student Bar Association. judge, truly a judge's judge. The years of SBA responsibility for the poor relative, sharing our placement officer with His opponent, on the other hand, in defeating the capable the people on Main Campus. He was an individual library's nickel photocopy machine are rapidly Judge Weinstein in the Democratic primary has made himself reaching their last days. Following considerable who worked through the University Placement known to the public only through a lavish media campaign. Office and occasionally (on a somewhat regular negotiation with members of the university Contrary to his advertisements labeling him "Chief" basis) sojourned to the eleventh floor of administration an accord has been achievedwhich will permit the Law Library to assume the role of" Prudential. Fuchsberg, never once has he sat on the bench. You may be wondering how all this has guardian of the five cent copy service. Had it not Breitel's record of performance has earned him a rating of cooperation of the law school's "well-qualified" by the major Bar Associations ofNew York changed. Announcements still bear the legend "see been for the fullest of Peggy," and one wonders if Peggy is really our administration, and course, Larry Wenger, there State. His intellectual ability and his personal integrity make placement officer possibility that the nickel copy who simply masquerades as was the distinct him eminently qualified for one of the most important Dean Mix's assistant. While not wishing to might have gone the way of the nickel coffee. We judicial offices in the nation. completely quell that rumor let us simply say that expect that the SBA owned and operated copying if Peggy is our placement director, then her tenure machine will be shifted from its niche in the in that role is only temporary. The 1973-74 Law second floorwithin the near future to be replaced School budget has a provision for the hiring of a by a more efficient Xerox, or otherbrand of dry The race in the 10th District for the position of Erie placement director, who in addition to that copier. County Legislator also calls for an endorsement which we responsibility, shall assist with the development of A number of letters have already beenreceived enthusiastically give to Susan Lubick. Ms. Lubick, a former our clinical programs. Hopefully that slot will soon by the SBA Appointments Committee whichhas student at this law school, is a bright and articulate candidate be occupied by a capable, industrious individual. begun to conduct interviews to fill positions for who has devoted much thought and effort in preparing Hopefully that job designation will be altered so Student-Faculty committees. If you are interested herself to meet the crucial issues oflife in Erie County today. that our placement director will be able to devote in participating in the law school's development I She stands squarely behind full participation by all County all his energies to that position. Those of you who can not urge you strongly enough to submit a residents in the advantages offered them by the City of are interested in assisting with the development of letter of intent to either the SBA office or Shirley our placement service are encouraged to contact at the registrar's office. The letter should be brief Buffalo, and will work for their financial support for your views on the direction of growth and institutions and services utilized by them. For example, me at your earliest convenience. There are a stating number of additional openings for student development you would like to see the committee parks, Memorial Auditorium and cultural institutions within participation adopt. on the Law School Placement Please include in the letter your home the City which are presently funded either wholly or by a Committee. Your contribution, no matter how address and telephone number so that we may disproportionately large amount by the City are used by all is welcome. schedule you for an interview. Erie County residents on a regular basis and cry out for full small, support large. the at County and fair from Ms. Lubick will endeavor to stop the rip-off heretofore perpetrated on the City by suburban residents, who need the advantages offered by the City but have not been willing to share in the cost of Miss Wisteria is a midget. She unique is that it is very strange. heart, and let the chips fallwhere these advantages. Miss Wisteria is the last straw. By they may. Therefore, he knows Ms. Lubick is well-prepared for this job. She has added a used to be Shirley Temple's stand-in. She made one thousand the time she rolls around, you that it is cool to chuck it all and great deal of technical expertise to her natural concern for dollars a day, but she returned to have been zapped with so much run upstairs into the arms of the the County. She is a highly competent individual, as well, and the traveling show because it was strangeness, you know it can't get middle-aged transvestite who has is prepared to spend full time working for the citizens ofErie the only place she belonged. In worse (or better). But it does. Out managed to prevent his return to County's 10th Legislative District. the traveling show she is Miss pops Miss Wisteria; and that's it, New Orleans. Sure. If you are a voter in the County's 10thDistrict, be sure Wisteria. She has a name. She is terminal weirdness. All very odd. But laced Every character in the play is a throughout is humor that keeps to cast your ballot for Susan Lubick on November 6. If you unique. Unique, quite unlike her homophone,thewidget.The widget lost soul, each hiding in his or her the characters human and the play aren't, remind your friends who are. as we all know, is the Great own safe harbor, like it or not. from being ponderous. Fungible's greatest fungible. It is Safe, able to handle those other It is a good production. The Recycle This Issue the universal item of trade. There voices, other rooms outside. staging was excellent and the OPINION joins with the SBA and the undergraduate are thousands of them, millions, (Truman worked the title in about acting was outstanding. Particularly good was Lynne Student Association in asking you to utilize the green all alike. that clumsily). Our thirteen year old hero, Thigpen, who was captivating as receptacles marked "Paper for Recycling" to deposit only Miss Wisteria was quite Joel, finally pulls out when he Zoo or Missouri Fever, if you will. paper. Please do not deposit thumbtacks, cigarette butts and Other Voices, Other Rooms, other such paraphernalia in them. As future lawyers who will entertaining. So was Other Voices, realizes his own uniqueness. He Other Rooms, Truman Capote's knows that he is he, and I am me, scheduled to run through October be using paper by the ton, we can begin now to form habits new play, of which part. 21, she is a It and we are and we are all is the Studio Arena's first play we, which will benefit the whole of society. is about uniqueness. It is unique together and that he can do of the new season and a world in itself. The main reason it is whatever he pleases, follow his premiere. If it is any indication of Volume 14, Number 2 ftnininn things to come, then prospects October 9, 1973 1101111011 look good. The Studio Arena has Editors-in-Chief Kay Latona, JohnLevi definitely improved in its caliber Alumni Editor Earl F. Carrel Assistant Editor Vacant of productions and promises to Articles Editor Skip Hunter Managing Editor Vacant Letter to theEditor: the law school environment.It continue to .that way with its Business Manager Vacant Features Editor Kay Wigtil We are concerned with the is important as first year students November production of Sports Editor Skip Hunter Photography Editor Chris J. Belling reactions of the women who to acclimate yourselves to the Tennessee William's A Streetcar SUIT Ray Bowie, Frank Buffomante, Jim Burgio, Buffy Burke, Skip attended the dinner at Dean Mix's demands of law school before Named Desire, with Jon Voight Conover, Julio Fuentes, Chris Greene, Peter Jasen, Tom Lincoln, Lance last week. The impression deciding how much time you can of Midnigh t Cowboy and Mark, Marty Miller, Bortcha Motcha, Gary Muldoon, Peggy Rabkin, Dave generated seems to be that women afford and want to devote to Deliverance fame playing Stanley Stever. law students are expected to outside activities. Kowalski. Student tickets are week, except for vacations, during the OPINION is published every third devote much of their "spare" time Anyone interested in discussing available forall productions. academic year. It is the student newspaper of the State University ofNew and the Other Voices, Other Rooms is to to energy problems wanting various these or talk, York at Buffalo School of Law, John lord O'Brian Hall, SUNY/B North organizations that exist in the come to the Women's office in not the kind of play that leaves Campus Buffalo, New York 14260. The views expressed in this paper are school and community. While we 509 Thursday, October 18, at you shouting for more. But it is not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at believe it beneficial to be 1:00 and we'll try to be helpful. interesting, stimulates plenty of Buffalo, New York. Eileen Greenbaum thought about Truman Capote's involved, we thinkit ought to be rl stressed that it takes time to adapt Sally Fox head, and is well worth seeing. OPINION isfunded by SBA from Law Student Fees. And the Legislature Capote Opens Studio Arena - --- --- Letter to the Editor �October 9,1973 OPINION The Gadfly The Bray of the Jackass by Ray Bowie Imperial Byzantium, which has wherein the trumpeting of the lent its name as a synonym for Republican elephant has been political intrigue, had absolutely drowned by the bray of the nothing on Buffalo, New York, jackass triumphant. Secure in City whose political structure, one Hall, Democratic Mayor Stanley would believe from perusing the Makowski is reportedly not going local media, is replete with an to the bother of an election empire, an emperor, a palace campaign, while on the legislative guard, and the occasional side, the deliberations of the poisoning or stabbing death of a Common Council have been former palace favorite. replaced by the deliberations of The empire is that of Joseph the Democratic caucus, whose Crangle, Erie County and State decisions are then translatedinto Democratic Party chairman, and votes. the political system over whichhe Boss Crangle has indeed reigns is known among political succeeded where the Democratic cognoscenti as 'The Crangle Party has met failure: in Strangle," a party organization so preventing the disintegration of successful as to be virtually the Rooseveltian coalition. The identical with local government. traditional special interest groups The opposition, a feckless welded into that coalition are all underground movement, is well represented in the Buffalo rumored to be the Republican area, and the Boss, even though an Party, an elsewhere virulent establishment pol himself, has political heresy that Boss Crangle managed to adopt a sufficiently has virtually managed to extirpate "progressive" image for his withinhis realm. machine to prevent large-scale While often coming out second defec t ions from increasingly best state-wide against the restive sections of those interest Rockefeller machine headquartered in Albany, theBoss has successfully transformed the City of Buffalo, alias the "Armpit of the East," into a Democratic preserve, a one-party state Textbooks cont'd, from page 1 Publishing houses justify the increased prices on new editions by citing the heavy expenses they entail in hiring consultants to 3 groups. The ethnic vote is still Crangle's, despite the swing toward Nixon last year and despite national Democratic stances that have penalized ethnic constituencies. The Democrats have a virtual monopoly on the black vote in Buffalo, while the local AFL-CIO unions function as little more than an adjunct to the. Party each election campaign. The success of that electoral coalition bespeaks itself in the very fact that theDemocrats have a current 13 to 2 majority on the Common Council, complete control of City Agencies, and now even threaten to consolidate further gains in the County Legislature, formerly a Republican redoubt. Within the City, theDemocrats have had mastery for so long that they have refined political arrogance to a science, the practice of which usually involves meeting the interruptions of Republican councilmen Charles Volkert and Alfreda Slominski with icy stares and haughty silence. As icy stares takeeffort, the Dems are hoping to conserve their supply after November by the simple expedient of unseating Republican Volkert, thereby isolating the outspoken Mrs. Slominski even further. Stanley Makowski, who succeeded the scandal-wracked administration of Frank Sedita after the latter stepped down 1. Philosophy of Law (Franklin) Jurisprudence Legal Theory Philosophy of Law Total $17.50 $15.00 $ 2.95 $35.45 suddenly due to "healthreasons," feels so confident of election that he has yet to open a campaign, pretends not to have heard of Republican challenger Stew Levy, and is even rumored to have cast an absentee ballot, perhaps after having written in Joe Crangle's name. On the County level, the Republican organization is, unlike its ineffectual City counterpart, at least putting up a fight to regain control of the Erie County Legislature, on which the Democrats now hold a two-vote majority. Even so, the effort is strictly uphill against the Crangle juggernaut, with strong challenges posed Republican incumbents by liberal Democrats such as Susan Lubick, whose campaign has thus far made the area's sherry-sipping circuits with great fanfare about "social concern." The Erie County Republican Party facing this onslaught was the subject of a recent analysis by Courier-Express political columnist Ray Herman, in which the chronic ills of that Party were diagnosed as weak organization, divided leadership, and incapacity to exploit issues. The latter is a particular deficiency, for Republican strategists have been known to dodge issues in preference for the strategy Nixon adopted toward McGovern last year: ignore the Democratic challenge and let it campaign itself to oblivion. Unfortunately, the right analog for the Erie County Republicans is not Nixon vs. McGovern, but rather Dewey ys. Truman, in which contest the above strategy came toruin. What issues do exist, and the number multiplies with each daily newspaper, cannot be exploited by the Democrats, for such issues run the gamut from no-show scandals, political judgeships, and suppressed public studies to the usual nepotism of City Hall politics, all trademarks of the Crangle machine. The Democrats do not worry about issues, however, for they simply do not need them. THE TOP FIVE 2. Feberal Taxation (DelCotto & Joyce) $19.00 Text $12.50 conduct the revisions, but the Tax Regs $31.50 bookstore management expresses Total mystification at the extent of 3. Criminal Law (Katz) Ail other courses require under $30.00 of books required, have Text $16.00 under $22.00 in text expenses, actually declined over a year. some of theincreases. First-year st udents, HLAHart Of p articular interest to $ 1.45 although there are very few under $ 5.25 the $20.00-$22.00 bracket. For a first-year students, three of their unaccustomed to such high book Puritans $5.25 required Penal Law four-course student courses are now among load, a prices, seem particularly annoyed can $27.95 expect to spend from a minimum the school's top five most with the text prices in some of Total of over $80.00 to a maximum of expensive, with Criminal Law 4. Civil Procedure(Homburger) their courses. One such student, $17.00 almost $112.00 for books alone. making the list for the first time. who had been assigned to section Text CPLR $ of Criminal 5.00 Law, complained 4 $ 4.50 As compared to 1972's highest Another point of interest is that his instructor had required Supplement $26.50 priced courses, Federal Taxation that whereas a third-year student* Total $28.00 in texts and supplements, to (other sections) purchase texts for five 5. Civil Procedure has moved the second could spot when other Criminal Law sections $17.00 from the third, while the costs for courses last year for $ 107.00 J Text got by under $22.00. $ 5.00 Civil Procedure, second most texts for four courses this fall! Other first-year students noted CPLR $ 3.75 expensive in 1972 with over could cost up to $112.00. that Civil Procedure courses, Fed Rules of CivilPro Total $25.75 traditionally among the expensive in text costs, were requiring purchases of over $25.00 in books this year. course, while instructors in other Upperclasspeople singled out courses are increasingly being texts for credited for continuing with the Philosophy of Law which cost $35.45 making it the same books, thus making used whether the Watergate Grand Jury jailed until the President by Ray Bowie most expensive course and texts possible to sell and cheaper Federal Taxation, where book to buy. or the Select Committee on surrendered the tapes. Observing that the In other courses, however, expenses of $31.50 ran a close Speaking last week before an Presidential Campaign Activities second, as courses in which "such problems allegedly remain. audience of approximately has sufficient prima facieevidence presumption is always for the aiding courts' high-priced texts are not necessary Different professors teach seventy people attending the first to justify the them President when he is the for the subject matter," in the Contracts each semester, and each Distinguished Visitors' Forum of in obtaining the controversial defendant in a proceeding, Mann concluded that the courts had words of one third-year student is said to want different texts. In the year, Constitutional Law tapes. who would like to graduate. In Evidence, only two books are Professor Howard Mann reached a dilemma in being asked belief the Philosophy of Law course, used, either Maguire or Louiselle, contradicted the common Prof. Mann said that he to subpoena the tapes while the one thin volume of 600 pages, but instructors alternate in that the Watergate tapes cases "totally rejects" the President's President's attorneys are arguing Friedman's Legal Theory was teaching the course and hence the posed constitutional questions claim of executive privilege as "an that there is insufficient evidence selling for $15.00. while in other book alternates fromyear to year. rather than procedural issues. insulation" against Congress or offered to prove that the tapes are the courts, terming the claim a needed by the Grand Jury for courses individual texts such as And upperclasspeople recount "The issue in the two cases "notion of kingship." On the either indictments or fairness for Criminal Justice Administration, instances in which professors have Federal Courts and System, and required the purchase of texts being adjudicated is not what the other hand, he asserted that the the defendants. Noting that courts will not Federal Courts cost $22.00 each. only to make them optional later President's power is," argued Mr. Senate Select Committee had Mann in presenting his thesis. "very little" standing to sue in the undertake cases for discovery Veterans of.the text purchasing in the course. ordeal note that there is little the The bookstore continues to "The issue, rather, is whether matter, as its function is limited unless there is sufficient prima Law School can do to affect rising buy used texts, provided the same there is sufficient evidence to to investigation for the purpose of facie evidence of what facts there publishers' list prices but that edition has been re- ordered, with justify court jurisdiction over the future legislation. The Watergate are to be discovered, Prof. Mann which does have predicted that the Supreme Court some improvement has been made the price offered depending upon President." Mann's contention Grand Jury, locally in that faculty are the resale condition of the book was based on the supposition that authority to request the tapes for will find itself in a position where of the discovery proceedings, offered a the Grand Jury's case is "too good exercising cate in the selection of up to 50% of the list price. The "it is not the function books. In Constitutional Law, for Student Bar Association has, courts to determine the measure weak case, Mann feels, when to throw out yet not good enough instance, the second course is moreover, reportedly considered of governmental authority" Archibald Cox made Nixon the to proceed with," since the prima on the contents of retaining the same text students operating a student-run book shared by the President and defendant instead of presidential facie evidence Congress, but rather to decide counsels, who could have been the tapes is so very limited. had to purchase for the first exchange. - Mann Discusses Tapes Issue - �October 9,1973 OPINION 4 Breitel Relies on Record Court of Appeals Race Charles D. Breitel, Senior Associate Judge of the New York Court of Appeals, is the Republican-Liberal nominee for the office of Chief Judge of the Court of Appeals. A Columbia Law graduate in 1932, Judge Breitel practiced privately until 1935, when he entered public service. After working on the Thomas E. Dewey Special Rackets Investigation in New York County, he became Assistant Chief of the Indictment Bureau, rising to Chief in 1941. Breitel then served as counsel to Governor Dewey from 1943 to 1950 with broad responsibility for a wide range of legislation and coordination of executive agencies. Judge Charles D. Breitel In 1950, he was appointed by Governor Dewey to the Supreme Court, a position he held until joining the First Department of the Appellate Division from 1952-56. Judge Breitel has been a Justice of the Court of Appeals since 1967. In addition to service to the State of New York, Judge Breitel has served as a member of President Johnson's "Crime Commission," the Federal Commission on International Rules of Judicial Procedure, the A.L.I. Advisory Committee on a Model Penal Code, and is presently a member of the A.Ll.'s Select Council, the Institute of Judicial Administration, and the Board of Governors of the American JewishCommittee. Of the position he seeks, Judge Breitel says, "The Chief Judge is the leader of the State's judicial system. Though he may not lead by fiat, he can lead by persuasion, wisdom of judgment, courage and by forcefulness of personality, together with the readiness to accept the burden of leadership." Judge Breitel has attempted to maintain an atmosphere of dignity in the campaign for Chief Judge. He has consistently addressed the issues, and has resisted seeking contributions from private individuals. In spite of his reserve, Judge Breitel has been the subject of both vilification from his enemies and glorification from his allies. His opponent, whose campaign expenditures far outstrip Breitel's, has attacked Breitel's supporters as partisan "Wall Street lawyers" whose political machinations were responsible for the decisionof the State Bar Association, whichrated Breitel "well qualified" and his opponent "unqualified." Judge Breitel has been endorsed by most of the large state newspapers, including the New York Times, the Buffalo Evening News, and theNew York Law Journal. As the only candidate with judicial experience, he is seemingly the overwhelming choice for the post; whether his credentials will mean more to the voters than his opponent's advertising and long trial experience will be seen on Election Day. Trial Lawyer Seeks Bench Jacob Fuchsberg, Democratic candidate for Chief Judge of the State Court of Appeals, has been conducting a heavily-financed media campaign since winning the June Democratic primary to convince voters that the Chief Judge should assume an activist role in "shaking up" the state court system, in modernizing court procedures, and in making legal services more available to the public. Fuchsberg, who upset federal District Court Judge Weinstein to win what he calls the first independent nomination without organized party support forsuch a major state office, has attacked the state court system for allowing judicial goldbricking, obsolete case procedures, and political deals in the selection of judges. The Democratic candidate has pictured himself as the underdog in an uphill fight against Republican opponent Charles Breitel, who he claims engineered the rejection of the Fuchsberg candidacy by the New York State Bar Association. Breitel, F uchsberg also charges, has dodged issues throughout the campaign, while Fuchsberg has advanced more lhan 20 "specific proposals to improve our courts," including calls for increased judicial review of lower court decisions, more computerization in administering court calendars, automatic review of sentences, and government-subsidized legal insurance for those who might desire it. Fuchsberg, who founded the Trial Lawyers Association of America and boasts an extensive list of publications, has replied to charges that he has tried to "buy" the election through lavish media spending by alleging that his campaign spending "is not an issue at all," adding that he must spend heavily to compensate for his lack of support from the legal "establishment,"whichhe accuses of having made a "cult" of the profession. He points out that the State Trial Lawyers Association has designated him "forceful, dynamic, well-learned," and that as Chief Judge he would have an advantage over Breitel, whom he has accused of insulting trial lawyers, in being better able to deal with such attorneys. Again attacking the judicial establishment, which he described as "a small group of establishment lawyers representing Wall St. institutions," Fuchsberg, who has himself never previously sat as a judge, pledged to travel around the state if elected "to observe firsthand the quality and efficiency of theadministration of justice," so as to insure a more visible Chief Judge and a more accountable judiciary. "The Chief Judge must observe the procedure in the judge's firsthand, without notice," he has said. "This is the only way the Chief Judge can secure the complete picture to enable him to decide upon and institute the necessary adminstrati"e, procedural, or personnel changes needed to insure the highest standards of courtroom Law Women Hold Dinner Meeting by Buffy Burke The Association of Women Law Students held an organizational meeting cum polluck dinner at thehome of Dr. Majorie Mix, Assistant Dean of the Law School, on September 24. Professors Marjorie Girth and Janet Harring attended along with approximately fifty women law students. After everyone had sampled the savory thirty-odd culinary delights available, the following announcements of interest were made: The Association of Women Law Students office is located in Room 509. The purpose of theassociation is to promote the welfare of women in law schools, here and elsewhere. Other women's groups in Buffalo include: the National Organization for Women (NOW), the Women's Political Caucus, the YWCA's Women's Resource Center, and the Women's Center on Linwood and Franklin. To date, only one woman has been a member of the Moot Court Board: third-year student Kay Latona. All women students were urged to be present when this year's Desmond Moot Court Competition problem will be given out on October 11. Participants have one month and four days to prepare their briefs. First-year students are always among the participants, and also among those chosen as Moot CourtBoard candidates. Jan Morelli, second-year Jacob Fuchsberg justice." student, will pick up all mail for the Association. The next meeting will be at Sue Gardner's, 89 Middlesex Road, Buffalo, on Wednesday, October 24. On October 22, 1973, the Fourth Department Appellate Division will sit in the Carlos C. Alden Moot Court Room at John Lord O'Brian Hall to hear regularly scheduled appeals. This is the first time that the Courthas ever sat at any law school. Penny Wolfgang, attorney in charge of Buffalo's Legal Aid Appellate Division, will argue two cases that day. Women law students were urged to attend. Funds for the Women Law Students Association come from the SBA. Buffalo Legislation Buffalo Legislation Project has named JimClute as Director, Skip Conover as Managing Director, and Larry Candee, Tom Bailey, and Jim Devoy as Associate Directors. The Project has received five specific projects to date, and is anxious to hear from students who are interested in serving as team leaders or researchers for any of these projects. Work on projects will provide students an opportunity to workdirectly with legislators and their staffs. The following are the projects purrently available: 1. PORNOGRAPHY A legislative STATUTE committee desires to introduce a - statute which will conform to the guidelines set down in recent Supreme Court decisions. The committee is particularly interested in a statutory definition of hard-core pornography and guidelines for the procedure to be followed in the seizure of pornographic materials. 2. SENTENCING REVIEW BOARD A legislative committee is interested in establishing a board which would modify the excesses in sentencing and establish guidelines for sentencing policy throughout the - state. 3. CONFLICTS OF INTEREST IN CRIMINAL JUSTICE A committee seeks to - . .ProjecCotmencs �October 9, 1973 OPINION 5 SBA Selects Committees by Ray Bowie officers Debate has erupted recently within the SBA Board of Directors in the aftermath of President Marty Miller's presentation to the Directors of a new SBA committee structure which he said the Student Bar Association needs in order to meet particular needs of the student body. Directors, presently representing only the junior and senior classes, seemed to agree with the SBA President that the new committee structure was desirable, but debated whether the committee memberships should include as many executive officers as Mr. Miller had indicated he thoughtnecessary. provide could the committees" and noted that, under his plan, those officers never had a controlling vote on any of the committees. Several Directors, alleging that there was still a preponderance of executive officers in the committee structure, attacked specific provisions that made executive participation necessary for a committee quorum, and accused Miller of having reneged on a past pledge to decentralize the SBA structure. Amendments were offeredand carried, limiting the extent of executive participation in the committees and deleting the controversial quorum provision. President Miller's committee proposals, only the first three of opinion, "the most important of ! SBA Academic Policy Committee the committees are Appointments which seemed to them duplicative and Budget, "as the of the student representatives on Appointments Committee will be t the APPC; President Miller will charged with selecting the student i invite the APPC representatives to representatives to the faculty testify on the proposal at the next committees while the Budget SBA meeting. The sentiment of Committee will be responsible for the Delegates appeared to be that d c termin ing SBA budgetary i if the APPC representatives were allocations. The only other I accountable to the SBA, a committee considered thus far by i separate SBA committee for the Delegates, Academic Policy, is academic policy would be designed to parallel the faculty superfluous. APPC and work directly with that committee's student Assignments to the two representatives in a "strictly c approved committees, advisory" capacity. 1 Appointments and Budget, were < < : The remaining seven committees would be assigned the specific functions indicated by their names, with membership consisting of one representative from each class except in the cases of Graduation and Orientation, which would be directorates of the graduating class and as the name* of those Directors present at the decided by lottery, meeting were drawn at random and matched with committee vacancies. Members of the Appointments Committee: Marty Miller, Buffy Burke, Chris Greene, and Jim McLeod, all members of the Executive Board; and Bob Gottfried and Les Sconiers. Gottfried is the sole second year student. Members of the Budget Committee are: Hugh Scott (on thc Executive Board), Skip Hunter, Laura Zeisal, and Don Lohr. Lohr and Zeisal are second year students. Students on Faculty Committees Defending executive which were discussed at the first participations in the committees meeting due to the length of against charges that his plan debate, entail nine SBA would lead to the committees, designated "over-representation" of a few Appointments, Budget, Academic upperclassmenrespectively. Discussion of the remaining Here is the current list of student n nembers of faculty committees: individuals, President Miller Policy, Social, Summer Jobs, contended that "there is certain Elections, Law Day, Graduation, seven was tabled when Directors knowledge that only executive and Orientation. In Miller's questioned the necessity of an Admissions Committee: Thomas Mitchell Lecture/ Distinguished Bailey, Kay Latona, Michael Speakers Forum Thomas Bailey, Sherwood Linda Connor Kane (ex officio) First Faculty Meeting Includes Students On September 19, 1973, the first faculty meeting of the academic year was held in the Faculty Lounge. Eileen Greenbaum and Peggy Rabkin were present to provide the faculty with student opinion. Among the items on the agenda was a report on the progress of the appointments committee. TheFaculty ofLaw & Jurisprudence will be increasing by five new members each year for the next five years. In addition to full-time teaching staff, the Appointments Committee will also search for two people capable of part-time teaching and part-time administration. One will be a placement officer and the other an admissions director. It was pointed out that appointments should be made within the affirmative action guidelines for recruitment of minority and female personnel. The possibility of employing upperclass students to assist in the teaching of small first-year electives was also discussed. Professor Milton Kaplan moved to extend the clerkship-for-credit program for one year. For the coming year there will be up to ten students with no more than two students assigned to any faculty advisor. Mr. Kaplan's motion was conditioned upon Brandeis v. U.S. "Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are ... commands to the citizen In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt forlaw; it invites every man to become a law unto himself; it invites anarchy." Louis Brandeis, dissenting, Olmstead v, U.S., 277 U.S. 438, 48 S. Ct. 564, 72 L. Ed. 944 (1928). make explicit what sort personal, professional, of mechanism for removing such or officers. commercial involvement would S. DISCRIMINATION BASED vitiate a criminal prosecution. ON HANDICAP A legislative committee wishes to rework 4. FIFTH AMENDMENT FOR proposals establishing the PUBLIC OFFICIALS The State illegality of discrimination on the Constitution provides that public basis ofhandicap. More detailed descriptions of officials refusing to answer questions about their official the projects are available. Other conduct must be removed from committees have expressed public office. The U.S. Supreme interest in BLP and will be Court has impliedly declared this submitting written requests in the provision violative of the Fifth coming weeks. Any student Amendment of the Federal interested in participating in any Constitution. A committee desires of these projects is encouraged to to amend the Public OfficersLaw contact one of the directors, or to conform to the Supreme Court visit the Project office at Room guidelines, while still providing a 505. - - better faculty supervision of the program. It was passed by a vote of 22-1. The state of the new building was also discussed. The administration is working 10 obtain a student rathskeller to be located in the basement. This rathskeller will provide both a food service and a central large area large enough for the entire study body to meet, party, or lounge. A beer license for this lounge is also being sought. Appointments Committee: Marylou Clark,Nathaniel Wong Placement Committee: Thomas Mullaney, Thomas Reeve, Richard and Program Review Schisler Connittee: Susan Bring, Martin Miller Research and Special Programs Faculty/Student Relations Board: Committee: John S.Levi David Hampton Student Representatives to Minority Students Program: Faculty Meetings: Regina Felton, Eileen Greenbaum, Peggy Rabkin Melvin Baker, Alvin Brown Budget Ex-Student Seeks Local Susan Lubick, who was a student at SUNYAB Law School in 1971 and 1972, is the Democratic-Liberal candidate for Erie County Legislator in the 10th District. The 10th District lies entirely within the City of Buffalo and is bounded roughly by Kenmore Avenue on the north, Bailey Avenue on the east, North Street on the south, and Richmond, Elmwood and Norwalk on the west. Ms. Lubick was born in 1937 and, in addition to her two semesters at the Law School, was educated in the Buffalo public schools (No. 66 and Bennett High School) and received her US. from Cornell University. She formerly taught in the Buffalo public schools and Calasanctius School. She is married to Donald Lubick, a Buffalo tax attorney, and has three children aged 12, 10 and 9. Ms. Lubick has been active in civic affairs, especially in the field of education, an area in which she studied legal aspects at the Law School. She is a member of the - School-Community Advisory Committee of the City of Buffalo, a citizens' group organized to advise the City's Education Department. She organized and headed a committee formed to study innovative programs of education elsewhere to see what contributions could be made to upgrade education in Buffalo. She performed similar responsibilities for another civic group, the Consortium on Quality Education. As an officer of School 64 P.T .A., where her children attended, she organized a pilot program of parent volunteers to upgrade the quality of education in local schools. Her group of about 15 parents engaged in tutoring and enrichmentprograms at the school in reading, math, French, Spanish, art, music and creative writing. She also performed the research and cngin cc ring a proposal for individualization of instruction at School 64 as a model for Buffalo public schools. Her principal objective as a County Legislator would be to end the general feeling that the city is an entity apart from the county. In order to improve the quality of life in the city, she seeks greater county participation in city life. For example, Ms. Lubick points out that large city parks such as Delaware, Grover Cleveland, Schiller, and Cazenovia, are extensively used by suburban county residents. In the case of GroverCleveland, the use by suburban residents is probably as high as 80%. Yet city taxpayers through their dollars finance this use entirely. At the same time, city residents support about one-third of the county tax base and these dollars are used to support parks and residential facilities outside the city. Were the county to take over the Office financing of in-city recreational facilities, cultural institutions, Memorial Auditorium and maintenance and improvement of arterial streets and highways used by suburban residents to travel to and from work, city taxpayers would still be paying their fair share since they are county taxpayers. In addition to securing a fairer share for the city of the county tax dollars Ms. Lubick is seeking the creation of a full-time consumer protection agency with legal powers to enforce consumer rights. Such an agency should be empowered to license home improvement, television and automobile repairmen, to institute unit pricing and to employ experts to represent consumers at utility rate hearings to protect them against unwarranted increases. Ms. Lubick is seeking to be a full-time Legislator without participating in any other gainful activity. She wishes to devote her entire time to improving quality of public service and not to use the legislative job as a stepping stone for other political office. She has organized a large corps of experts in various areas from the community, including professors and students from SUNYAB. It is her hope that this organization of community experts can be continued after the election In act as a citizens' lobby and research team to upgrade the quality of local government. �October 9, 1973 OPINION 6 a copy should pick up a new table judges of the Fourth Appellate of contents with page numbers in Division have consented to this 306 on the classhandout desk. unique appearance at a law school because of this Faculty's position Several areas of the school have as the only state-supported law been designated as information school in New York. by lan DeWa.il After the cases have been points where daily information is posted on bulletin boards. heard, the judges will meet with Turn of the Screw was initiated Student mail, ride notices and students in the afternoon to last year to provide a channel for personal messages should be discuss the decisions. Assistant communication between the Law posted inside the first floor Dean Marjorie Mix emphasized School administration and law student lounge. Class assignments that this is an unusual experience students. Information concerning are currently found on the second both for the Court and for the deadlines, application procedures floor bulletin board. However, if school and hopes that students for various things, requests for in the near future these listings will sacrifice their holiday to student input and general disappear, they will have been participate in this unique session. announcements that facilitate relocated to the first floor * * * For those interested in cards, one's existence at thisschool, will sylindrical bulletin board in the Moot Court lobby. Class schedule both ID and class registration again be madeavailable. changes and official law school cards are now available at the For the first time in a number notices are posted on the third Registrar's office. Everyone of years, a complete listing ofLaw floorcircularbulletin board, while should pick up their class cards as School policies and regulations Placement opportunities and soon as possible to check for concerning academics, financial aid information share the errors to avoid problems during registration, financial aid, board outside the mail room on exam time. organization of theadministration the same floor. Next to the * * * hierarchy, student activities and Registrar's office is a portable Students with Work-Study other information is available in bulletin board where Student Bar grants who have not yet been the form of a student handbook. Association notices can be found. placed should see me in 309 Many students apparently did not Students shouldcheck all these O'Brian Hall immediately. The receive a copy of this book during boards regularly as they are the Financial Aid Office will begin orientation. Extra copies are official day to day information reassigning the grants in the very available in the Registrar's office distribution points. near future. Also, if anyone has or in 309. Everyone is urged to other financial aid problems I am pick up a copy as Registrar available on Monday from 11:00 Charles Wallin has indicated that The Fourth Appellate Division to 1:00; Tuesday 11:30 to 3:30 all students will be held of the New York Supreme Court, and Thursday 1:00 to 4:00. responsible for the information normally seated in Rochester will * * * contained in the handbook. Also, travel to the Moot Courtroom on Jaekle Abrams scholarships thosewho have already picked up October 22 to hear cases. The have been awarded. Applications Turn of the Screw Old Courses New Classes Last Spring the law school faculty adopted a proposal to revise the academic program for the first year. As one of those who participated in drafting the proposal, I have been asked to describe how it affects the current first year class. The short answer is: fewer requirements, more electives, more writing. Torts and Contracts, which last year were six-hour, full-year courses, have been cut back to four hours in the Fall term only. This has opened up the Spring term to more elective possibilities. Thus Property will be the only course required of every first year student in the Spring. A student will make up the rest of his or her Spring program by choosing: (1) Two courses from among the Large Electives; and (2) One course from the Small Writing Electives, all of which will be open only to first year students. •** by Professor Robert Gordon ; - - * • f 0 great pi dee *b eat and aVihk Z5BO fain St Ht presents *\ W projects. - vacation of the rest of the University (March 16 through 23). The second proposal is more far-reaching as it concerns a major calendar revision for next year which would see school beginning in late August with finals before Christmas. A one week "rest" period between the end of classes and the beginning of exams would be included in the plan. Anyone interested in discussing this * * No classes may be added after proposal should immediately October 4. Classes may be contact the Student Bar dropped up until two weeks Association. before the first final exam. * ** The Mitchell Lecturer for this * * * The Law School will begin year will be Lawrence M. publishing a weekly newsletter Friedman, Professor of Law at next week which will appear on Stanford University. He has been Tuesdays. Edited by Marilla described as a leading American McCarthy in 317, the Newsletter legal historian. On October 16 at will basically be a calendar of 4:00 Mr. Friedman will speak on events with news announcements 'Toward a History of Justice in and grant information. the Court Room." Also, the first Mitchell Information should be brought to 317 by Monday noon for each Lecturer Fund Fellow has been Tuesday's publication. chosen. Professor Robert Stevens of the Yale Law School will * * * Final interviews are now being appear at the Speakers Hour on conducted for the new Placement October 11 at 1:00. The topic of Officer/Lecturer in Law. The this legal historian will be position will include 1/3 teaching. "Everything You Wanted to Know About Law School But * * A calendar changeproposal has Were Afraid to Ask." Mr. Stevens been sent to the Academic Policy will also participate in the and Planning Committee by Alan conference on "Legal Services." Decisions were based on an indexed comparison between financial need, outstanding educational indebtedness and scholarship. The recipients are: Barbara Barth; Ronnie Edelman; Eileen Greenbaum; James Hodge; Paul Litwak; Ed Manso; Tom Mullaney; David Picker; Joel Pock; Linda Tadsen and Laura Zeisel. fo aspect of a field covered in one of the basic first year courses (Torts, Contracts, Procedure, Criminal Law, and Property), and explore some of the important problems in that field in depth. Students will be assigned projects of legal research and writing on those problems. Not much more detail can be given about those courses just now, because for the most part they will be brand new courses, on whose design their future instructors are only now beginning to work. We do know, however, that each of the faculty members teaching a Small Elective will have the assistance of a third-year student who will be able to give help and counsel to students working on the writing specialized One cautionary note about these Elective Spring courses, both large and small. It will obviously not be possible to make these courses fully elective, since The Large Electives will be each course will have to enroll ordinary courses enrolling about about the same number of 70 100 students each. As of students. Procedures will be now, it looks as if Large Electives established whereby each student will be offered in: Civil Procedure ought to be able to get first choice (b), Sales, Constitutional Law, of one course and at worst third Administrative Law, International choice of the other two. (Even Law, The Legal Process, and this happy system will fail if possibly also Labor Law. Some of cv eryone chooses the same these courses (indeed all in the courses.) Halfway through the above list except the course in the Fall, faculty members teaching Legal Process) are offered to the Spring courses will issue upperclasspeople as well as first prospectuses detailing the content year students, so that a first year of the courses to assist rational student who misses one this choice. Spring will have another chance The final effect of the revision was a requirement that some next year or the year after that. The proposal of Small Writing writing assignments be given in Electives (enrolling about 3040 the Fail Termalso. Precisely what students each) resulted from a form these will take is as yet concensus among the faculty that undetermined. It is possible that sludents ought to start the ■ mini-courses of twenty accumulating experience in legal students whose function is writing as early during law study presently in the instructor's that each discretion will be used to as possible. The idea is course will deal with some administer-this requirement. for the scholarships were taken Ahart. One part of the proposal through the summer after notices would move up Easter vacation were posted last May 17. for this year to coincide with the — *r miss Sunday eves sho-9jo HMRMm^- -+he Football Beer-Blast Sunday dfterriaDri flnndaLj night and all Bills games each week plus a. +Ims specials I f\f J I �October 9,1973 OPINION 7 Chow-Down in the Halls Sports by Skip Hunter As the Shysters opened their second decade of intramural football competition at UB last Thursday, September 27th, underdog Les Carnivores (the French Club) led into thehalftime intermission and held on to win, 13-7. When the "meat eaters" hard-driving fullback, Mcl Diamond, dove two yards into the end zone late in the first half, it - marked the first time Les Carnivores' offense had produced a touchdown in the last three yearsof this one-sided rivalry. The touchdown came shortly after Les Carnivores, for the second time, failed to score from the shadows of the billowing yellow goal posts. A fifth-and-goal play from the three, a pass from senior quarterback Ralph Stavitz to his favorite receiver, tight end Louis Liberti, just missed. With 4:20 left in the first period, the Shysters' Rich Tobe punted out to the 31, and the scoring drive of the "prime rib gourmets" quickly took form. Diamond picked up nine yards around right end and Stavitz, a cool, talented 20 year old from Brooklyn, New York, passed to Liberti at the eight. On fourth down,Diamond drove thelast two yards, untouched, over center for the score. Stavitz failed to convert the extra point. Throughout the first half, Les Carnivores did most of the attacking. In fact, the Shysters' offense, no longer benefitting from therunning of All-I.M. Doug Roberts (now retired from the ranks of I.M. sports to pursue a legal career) kept sputtering. Les Carnivores were on defense in their own territory only twice. A couple of Brian Miga passes School Hosts Conference of John Lord moved the Shysters as far as the Carnivores' 42 late in the first half. With only 2:05 left in the half, Miga and halfbacks Bob Feldson and Harry Hersh moved in short gasps as far as the 37, before stalling. But Miga regained his composure in the second half and started to throw the ball with authority. Miga brought the Shysters from their 20 to the 47 with the help of eight and ten yard passes to Brian O'Sullivan and Bob Doren and ttien completed a 53 yard TD bomb to Larry Taylor, the I.M. All-Star sprint champion. Then Taylor breezed into the end zone again O'Brian for the extra point behind the blocking of Anthony Bottar and Craig Hodge to put the Shysters in thelead by a score of 7-6. It took the Shysters only 1:13 into the second half to bypass Les Carnivores. But Les Carnivores fullback Diamond took a punt late in the second period on the goal lineand rushed up the right sideline, finally being hauled down on the Shyster 18 by Jim August. A play later, Liberti ran a post pattern off right tackle for the victory. QB Stavitz ran into the end zone, unmolested, for the conversion. FINAL-LES CARNIVORES 13, SHYSTERS 7. Opinion Seeks Staff OPINION is looking for talented law students to revitalize our will discuss the papers after each presentation are: Professor Robert emaciated staff. We can use photographers,graphic designers, reviewers, W. Gordon, of Buffalo Law writers, reporters, managers, business people, executives, interviewers, School; Professor Quinton investigators. We need people to write columns, go to movies, make Johnstone, of Yale Law School; coffee, type, read copy, talk to the Administration and the faculty, and Professor Al Katz, of Buffalo Law cover the scintillating glitter of law school life. We would especially like School; Mr. Benjamin Lerner, examples of excellence in student effort. Don't hide thoseH's in the After lunch, the following Chief of the Office of Criminal drawer: get 'em published now, in OPINION. D's need not apply. We papers will be presented: "A Law, Pennsylvania Department of can't offer you three credits or a paying job later. But stop in and learn Comparative Perspective on the Justice; Mr. Walter Probert, about our fabulousbeyond-the-fringe benefits. Distribution and Delivery ofLegal Program Director for Law and Services in the United States," by Social Sciences, National Science Barry Metzger of the Foundation, Washington, D.C.; M International Legal Center in New Provost Schwartz; Professor York City; and "Representation Robert B. Stevens, of Yale Law as a Social Institution," by School; and Professor Preble Professor Leon Mayhew, of the Stoltz, of University of California Department of Sociology at the Law School. Faculty, students, and alumni University of California. Closing remarks will be made by Professor are cordially invited to attend this conference. All provocative of Buffalo Law Galanter, Marc SUNY/B Law School will be the Department of Political the host to a conference on the Science at the University of New delivery and distribution of legal Mexico; and "The Distribution of services, on October 11 and 12. No-Fee and Low-Fee Legal The conference is the result of Services by Private Attorneys,"by efforts by Professor Philip R. Professor Lochner. Lochner, Jr., of the Law School, and Al Heibein, a third year student. Featured at the conference will be the presentation of papers by leading legal and other scholars from Buffalo and elsewhere, followed by discussion by a panel of participants from various areas of legal studies. After introductory remarks by Provost Richard Schwartz on Thrusday evening, October 11, the following papers will be presented: "Legal Services for Persons of Moderate Income," by Ms. Barbara Curran of the American Bar Foundation; and "The Problem or Lack of Evaluative Standards in Legal Services," by Mr. Samuel J. Brakel, Project Director for the Judicare Study of the American Bar Foundation. A day-long program of paper presentations is scheduled for Friday. Presentations in the morning include: "Lawyers for the Poor," by Professor Marjorie girth of the Buffalo Law School; "The Failure of Legal Services," by Professor Harry P. Stumpf, of r. School. sessions will be held in the Carlos Members of the panel which C. Alden Moot CourtRoom. "Law and Order" "No well-ordered republic should ever cancel the crimes of its citizens by their merits; but, having established rewards for good actions and penalties for evil ones, and having rewarded a citizen for good conduct who afterwards commits a wrong, it should chastise him for that wrong without regard to his previous merits. And a state that properly observes this principle will long enjoy its liberty;but if it does otherwise, it will speedily come to ruin. For if a citizen who has rendered some eminent service to the state should add to the reputation and influence whichhe Our foreign correspondent reports on the American Bar has thereby acquired the confident audacity of being able Association's annual meeting in Washington, D.C., this summer, and its Law Student counterpart; starring notables such as William to commit any wrong without fear of punishment, he will in a Ruckleshaus, Ramsey Clark, Warren Burger, Hsing-Hsing (see picture), little while become so insolent and a special appearance by the Brooding Presence. Also, more law students report on their summer adventures; and overbearing as to put an end thoughts from the seminal minds of our faculty; and Mr. Motcha on to all power of the law." clackboards and equal rights for the New York Times. Niccolo Machiavelli Next Issue - �October 9,1973 OPINION 8 Alumni Line we'll bring a listing of the other officers and directors. * * * by Earl Carrel So far so good. One column down and only about ten more to go this year. Now that classes have started, I've finally had a chance to get out to O'Brian and look around. The last time 1 was out here was well before even Wade Newhouse knew when the Law School would be moving into its new quarters. Frankly, I feel sort of strange not being downtown amid the drunks and evening garbage cans on Eagle Street. This is not to say that I miss those sights, because I certainly don't. Anyway, I'm friendly Amherst police officer, downtown everyday, so this waiting to ticket the late student change is even nicer. who ventures a left turn from * � * Millersport thenatural entrance Most of the items in the Class to O'Brian Hall. No tes section are compiled We don't ask for much; we reading the local newspapers. don't want overnight landscaping, We'd like to hear from the rest of that our Alumni. Not only those who nor will we request airhammers not be operated inside live out-of-town, but those who the building during classes, or that have something to tell us and live classes no longer be temporarily in the Western New York area. shifted 200 yards away. But Just send a note to Alumni Line. without parking lot lines and * * lights, and without highway In case we don't get a chance lighting, accidents are inevitable. to say so, and we probably won't OPINION will continue to best of luck to all of our spotlight the shortcomings Alumni who are running for humorous and serious of our various and sundry offices in the new home. (1 am reminded that November elections. We'll try to first year students and third year acknowledge your successes in the students express a strong desire mid-November issue. for faculty advisors: the one to * Buffalo City Court Judge M. stay in school, the other to get out.) Please address all comments DoloresDenman, '65 is this year's to Bortcha Motcha, c/o OPINION. Alumni Association president. In the next edition of the Opinion, Student Dies in Study Carrel Tragedy struck last week in the beginning to complain. Several newly completed John Lord doors in the library are in fact O'Brian Hall. A first year law poorly constructed; students are student, identified only as B. advised to bring a screwdriver Motcha, was found dead in a withihem just in case. study carrel in the new library of Poor planning can be seen also Buffalo Law School. The cause of death, according to County sources, was starvation; the time of demise was estimated as somewhere between Torts and Criminal Law. A reconstruction of the tragic episode indicates that Motcha entered the fatal cubicle sometime after three PM in order to brush up on the perfect brief, which is the ultimate goal of all first year students. When six o'clock arrived, the student attempted to leave the carrel, only to find that the improperly constructed door refused to budge. Not deterred, Motcha shouted for help. But the student was at that point the only student left in the library. After a sleepless night, Motcha, with renewed vigor, resumed shouting. Students subsequently described the piteous yelps which filled the library. But all concluded that Professor Wenger, the head librarian, was administering discipline to his employees, and Motcha's cries went unheeded. The second night, Motcha apparently realized the seriousness of the predicament: the gnawed books and briefcase in the carrel testify to incipient starvation. Law students are all starving anyway; and death soon overtook the hapless youth. There is little knownabout the decedent. No identifying cards or marks were on the corpse; the student's identity was ascertained from books with the inscription "B. Motcha" and the mysterious word "Bortcha." Authorities were stumped, but it was reported that Motcha had been attending classes. The year will continue, but for one student, vacation has arrived, too soon. in the elevators. That two elevators with a sardine capacity of about twelve Twiggys are deemed sufficient for a population of 700 students, 34 full-time faculty, plus staff and Economics Department members, is somewhat ludicrous. But to take those elevators and obstruct them with pillars, hide the controls and up/down lights, and instill them with a swift silence to elude the unwary, is sheer madness. No less insane are the fancy water fountains which grace an obscure corner of each floor. Made of expensive brass, the fountains are beginning to turn green (to match students' stomachs). Nor are we happy with a refreshing drink of hot water between classes. Those who wish colder water must run to another obscure corner to the persons' room: but each sex must find the proper floor for its relief: men on even and women on odd floors. enough of the But shortcomings of JLO'B's interior, though we could rail against the lack of student lounge space, the pitiful allocation of vending machines and other food facilities, and the amazing "velocity noise" in room 210 which drove at least one professor to hold his classes elsewhere (we heard he moved to the No Name). Let's move outside. There, an amazing sight fills our eyes. By day, a fearsome tangle of construction material, mud, and gravel; by night, a truly dangerous trap for even the most cautious. Here is the parking lot: lightless and lineless, it is difficult terrain 24 hours a day. (But really, folks, do you have to park three deep and sandwich in the � middle guy?) Over there can be * * The above story is not true; seen the path to the Governors' but if it were, it would not be the Residence Halls but don't wear most bizarre result of the many heels to class if you want to eat a small things about which law hot lunch. In the distance can be students and even faculty are spied the nondescript car of the - Bulletin Board FACULTY: you are requested to mimeo your assignments in advance and make them available for students, rather than having them posted on the postage stamp bulletin board provided. We thank you. * Lawyers * The Young Section of the New York State Bar is Association planning a series of practical skills programs that will be of special interest to law * students and recent law graduates. To be held in the spring and fall of 1974, the program will consist of eight seminars devoted to basic knowledge and skills in a number of common areas of practice. Subjects to be covered include real estate; judgments and collections; pretrial preparation and trial practice; wills and estates; business law; and matrimonial practice. — • — -— •• Find out about the Along the line of ClassNotes, Opinion is particularly iiferested in the job situation of Class of 1973. Last year's the Seniors where are you??? the — **• Frank C. Moore, '21, who was elected Kenmore Villege Clerk while he was in Law School and then rose to New York State Comptroller, 1942-46; Lt. Governor of New York, 1950-53; Chairman of the State University Board of Trustees, 1948-65, and Chairman of the State Board of Equalization and Assessment since 1948 has retired from State government service at the age of 77. * * * H. JarvisTurner, '50, a partner in the Buffalo firm of Church & Turner has been appointed an Administrative Law Judge with the Department of Health, Education, and Welfare. Judge Turner will work out of Southfield, Mich. * � * Frank R. Bayger, '51, a past president of the Law Alumni and Erie County Court Judgehas been appointed to the New York State Supreme Court. ** * "52, and M. Alvin Click, Robert Koren, '44, have been appointed to the Board of Trustees of the University at Buffalo Foundation, Inc. Richard E.* Clark, * * '73, is the new Warrant Clerk at Buffalo City Court. ... NEW MARINO BAR REVIEW COURSE New for 73-74 complete with the all New Multi- volume set of the LIBRARY OF NEW YORK LAW For more information contact: William Reich 691-6672 Marty Miller 636-2143 834-4003 Students signing up now for the July Bar will be permitted to attend all lectures for the March Bar. � 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, 1973-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1973 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/adfe38c227e7cfdfdd086d98bab7f20c.pdf b252898232f2d313c9b2f06f1b2de323 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 3 -Levi Moot CourtRoom Dedication by JohnLevi U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law Appellate DivisionSits at Alden Moot Court Room Dedication The Carlos C. Alden Moot Court Room in O'Brian Hall was dedicated on Monday, October 22, with much pomp and a precedent-breaking session of the Appellate Division, Fourth Department, Supreme Court of the State of New York. In a day which was described as following Non-Profit Organization the ideals of the late Dean Alden, who led Buffalo Law School from 1904 to 1936, students were given a unique opportunity to witness actual appellate argument, and later could meet the judges and lawyers involved. The morning was devoted to the proceedings of the Fourth Department. The appellate judges, who normally sit in Rochester, traveled to Buffalo especially for the dedicatory session, in which a wide variety of cases was heard. About 400 students, faculty and interested observers jammed the Moot Court room for three and one-half hours, listening to arguments on habeus corpus, perjury, motions to suppress, and other points of law. Practiced appellate lawyers and raw Legal Aid attorneys alike presented oral arguments in the packed court room. Students were able to hear Samuel Fried, class of 1972, present an oral argument before an actual court. For many, the short step from school to actual practice was suddenly perceived. After the court adjourned, a buffet luncheon was held for the judges. Faculty members and students on the Moot Court Board were given an opportunity to speak informally to the judges about the morning's caseload. In the afternoon, the Carlos Alden Moot Court Room was formally dedicated. The brief ceremony was attended by many prominent local lawyers and law school alumni, who listened to short speeches by Provost Richard Schwartz, Albert Somit, Vice President of the University, Robert Koren, President of the Erie County Bar Association, and judge Dolores Dcnman, this year's Alumni Association leader. The eulogy was delivered by Frank G. Raichlc, Jr., Class of 1 19. Raichle, a prominent Buffalo lawyer with an illustrious career of his own, eschewed an enumeration of the accomplishments of Dean Aldcn for a few chosen memories from personal experience. In moving and sometimes humorous words, Raichle evoked the spirit of Dean Aldcn as a tireless worker for the law school, the Buffalo community, and thelaw. Dean Alden served Buffalo Law School for fifty-one years, professor, and professor dean, as emeritus. Coming to Buffalo in 1904, at the age of thirty-eight, October 30, 1973 he transformed a small school with only two paid positions the deanshlp and an into a large, administrator respected, and viable institution. As dean from 1904 until 1936, he mixed administrative leadership with long hours of teaching. When, in 1936, he reached the mandatory retirement age of seventy,, he continued as a professor until 1954, and as professor emeritus until 1955. Frank Raichle recalled a picture of the dean as a tireless worker, always looking for ways to improve thelaw and its practice. He was a leader in the fight to establish Legal Aid Societies here and elsewhere. And when he entered private practice with Raichle's firm after retiring as^ dean, he demonstrated the talentshe had given to legal education. "He could have been one of our greatest advocates," asserted Raichle, "but he preferred to imbue a generation of lawyers with his goals and skills." It therefore seems fitting that the moot court room, which will serve as the testing ground for Buffalo's future advocates, is dedicated to the memory of the — — man who worked so selflessly for the betterment of Buffalo Law School and thelaw. SBA, SFRB Reps Elected by Skip Hunter.. On Monday and Tuesday, October 15th and 16th, the Elections Committee of the Student Bar Association held student representative elections for the SBA Board of Directors and the Faculty Student RelationsBoard. S ix first year student reps were elected to the SBA's legislative body. They are Margaret Wong, who received a resounding 95 votes, followed by Rosemary Gerasia, 59; Ray Bowie, 57; Jerome Carr, 56; Gerald Hudson, 51; and Chui Karega, 47. The election was, indeed, a very closely contested one. The following unsuccessful candidates nearly secured positions on the SBA but lost by slightest margins: the of out Sanford Presant, 46; Paul Equale, 46; Ruth Siegel, 45; Charles Wilson, 40; Scott Field, 35; Charles Spiegel, 29; and RobertRosenthal, 25. The only declared candidate for the two student positions on the FSRB was second year student Kay Wigtil. Ms. Wigtil received 93 votes. Rosemary Gerasia, mounting a vigorous write-in campaign, received 17 votes to secure the other FSRB position, Originally there were three slots open to students-on the FSRB but as a result of the apparent lack of interest generated by the student body in failing to submit nominating petitions to this all-important faculty grievance board which hears grievances between faculty members and students, the Board along with SBA President Marty Miller decided that two positions were adequate. The unsuccessful write-in candidates to the FSRB are: Paul Equale, 15; Catherine Schutch, 9; Deborah Miron, 8; Richard Glick, 7; and Shirley Waters, 6. The referendum question posed to the body was: Should the SUNYAB Campus Security Force be equipped with firearms? The student response was 118 NO votes to 38 YES votes. Only 2 or 3 complaints were made as to the way that the question was phrased these complainants rejected the absolutist stance of the question (yes or no) and wanted the question posited in a qualified way (limited or selective arming). But in light of this minimal amount of objection, the question as written has been certified and the results approvedby the SBA. A total of 193 students voted in this election 161 first year students, 11 second year and 21 third year students. The turnout for this election was relatively high. But the lack of interest — - Kay Wigtil exhibited by the upperclass students was both noticeable and deplorable. It is important that candidates to the FSRB be selected carefully by the members of the student body because of the great power and importance that this Board possesses. All students are affected by the actions of the Board and, as such, all students should have a voice in electing responsi ble represen tatives. I n addition, the referendum was almost exclusively decided by the first year class and as a result, this vote will go on record as the official opinion of the entire student body on this currently importantissue. There were several reports of election irregularities removal of campaign posters and signs, campaign activity too near the - (I to r) GeraldHudson, Margaret Wong, Jerome Can, Ray Bowie inadequate polling booth, election publicity, problems with the procedure for filing nominating petitions, etcetera. No challenges or complaints were lodged with the Election Committee, so the election will stand a* is. But in light of these alleged irregularities, the election law and procedure promulgated thereunder, will be reviewed for revision, amendment or repeal. Recommendations will be made to the SBA within the next few weeks. The ballots were counted twice and certified by the Election Committee, consisting of myself and the SBA Directors Wesley Taylor and Lester Sconiers. Special thanks to Neal Dobshinski, also an SBA Director, for his invaluable assistance at the polling booth. Hirsch votes Congratulations the to winners and I hope that your terms in office will prove stimulating highly and rewarding. -Bufomante �October 30, 1973 OPINION 2 Editorial Letter to the Editor To the Editors: What explanation exists for the Brobdignagian approach to classroom life beingmade by the State University Construction Fund? I refer specifically to the "Type A" classroom seating Regretfully, we find the need to comment with dismay on the fiscal non-policies of the SBA during the past nine months. We find that not only does the President not know what's going on, but neither, unfortunately, does the Treasurer. We find that bills due last February have not been paid, neither has therebeen any notification either to the debtor-student organization or to the hapless creditor. Throughout the year, there has been difficulty with obtaining orders of supplies from Central Stores, due both to foul-ups by Sub Board and to mass confusion on the part of SBA. Communication between the two groups (both elected to serve students) has been extremely poor. Communication between SBA's fiscal officers and the organizations funded through SBA has been non-existent. The need for vigorous representation of law students at Sub Board meetings by our Second Vice-President has not been met. Questions to our financial non-leaders produce soothing assurances that all is well and will be accomplished in the fullness of time. Meanwhile, organizations have no idea where they stand it is not clear which bills have been paid and which have not. Students endeavor to pacify angry creditors without themselves having any idea that their promises will be supported by swift payment. Available records are vague and not documented by invoices, REP forms, checks or — receipts. And meanwhile, STUDENT CREDIBILITY WITH SUPPLIERS SWIRLS DOWN THE DRAIN. The obligation of SBA to give responsible financial service to students is clear. If this obligation cannot be met, we must question at least, the suitability of SBA's fiscal officers for their positions, and perhaps, even, whether SBA itself is a viable organization as it now exists. arrangements presently being installed on the first floor of John LordO'Brian Hall. Unless one happens to be over six and a half feet tall, one will undoubtedly find that the desk surface is inordinately high, creating a very uncomfortable if not impossible arrangement. writing Upon researching the matter through the University's Office of Facilities Planning, I was assured that the seating plan does meet State University Construction Fund specifications. My interpretation of available specifications agrees. The critical measurement in question is the distancebetween seat surface and desk top. measures If one any standard desk-type seating arrangement, one will find this measurement to be generally between ten and twelve inches (although an architect consulted set the ideal even much lower). This is the measurement (actually eleven to The Gadfly twelve inches) which is required in SUCF specifications. However, their measurement is from the highest point of the seat surface, which in the case of these chairs is not the critical dimension. The chairs are contoured; there is a significant indentation for one's derriere. Does it really matter where one's knees (which rest at the highest point of the chair) are in relationship to the writing surface? I would have to contend that it too is an important issue, but generally not nearly so critical to one's writing performance as the ass-to-desk-top dimension which Volume 14, Number 3 October 30,1973 .. "If you wish a picture of the future, imagine a boot stepping down on a human face, forever." Said to Winston Smith, Orwell's 1984 They do not wear armbands, march around in jack boots, or-appear in the accompaniment of guard dogs. Nor do they speak of the Aryan "übermensch" or the Soviet man as the Utopian end-product of genocide or eugenics. Rather, they operate either in the surgeon's smock or the politician's business suit,and their speech is of pacifying society through scientific conlrol of aggression. Their dream is the therapeutic slate, and its appearance is indeed that of a boot positioned over the face of mankind. Right Next to Mom While B.F. Skinner's program for taking us "beyond freedom and dignity" generated public revulsion over its explicitness, increasing numbers of Americans, frustrated with domestic violence and with military debacle in our attempts to impose the Great Society abroad, have come to accept technological control of fellow citizens for the sake of domestic pacification, always the precondition of any welfare state. Hence, while frantic efforts were made to bar the Skinnerians at the front door, Ole B.F. simply came in through the kitchen and settled comfortably in the living room, right next to mom and the freshly-baked apple pie. elite. And;ysfcih«.£&* prtyuul Is only the tip of .m iceberg, the' Vubrrtergeo/ part of Which invofyeVtheradical redirection of psychosurgery towardpolitical aims. Convergence Revisited With the development of each major social crisis, moreover, less and less of that iceberg has remained submerged, with the result that the public has generally acquiesced in a revival of lobotomy operations directed against the "deviant behavior" of social outcasts, non-conformists, and ideological dissenters. So extensive has ihe psychosurgical revival become, that it lends credibility to the "convergence theory" in international Let us move now to correct the situation before it is multiplied. Barbara H. Willis 1)1)1111011 * • i~\ -- - - - - Articles Editor Skip Hunter Features Editor Kay Wigtil SportsEditor Skip Hunter, M.C. Staff Frank Buffomante, Shelley Taylor Convissar, lan De Waal, Rosebeth Levi, Bortcha Motcha, Gary Muldoon, Peggy Rabkin, Gerry Schultz. r OPINION is published eery third week, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/H North Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. politics, wherein the U.S. and the USSR political systems are said to be drawing closer together, inasmuch as the trend in this country seems to be toward emulating the Soviet practice of institutionalizing as insane any political deviation. Frightened by the rapid succession of social crises since the 60's and willing to condone unprecedented repression in reaction, the American public, sadly, has failed to heed warnings of this convergence. Warnings there have indeed been. When the first wave of lobotomy spread to the U.S. from Portugal in the 19305, the operation was largely confined to the purpose of "pacifying" incorrigibles in state mental hospitals, and by the 19505,an estimated 50,000 hospital inmates had undergone the surgical procedure, which involved mutilation of prefrontal brain tissue so as to deaden' emotional reaction. Lobotomized patients exhibited intellectual deterioration, apathy, and withdrawal, effects intended by the operation to facilitate their handling by hospital attendants. By the 19605, at which time the operation was generally performed by electrically inducing lesions deep within the brain, promoters of the operaion began talking about its "social cost-effectiveness," or its utility for the control of social deviation. The warning signs were up. With Liberty and Therapy for All By the late 60's, the revival of lobotomyhad begun, this time with a more politicized purpose, with almost 1,000 operations a year being performed in dozens of medical centers, mostly on women diagnosed as "neurotic" or manic-depressive. The practice gained acceptability as treatment for "hyperactive" children, where limited lobotomy or amygdalotomy was used to reduce spontaneous activity and enhance controllability, next generation of social engineers. seating arrangements. Editors-in-Chief Kay Latona, John Levi Managing Editor Ray Bowie Photography Editor Chris Belling Alumni Editor Earl F. Carrel Without Freedom or Dignity "After the operation, they develop a sense of fear. I n cases that are still mildly troublesome, the threat of punishment quiets them The patient became more cooperative and obeyed commands." Baiasubramanian, Indian Neurosurgeon - in thiscase is fourteenand a half inches. The question remains as to what relief, if any, can be granted. Clearly, if the lecture room seating does meet SUCF contractual specifications, there is no recourse from the manufacturer or installer. However, does this mean that we must accept and retain SUCF standards when they don't meet human needs? There will be a great deal of construction on the North Campus in years to come, including installation of various Psychosurgeons Vernon Mark and Frank Ervin, who have received generous federal funding through the Justice Department, responded to the Detroit riots with a letter to the AMA Journal, in which they contended that "the real lesson of urban rioting is that we need intensive research and clinical studies of the individuals committing the violence ... to pinpoint, diagnoseand treat those people with low violence thresholds." The foundations of the therapeutic state were thus laid, intellectual foundations upon which the political structure is being built. OPINION is funded by SBA from Student Law Fees. by Ray Bowie As civil libertarianscould be counted upon to oppose operations performed for such purposes, the psychosurgeons at first pretended that their experiments were designed to cure epilepsy and "brain disorders," and few were as candid as Jose Delgado when, in Toward a Psychoclvilized Society, he openly disparaged civil liberties: "This type of liberal orientation has great appeal, but unfortunately its assumptions are not supported by neurophysiological and psychological studies." Delgado subsequently advocated a billion-dollar federal program for "physical controrof the mind," shortly after which the Justice Department's Law Enforcement Assistance Administration began the funding of psychosurgical research for the treatment of violent offenders, the first of a number of federal research grants in 1971. As the experiments were confined to prisoners, mental patients, and social outcasts, the interest of civil libertarians was not yet aroused, even though few cures of "epilepsy" were reported. One Step Backward In 1972, the therapeutic state suffered a mild setback when, due largely to the renewed efforts of psychotherapists who had fought the first wave of lobotomy in the 50's, Congress refused funding of further psychosurgical operations, with a number of states following suit. The setback occurred, however, only after a series of scandals involving vegetablized- "cures" and several suicides, all subsidized courtesy of the National Institute of Mental Health, and even then, there remain professional psychotherapists who continue to promote psychosurgery and legislators whohave adopted only a "wait and see" attitude until the current furor subsides. And TwoForward ''science, hfs criticisms are corroborated only by those sufficiently outcast or nonconformist to have directly experienced the oppression of that "science," while the vast majority of Americans still find both the science and its refutation too remote to be of immediate concern. To be sure, behavioral "science" and its psychosurgical methods will become less remote to the experience of Apieripans as the therapeutic state consolidates its ascendancy, but by then their concern will be of little import. The boot will have descended on thy human face, and Utopia will be ours. �October 30,1973 OPINION 3 It Am 't Necessarily So Some Common Myths about the Women's Movement by Shelley Taylor All too often, the Convissar most educated and most potentially positive forces in the community are opposed to "movements" on thebasis of the popular myths which surround them. In an effort to mitigate that harm to the women's movement, the following three (mis)conceptions are offered. 1. AFFIRMATIVE ACTION MEANS REVERSE DISCRIMINATION AND QUOTA-SETTING. According to first year law student, Ray Bowie, in his article called The Great Quotafication {Ethos, Sept. 6, 1973), Affirmative Action is "a reverse discrimination which would rectify past wrongs by perpetrating and sanctioning new ones, a vengeance ethic rather than an equal opportunity ethic." Further, Bowie complained that "the actual implementation of an affirmative action plan necessarily implies the establishment and filling of quotas" which he said "can be determined only with reference to the proportions women and minorities comprise within the population." Fortunately, Bowie is patently incorrect on all points. The Department of Labor guidelines state that goals required by the affirmative action order "may not be rigid and inflexible quotas that must be met." Further, President Nixon's own statement on the subject labelled numerical goals "an important and useful tool to measure progress which remedies the effect of past discrimination," yet cautioned that such goals "must not be allowed to be applied in such a fashion as to, in fact, result in the imposition of quotas..." And further, the determination of goals (set by each unit in schools or businesses, not by the government) has no relation to the "numbersof women and minorities within the population." The establishment of goals is based solely on the availability of such groups. If women and minorities are in the job market and // they are underrepresented in that unit and if they are qualified to fill the openings, then it would be a violation not to recruit and hire them. This is hardly reverse discrimination, unless Bowie thinks that women and minorities shouldn't be hired even if they're qualified, underrepresented and available. .. 2. THE MOVE TO HIRE WOMEN IS WRONG BECAUSE WOMEN (A) DONT WORK OR (B) DON'T NEED TO WORK OR (C) QUIT WORK AS SOON AS POSSIBLE. This statement typifies probably the most destructive myth about women. The feeling among employers, both male and female, that women workers are unreliable ordon't really need the work has helped to create the very disparate system we have today. The facts, however, show these conceptions to be unfounded. Women, even in the early twentieth century, contributed five million workers to the labor force in this country. Since then, that number hasrisen to over thirty million (30,000,000) in 1970. According to Professor may Davidson of the UB Law School, "these figures not sufficiently dramatize the importance of women to the economy. It is obvious, however, that a group consisting of almost 40 per cent of the labor force is indispensible to the functioning of thenation." Additionally, as of 1967, fully one-tenth of all family heads were women. According to the 19th Conference on Labor at New York University, "most women are no longer in the labor market to supplement their husbands' incomes, but primarily in order to provide the necessities of life for their families." Further, in 1969 a study was completed which showed that only 6.1% of all families headed by men were below the poverty line contrasted with 28.9% of all families headed by women. And, of the five million (5,000,000) families headed by women, 57.9% of those headed by non-white women lived in poverty. If nothing else, these statistics certainly speak to the need for women lo work. On the charge that women don't work on a regular basis throughout their lives, very little solid information is available. Studies do show, however, that the differences between women's and men's absences from work are minimal. The Bureau of Labor itself has examined the point and found, in an average year, that women lost 5.6 days contrasted with the 5.3 days lost by men for reasons other than vacation. Despite the fact that women have lower ranked and lower paid positions than most men, women alsoremain longer with their jobs than men do. A Civil Service Commission study has showed that 33% of men versus only 25% of women workers have changed jobs since 1965. . SBA Pledges "Good Faith Efforts" Routine Appointments Committee recommendations sparked a flurry of "affirmative action" resolutions at last week's Student Bar Association meeting, when the SBA Board of Delegates unanimously adopted procedures calling for a "conscious good faith effort" to include "third world and women students" in future committee appointments. Immediately following SBA President Marty Miller's presentation of the selections for various committee vacancies, Treasurer Hugh Scott broached the need for the Appointments Committee to henceforth adhere to a "conscious good faith effort" to include minority students in its selections. To this resolution, SBA Director Laura Zeisel moved an amendment changing the focus from "minority students" to "third world and women students," an amendment readilyacceptable to the framers. The resolution came under critical questioning from several Directors, some of whom expressed fears that such a resolution implied a quota system for the selection of committee representatives. To assuage such fears, the Directors amended the resolution further, so that the requirement would be that the two classes of students be "included in the committee's process of selection" rather than in its "selections" themselves. The resolution was the first vote in which the newly-electe;d|" First-Year Directors participated, and those present indicated support of the motion. With its amendments, the resolution passed the body unanimously. Further discussion of the Appointments Committee, which is regarded as perhaps SBA's most powerful in that it selects students as representatives to the faculty committees that run the school, resulted in several Directors voicing disappointment over the Committee's practice of failing to post its selections in advance of the SBA meetings or to publicize its selection criteria. Two additional resolutions, one obliging the Appointments Committee to post the names of selections one week prior to SBA consideration and the other requiring the publication of selection criteria, passed the body with unanimous support. Yet another resolution pertaining to the Appointments Committee, this one seeking "good faith efforts" to include joint-degree students on committees, was tabled due to lack of time until the next SBA meeting. by the As recommended Appointments Committee and accepted by the Directors, the following were approved as student representatives: Kao Pin Lew Minority Students Debbie Schwartz Appointments Long Range Terry Di Fillipa Planning Long Range Debbie Brodnick — Planning — -- International Legal Vickie Hess Studies International Legal Hugh Manke Studies Sally Fox Placement — 3. WOMEN TODAY GET INTO SCHOOLS AND/OR JOBS EASIER THAN MEN DO AND THEREBY TAKE PLACES WHICH MEN WOULD HAVE HAD. Although it is impossible to ascertain exactly how employers choose their workers or how schools choose their students, some facts do surface which seriously threaten the validity of such a statement. For example, U.B. Law School two years ago rejected a procedure whichwould have given preferential treatment to women applicants. The rise in women law students, in this school at least, is therefore not due to any formal or informal edge given them by either theadmissions committee or the Office of the Provost. According to Dr. Girth, one of the only two women employed as instructors by the law school, the admissions committee accepts 75-80% of its students solely on the basis of their GPA-LSAT data, without regard to sex or race. In the remaining discretionary category, other qualifications are examined, but sex is not one of them. In employment, using law as an example, the facts do not sustain the belief that women are more easily hired. In 1970, a survey, published in the Harvard Law Bulletin called Women in Law, of male and female graduates of the Harvard Law School indicates the opposite. The study showed that women received more interviews, but fewer jobs, and women received fewer offers from large corporate law firms as well. Additionally, when women lawyers did receive work, they earned less than theirmale counterparts throughout their careers and the differences grew with each added year of employment. Finally, to the charge that woment,when they are hired take the places that men would have had, all one can do is agree. But given the fact that women generally are hired in lower paying positions than men, given the fact that women are hired less often proportionally than men, given the fact thai employers have a natural bias against women in the work force, men can hardly complain. Women, if they are hired, can be sure that they were far superior lo other applicants forall of theabove reasons. Additionally, neither social nor legal sanctions arc applied lo employers who do not hire women unless they are eminently qualified for the open positions. Law Deans Favored Impeachment by Gary Muldoon stated that Nixon's refusal to Law school deans across the country on October 23 joined in the protest over President Nixon's dismissal of Special Prosecutor Archibald Cox. The deans signed a petition which urges that "Congress act immediately to establish a with court rulings "raises a serious question as to whether he will cooperate fully with a Congressionatly established prosecutor." To protect against this contingency, the law deans urged the creation of a House committee to consider the necessity of of the executive branch. noted petition The substantial evidence of the that Nixon has possibility engaged in "a deliberate effort to obstruct justice," and that ''public trust in the administration of justice requires that the evidence of such misconduct be investigated" by public prosecutors. The petition Deans from the following law schools have signed the petition: American, Buffalo, Case-Western Reserve, Catholic, Chicago, Columbia, Georgetown, Harvard, Hofstra, Howard, Michigan, N.Y.U., Pennsylvania, Stanford, Texas Southern, Tennessee, West Virginia, and Yale. The petition will be sent to Congress after more deans have been reached. special Watergate prosecutor's office," completely independent comply impeachment. Right On Writes Back To the Editors: So Bortcha's complaining, huh? Wow, you kids sure have it tough. His gripes reminded me of how rough it used to be to go to law school in the old days (1970-73). It is obvious from Bortcha's grousy article that the present denizens of the Big O are being culturally deprived. They have no opportunity, as did their illustrious forbearers, to park their Detroit contraptions in the mud flats or among the sand dunes of No MansLand (PeoplesLot) or to walk the Mile from there to the law school in the teeth of a bracing Lake Erie breeze, fighting off the winos of Terrace House and falling into potholes. They can't even go down into a spacious coral and aqua lounge and luxuriate among the vending machines free from the scrutinizing eyes of the ever-present ever-smiling faculty members. They probably don't even have garbage trucks in the alley to drown out droning professors. They probably don't even have an alley. Or cockroaches.Or bats. And so, Bortcha, while you're there in your private study carrel adjusting the polarized porthole, don't complain too bitterly or some alumnae may just arrange to have dußois take over the food concession. Otto Matsch up �October 30, 1973 OPINION 4 Faculty Meeting Notes enthusiastic. W. Haywood Burns, Director of the National Conference of Black Lawyers, will be recommended to the President for appointment. He is presently politically active as Adjunct Professor of Law at New York University. He has an interest in Civil Rights and correction reform which he hopes to maintain and develop while he is in Buffalo. Both his bibliography and his educational background are very impressive. His B.A. is from Yale. Among his numerous publications are The Voices of Negro Protest in America and "Federal Government and Civil Rights" in Southern justice. His nomination was strongly recommended by the Law School's Black American Law Student Association as well as by the Faculty Committee on The last It was the report from the Appointments Committee which dominated the October 10 Faculty meeting held in the Faculty lounge from 3:30 to 6:00 p.m. Professor Herman Schwartz, on behalf of this Committee, offered three names to the faculty for its consideration and approval. The nomination of Aleta Wallsch, a feminist and Marxist with strong references and long bibliography of publications, was rejected by the faculty by a vote of fourteen no, five yes. Six faculty members abstained from voting. If the offer had been made, and Ms. Wallsch had accepted, she would have taught Family Law, Property, and Law and Literature. Two men were also nominated by the A ppo in tments Committee. Both of these nominations were approved by a unanimous vote. The faculty will recommend that President Ketter appoint Andrew Spanogle, a specialist in Commercial Law with a pro-consumer bias. His recommendations indicate a reputation for good teaching and a desire to do empirical research on commercial law and economics. nomination was the most appointments. At the next Faculty meeting, a potential change in the grading system will head the agenda. Students interested in having input into any future grading system, please contact Peggy Rabkin, Eileen Greenbaum or Regina Felton, the student representatives whoattend the meetings. MoDtcha o 'Bout Nothing Ho hum. You would think the sixth floor of the only operating academic building on the new North campus would be a haven of solitude and ratiocinative silence. But take the other Friday. Here we were, putting together this article, thinking hard on constructive criticisms to make the law school safe for students. First, our illustrious editor meditated for an hour, to blot out the sounds of construction crews and the interminable bleep bleep of titanic machines backing around the building (it seems they never go forward perhaps the bleeping bleeping is simply the mating cry of the male earth that — mover). So we sit plan down and begin to ways to improve communications among students, faculty, and others. Suddenly, an inhuman cry filled the air, wailing and wailing in implacable hatred. Rushing out, our editor, who enjoys rushing about, discovered yet another carpenter nonchalantly leaving the library on some mysterious mission. A call to the library staff elicited understandable ire at having to traipse after the thoughtless workers, but an unaccountable refusal to yield the magic key which can silence the cry of the terrible exits (no relation to the egress). Well, thought we, maybe now we can succinctly delineate the pressing issues of the day. But no, still another jungle noise intruded; this time, it was the insistent trumpeting of the fire alarms, punctuated by the crunch of slamming doors. Our editor was transported back to days as a hall monitor, and proceeded to push all of us down the stairs. So much for a meaningful article this issue. Perhaps we'll cogitate when winter comes and the workmen are subdued, but they'll probably begin to cover the handprints on our white walls then. Ecch. * * * We would like to thank Mr. Ohho Matsch for his kind remarks on our last column. While his broken-lot running is famed throughout downtown Buffalo, we must note that there is little resemblance to our current plight in the perils of the Old School. Students who formerly parked in Joe's Lot or with the incomparable Mr. Trippe assumed the risk of potholes or being run down by deranged sheriff's deputies. And those of us who felt the bitter North wind could always stop in the County jail for a cup of hot lava and a nasty look. Tears come to our eyes when we think of the mellow punctuation the garbage trucks provided our mentors. by Peggy Rabkin - But here in Elysium similar challenges are unaccountably distressing. Imagine, Mr. Matsch, that you died and went to Conservative Heaven, with Saint Barry at the Gate and everyone playing accordions a la Welk! How much chagrin would you feel if you went to hear the matchless Mr. Buckley in those heavenly halls, and his mike didn't work? This is the deep hurl all of us wand'ring Jehovah's Witnesses feel al arriving at the Promised Land, and finding the basement flooded with milk,and honey all over our chairs. We imagine the Silent Majority must feel the same way after beating the pants off those hippies and permissive cumminists, only to find their pockets picked, their larders stripped, and the Reds brazenly stealing their oil, soy and wheat under the watchful eye of the epitome of lawnorder. * * * But perhaps we are being too harsh on our new environment. After all, many of the shortcomings confronting us are relatively corrigible. For instance, if those holdout profs who still insist that oral assignments, notes on the bulletin boards, and xeroxes in the library are a worthy substitute for handouts in class, would only see the light, there wouldn't be as much chaos as crowds many a classroom. And if those students who grab one of everything off the xerox piles wouldconsider that thosepapers are for someone else, only the occasional lazy bum would enter class ill prepared. And what of the recalcitrance of theadministration, which still seems to insist that the bulletin boards are an efficient method of disseminating information?? The chore of checking each board daily has worn out our best shoes and wearied our tired Environmental Notes by Gerry Schultz Lately we have been hearing and reading a lot about the energy crisis. Even the businessman's favorite tool, Richard Nixon, has haltingly murmured that we should maybe not use quite so much energy. But the crisis exists only because we have been brainwashed into thinking that we need buy a staggering array of consumer products which are at best frivolous. At worst, their profitable existence shows that we have become a nation addicted to consumption. As 6% of the world'spopulation, we use 33-40% of the world's energy and General Electric tells us that in ten years we will be using twice as much energy as we do now. This is, of course, fine for GE since it will keep them in the forefront of the fight for higher profits. The energy crisis is a fraud because it could be eliminated through mass action. There is no law saying we have to buy all of these things there is only massive advertising that stimulates an entire society, saying Buy! If enough people say "stop buying this unnecessary merchandise", more people would realize that a choice actually exists. If the point were brought home to enough people that a main reason the energy crisis exists is that people drive Cadillacs and buy electric can openers, they would have a second strong reason to stop wasting their money (that is, besides the fact that it is a waste of money). It is a waste of resources and energy. - - What We Can Do by Bortcha Motcha feet;and then you find out that that important assignment was hidden behing a Breitel poster which was covered with a Fuchsberg poster which was Iittered with books for sale notices and take ones for LIFE and other new magazines. OPINION wishes to inform the student body that student mail which comes our way will be tacked up at the far left of the first floor lounge. However, we exhort all students to pressure the SBA to devise better means for handling the dissemination of information to students, if it can get a quorum. * * * Fin ally, we wish to congratulate those members of the class of '73 whohave gotten jobs, recognize a few outstanding alumni, and wish the rest of you bilbos a happy Halloween. First on .our list is Cornea Bloomingame, '73, who passed the California bar on her first try. After six months of job hunting, she has finally landed a bit part in the new tv series "Mission Illegible." She will portray a wacky secretary with good legs. Right on. Then there is Michael Interminable, who was appointed to Archy Cox's staff of investigators. Hope you find another job soon. Older alumni are also in the news. T. Regulation, '54, has been named to the Gordon Liddy Chair of Criminal Law at Blacklener Law School in Brooklyn, N.Y. And we are pleased to announee the publication of a new textbook by Professor Robert Bullitt. Entitled Selective Service Law: GoldMine of the Seventies, it is published by Little, Cruddy, & Co., and at $23.50 it's a steal. 125 pp. Of Halloween we think mention should be made, if only to remind all denizens of these concrete halls that there is a party scheduled tomorrow, - 1. 2. 3. 4. 5. 6. Some things you can do to save energy don't buy any Stop using unnecessary electric appliances for gifts. Encourage your friends to stop using them: Warming trays Can openers EggCooker/poachers Knives Motorized bar-b-q's Shoe shiners Blankets Toothbrushes Combs/stylers Hot Dog cookers Sun warmers Razors HotLather Dispensers Steam wrinkle removers Ice Crushers Fondue sets Steak broilers Facial saunas — — Don't buy big cars they are a waste of resources, money and energy. The energy it takes to build and ship them and the energy it takes to run them. Encourage your friends and relatives to buy small cars. Don't buy cars with air conditioning -it is not only a substantial added cost, but also causes the car to use a lot more gas. Use hand lawn mowers instead of power mowers Buy beverages in returnable containers Recycle glass, metal and paper you use, as much as possible. There are recycling centers in Buffalo at Central Park Plaza, Main and Delavan, Park Edge (McKinley), and the Main Street Campus. In Amherst, at Sheridan near Bailey, and in Hamburg's Old Fire Hall, South Buffalo Street (downtown) there are metal centers also. For cans, you can go to Bethlehem or Republic.Steel. For paper only, receptacles are here in the law school building. Keep this in mind: If we all used substantially less energy and acted to conserve resources, therewould be no dependence on Mtdeastoil, no need for an Alaskan pipeline, and no tack or strip mining in large portions ofthe Western States. featuring apple bobbing, fancy costumes, and gala cavorting. As the Internal Revenue Service is recruiting that day, it isrumored that several third year students are coming dressed as Lou Del Cotto and Ken Joyce. We will be there, camera in hand, to capture all you with lampshades on heads and in other positions of lawyerlike repose, so easy on the nectar. CORRECTIONS OPINION regrets that we left Professor In issue No. 2, we omitted the student members of the Larry Wenger out o£^ Academic Policy and Programs the list of faculty offices in issue Committee (APPC). They are: No. 1. He can be found in room Ronnie Edelman, Alan Ahart, 205, phone x2043. and MarkFinkelstein. �October 30, 1973 OPINION 5 McCarty Discusses Law & Technology Note: The following is a slightly edited version of an address given by L. ThorneMcCarty to a Conference on Computers, Society andLaw: The Role in Legal Education on June 26, 1973 at Introductory Stanford Law School. It describes a course he taught at Stanford and hopes to teach here. The course stresses quantitative methodology and policy formation. McCarty stresses that there is no separate field on computers and law, no more than there is a field of law and typewriters. Instead, he contends that technology and scientific methodology have affected every area of study, and its use in and impact on law should be understood. He breaks the field of law and technology down into three areas the quantitative methodology the course described below studies, computer application to legal analysis, and legal control of computer technology (such as data banks and the right to privacy). Following the course description is an extract of the syllabus which the student may find helpful. Kay Wigtil — to an end. We have it from a computer, which has examined or processed or done whatever computers do to, or with, or at, a mathematical model of the world. (How typical, how depressing that most of us, dependent upon a computer and a math ematical model for news of doomsday's imminence, don't even know what a mathematical model is, or what a computer does with it, or to it, or at it.)" Now what does this have to do with law? Or indeed with Computers, Society and Law 7. It seems that law schools have traditionally reacted to quantitative methods in much the same way that Russell Baker does: the typical law-school graduate has a vague awareness that such things exist, but a lack of self-confidence in utilizing, criticizing or evaluating them. And in this sense law schools are an anomaly among academic institutions by L. Thorne McCarty My subject is not computers, per se, but rather a set of methodologies which are heavily dependent on the computer, which indeed owe much of their current prominence in society to the spectacular developments in computer technology in the past two decades. In the title I refer to "quantitative methods," a term which is intentionally imprecise and possibly misleading as well. I include here a melange of techniques: such things as statistical inference, mathematical modeling, mathematical optimization, computer simulation, decision analysis, and so on. There is no agreement on a term for these methodologies taken as a whole; nor is there any agreement on what the subfields are, or what they should be called, or how they should relate to one another. Sometimes the area is referred to as the "decision sciences," apparently to emphasize its function as an aid to decision-making, but this terminology is not universally accepted. So I make no attempt here to delimit the field further or to stipulate a more precise definition: instead I rely on some of the examples later in the talk to flesh out the concept more fully. It is often just these quantitative methods more than the physical which the computing machine itself generally educated public has in mind when it speaks of today's"computerized" society. The educated public is aware, I think, that many of our most heated public debates revolve around highly technical, highly "computerized" analyses: that the debates over equal educational opportunity, for example, involve the application of basic statistical concepts to large collections of quantitative data; that the debates over economic policy are guided by large-scale computer-simulated econometric models; that the debates over the ABM are couched in terms of the probabilistic models and mathematical optimization techniques of the operations research profession. And if there was ever any doubt about the impact a computer simulation study might have in a controversial public policy dispute, that doubt has surely been dispelled by the publication of The Limits to Growth, the Forrester-Meadows analysis of the consequences of unlimited economic development; this particular simulation model was front-page news when it was announced, and a subject for editorial writers for two or three months thereafter. The public reaction has been captured very well, I think, by Russell Baker in a column for the New York Times: "Now it appears that it wasn't a joke after all. The world really is coming - — -Beling L. ThorneMcCarty concerned with public policy analysis. Graduate students in the social sciences routinely study statistics, and in some cases (economics is the obvious example) rather sophisticated mathematics. Engineering departments are currently adapting their tools of optimization and modeling to policy issues, often in a distinctly proselytizing manner. Business schools typically require their students to study a year of Decision Science, and increasingly emphasize the application of these managerial techniques to the public as well as the private sector. Finally, as if this were not enough, a number of universities are now establishing separate schools of Public Policy Science, training both administrators and future researchers, and usually with a decidedly quantitative bent. Of course, a possible response here is to say: well, if the law school is in fact an anomaly among these highly technical approaches to policy analysis, then by all means let us strive to preserve that one remaining anomaly. By this view, the intrusion of quantitative methods and mathematical models into the social sciences in recent years has led only to an impoverishment ofsocial thought, and the proliferation of technical solutions to political problems has led to an even greater impoverishmentof public political debate. And there is obviously some truth most persuasively so to this position when it can be developed further into an informed critique of a particular misguided technical analysis. However, rather than attempting a resolution of this dispute, let me merely reformulate it as a series of questions which seem relevant to legal education. A first set of questions is concerned with the policy sciences themselves: To what extent are the new quantitative aids to decision-making in fact applicable to public policy analysis? If they are applicable in certain areas, how much does the policy-maker need to know in order to effectively utilize them? If they are not applicable in certain areas, how much does the policy-maker need to know in order to effectively resist them? A second set of questions has to do - with the lawyer's role as policy-maker: To what extent will the lawyer encounter these heavily quantitative analyses in his tradition role as practicing attorney? in his increasingly important role within government agencies? in his role as a member of the interdisciplinary research teams that are now so prominent in the academic community? A final set of questions is concerned with the law school's response to these developments: Should the law student be given a formal acquaintance with quantitative methods in law-related problem areas? Or should he merely be encouraged to cross-register into other departments? Or told that he can always "pick up" the technical material later if it becomes necessary? My own attempt to answer some of these questions has taken the form of an experimental seminar which I taught at Stanford Law School this past semester. I have thus addressed the last set of questions first: how well docs a course in Decision Technology and Law, as I called it, fit into the typical law school curriculum? But the other questions were considered also: indeed, a central purpose of the course was to assess generally the applications and limitations of quantitative methods in public policy analysis, and to speculate on therelevance of thismaterial for law graduates. I would like lo describe the course in greater detail, and indicate some of the tentative conclusions which emerged from it. First of all, the seminar I developed in Decision Technology and Law did not attempt to survey in one semester the entire range of techniques which I have so far loosely characterized as "quantitative methods": it focused somewhat more precisely on the concepts of modeling and optimization, with the emphasis being placed on computer simulation models and on optimal decision-making under uncertainty. That is still a vast territory, of course, but it specifically excludes methodology had arisen, so a thirdsection of the course attempted to focus on these "Issues and Problems": the limitations of the decision science techniques in realistic problem areas, and the need for a proper balance between formal and informal analysis. Finally, three class sessions were devoted to presentations of student papers. The important point to emerge from the first case study was the importance of interdisciplinary collaboration. If the systems engineer intends to address public policy questions, then he will necessarily be working with laws and lawmakers and lawyers; conversely, if the lawyer intends to address a complex systems problem like pollution control, he will be well-advised to make use of all the technical methodologies that are presently available. Furthermore, on a more intellectual plane, a mix of diverse disciplinaryapproaches to a problem is itself a healthy thing. I have emphasized so far the contributions that quantitative methods could make to the work of lawyers. I should also emphasize the contributions that a lawyer's peculiar skills could offer to the work of the systems engineer, particularly in the essential process of criticizing and continually modifying a proposed formal model. The remaining topics indicate the diversity of the problems that can arise. The final three case studies-were intended to provide a more detailed understanding of the various types of formal models that might be utilized in different applications areas, and to raise the same questions about the legal relevance of this work that first came up in connection with the first * case study. The sessions on "Issuesand Problems" which followed were intended to address explicitly the methodological criticisms which had appeared already in the more expository case studies. My own opinions about quantitative methods in legal problem areas have probably become apparent. I think the -Beling Quantitative Methodological Optimization Reduction traditional statistical methodology material is important, and will become increasingly so in the years to come. I partially because a course in social science research techniques (data analysis, have reservations about certain elc.) taught applications, obviously, but I think these had been inference, statistical the previous year at Stanford by Davis reservations themselves provide reason Rosenhan, Professor of Law and enough for a law student to study the decision science approaches in greater Psychology here. I envision as a further detail, always with a critical eye. development a full-year law school course which combines both: statistical inference and empirical research techniques in the first semester; modeling and optimization techniques in the second semester. In this sense, my seminar this year was a test of Quantitative Methods, Part Two. The general organization of the course was as follows: First, a quick "Technical Overview," very superficial, intended only to introduce some of the principal concepts and provide a foundation for the more detailed discussions that would follow. The second main section of the course then developed further in four "Case Studies," each one an application of optimization or modeling ideas in an area of potential legal interest. By this point, as anticipated, several criticisms of the Suggested Bibliography: Richard A. Cellarius and John Platt, "Councils of Urgent Studies," 177 Science 670-76 {August 25,1972). Ida R. Hoos, "Systems Experts: Foxes in the Henhouse," in A.F. Westin, cd., Technology in a Information Democracy {Harvard Univ. Press, 1971) pp. 444-450. Herbert A. Simon, "Understanding the Natural and the Artificial Worlds," chapter 1 of The Sciences of the Artificial (MIT Press, 1969). �October 30.1973 OPINION 6 Turn ofthe Screw An opportunity may exist for the establishment of a contingent loan repayment plan which wouldalleviate the financialproblems now existing for many law students. A similar plan in operation at Yale University provides loans to participants which are then paid back for a set maximum number of years at a percentage of income on an income tax type scale. Opportunities exist for repayment to be completed before the set maximum number of years has passed. There is one problem with instituting such a plan here. People are needed to help draft the final proposal and present it to a local area bank for endorsement. A request for volunteers for this project has been displayed withoutresponse for over a week now on various bulletin boards throughout the school. If you are interested in this effort, please contact Marty Miller in the Student Bar Association office as soon as possible. Immediate action is needed if this plan is to be operational for next September. ** * to class assignments General information relating (2nd floor), altered meeting times (3rd floor), room changes (3rd floor), financial aid information (3rd floor), placement (3rd floor), requests for students to see people in various offices for the completion of forms (3rd floor), by lan DeWaal and student notices (Ist floor) are all found on these boards. Students are held responsible for being knowledgeable of all information posted on these boards since they are the only viable method of communication that now exists. * ** Every year a number of individuals fail to pick up either their original class cards or change of course cards and every year someone who is not registered in a course attempts to take the final exam. This problem would be easily corrected if everyone made sure to pick up their class card at the Registrar's office. Also, a number of students, especially freshmen, have not yet turned in materialnecessary to complete their registration. Please check the list on the third floorround red bulletin board. Lawrence M. Friedman of Stanford Law School was hosted last week by the Faculty ofLaw and ) urisprudence when the reknowned legal historian appeared to deliver the annual James McCormack Mitchell Lecture, this year entitled "Notes Toward a History of lustice." In his ."Notes Toward a History of Justice," Friedman presented a tripartite division of American legal history, with the distinguishing characteristics of each era determined by the particular social demands made upon the law, and each era differing from the others in terms of both the criminal justice system and the accessibility of legal remedies. Identifying the three eras as the colonial, Victorian, and modern, Friedman's lecture consisted of comparing them, according to the two criteria of the criminal syste m and accessibility, and then reconstructing the contemporary social pressures which determined each era's characteristics. The Colonial Era The colonial era, a time in which the religious influence in politics was presumably strong, construed every crime as a sin against the moral order of nature but believed nonetheless that offenders could berehabilitated by public shame and proper instruction. Even though this often meant that the upperclass would impose its "natural" moral regime on recalcitrant lower classes of society, Friedman noted that "colonial justice was open and cheap, justices were well-known, and litigation was accessible to all and swift." The VictorianEra By the 19th century, the beginning of the Victorian era, the same moralistic laws remained on the books, but social attention focused more on crimes against property than crimes against morality, a shift reflecting "the desire to make at Law School by Gary Muldoon Jacob D. Democratic candidate for Chief Judge of theNew York Court of Appeals, spoke at the law school on October 15. Addressing an audience of about 75 persons in the Moot Court Room, Fuchsberg criticized the present system of the administration of law in the state and presented himself as one who is capable of extracting the law out of its current malaise. Fuchsberg, * tuition remission Students who are* *getting for any reason must file scholar incentiveawards in order to receive the waiver. In particular, the following students have not completed all forms necessary for securing a tuitionwaiver: Richard E. Clark, Loren Lobban, Roy Walker, Robert E. Brown, Regina Felton, William Robinson, Cynthia Lowney, Jose Sosa, Ro-Wang Yuen, David Hewitt,and RonaldSherod. Please contact JamesEagtin in 414 O'Brian Hall immediately. Friedman Delivers Mitchell Lecture by Ray Bowie FuchsbeS rg peaks the country safe for industrial growth." As society had become larger and increasingly more mobile, public shame no longer functioned as an adequate criminal sanction, so that "for the first time, imprisonment becomes standard." The penitentiary was invented, and "reformation was attempted by isolation the strictness and severity of prison life were to do the job." In terms of"the accessibility of legal remedy, the Victorian era saw litigation expenses soar beyond the means of most, the overcrowding of the courts with business transactions, and "the law itself become mysterious. with fewer willing to undertake risks in suing." Friedman described the era further as one in which litigation was discouraged in favor of private settlement, thus benefiting special interest groups with private power rather than individual litigants. Toward the turn of the century, Friedman contended, with the cities overpoputated and the frontier vanished, Americans began to experience a diffuse disquiet which manifested itself in xenophobia, racism, political radicalism, and "a mass of new law interest group law." As interest group fought interest group forlaws of economic benefit, the Victorian compromise broke down,and as "deviation came out of the closet, still other interest groups understood in the context of previous eras in the nation's legal history. ... The theme of Friedman's Mitchell Lecture, delivered before a Moot Courtroom audience composed equally of faculty and students, surfaced again when he spoke on the topic "Can Laws Really Change Things?" at the SBA Distinguished Visitors Forum. In law schools, he explained in his informal talk to the largely student audience, "professors and students behave as if minute procedures are very important that it makes no difference to social change whatsoever," and yet there are many instances in which the law adapts to social change. "A problem is posed by the social context, the demand comes from the outside," he argued. "And the demand on the law causes it to take on a new .. .. sought to legislate morality. The Modern Era In his assessment of the modern era, Friedman noted that "we are still paying the price for these nightmares." Repressive legislation spawned during the time of disquiet has been resisted, while the resistance itself engenders reaction. "The current crisis is one in which the demandsof the underprivileged have increased," he continued, "while* the levels of tolerance has generally gone down." The legal history of America, Friedman believes, illustrates how the law reflects the crisis of demands in each era, and how the current crisis can only be . meaning." As opposed to what he felt was the naive notion that judges reach momentous decisions in vacuo, Friedman stated his belief that the character of the judge, the quirks of wording, and even the facts of the particular case were largely irrelevant to the development of law, since "decisions are the result of social pressures on the legal system from outside the system." The act of litigation can help make social movements more visible and raise the consciousness of judges, but, he added, the important factor in legal developments is "the extent to which there is genuine social force pressing against the law." Hence, it often does not matter whether the argument is weak or the attorney poor, for so cial forces are more instrumental than the particular incidentals in determining a decision. "The law is not a conservative set of systematic concepts," Friedman concluded, "it can be used in the interest of social forces." While "no major social change can be accomplished through legal tinkering" and "the status quo may look like a brick wall," yet "some of the bricks are made out of marshmallow, and you can push through." JacobFuchsberg Fuchsberg stated that with the selection of candidates for the chief judgeship that has gone on for the past 57 years, there has resulted no effective and efficient administration of the courts. With a deal between the Republican and Democratic Parties to select the next senior man on the Court of Appeals for the chief judgeship, the system only assures the people that they will get the next oldestand next best tired man. Fuchsberg asserted that this method gives no assurance of a man with "drive, energy, and imagination that is implicit in the title of chief judge." The Democrat stated that he wants to shake up the system, to change unfair dispositions in individual cases, and that he stood for "change, whether somebody likes it or not." Fuchsberg cited examples of what he considered to be injustices and mismanagement of the law. He noted a study by the Economic Development Corporation which revealed that judges in New York sat on the bench for only 3 hours and 20 minutes per day, on theaverage. He noted that because of the backlog of cases, prisoners in the Tombs awaiting trial for 18 months were compelled to plead guilty to get released. He attacked plea bargaining abuses which allowed persona accused and perhaps guilty of serious or violent crimes to get off on dismissal or suspended sentences. Such cases have not been disposed of on theirmerits, he asserted, but because of calendar congestion. He also asserted that legal services are atf■ present not available to persons of moderate means, but that when he was part of theO.E.O., ten millionAmericans were able to get justice in the courts. The fifty million dollars that Governor Rockefeller has proposed to spend for new judgeships and court facilities for implementation of the new drug law is unnecessary, said Fuchsberg; the money could be better spent in other areas of the law, such as for probation officers and Family Court. The present court facilities can handle the drug cases, if there is proper management and effective leadership. Fuchsberg-Breitel Contest Fuchsberg stated that prior to this election, his opponent, Charles Breitel, had not proposed a single suggestion for dealing with the congestion of the courts. Citing his own credentials of 37 years as a trial lawyer, Fuchsberg asserted that the contest is not a matter of legal and intellectual credentials. Republicans on the Court Fuchsberg noted that at the present time there are five Republicans on the seven-judge Court of Appeals. ShouldBreitel be elected chief judge, a vacancy would be created which would allow Rockefeller to appoint another Republican to the court. {Fuchsberg consistently referred to Breitel as his Republican opponent, when in fact Breitel also has the Liberal Party's backing as well.) Fuchsberg was asked whether he, as a negligence lawyer and an outspoken critic of no-fault, would disqualify himself when the question came up before the -Beling Court of Appeals. He replied in the negative. He noted that no more than forty per cent of his case load was personal injury cases, and that philosophically and socially the concept of no-fault was very good, "|f it compensates all people." He said he opposed, however, the system of "pick and choose for the profit and convenience of the insurance companies." He also noted that, in a poll taken two years ago, 97% of New York judges were against no-fault. Another student queried Fuchsberg about his campaign for Chief judge and asked whether it had shown the kind of dignity that is becoming of a chief judge. Fuchsberg strenuously denied the assertion, stating that every piece of campaign literature and advertising by him was intended to state problems and to give his proposed solution to that problem. "The purpose of an election is not to create apathy," he stated. Previously In his speech, Fuchsberg had charged that Breitel's campaign was Composed of sloganeering and personal attacks. The purpose of his own campaign, stated Fuchsberg, was educational. �October 30,1973 OPINION Legal Delivery Conference Held by Ray Bowie The Faculty of Law and Jurisprudence sponsored its first professional conference in its new building two weeks ago, when local faculty and legal scholars from throughout the nation gathered for two days of discussion and debate regarding "The Delivery and Distribution of Legal Services." According to Provost Richard Schwartz, the conference was designed to "develop the scholarly equipment" to support reforms in the delivery of legal services, and the papers presented were selected toward that end. The conference had its genesis in the research of Prof. Philip Lochner, currently in New York on a leave of absence from the Faculty, and it was Lochner who invited to participate in the conference those whose work he had come into contact with in the course of his own research in the area of legal services. After Lochner had issued the invitations and selected the papers, coordination of the conference was delegated to Alan Heibein, a third-year student who had assisted Lochner with earlierresearch. According to Heibein, Lochner's interest in the area of legal services was aroused by the "interesting questions of why private attorneys give no-fee or low-fee counsei to indigent clients, what sort of private attorneys do this and to whom they give their services, and how they contacted such clients." In researching these questions for a forthcoming ■ publication, Lochner contacted legal scholars who were also researching that area, found that some supported his own findings while others contradicted them, and determined that a conference in the area involving those scholars would be productive. The conference was, according to Heibein, "one of the few areas in the interface of the social sciencesand taw where it is possible to hold a conference without having to commission papers due to the heavy amount of research already undergoing in the area." The extent of that research, and its controversially, emerged frequently during the course of the conference. Barbara Curran of the American Bar Foundation stated suspicion her that -Belling Conference on Delivery of Legal Services middle-income people were presently the group most bereft of accessible legal services and revealed that the ABF is conducting a study of that very problem, a study which was subsequently attacked by Yale Prof. Quinton Johnstone as "market research analysis" of the middle-class for benefit of the legal profession. In his own paper, Johnstone observed that one deleterious side effect of legal aid programs was the promotion of unnecessary legal services, thereby harming the interests of those who need necessary services. Controversy also surrounded the hypothesis argued by Harry Traffic Control on the North Campus The North Campus roadway systems, still only partially open, will within future months.and years become the key to a traffic master plan serving SUNY, the Audubon Community, and much of the Town of Amherst, according to John Randall, Architectural Associate with the University Facilities Planning office. New Entrances Within the next one to three months, much of the access and egress inconvenience will be remedied, he reported, when the yet incompleteAugspurger Road is current opened through to Millersport, thereby permitting left-hand turns in the area both entering and leaving campus. Another inconvenience, the trafficbottleneck at the intersection of Maple and Sweet Home, wilt be eliminated, it is hoped by winter, when the opening of the Flint entrance will permit the rerouting of Sweet Home along the North Campus Boulevard from Rensch Road to Flint. At that time, Sweet Home Road wilf be closed off between the Rensch entrance and Maple Road, and traffic lights will be installed both at the Rensch and Flint entrances to facilitate the flow of traffic through the campus. With the opening of both the Augspurger and Flint entrances, the campus roadway system will be prepared to handle two major interchanges in the future, with traffic flowing onto campus off Millersport and off the proposed Lockport Expressway, Which will be constructed just west of the campus. Traffic Signals that the installation of traffic Mr. Randall lights at the Flint and Rensch entrances i^already.behind years, and hence neither SUNY nor the Townof Amherst wishes to commit $30,000 to install a light on a section of Millersport that will eventually be torn up. He suggested that Amherst police may direct traffic at the Augspurger entrance should traffic warrant it, and that UB officials meet with,Amherst representatives monthly to review the North Campus situation. r>,.M , Millersport Highway; Despite plans eventuaNy to reroute Millersport around the campus, Randall reported that the state of Transportation is committing "substandard work" funds to widen the highway as a temporary measure to handle the expected increase in student and construction traffic in coming years. The funds were set aside by DOT for interim construction, and while the roadwork is acknowledged as "substandard" in quality, it is expected to last at least ten years, or longenough for thererouting of Millersport. Many of the roads planned for the campus' "Southeast Quadrant," the area south of Lake LaSajle and east of O'Brian Hall, are still sketched onlyas dotted lines, for construction in that area has been slowed by the need first to coordinate federal, state, town, and SUNY planning in the area. Department -Bufomante the "central spine road" running up the center of the developments. Another consideration in the routing of campus roads is the Erie and Niagara Counties Regional Planning Board, an agency responsible for "total regional planning" and the approval of federal funds for highway construction. As the ÜB-Audubon network includes federal funding, the routing of the remaining campus roads must be coordinated with priorities chosen by the Regional Planning Board. political St v mpf, science professor at New Mexico, to the effect that, while the OEO legal aid programs did not meet their ambitious goals of social change through legal services, the programs have had the unforeseen effect of encouraging the study of poverty law in law schools. Each paper delivered was critiqued by a panel of faculty and guests, an arrangement which Heibein said was complicated by the installation of seats in the lecture halls through that week. "There was no way to plan rooms," he said. "A small room wasn't conducive to panel discussion, yet no larger room was available." Observers at the conference sessions also reported that panel participants, especially faculty, would often arrive late for the discussions and sometimes simply failed to appear, resulting in disruption of the schedule. With regard to attendance at the sessions, Mr. Heibein asserted that "there was fairly good attendance by students," but faculty participants were criticizing overheard their colleagues' lack of interest in the conference. by Ray Bowie Still a thirdconsideration is the alignment of NFTA's rapid transit system, designed eventually to connect the campus with downtown Buffalo. According to Randall, it now appears that the NFTA will come along Millersport, travel directly through the middle of the campus and then up to Audubon, making UB "truly an urban campus." The alignment of the NFTA system through the campus wiil, moreover, make possible the development of "Parcel B," a 20-acre site next to Lake LaSalle, on which the University wishes to construct a "commercial-hoirtingdevelopment" of its own. Parcel B, it is hoped, might include 20 to 40 stores integrated with family housing open to married students, faculty, and even some members of the community who desire to live in a campus environment. Shuttle Buses Within the campus itself, the University intends to use Putnam Way, which will form an inner loop around the academic buildings, as a limited-access roadway for the operation of a shuttle bus run and service vehicles. Altogether, there are several shuttle bus systems planned, perhaps with one run going up to the Ellicott complex, another to the Governors' Halls, and a third to the campus' administration-services area. Randall mentioned, as an additional possibility this winter, the inauguration of jitney service between O'Brian Hall and the Governors' Halls, once the present walkway is paved and lighted from the Physics building. The service is expected to make the Law building accessible to dormitoryresidents in the winter months. Parking and Street Lights Parking facilities, Randall admitted, will fall below lots and along campus roads, Randall felt that such lighting was indeed a high priority, but that complications involvingthe State University Construction Fund and numerous subcontractors had caused the delay. Lighting will be installed, he promised, within several weeks. Traffic control devices, Randall concluded, will be Installed along the internal campus roads sometime next fall, when the additional traffic of the Etlicott complex and the Education-Philosophy building justifies their installation. , 7 �CLIENT COUNSELING RACE OPENS The ABA/ LSD has announced dates and other pertinent information regarding the 1974 Client Counseling Competition. The competition is a legal teaching technique designed to sharpen counseling skills in the same that Moot Court sharpens appellate argument skills. This year the subject of the competition will be Wills and Family Property, Students will be presented with scanty data before the competition. The actual competition will consist of an hour with the first forty-five minutes devoted to an interview with the client, during which the competing students will be expected to elicit the rest of the relevant information, propose a solution or outline what further research would be necessary, Then the students can use the last quarter of the hour way to confer October 30,1973 OPINION 8 between themselves verbally prepare a post-interview memorandum. and This memorandum can be used to explain to the judgeswhy the students handled the interview as they did. SUNY/B, as an ABA/LSD member school, is eligible to send a team to compete. There is a $25.00 entrance fee per school, and entries must be received by November 19. Individual students, as well as student bar associations, are invited to enter; however, the entrance fee and traveling costs must be borne by the entering team. And in order for a school to enter, its dean must approve and a faculty member must serve as an advisor. Requests for further information can be addressed to Marianne K. O'Brian, Assistant Director, LSD, 1155 East 60th, Chicago, IL 60637. Aslast year's entrants from SUNY/B, Chris Greene and Neal Dobshinsky, will testify, the competition represents a good opportunity to practice the skills required of a good lawyer: the experience is educational, and cashawards are given to regional and national winners. Interested students should contact Greene, the SBA's LSD representative, or should write ABA/LSD directly. In addition, urge interested students to the Student Bar Association at its Friday meeting, and request that funds be allocated to offset the application and other costs of the competition. The competing team will represent this student body; so it should be underwritten by Student fees, and all students should investigate this opportunity to practice the skills they will soon we approach preach. Bulletin Board National Lawyers Guild will meet Wednesday, October 31, 7:30 in Norton Hall. * * * Moot Court Competition Scheduleis as follows: Practice Round: Monday Nov. 19 & Tuesday Nov. 20 at 7:30 p.m. -10:00 p.m. Regular Rounds: November 27 and 28 (Tuesday and Wednesday) at 7:30 -10:00 p.m. Consolation Rounds: Thursday Nov. 29 at 7:30-10:00 p.m. Semi-final Rounds: Friday Nov. 30 at 7:30 9:00 p.m. Finals: Saturday December Ist in the Moot Court Room at 2:00 ■ 4:00 p.m. - SPORTS There will be an All Hallow's Eve party on October 31, location to be determined. Sponsored by SBA, paid for by Student Fees, and performed for the benefit ofall. With special guest stars. * change * * of the headings on There has been no the assignment bulletin board from the traditional (here) denotationsof FR (freshman), JR (junior), and SR (senior). There has been an expressed preference for "First-year," "Second-year," and "Third-year" from the students who are being denominated. Is Ben Schwartzwalder Coaching the Shysters? by Skip Hunter M c The Shysters, intramural football'sthird-ranked team, had its customary struggle with the powerful Underdogs for the greater part of their sth meeting oh Thursday, October 4th before submerging to a 21-19 upset defeat before a crowd of 15 at Clark Hall Field No. 2. Our Shysters, 13-7 losers to Les Carnivores in their opener on September 27th, were 7-point favorites against the Underdogs. The rival coaches, Jim August of the Shysters and David Brody of the Underdogs, once were semi-pro teammates on the Brooklyn Cavaliers. The Purple Hounds were as tough an opponent as any team on the Shysters' schedule. In August's two years as head coach, his "young lawyers" held only a 5-4 supremacy over the Underdogs. The Shysters struck for seven big ones in the opening two minutes and might have had another touchdown if not for a good defensive play by cornerback Rich Johnson. On the first play after the Shysters had run back the kickoff to its 26, Bob Doren broke over right tackleand raced 64 yards before he was brought down by Johnson at the Underdog 11. Dorcn broke his finger on this play and had to leave the game; An appreciative audience gave Doren a standing ovation for his outstanding athletic ability. Johnson then deflected QB Brian Miga's third-down pass intended for Harry Hersh in the end zone. Miga then threw a bullet spiral pass to tight end Larry Taylor on the 1. Taylor made the catch on his fingertips and danced into the end zone for a 6-0 Shyster lead. Miga ran the ball in for the extra point. But QB John Little of the Underdogs came right back and brought the Purple Hounds from their 20 to the 47 with the help of eight and 10-yard passes to Les Scott and Hugh Bronstein and then completed a 53-yard TD bomb to Phil Foxworth, the UB 100-yard spring champion. Scott's conversion tied the score at 7-7 at 2:41 into the first period. After the Shysters were unable to capitalize on an interception by safetyman Anthony Bottar, Miga directed a 62-yard, five-play drive to a go-ahead score. Craig Hodge failed to make the conversion. Underdog QB Little was not to be denied. Little completed a 14-yard pass to half-back Wayne Collins in between big ground gains by Scott and Allen the put Washington to Underdogs on the Shysters' nine. Washington carried a pitchout around his right side for a TD behind a block by Bronstein. Little failed to convert, making the score at the half 14-13 in their favor. At 1:01 into the second half, the Shysters' Larry Taylor made an interception at midfield on a pass deflected off of Underdog tight end Eugene Thomas' hands and ran the ball into the end zone for the score. The conversion failed. Again the Shysters held thelead which was to be lost for perpetuity with only :40 left in the game. With seconds remaining, Underdog QB Little found his primary receiver Foxworth open and hit him with a 4.5-yard aerial bomb for the deciding score. Little breezed over the goal line with "little" trouble for the extra point. FINAL THE UNDERDOGS 21, THE SHYSTERS 19. games, other Souchies n I quarterback Manny Rodriguez dropped two bombs behind the Shysters' beleaguered defense to guide the visitors to a 13-6 victory on Thursday, October 11th. Souchies, trying to win its first contest in three games this season, dented the Shysters' end zone in each of the first two periods, on Rodriguez's passes. The lone Shyster score came with 2:10 teft in the game on a 10-yard pass from QB Miga to halfback Brian O'Sullivan. And on October 18th, the Shysters and the Bruins played to a scoreless tie. The Shysters now hold no hopes of IM League Independent title aspirations after salvaging a scoreless tie against the Bruins, thanks to a defense that would not quit, despite the frustrations provided by a barely visible offense. This game only underlines the frustrations the Shysters have experienced since the season opened. No more need be said. Alumni Line by Earl Carre] As we promised you last time out, here is a listing of the officers and directors of the Law Alumni Association for 1973-1974. Hon. M. Dolores Denman, President; Hon. Rudolph U. Johnson, Vice-President; Franklin A. Stachowiak, Treasurer; and RobertSchaus, Secretary. Directors: Grace Marie Ange, Everett M. Barlow, Harold J. Brand, |r., John D. Bridge, Hon. Roger T. Cook. Robert P. Fine, Michael W. Gibson, Alvin M. Glick^Samuel L. Green, Richard F. Griffin, Richard A. Grimm, Jr., James V. Hall, WaldronS. Hayes, jr. William Hepp, Robert E. Lipp, William J. Love, Jr., Richard S. Manz, Joseph M. Ralabate, Hon. William J. Regan. * �# Congratulations to those who passed the March, 1973, Bar Exam and were admitted to practice last month. * ** George A. Cofran, '29, retired senior warrant attorney in BuffaloCity Court, diedOctober 22, 1973. *** Lester S. Miller, '32, Erie County Personnel Commissioner since 1971, Majority Leader of theErie County Legislature or Board of Supervisors from 1960-1971, and a member of the Legislature or Board 1950-1971, died October 10, 1973. Mr. Miller was a past president and formerdirector of the Law Alumni Association. Letter to the Editor To the Editor: I feel oppressed and, surprising to no one as it may be, the future quality of life at this law school is being determined now. The first inhabitants may adjust to the surroundings by their appreciation and acceptance or by appropriate attempts to alter conditions. In either case, the resulting status quo will never be so easily alterable again. With this in mind, and whilestill attempting to adhere to my own long-standing decision that I do not want to run a law school, it would seem appropriate to suggest that the Student Bar Association and assorted other powers that be devote their attentions to the invidious class distinctions that grow subtly more apparent and to the "lawand order" mentality that represents the most noticeableand chief characteristic of life at Lord O'Brian's Hall. In particular the following could be remedied: 1) The present condition of limiting access to and from the library to the second-floordoors, necessitating multiple trips up and down for all of the non-thieves of the community while the thieves cleverly hide all the important scholarly tomes in some yet undiscovered reach of the catacombs or take the library elevator to the first floor. 2) The locking of the Student Conference Rooms (i.e. on the fifth floor of the library) at 4:30 p.m. each day because the day staff of the library are going home. (The importance of this fact remains quite obscure.) 3) The locking of classrooms and seminar rooms between classes so as to prevent (writing on the blackboard by Captain Canada?) their use. My seminar has never met on time because the instructor must always find someone important to come and unlock the door. (Room 503.) 4) The locking of the library and hallway entrances to the fifth floor garden so as to make the only possible access via the faculty lounge though it is the only outdoorspace protected from wind and construction noise and to the best of my knowledge has never been used by anyone other thanmyself. 5) The notice on the door to the faculty lounge that it is to be lockedbecause students can either 1) escape to the library or 2) gain access to the garden. 6) The distinction of having faculty, staff and student lounges plus student, faculty and administrator's gardens-in the firstinstance must be seen as perverse, implyingat best a lack of common interest in communicating as fellow members of a community and more likely, some sense of mutualdisdain. 7) The continuing practice of the placing of a current legal periodicals collection in the "faculty lounge" either because students are 1) not interested, 2) not supposed to be interested in current professional literature or (more likely) 3) because of a conviction by the law and orderists that students steal. 8) The decision to discriminate against first-year students in the process of assigning student lockers on a first come, first served basis. 9) A host of other situations need remedial attention, from advertising of the mail service on the third floor, to free telephone service, to food at any price. Beyond the area of facilities planning, there should be serious questioning of the cell tendency from law review, women's dinner parties, Jewish singles clubs and consciousness-raising groups for the descendents of the Salem witch trials. However, the principal question raised here is not concerned with the process of identification of allies or with specific amenities that are hidden or missing altogether. Instead, it is to suggest that some of the discomfortsamidst the splendor are caused not so much by necessity as by attitude an attitude in which persons within and entering into an elitist system (the law as we know it) create unacceptable distinctions based upon status within their accept and own community. Insensitivity here will follow us through the (wall) streets and prisons ofAmerica. Thomas Schofield - - � 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, 1973-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1973 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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Budget requests submitted to the Committee represented hefty increases on the whole, over amounts requested and received last year. Although activity fee income is indeed greater this year than last by approximately $2000 due to the larger freshman class, penditurecategories. As decided by the Budget Committee, the new guidelines reflect several policy revisions in SBA budgetingpractices, the most significant being a standard procedure for the channeling of all organization speakers through the Distinguished Visitors Forum, a set guideline for convention expenditures, and limitations on office supply and telephone allocations binding on all organizations. For organizations attending conventions, the SBA policy would apply a formula granting $110 per thousand miles transportation per person for a maximum of two people, together with an expense allocation allowing $50 per person attending the one convention furthest from Buffalo. The $65 ceiling on office supplies resulted in substantial budget cuts to several organizations that had hoped to stock new offices or initiate new programs requiring increased expenditures for supplies. The ceiling was considered by the Committee to be the only equitable formula for reducing inflated requests while still providing those supplies necessary for office functions. Requests for office furniture were deleted by the Committee inasmuch as such items can be obtained through the University by SBA requisition. Confronted with differing formulas for telephone reimbursements, the Budget Committee set a $25 maximum long distance allowance for nationally affiliated organizations and advised others that calls made within New York State or to Washington D.C. were to be channeled through the tieline, thereby obviating the need for reimbursement. The Committee announced that one telephone for on-campus calls would be installed in each organization office. An "executive campus phone line" was allocated $510 and reserved for the use of non-national organizations with a need to make calls off-campus. Budget requests for athletic or social activities, the Committee decided, would not be funded except through the standing Athletic and Social Committees of the SBA, a formula which destroyed the hope of a new organization, Association of TennisEnthusiasts, for an over-$ 3000 budget. In pursuance of a policy forbidding "slush funds" the Committee forced many organizations to drop miscellaneous or contingency lines and ruled out trans- the Budget Committee reported that activity fee waivers had also risen dramatically, to the point where almost $1000 has been waived thus far this year. Despite increased income, the decision had to be made to cut budget requests, some as substantially as 60%, to meet revenues. The Committee received a surcontinued on page 5 A: SBA Organization {Social Athletic Orientation); B Opinion; C: Distinguished Visitors; D: BALSA; E: PAD; F: Lawyers Guild; G: Puerto Rican LS; H: Law Women; I: Moot Ct.; J: Int. Law Club; X: All others (5 Clubs). by Ray Bowie Public discussions and committee meetings are currently underway regarding a proposal for a new three-year clinical education sequence, designated the Integrated Professional Practice Training Program and designed to coordinateclinical practice with simulated experience. Explaining the IPPTP proposal to the sparse studentaudiences attending two recent information forums, Prof. Norman Rosenberg, director of the present clinical program, stated that the model under discussion contemplates the integration of the current offerings into a larger three-year clinical sequence that might eventually see first-year students participating in a clerking capacity, second-year students working in "simulated law firms," and third-year students engaging in various types of clinical practice, including client contact. Local Options Noting that current clinicalofferings are limited to Civil Law, School Law, Women's Clinic and Clerkship Program, Rosenberg Cafe in; Lockers Out — Although this Author's note was a jointadministration-student decisiont Dean Greiner preferred not to comment and Mr. Wade Ne whouse was unavailable for comment. by Karen O'Connor In a move to provide law studentsand staff with much needed on-premises food service, the second floor locker rooms are tobe converted to a cafeteria site. Those having second floor metal lockers have vacated themand are awaiting new locker space in the basement of O'Brian Hall. Protest has been made over the added inconvenience of a basement locker site, a location worsenedby flooding conditions in the basement. This flooding had made the basement unsuitable for food service. The decision to move the lockers unleashed a flurry of poster activity depicting the ills of the O'Brian basement, but the decision remains final. According to SBA President, Marty Miller, "the second floor space was the only suitable location for the much needed eating facility." Mr. Miller said that three possible sites for the cafeteria were discussed. The first preference was to establish a rathskellar-type facility in the basement. "Unfortunately, the Board of Health could not approve this arrangement for several reasons," said Mr. Miller. "The flooding in the basement was the most serious difficulty, but it was compounded by poor ventilation and inadequate water and electricity. The basement floors also were not tiled, another Board of Health must," continued Miller. The second proposed site was the fourth floor staff-student "The entire problem stems from a lack of planning," said Miller. Initially, there were no plans for food service in this building; the state believing that there told the assembled students that although the Court of Appeals has set a maximum of 12 credithours obtainable through clinical programs, the faculty has the latitude within that restriction to increase the number and breadth of local programs, which would be the effect of the proposed integrated model. Defining clinical education as that involving contact with real clients and work outside the traditional casebook approach, Rosenberg admitted that the school had experienced difficulties trying to meet that definition, particularly with thelimited variety of current offerings and the reluctance of faculty to sponsor students in the Clerkship program. In further explicating the new proposal, he argued that "the traditional program needs to be broken out of, replaced with a negotiation process where students and faculty negotiate on hours, credit, work." The affiliation with the classroom, he continued, might be replacedby affiliation with the simulated law firm in the second year, in a sequence leading to either live client practice or clinicalresearch in the third year. Under questioning from students, Rosenberg, who directs, the present clinical program, stressed the fluidity of the IPPTP, revealing that he hopes students would be permitted to solicit their own projects, that there might be "a different formula for every project," and that the sequence should provide "lateral entry" for those who wish to participate in clinical programs without following the simulated firm route. Simulated Firms Nonetheless, "the association with the simulated firm is the hub of the model under discussion," he added, in that the IPPTP sequence would have participating second-year students "joining simulated law firms instead of being assigned to classes," which firms would then be matched against one another to research and argue various cases. Cases would be selected so as to cover various substantive areas of law and provide "the skills training a neophyte lawyer or law clerk might be expected to receive in a law firm." lounge area. This area also proved to be impracticalaccording to Miller. "The area contained adequate water and electricity, but the elevators were not designed to carry the heavy traffic that would result if a cafeteria were located there. Practice Part While the simulated firm part of the IPPTP might thus be the first and second year sequence of the program, the practice part, that involving client contact orrewould be more than adequate stu- search, would be generally open dent loungeand eating facilities in "only to properly prepared thirdother buildings on the Campus. year students." In this practice "If the fourth floor site had been part of the model, the student's selected, valuable lounge space affiliation would shift from the would have been lost," continued Miller. continuedon page 4 continued on page 5 �November 20,1973 Opinion 2 Editorial President's Corner Best Wishes by Marty Opinion regrets to announce the resignation of Editor-in-Chief Kay Latona, effective October 30. In forsaking us for her studies, Kay is taking a step which confronts most third year students who have developed extra-curricular interests. The pressure of difficult third year courses, job hunting and often part-time legal jobs becomes overwhelming; the choice becomes to cut back on activities or resign oneself to a slew of D's at semester's end. Still, we shall miss Ms, Latona, and wish her well in her future endeavors. Capricious Puff It is unfortunate that truth is a flickering flame, prone to extinction by the most capricious puff. The administration has seen fit to make liars out of the majority of the third-year class in the present Law and Jurisprudence Bulletin, by stating on p. 40 that candidates for positions on the Law Review "are selectively chosen on the basis of scholastic performance." Not only is it not true that the Law Review selects candidates on the basis of scholastic performance, but the method of selection actually used, a competition held by the Review's Editors and graded exclusively by students, has been artfully forgotten in the Bulletin's blurb. (The Bulletin fails to mention the existence of Opinion, but that'sanother editorial.) Third-year students must consequently explain nonmembership on the Law Review to prospective employers, not in terms of choice, but in terms of some intangible mediocrity measured by a dozen hours of furious writing in little blue books. The Editors of the Law Review have wisely decided to use a more equitable standard for their selection perhaps the administration should stick to what is and forget what might be preferred. — the GADFLY Miller The President's Column is de- signed to be informational. For the most part I have attempted to keep the scope of my column so limited. However, I believe it is necessary to bring to light a number of the inaccuracies which appeared in the Editorial of the last issue (Vol. 14, Number 3). People err, and when they do they should be criticized. Criticism serves a number of ends. It offers an opportunity to the party who errs to become aware of his mistakesand correct them. Additionally, it offers the angered or perturbed party the occasion to vent his anger or frustration. It appears that the writer of the Editorial was both angry and frustrated. So upset in fact, that the editor neglected to do the necessary investigation that is demanded of the responsible journalist. The editorial displayed almost a complete ignorance of the SBA-SUB BOARD relationship. Last year, the SBA did experience some difficulty in procuring supplies from University Central Stores. That problem was rectified during the spring. Orders from Central Stores have been delivered without delay since that time, provided that the proper procedures are followed. Fiscal irresponsibility on the part of the SBA executives? Hardly accurate. Our Treasurer has been attempting to develop and institute a streamlined procedure for the processing of REP forms. The procedure was constructed this summer and is fully operational now. Checks can now be issued in about one-half the time it took last year, if the organization requesting the funds properly files the forms available in the SBA office. It was impossible for us to order our disbursing agent (SUB BOARD I, INC.) to issue checks to persons when receipts were not attached or when receipts were attached there was no explanation available to support the bill. Often organizations would just hand someone on SBA a bill and expect payment; unfor- .... ligation to adequately represent the law school at SUB BOARD meetings. Nothing could be further from the truth. Last spring there were lapses in communica- tion between SBA and SUB BOARD. Those problems have been long since rectified. I can continued on page 4 n™rfctrkr» 11111111011 Editor-in-Chief: John Levi Managing Editor: Ray Bowie Photography Editor: Chris Belling Alumni Editor: Earl F. Carrel Articles Editor: Skip Hunter Features Editor: Kay Wigtil Sports Editor: Skip Hunter, M.C. ■ Staff: Frank Buffomante, Shelley Taylor Convissar, lan De Waal, Rose- beth Levi, Gary Muldoon, Karen O'Connor, Dave Stever, Rich Tobe, Bill Ernsthalt. OPINION is published every third week, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. program's impact upon the nation. The effect of Legal Services activism has been to extend the over-all parameters of "public policy" so as to include within its coercive sway spheres which had previously been left to private priorities or individual initiative, an effect which is commonly perceived in retrospect as the "growth of government." In a system of majoritarian democracy, the objection to this effect is less that it might institute socialism on the sly, than that it represents the achievement of public policy changes through litigation rather than majority consent. In a republican system, where the existence of "inalienable" civil liberties prohibits the intrusion of socialism into large areas of the private sector, the public policy changes effected by Legal Services litigation are doubly objectionable, as they both avoid the democratic Lyndon's Baby forumand intrude into the private sector. When founded in 1965 under the benevdespotaegis of Actions Without Clients Writing back in theDecember 1971 Yale Law Journal, our Great Society, the OEO Legal Services program was relatively restricted in its functions, operating under Richard Blumenthal commented that "Legal Services prohibitions againsthandling criminal cases, representation attorneys have been known to place a higher priority on of the "voluntarily poor," and engaging in political some issues that are of less concern to the client advocacy. community than to themselves (T)here have been paper, increasingcomplaints about attorneys who 'exploit' clients Since then, the restrictions have remained on many Society sweeping with Great both welfarist launch law reform ventures to but as so actions when the and militarist, the program has greatly exceeded its individuals may be seeking much more limited solutions to envisioned scope, to the point where its present record their problems ..." The mechanics of this illustrate the seems better characterized as breach of the original process of bootlegging public policy. Being on the federal payroll and hence not subject to limitations than as adherence to them. Conceived as a mechanism to assist the indigent with fee pressures, Legal Services attorneys have been freer than legal problems arising from accidents, divorces, contracts, private practice lawyers to devote their time and energies and the like, Legal Services has instead become a channel to promotion of their personal political priorities rather for the funneling of public monies into ideological legal than meeting client demand. In practice, this often means crusades to "restructure" vast areas of public and private that the Legal Services attorney decides which clients and life. In such manner, it has used the U.S. Treasury to what causes shall gain attention, a decision generally having more to do with the attorney's political objectives bankroll bootleg public policy. thanwith the merit of the client's case. ToRestructure America The basic tool of these public policy litigators, the Said Rep. Earl Landgrebe (R-lnd.), a conservative critic of the Legal Services operation: "There is overwhelming "sweeping law reform actions" cited by Blumenthal, is the program alleged is its class action suit, for which the Legal Service attorneys purpose not evidence that the of the goal of serving the poor, but rather the promotion of a have proven all too willing to sacrifice the traditional individual case service which aids clients on a one-to-one variety of leftist-socialist causes." Communist bogeymen have been frequent spectres of basis. According to Harry Brill, a research sociologist Working "socialism" here is for a San Francisco Legal Services office, "at least America's collective nightmares, but if hundred individual client cases were traded off for to be understood as the extensionof government intrusion several each class action suit," a situation hardly envisioned by into and control over the private sector, then Rep. Landgrebe is indeed correct in his evaluation of the those who established the OEO operation to aid the .. that fashion. Certainly the SBA is not blameless, some bills were never paid. It is not clear whose fault, if anyone's. Some bills, along with other SBA files were lost in the move to the new building. The Editorial leads one to believe that the Second Vice-Presidenthas not been fulfilling his ob- Volume 14, Number 4 November 20, 1973 OPINION is funded by SBA from Student Law Fees. Bootleg Public Policy In historical retrospect, the supreme irony of the Nixonian era may well be that while Nixon spokesmen, including that presently punctured plenum of pompously pious platitudes, were touring the country denouncing "acid, amnesty, and abortion" among the "radiclibs," federal attorneys were hard at work promoting liberalized drug statutes, abortion rights, assistance to military dissenters, and the presidential ambitions of one George S. McGovern. Indeed, perhaps the most potent force for radical social change in America has been that quietly welling up within the Administration itself, the OEO Office of Legal Services, an activist octopus whose tentacles have spread since its 1965 birth to encompass a national network of 260 programs, over 2200 lawyers, 850 locations, and a budget of $71.5 million. tunately, or possibly fortunately, we are not permitted to operate in by Ray Bowie indigent on an individual basis. Conservativeshave longobjected to "class actions" on public policy grounds, arguing that public policy ought to be determined in the public scrutiny of the legislative forum rather than in the closed proceedings of the courtroom, where few citizens grasp the significance of the proceedings and even fewer the portentous result. Liberals, meanwhile, are beginning to suspect that the interests of indigent clients are being harmed by the Legal Services mania for public policy objectives, often to the point where the client is sought out and encouraged to sue just to dovetail with the classaction objective. From either the liberal or conservative perspective, it would seem that the result of Legal Service is the same: a political program for poverty lawyers instead of a poverty program for the poor. A Vested Interest Back in May, Senators Brock (R-Tenn.) and Helms (R-N.C.) introduced an alternative legal services proposal which would allow existing state agencies to establish the legal aid program, empower the state bar association to administerit, and establish a voucher payment system that would permit indigent clients to select their own private attorneys. The voucher system would appear a particularly effective means of cracking the legal services monopoly and breaking the stranglehold elitist legal services attorneys presently exercise over the program. Despite the range of alternatives and therising wave of criticism, the legal establishment remains firmly committed to the "services monopoly" concept, with the American Bar Association defending the class action approach and the usual welfare-state politicans lauding the public policy objectives sought. The same forces, noticeably, are opposed to the "Judicare" or decentralized voucher alternatives, simply because neither lends itself to litigation for public policy ends. During a period in which Americans are becoming alarmed over revelations of the extent to which special interest groups are influencing national policies, it is indeed shameful to find the legal profession at the head of the pack trying to cement this service monopoly not only over the poor, but over the entire field of public policy as well.Granted the inextricable connectionof taw and public policy, the latter is simply too important to be relegated to a legal elite, particularly one that views litigation as a short-cut to political power. To allow such is to issue a standing invitation to Watergate. �November 20,1973 Opinion // Am ft Necessarily So 3 Abortion: The Right to Choose by Shelley Taylor Convissar "No woman can call herself free who does not own and control her body. No woman can call herself freeuntil she can choose consciously whether she will or will not be a mother." Margaret Sanger may not be regulated in any way by State or local actions; regulations imposed for the second and third trimesters of pregnancy must be applied "in ways reasonably related to maternalhealth;and finally, the fetus does not have legal rights before it is recognized by law at birth."(Emphasis mine.) "The Supreme Court can nullify the laws of the states, but it is not within its power to nullify the laws of God." Bishop Edward Head,Diocese of Buffalo Since the pronouncement of theselandmark decisions, many states have found their own laws in whole or in part unconstitutional. Courts have invalidated abortion laws in twenty-five states and nineteen have enacted new statutes conforming to the Supreme Court ruling. The battle is not won, however, since five states have passed resolutions calling for a constitutional amendment to override the Court's decisions and ten states, including Massachusetts, have passed laws which exempt physicians and hospitals from having to perform abortions. Despite the Gallup poll in 1972 showing that 64% of all Americans and 56% of all Catholic Americans believe that abortion should be a matter of choice, antiabortionists have doubled and redoubled theirefforts to ban abortions and remove that choice for women. According to the national chairman of the Committee of the Ten Million, the Catholic Church is planning to spend five to ten million dollars a year on lobbying and advertising campaigns against legalized abortion. Unfortunately,they have won several easy victories because proponents of abortion do not have either their financial, organizational or politicalpower. In Michigan, the referendum on abortion is a perfect example of this power. The question was slated for November, 1972 and polls early in the fall of that year demonstrated that a clear majority, almost 60% of the population, favored a liberalized law. After the barrage of On January 22,1973, the Supreme Court of the United States handed down two decisions which dramatically changed the concept of a woman's right to terminate her pregnancy by legal abortion. By invalidating criminal abortion laws in Texas and Georgia, the high court may have changed the law on abortion, but it definitely has not solved the problem. In a seven member majority, the Supreme Court's decision in Roe v. Wade extended the right of privacy to women considering abortion by stating that it "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." Further, the Courtinvalidated the Texas statute which "excepts from criminality only a life saving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved." Justice Blackmun's opinion for the majority determined that such laws, which were prevalent throughout the country, were violative of due process. Combining the decisionsof Roe v. Wade and its Georgia counterpart, Doe v. Bolton, the position of the court is clear: the decision to terminate a pregnancy must be a private one between a woman and her medical counsel; the decision to terminate a pregnancy during the first trimester What is the Guild? '60's, the Guild was the only legal group to provide services to the civil rights movement in the Southand the Guild also put forward a major effort to challenge selective service and military bureaucracies paving the way for the draftresistance and burgeoning G.I. movement. At present the Guild is actively fighting for prisoners' rights, women's rights, mental patients' rights, and Native Americans' rights; helping defend the Attica Brothers and the Wounded Knee defendants; supporting the United Farm Workers; and working in the areas of labor law, military law and community law schools. The Guild is also active in challenging the abuse of Grand Juries. The Buffalo Chapter is composed of about 25 legal people, about 15 of whom are students at thislaw school. We share an office in Room 118. The National Lawyers Guild is an association of lawyers, law students, legal workers and jailhouse lawyers which squarely faces the need for change in the structure of our political and economic system. The Guild, working collectively through its many projects, places its political and legal skills in the service of all those strugglingagainst economic exploitation, racism, sexism and attacks on civil rights and liberties. The Guild history begins during the 1930's when Guild members fought for the rights of workersand poor people, and drafted, litigated, administered,and defended much of the more progressive New Deal Legislation. During the silent generation years of the 19505, the Guild was in the forefront of the struggle against McCarthyism, scoring many First Amendment victories. Continuing into the Amerikan Injustice in his original 1968 conviction,Arto Williams,has recanted totally in Federal District Court in Martin's habeas corpus hearing before Judge )ohn T. Curtin. The hearing and Recently, the Appellate Division, Fourth Department, recantation were in June, but judge Curtin has still failed ruled "in the interest of justice" that Martin Sostre's to rule. Due to his inaction, Martin has been beaten twice by the Buffalo Chapter ofthe National Lawyers Guild 30-41 years to 25-30 years. Martin was framed in 1968 on a phony narcotics charge. His real crime was running a people's bookstore on the East side. It is cruel to say that keeping an innocent person in {ail for 30 years is just. This is Amerikan "justice." There have been several other recent developments in Martin's case and in his life. First, Martin is beaten by a seven man goon squad every time he goes to court. He is being held in Unit 14, the solitary confinement section of Clinton Prison, the worst of New York State's maximum security prisons. Martin is in the "box" because he has a % inch beard. Martin has been in solitary for almost all of the last five years. Every time a prisoner leaves his cell (the rules do not apply to women's prisons) in any solitary confinement unit in any maximum security person in this state, he is forced to submit to a rectal examination. This dehumanizing practice is justified by the Corrections Department as necessary for security reasons (the same reason given by Nixon and his plumbers for many of their crimes). The only possessions Martin is allowed to have in his cell are his lawbooks, so the talk about security is a vicious lie. Martin refuses to submit to this degrading search and therefore each time he leaves his cell to go to court he is beaten savagely by seven goons. They shot George Jackson and 43 at Attica, but they're beating Martin slowly to death. (Incidentally, if a prisoner in any of the boxes wants to have a family visit or a legal visit, he must submit to the same rectal examination. For these reasons, Martin has been forced to give up these luxuries). Second, the prosecution's main witness against Margin sentence should be reduced from - since then. Williams testified that Mike Amico (then head of the narc squad and now Sheriff, reetected) was responsible for Martin's frameup. (The crimes of law and order government officials are not limited to Washington and Watergate; these crimes are being committed at every level.) Third, when Martin was being brought to federalcourt in June, he was beaten into submitting to therectal search. As a response to this brutal beating, Martin filed a federal civil rights action against his attackers. This is not Martin's first law suit. (See, e.g. Pierce, Sostre, Samarion V. Lavallee, 293 F.2d 233 (1961); sosfre vs. McGinnis, 442 F.2d 178 <1971);So5/re VS. Otis, 330 F. Supp. 941 (1971); and Sostre v. Rockefeller, 312 F. Supp. 863 (1970). Martin has been too successful with these suits, so successful that the state has charged him with a class C felony assault on his seven attackers as a response to his present civil rights suit. If convictedof this, it would mean life for Martin since it would be his third felony conviction. Catch 22: every time Martin goes to court to answer these obviously trumped up assault charges, he again gets beaten into submitting to therectal search. So this is Amerikan Justice in action: An innocent man is held in solitary confinement only to be let out to be beaten and taken to court to have his rights further ignoredand trampled on. What can you do to help Martin? Two things: First, write to Peter Preiser, Commissioner of Corrections, Albany, New York and demand an end to the inhuman practice of rectal examinations. Second, Write to Judge John T. Curtin, Federal Building, Buffalo, and ask thathe rule in Martin's favorand overturn his conviction. __ radio, television and lobbying efforts by the opponents of abortion, however, the law was defeated by nearly 60%. Similarly, in New York State, the state legislaturepassed a decidedly conservative abortion law after like emotional techniques by the antiabortionists,and only the governor's veto held back the furious tide and saved the present law. Knowing that the only effective way to override the Supreme Court's rulings on abortion is throughCongressional action, the opponents of the law have focused their efforts mainly on the men and women in the House and Senate. To date, their emotiona! appeal and pressure techniques have been surprisingly successful. One reason for this is that the mail toCongress members is overwhelming- I ly anti-abortion, approximated at 100 to 1 against abor- ; tion. As with most issues, those in favor of existing practices do little or nothing to protect their interests while opponents, even though a minority, make themselves heard. It was in this light that the House of Representatives .mil the Senate passed legislation exempting individuals and institutions from the duty to provide abortions. I-n the Senate, this took the form of a rider proposed by Frank Church (D-ldaho) to the Public Health Service Act and was ! approved by that body in a vote of 92 to 1. Senator William Fullbright (D-Arkansas) dissented, alone. The consequences of this type of legislation should be clear; it j effectuallycripples the right to free choice provided by the Supreme Court if hospitals can, on the basis of their religious or moral beliefs, refuse to perform abortions. According to Bea Blair, Women's Lobby Inc., the passage of such provisions maybe especially serious in areas where only one hospital provides gynecological services. Such laws, she said, are "resulting in a return to medical discrimination in which the wealthy, who can afford to travel, get safe medical care, and the poor are forced to seek dangerous alternatives." Even more potentially harmful to the pro-abortion stance is the emergence of constitutional amendments which are literally flooding the Congress. These proposed constitutional amendments have been distinguished into three categories: The Whitehurst Amendment, proposed by Rep. G. William Whitehurst (R-Va.) recommends that the question of abortion should be decided by the states alone. Although seemingly the most mild challenge to the present law, this proposal, it is feared, could act as an easy cop-out for congress members who want to avoid the wrath of either side of the controversy. The Buckley Amendment, proposed by Sen. James Buckley (C-N.Y.) wouldallow abortions to save the life of the woman, but would restrict the protection of the fetus only that far. This equal protection notion would apply "to all human beings, including unborn offspring at every stage of their biological development, irrespective of age, health, function, or condition of dependency" according to the wording of the bill. The Hogan Amendment, devised by Rep. Lawrence Hogan (K-Md.) is clearly the most threatening to the proponents of legalized abortion. Submitted only eight days after the Supreme Court decisions were handed down, this bill would declare the fetus a person from the moment of conception, thereby jeopardizing the right to abortion even to save the life of the woman. In addition, this proposal would establish the unprecedented notion that the embryo has equal rights. Representative Hogan is now actively enforcing a discharge petition whichwould takehis proposed amendment out of the House Judiciary Committee and put it directly onto the floor of the House without any further review. The congressman needs only 218 signatures from his colleagues to do so, and reports are that he is moving close to that goal. Once on the floorof that body, the proponents fear that the test tube wielding opponentsof abortion will win over the required two-thirds of both houses to succeed in the first step towards invalidating the Supreme Court's ,, . progressive rulings. The arguments about abortion are in stalemate. The opponents of legalized abortion defend the sanctity of life while the proponents see as more important the quality of that life. Neither argument is particularly constructiveand neither is sufficient to answer the complex and ever-changing concerns surrounding the subject. Rather than a rehashed debate on the theories involved, therefore, a more productive view might be attained from an investigation into the facts of the issue. According to Dr. Alan F. Guttmacher, approximately one-third of all pregnancies end in termination by abortion.Before the Supreme Court's decisions legalizingabortion, at least five hundred thousand women died from illegal abortions. Dying at a rate of approximately ten thousand a^year, women either went to abortionists of questionable authority or tried to self-abort by the use of such unsanitary and dangerous instruments as knitting continuedon page 4 �President's Corner SBA Budget continued from page 2 proudly report thai Mr. McLeod it is a welcome improvement to has been faithfully carrying out O'Brian Hall. his responsibilities and has attenMany students have been trouded every SUB BOARD executive bled by the early closing of the and board meeting since Septem- library and the building. The libraber. 1 might also add that in addi- ry is attempting to find the neces- tion to Mr. McLeod, the President had also attended every meeting. With regard to representation on other university-wide organizations I am proud to report that our representatives to Norton House Council and Universit> Assembly have been fulfilling their funds to remain open later in the evening. At the present moment budgetary constraints force the early closing. As for the building, there are possibilities that there may be arrangements for making rooms available for late studiers. but that all hinges upon developing a plan to make the building and its occupants secure in person and property during the late evening hours. Many of you are aware of the theft of the microwave oven from the fourth floor. Now at Amherst, without the watchful eyes of Art, John and the rest of the Eagle Street staff, we are not as comfortable and secure in our new home. One plan which has been introduced for discussion is the installation of 22 closed circuit television cameras with monitors. Those cameras would be placed in each hallway to give Campus Security an unobstructed view of each hall. Cameras would not be placed in classrooms, nor would they operate during the day. Persons monitoring the screens would be able to respond to any emergency situation almost immediately once it is discovered.Otherwise the injury or potential danger to person or property might go undetected causing unnecessary anguish. This proposal was recommended to the faculty by the Budget and Program Review Committee (S/F Committee) unanimously. The committee expressed serious reservations as to potential misuse and therefore suggested its adoption subject to certain reser- ! vations. They recommended that i the systems be used only from early evening hours until classes the next morning only; additionally., they recommended that un- j der no circumstances should the system be equipped with a video tape recorder. Your opinion is solicited. Kindly present your opinion'views to the SBA office on no more than three typed pages no later than the Friday prior to sary obligations. Hopefully it will not be necessary to again correct Che inaccuracies appearing ;n ih > publication. 1 expect that furunt criticism and critical iruN-sis «9 be icsea-cfied insiead of being what appeared to be an emotiona! outburst of the editor's pen. I am pleased to report that the negotiation> between the Law school. FS-V rruintenace, and the rest of the powers that be hate been concluded. Primarily through the efforts of Professor Wade Newhouse and Associate Provost William Greiner, the John Lord O'Brian Hall will soon be the site of the Amherst Campus' newest foodservice facility. The facilit\ is to be installed on the second floor and will occupy floor space adjacent to the two large windows as well as the space currently being utilized as locker rooms. The food service line which will be installed in the locker room opposite the elevator core will serve hot and cold food prepared in other food service facilities and brought to the law school. The other locker room will serve as additional seating. Those of you familiar with the master building plan will recall that in an attempt to alleviate the acute student lounge space shortage at O'Brian Hall the two locker rooms were criginalk planned to serve as lounges. Unfortunately, construc- tion delays necessitated the installation of the lockers in those areas at the last minute because of the general clutter in the basement. Those rooms will now be utilized as auxiliary lounge space and also serve as additional seating area for a cafeteria that is slated to be developed like a sidewalk cafe. In all Thanksgiving. Clinical Proposal Unveiled simulated law November 20,1973 Opinion 4 firm to the law from page I might include the right to name school dink, an operation which might incorporate the three cur- the simulated firms after students. rent clinks and merge them within a single office. The present clerkship program would also be continued, with students interested in independent clinical experiences or research invited to submit proposals to a Clearinghouse Committee which would match student proposals with placement opportunities and honor Genesis and Planning The IPPTP proposal, according to Rosenberg, is the result of input from several quarters. In recent years, many members of the fac vI ty, including Professors lames B. Atleson, Milton Kaplan, Associate Professor Lee E. Teitlebaum, and Messrs. Stephen M. faculty- supervisors. Marx, Norman S. Rosenberg, and Rosenberg proposes that six Paul I. Birzon, have requested that credits could be awarded for suc- the feasibility- of a clinical processful completion of the simula- gram in Buffalo be researched. tion part of the program and Their suggestions were taken to another six for the practice part. the Academic Policy and Program In addition, he asserts that "the Committee (APPC>, where Proprogram should afford an oppor- c ost Schwartz expressed his suptunity to experiment with an in- [ port of such a program, should novative incentive system," c one be developed and found involving the replacement of \ workable. In the summer -fall of grades with a "mastery principal" 1 1972, Provost Schwartz and Prof. in which the students would be V Kaplan taught a seminar entitled required to repeat the perfor- 'Perspectives on Law in Action," mance until adequate. Honors a ifter which the two circulated a ' " continued frompage I prise, however, when Treasurer Hugh Scott announced that a surplus of $20,845 had been discovered remaining from two previous SBA budgets, a discovery which permitted some greater ge'. nerosity this year. The Commit-1 tee's recommended budget ! exceeded this year's income and dipped into the surplusby about $2100, despite President Marty Miller's warning that the surplus be held intact to provide security I against a $6,000-plus vending claim SBA is expecting as a result of a discrepancy while at Eagle Street. Money remaining in the capital reserve after the claim and other bills are paid will be put in a contingency fund for the year. As reported to the SBA, the budget amounted to $22,132, representing a deficit of $2,132 with anticipated revenue from fee collections estimated at 520,000. Voting upon each organization budget individually, the SBA Directors approved, with little dissent ion, budgets for Opinion ($4,207.); Distinguished Visitors Forum ($2500); Moot Court ($625), Law Women ($710); and Environmental Law Society , ($475). The budget for SBA operations and committees, including for the first time an allocation to Sub Board I for services provided lawi students, ran into some opposition from several Directors who fell that the Sl5OO executive line j was a "slush fund" for the SBA I President. Despite the opposition, j the c ntire S 8710 budget was passed intact, including the $500 law student athletic teams needed to qualify for intramural competi- tion. The BALSA (Black American La* Student Association) budget, far which the Budget Committee ; had recommended $ 1130, caused con siderable controversy when several Directors moved to reinstate lines deleted for a textbook library and Minority Law Symposium. A successful amendment restored the $600 requested for the Symposium, a program designed to inform minority students of problems and promises facing them upon graduation, on the contingency that BALSA first make an effort to have the Placement Office support the Symposium's functions. As approved by the Directors, BALSA received a tout budget of 51730. Having voted upon 50% of the organization budgets submitted, SBA reserved the other half for action at the following week's meeting. of the seminar coupled with a simulation proposal. Seeing in the Faculty and seminar proposals the germ of a new clinical program, the Provost requested that interested faculty draft such a program, out of which effort the IPPTP resulted. Thus far, reports Rosenberg, the proposal has met with "generally favorable response" from the faculty, the support of the Provost, but little student interest, a development attributed to lack of ad\erti>emenL The Academic Polrc\ and Program Committee, presently reviewing the proposal in the light of faculty and student reaction, earlier gave the IPPTP j preliminary endorsement so that the school might apply for a summary Snell Addresses Environmentalists On Thursday, November 8, Fred Snell spoke before the Environmental Law Society on problems of energy consumption. Snell holds a PhD. in biophysics. Coming on the heels of President Nixon's address on the energy crisis, his remarks were particularly appropriate. Snell, who is currently researching the long-range implications of unabated energy consumption, gave the audience a basic course on energy consumption. Snell told members of the ELS and other interested students how much solar energy reaches the earth each day two calories per minute per square centimeter at the top of the atmosphere; the amount of energy currently stored in fossil fuels Coal: 4.8 x 10 22 calories; Oil: 4.2 x 1021 cal; and Gas: 4.0 x 1021 cal. These fuel reserves took 600,000,000 years to accumulate, and weren't used by man until 5,000 years ago. It is estimated that at current rates of consumption thesereserves will be exhausted very soon: natural gas within 15 years, oil in 40 years, and coal the "dirtiest" fuel to use in about 200 years. Snell recounted his research in the area of energy consumption and conservation. He is trying to formulate a model from which he can predict the long-term effects on the earth from increased energy consumption. There is now a real possibility that man will be — - — — energy from the fusion of atoms within 30 years. Fusion is the type of atomic reaction typified by the hydrogen bomb, and should be differentiated from a fission reaction, which is the basis for current "atomic" power sources. When a fusion reactor is developed, man may have a limitless source of energy. What worries Dr. Snell is the effect this increase in energy production and concomitant consumption will have on the planet. As more energy is used the earth's temperature will rise. Snell estimated that a one degree rise in temperature world-wide would cause the polar ice caps to melt, thus flooding our coastal lands. He thinks that once there is a limitless source of energy it will be imable to harness the possible to stem consumption. The only way to avoid this prob- lem, Snell said,is to learn now to reduce energy consumption. Energy Crisis by Richard Tobe Environmentalists have long maintained that cleaning up the environment is going to be very costly. To say that the dollar cost will be large is an understatement. We cannot have both guns and butter; we simply are not rich enough to have wood-panelled homes and virgin forests, large cars and clean air, abundant electricity and rolling hills free from the ravages of strip mining. Either our environment or our standard of living must suffer. In requesting that the Clean Air Act be suspended, President Nixon has indicated what he thinks is expendable. I hope most Americans will show their true concern for the environment by sacrificing to some extent our high standardof living in an effort to conserve energy. The use of car pools, lower speed limits, and colder buildings fundinggrant from the Council on Legal Education and Professional Responsibility (CLEPR). Funding, Rosenberg explained, is a major concern, as the full implementation of the IPPTP would require perhaps two "clinical fellows," two full-time secretaries to handle the paper flow, and FTE reorientation for faculty participation. - will mitigate the overuse of energy; however, it is foolish to believe that next summer we can all drive at sixty-five again. One doesn't plan for energy shortages by saying that we'll ration when we have to, yet the President has developed no long-range programs for conserving our energy sources, nor for requiring the development and implementation of environmental quality control equipment. Rather than suspending the Clean Air Act, the President could have urged industry to install state-ofthe-art machinery to enable them to safely burn soft coal and other "dirty" fuels. Instead he procrastinated, and now we must pay the price not in colder homes and less mobility, but in dirty air and the abrogation of our duty as living beings to improve, not degrade, the world in which we live. The air, land, and water will only be protected when we are willing to pay the price. — Abortion, from page 3 needles, coat hangers and toxic bleaches or cleaning fluids. Further, out of every 100,000 abortions done legally only three women die;yet out of the same number of illegal abortions, the approximated mortality rate is one hundred. Additionally, each year there are 80,000 to 160,000 deformed children born in the United States as well as at least 800 As the IPPTP remains in com- rape-induced pregnancies anually. mittee, its outlines remain tentaGiven these facts, and recognitive, and changes might yet be zing that criminal abortion laws made in the proposal a* faculty neither deter pregnancies nor the student input continues. The for- desperate attempts to terminate muljtors of the proposal emphathem, is it not clear that reinstasize that the Integrated model is ting restrictive abortion laws will only one among several being disonly serve to further death rates cussed. of women as well as their unborn? �November 20, 1973 Opinion Cafe in; Lockers Out continuedfrompage 1 The elevators, too, are a result of poor planning. The architects at first envisioned the centralization of school services on floors one through three. The book store was an afterthought, so it had to be placed on the seventh floor, substantially increasing elevator traffic. "The elevator simply couldn't carry the additional traffic that a fourth floor cafeteria would create." Despite some inconvenience, the second floor is really the most suitable space for the food service facility, Miller said. The space has the necessary water, electricity and ventilation to satisfy Health Department standards. The room directly opposite the elevators will be used for the food service lines. Prepared food will be brought in from off campus with both hot and cold foods being served. Hours will be subject to student demand. "The other locker room, the carpeted alcove space by the win- dow and the areas to be part of the walkway will all contain tables, thus more than doubling present student lounge space," said Miller. Mr. Miller admitted that the decision has met with mixed student reaction. The basic complaint has been that freshmen are the ones who will suffer by having basement lockers. Mr. Miller noted that many upperclasspersons also have metal lockers since only four hundred wooden lockers were installed, although one thousand had been the recommended figure. To alleviate some of theinconvenience for those having basement lockers, the elevators will make basement stops and Mr. Miller is attempting to bring the larger, coat-size lockers from the old Eagle Street Building and have them installed in the basement. Also, lockers will be placed three to four inches above the floor to protect them from basement 5 LSD Reps Vote Nixon Investigation SB A delegates to the 2nd Circuit conference of the ABA Law Student Division voted with otherlaw schools throughout New York and Connecticut to put the 2nd Circuit on record with a number of policy resolutions, including one petitioning the House ]in I m ,ny Committee to pursue an impeachment investigation of charges laid against President Nixon. Representing the student body at the 2nd Circuitconference held October 27 at St. John's Un iversity were Chris Greene, SBA Ist Vice-President, and Ray Bowie, SBA Director representing President Marty Miller. The 2nd Circuit is one of twelve geographical divisions of the ABA Law Student Division, and the October conference was an annual affair designed to bring law flooding. student leaders together to discuss common problems and exchange ideas. Resolutions passed by the 2nd Circuit conference are forwarded to the LSD national ATTENTION: The Distinguished Visitors Forum will sponsor a series meetings and thence to the Bar Association if of lectures on Mental Health and the Law, on November 29th, and American necessary. December 6th and 13th.Speakers will include Dr. Thomas Szasz, noted impeachmentinvestigation The psychiatrist. Alumni and interested lawyers as well as the school resolution, the most controversial population are cordially invited. of the conference, was introduced by Barr Potter, Columbia Law School delegate, who explained that Columbia wanted the assembly's formal support for a lobbying effort undertaken in Washington by his school and a number of others in the Northeast. The resolution, whose Buffalo's entry in the National Boston College team, which team Moot Court Competition failed will now participate in the No- "whereas" clauses alleged that the again this year to get past the vember 26 New York City com- President's actions with regard to opening round arguments, losing a petition to determine thenational Watergate "have weakened the close decision to a team from Suf- winner. Other schools participa- faith of the American public" and folk Law School which later ting in the Region I competition "may constitute impeachable reached the final round. were New England, University of offenses," met with stormy In the Regon I competition Maine, University of Connecticut, opposition from some St. John's held November 2 and 3 at Yale Albany, Syracuse, Cornell, and students who felt that the LSD delegates were not representative Law School, Tom Mullaney, Tim Yale. Toohey, and Tom Quinn represenThe regional rounds were the of their constituentsand that they competition first interscholastic were exceeding their authorityby arguing assigned Buffalo the in ted mooted problem involving ques- of the year for Buffalo's Moot taking a political stance. Buffalo delegates Greene and tions of housing rights and muni- Court Board, whose future plans cipal zoning for ecological rea- call for the entering of teams in Bowie based their support of the sons. With a brief written by Peter the upcoming Jessup, Niagara, and Columbia resolution on "student (asen, Mullaney and Toohey pre- Washington's new patent and sentiment as indicated by the SBA sented their arguments before a trademark competitions. The petition demanding an panel of judges drawn from the Board, chaired by Lance Mark, al- impeachment investigation," Junior Bar Association of Connec- so hopes to generate interest in a citing a petition circulated by the ticut in the opening round which Buffalo-sponsored tax competi- SBA after Cox's dismissal and retion tentatively scheduled for ar- turned with almost 200 signatures resulted in Suffolk's victory. in a few days. Suffolk finally bowed to the gument in March. The Buffalo delegates also noted that the Columbia resolution requested a House impeachment investigation rather Is your life lacking the glamour ing the various states forindividu- than outright impeachment, a and excitement that you deserve? al students, and then place the in- stronger step which they would Do you find yourself longing for formation on open file in the SBA not have supported in as much as palm trees, the mountains, the Pa- Office. it "was equivalent to indicting the This information is of benefit President without adequate prima cific, or Mexican food? Then certainly New York State is not the not only to third year students, fecie evidence." Investigation for Place for you to practice law. If but also to first and second year the purposes of possible you have been considering taking students. For example, students impeachmentwas, they said, more an out-of-state bar exam, then let interested in taking the California consistent with dueprocess. our Student Bar Ass'n Secretary, Bar Exam must register within After passing the impeachment Buffy Burke, help you get the in- their first three months of law investigation after heated debate, formation that you need in order school, or else be subjected to a the 2nd Circuit conference late filing fee. Of interest also is accepted another resolution, to be prepared. The National Bar Examiner, a that there is no US citizenship re- proposed by New York Law magazine which lists all state bar quirement or residency require- School, which put the Circuit in requirements, is available in the ment in California which partici- opposition to the use of SBA Office, the Placement Office, pates in the Multi-StateBar Exam. undercover police agents "posing If you wish to take advantage as students to encourags campus and the Library. It is free to all UB law students. However, all in- of this SBA service, contact Buffy drug sales and thereby entrap formation in the magazine is not Burke, who is also California's student violators," a reference to complete. If requested, Ms. Burke (Bay Area Review) Representa- the University of Texas where will obtain information concern- tive. Announcement ' such an incident recently occurred. Prior to the resolutions session, LSD President Howard Kane of Brooklyn Law School addressed the body and made several announcements regarding LSD activities: TheLSD will undertake suits against law firms which fail to meet fair hiring standards, with an eye towardpreventing guilty firms from interviewing. The LSD is trying to convince bar examiners that conviction for simple possession of drugs should not be a prohibition to bar admission. LSD wants to expand the 3rd year practice rule in New York State and may conduct a - - - lobbying effort to that end. LSD is pushing for law - student involvement in state bar associations. Federal funds for clinical education programs at law schools, authorizedunder Title 11 of the Higher Education Act, have been impounded, but the Law Enforcement Assistance Administration (LEAA) will fund clinical programs with application from law deans. The LSD National Board favors impeachment of the President, has called upon the ABA to demand resignation or impeachment, and wants to sponsor impeachment meetings at law schools throughout the nation. - Fisher: Gov't., Law & Manpower .^^_^__ Moot Court Loses 1stCompetition National Bar Examiner Harvard Prof. Frank Fisher at Visitors Forum by Gary Muldoon Frank Fisher, Director of Career Services and Off-Campus Learning at Harvard University, spoke at the law school on November 8 on the subject of manpower, government, and the relation of law school to these areas. He began his talk with some eyebrow-raising statistics on the labor market for educatedmanpower in the United States, figures which do not augur well for the college educated in the 19705. In thisdecade, he said, as many college graduates will enter the labor market as there were college graduates working in 1970. Of the 40 million entrants into the market, 10 million will have degrees, in contrast with the 1970 labor market where only one out of eight workers were graduates. The type of jobs these educated workers will have fall into three areas: one-third will replace other graduates at their jobs, one-third will take on jobs created by expansion of the economy and greater technology, and one-third will take on jobs at which college graduates did not work before. At the pre- sent time, he asserted, five million people work at jobs that are below the quality these workers could have expected five years ago, with the same credentials. This situation is unique in history, Fisher said; "no other society has ever been therebefore." The change in the job market for graduates, is surprising, and partially due to the change of governmental policy in the 1970's from the policy of the 60s. The biggest demands for educated manpower then were, in order of importance, for teaching the baby boom kids, space and technological development due to Sputnik, the Vietnam War, and the Kennedy-Johnson social programs. All of these programs have gone "pooosh," said Fisher, and in addition, greater numbers of women are entering the labor force. This surplus of educated talent could be used for solving the nation's unsolved social problems, said Fisher, except for one obstacle, "the attitude that Nixon's been playing on the 'let'shave-a-lower-tax' attitude." - continued on page 8 �November 20,1973 Opinion 6 An Interview With: The Reasonable Man and after watching all this they came to me, ME! "What would In the interest of bringing its you have done," they asked, the readers better and more sensatio- same question over and over anal news in American Jurispru- gain. As if I knew any more than dence (no mean feat), the Opinion they did! (Reasonable Man was has scooped all other papers in sobbing) bringing you, the reader, an exclu- 0: Sir, what was nni of your sive interview with the world- worst cases? famous ReasonableMan. R.M.: As I have said, torts were Rumors of the death of the pretty gory, but then they had to ReasonableMan were greatly exa- drag me into contracts, and I had ggerated, and after a careful to sit through that monstrosity of search he was found hiding in the a case, Hawkins v. McGee. Espedark recesses of the Amazon jun- cially when Hawkins went to testigle, seeking sanctuary from the fy ... that hand all hairy ... he cruel and unusual punishment ex- hadn't shaved that morning ... I acted by American justice. From wouldn't let a doctor touch me somewhere on the Amazon: fora weekafter that. The Reasonable Man slumps in O: Yes, sir, it must have been horhis chair, his body weary and his rible. When did you first notice eyes bloodshot. The Reasonable that the workload was getting heavy? Man is tired. R.M.: I suppose that it was when I Opinion: Sir, when were you first had to sit in on the criminal drafted into service by American courts in the big cities. jurisprudence? O: Yes, we have noticed your abReasonable Man: It really all be- sence in cities like New York and gan when that man was beating Los Angeles. those dogs was it Brown and R.M.: You haven't seen me, and Kendall. There have been so many you won't see me. You think any (Sighing) I remember the Reasonable Man 'would live in sweeter days of Weaver and Ward, New York? Reasonable Men get absolute liability. But then it all stepped on every day in New got ugly, especially torts Oh, York City. You see that guy athe pain and suffering I saw, the cross the river? anguish. People getting crushed, O: The fellow over there tending shot, poked, bashed, frightened, the garden? by Bill Ernsthalt Jury Sejection Experiment R.M.: Yes, that's the one. That's Enlightenment Man. He and I and by Kay Wigtil Today'sjury system has been attacked as being prejudiced in favor of the prosecution and onlyrepresenting a small sample of the community. The pitfalls of the present jury system have been the subject of many studies, which reveal that a combination of procedures blend to produce conservative, middle class, white middle-aged male jurors Renaissance Man, he lives down the River, were talking about the Real world just the other day and we all agreed that they don't realwho are not inclined to believe a person is innocent until proven ly need us back there. O: Sir, I am sure that is not true. guilty. To combat the inherent inequalities of the jury system, a groupof More than ever now we needyour sociologists has developed a system of jury selectionwhichhas proven services. of justice. R.M.: No, not me any more. If I to be effective towards balancing the scales Sociologist Jay Schulman, in an article called "Recipe For A went back, you know what they 39) describes the jury selecwould make me do? Watch porno Jury" (Psychology Today, May 1973, p. Conspiracy Trial {The Berrigan flicks all day, that's what! Over tion process used in the Harrisburg subsequently used for the Gainesville 8, case), and which has been and over. You think that's a life? raid trials. At the present time, the same That's why Earl Warren quit. Who Ellsberg, and Camden draft system is being applied to the selection of jurors by the defense team wants to get up in the morning for the Attica trials. knowing that Cool Leather and The goal of the process is to provide the attorney with demograHot Flesh is waiting for you at the phic information about the region from which the jurorswill be drawn office. I'll take the tse-tse fliesand so that he will have more than his intuition to rely on during the voir pirhanas. O: What do you see as the future dire. In the Attica cases, Schulman's system begins to compile this data of American Jurisprudence? by breaking down the population of Erie County by race, ethnic R.M.; Not much, unless Nixon resigns. Talk about un-Reasonable groups, sex, age, occupation, and education. The same is done for the list of registered voters who form the jury pool. Comparison of the Men. .. Well, sir, let me invite you to data from these surveys may result in a successful challenge to the O'Brian Hall when you are up in county's jury selection process. The next step is a telephone survey of a random sample of the Buffalo. That is the new home of jury pool to obtain specific information about their attitudes as they the BuffaloLaw School. may relate to the defendants in the Attica case. This is followed by R.M.: Yes, I read about that. Wasn't it constructed by the same face to face interviews with a smaller sample of the same group. The people who built the Treasury questions give the defense team knowledge of what media has the strongest influence on the community, their knowledge of the defenBuilding? Lot of talent there But I think that I'll take a rain dantsand the facts surrounding the case, and political attitudes as they check. I think that the time for would relate to the trial. Thisinformation is obtained through questions about trust in government, ages and activities of children, reliReasonable Men in America has gious attitudes and commitments, and spare time activities, among passed. others. From this information, the "best" and "worst" jurorsare defined according to the responses. For example, the ideal jurorin Erie County may be a Black Catholic woman with a college education.Each of the demographic characteristics is given a rating according to how favorATE, Association of Tennis now. Sign-up list is located in the spouses, and faculty members. At £ n thusiasts, is sponsoring two first floorstudent lounge. a date to be announced, the tennis able or unfavorable it will be. During the voir dire, the attorney will Winter Tennis programs for law An afternoon tennis program is evening will feature singles and ask the panel members questions which will reveal their demographic students, spouses, and faculty available for open time tennis play doubles tournaments, free playing background, and the prospective jurorwill be rated accordingly. any time Monday through Friday time, full use of BTC facilities, members. Once the selection process has narrowed the number of possible Beginning December 9th, between 12 noon and 3 p.m. at including sauna, bar, and lounge, jurors down to a workable size, the defense obtains as much informarunning until February 16, 1974, the BTC. A special rate of $3.00 and refreshments and general tion as possible about each individual. This is done through interviews will be a ten week session of per hour for singles or doubles is socializing. This event will be with neighbors, friends, employers, etc. This "community network," evening tennis. For $35.00, the the cost. open to tennis enthusiasts of all as Schulman calls it, can provide crucial information about whatkind program guarantees V/i hours of For information on the ATE levels and non-tennis enthusiasts. of juror the particular individual will be. tennis for ten weeks, including programs, call 882-2845 late full use of the facilities available evenings, and weekends, or leave a at the Buffalo Tennis Center, message for Pearl Tom on the where the program is located. Student Message Board. Program membership is limited to A "play-all-the-tennis-youa first-come basis. Membership want" evening is being planned in a iouim: did not have to make 3:00 during the time I work with by lan DeWaal applications are being accepted for all interested law students, up credit hours if they received an placement. Please note that the In the next two weeks a numH in the same semester. This is no Federal Summer jobs Bulletin is ber of things are going to move in longer the case. Any student who now available as is the National the Law School. First, the Finan- receives an F must make up the Bar Examiner. Please contact me The monthly faculty meeting held in room 210 on Wednesday, cialAid Office will be moving into credit hours to fulfill credit re- for copies. November 7, proved to be a long one in which some of the items Room 303. The office I am cur- quirements for graduation. * ** scheduled on the agenda were not reached. Discussion on the proposed rently in will become the AdmisFor those of you who are loo*** security system for O'Brian Hall was so long and heated that no vote sions Office (Room 309). Also,all Students who are planning to king ahead, it is almost time to was reached. The problem will hopefully be resolved at the next the official bulletin boards of the drop a course should do so as start applying for financial aid for meeting. school will be moved into the se- soon as possible. SARA, the com- next year. Applications will be Professor J. Hyman, chairman of the Long Range Planning cond floor cafeteria area. These puter registration system, has available from the Financial Aid Committee, delivered a report on long-range plans for the law school. include Placement, Financial Aid, been known to fail under the last Office in December. The appropri(Student members of the committee are Terry DiFilippo and Debbie Student Notices, and Registrar. minute swamp of drop-cards. In ate form must be filed with the Brodnick.) While the Committee is not yet ready with a complete Class Notices will remain on the order to assure the proper drop of College Scholarship Service by report, Hyman said, it has come to several tentativedecisions, "usually second floor. This move will hopea course, it is advisable to give February 1, 1974, and the appronot unanimous." Among them: the professional program should move fully ease communicationsby put- yourself as much lead time as pos- priate Form UB must be filed away development specific from the of centralsible to allow for the correction of with the University by March 1, subject ting and towards the all information a areas, m in development of introductory lecture courses in the second and third ized, highly utilized area. As far as foul-ups. On a related matter, if 1974. years, followed by more limited and intensive courses; and the the cafeteria is concerned, Food you haven't picked up your final ** * Al Katz is Associate Professor development of an experimental first year section shouldbe examined. Service has indicated that they class card yet, please do so. This is The Proposed Integrated Professional Practice Training Program, a will be operational either the the only way to make sure you currently under consideration for full Professor. A list of students previously distributed plan for implementing clinical studies at the law week before or the week after are properly registered. randomly selected from his past school, was discussed. After a straw poll to evaluate general faculty Thanksgiving. Spring vacation has � classes has been posted on the response, it was referred back to the APPC for further review been moved conform with the in to * accordance withusual procedure on such issues. rest of the University. Recess will I will be helping out with Student Notice bulletin board still The faculty endorsed Provost Schwartz* proposal that a full-time now be from March 18 through placement for the next couple of currently on the third floor. If placement officerbe hired, and endorsed the Provost's nominee for the March 23 instead of March 25 weeks, including the scheduling of you are listed, you are requested interviews. If you want an inter- to pick up evaluation forms'from new position. It is hoped that the new Placement Officer will be through March 30. view, please contact me in Room the Provost's office. Any other working before the Christmas Break. * * * Seniors in particular should be 303. I will have the placement students who would like to comFinally, the faculty reaffirmed the present grading system after longer the aware that there is no an books. In order to alleviate any in- ment on the proposed promotion some dispirited discussion marked by strong statements from student members to the point that the present system seems to work averaging rule in the school. In the convenience, I will be adding Fri- should write a letter to the Propast, students who received an F day office hours from 10:30 to motion and Tenure Committee. very well, and is endorsed by the student body. . . .. .. : . ATE Launches Tennis Program Turn of the Screw Faculty Meeting Notes - * �November 20,1973 Opinion PAD Chapter Activated LSD Summer Sojourn by John Levi by Skip Hunter The Carlos C. Alden Chapter of Phi Alpha Delta Law Fraternity, International is the only recognized professional fraternity at the SUNYAB School of Law. At present, it consists of 12 active members and is headed by justice James McLeod. PAD has 112 active chapters, more than any other law fraternity in the world. Almost 3,000 law students become members of PAD every year .without restriction by reason of race, color, creed or sex. The Chief Justice of the United States, Warren E. Burger, is a PAD member as is Mr. Justice William O. Douglas and retired Justices Charles Whittaker, Arthur Goldberg and Tom Clark. PAD is an international organization having chapters domiciled in Canada and Puerto Rico. It was the first law fraternity to develop a life insurance program designed to give its members maximum protection at lowest costs; the first to develop disability income insurance programs for its members; and the first to sponsor receptions for members attending theannual conventionof the ABA. PAD is the only law fraternity which sends its national quarterly publication to all members for life, at no charge, and sponsors and finances District meetings for its members. These meetings serve to encouragethe interchange of ideas and professional programs. PAD awards fifteen $500 scholarship grants each year to student members of the fraternity, and is presently engaged in a program to enlarge its Endowment Fund so that more funds may be made available for loans, scholarships, etc., to its members. It pays more convention expenses of active and alumni delegates to the National Biennial Conventionthan doesany otherlaw fraternity. PAD publishes a Directory every five yearswhich is distributed to alumni members in good standing free of charge, and it sustains more professional activities than doesany other law fraternity, with 100%of all initiation feesreturned for student member benefits. This year, PAD will conduct its international convention in Toronto, Ontario. In addition, PAD hopes to sponsor the following professional seminars: a panel discussion on the New York State Drug Law with representatives of the Erie County Bar and a member of the Erie County Sheriffs Department; a symposium on Pre-Paid Legal Services; a symposium on New York State's no-fault Insurance Law which begins in February, 1974; and- lectures by leading local and national members of PAD. Professor W. HowardMann is the faculty-ad visor to PAD. Applications for membership can be secured in room 10 (behind the Moot Courtroom). For further information, contact Jim McLeod at 837-0343. The Law Student Division of the American Bar Association held its annual meeting this summer from August sth to Bth in Washington, D. C. Marty Miller represented the Student Bar Association and student body as a member of the House of Delegates. I attended as an Editor of OPINION. Much of the business of the Law Student Division transacted in the course of the convention was formal and routine. Resolutions were offered and passed, by-laws were instituted and eliminated, and a new LSD President was elected. The election af a new President was the true focus of the Delegates' sojourn, with heavy campaigning and causussing the order of the day. The election was completed on the final day of the convention,when Howard Kane, a student from Brooklyn Law School, became the current LSD leader. The LSD also sponsored a variety of informative speakers and panel discussions, which proved much more interesting and valuable to the unpolitic than the Legislation Project Work Underway Buffalo Legislation Project has commenced to work on three new projects. Gerry Schultz, a second year student, is heading a team which will work towardsthe passage of a county ordinance prohibiting disposable bottlesand cans. Reformation of §447 of the New York State Election Law is the subject being pursued by another new research team led by third year student Timothy Toohey. A third team is working closely with theNew York State Eminent Domain Commission on various aspects of legislation being prepared for the coming legislative session. This team, led by third year student John Levi and including second year students Pam Hellman and Ray Stapell, recently visited the Commission's headquarters in Syracuse to coordinate their efforts with those of the Commission,and are being advised by James Magavern, Erie County Attorney and a former counsel for the Commission. Magavern is a part-time faculty member at Buffalo Law School. Projects previously commenced are progressing well, and some shouldbe completed before Christmas Break. Anyone interested in participating in projects already begun or new projectscommencing next semester shouldvisit the BLP office at room 505, or call extension 2)47 (636-2147 from outside O'Brian Hall). Law Wives News Bring a canned good to school on November 20 to donate to the Salvation Army. The Student Law Wives Association is holding a canned goods drive and will trade a delicious home-baked good for a can. "We are deeply interested in ways to help others, but try to choose means best suited for the busy law wife," explained Mrs. Michael Paskowitz, President. "We feel this canned goods drive is a itself easily, way in which the entire law community can give of effortlessly and yet meaningfully." charitable many is involved in The Student Law Wives Association as well as social projects. On their list of charitable endeavors can be found service to the West SenecaState School, and the Erie County Penitentiary Social Events include parties, informal coffee hours, family ice gatherings and events scheduled for children. On the well educational side are also mini-lectures given by law professors as as an in-depth look at most court proceedings. Any interested law wifeis welcome to join thjs organization. 7 work of the House of Delegates. Scheduled luncheon and dinner speakers included Professor Alexander Bickel of Yale, Ramsey Clark, and a former director of the prison system of North Carolina. Professor Bickel never made it, but the other two did, providing interesting meals for the mind. Former Attorney General Clark spoke of the challenges waiting for us to graduate.Citing the Warren Court as his exemplification of adherence to the American Ideal social responsibility, moral leadership, and republicanism, Clark noted the efforts of that era to improve the tot of oppressed people under the system, and enumerated those who now need to receive similardedication from lawyers: Eskimos, the retarded, Indians. Speaking in the swelter of Watergate Summer, Clark urged young lawyers not to abandon government service. Among the panel discussions offered by the LSD were sessions on the lawyer's role in the search for peace in Southeast Asia, racism in American law, and many others, too many for one to attend. Outstanding from the crowd was a discussion on freedom of the press, jack C.Landau, a reporter for the Newhouse Newspapers chain and a leader of the Reporters Committee for Freedom of the Press, moderated with the overwhelming responsibility to act responsibly, he questioned whether any power should be allowed to operate without conscious safeguards from within or without. Ruckeishaus refused to advocate governmental control; he limited his arguments to ques- Former A ttorney GeneralRamsey Clark tioning the press1 relative lack of Attorney General William accountability in the new role it Ruckelshaus; James Goodale, gen- plays as newsmaker. eral counsel for the New York Goodale responded directly to Times; and Richard Schmidt, Jr., Ruckelshaus' remarks, saying that general counsel for the American he believes the press is accountable only to Truth, and that is the standard by which it has been and must be judged.Mr. Schmidt then recounted the recent court decisions affecting the press; and the panel elucidated the issues being litigated in Caldwell and other decisions. While the LSD provided enough for one to do, the ABA, which concurrently held its annual convention, put on a horde of activities involving every area of the law. Remarks were made by prominent lawyers from Chief Justice Burger to Governor Carter of Georgia. Sessions were held to examine the difficult issues presently confronting lawyers in all phases of practice. One could not begin to do all ill*.' things available in the short time of the convention; and I was disappointed that the SBA could not send as many interested stuChief Justice Warren E. Burger dents as possible to participate in a wider range of activities than Society of Newspaper Editors. one person was able to do. The Ruckelshaus led off the debate opportunity to learn about any of citing Pentagon Papers the conby the myriad areas of legal practice troversy and other recent news as should not be passed up when it is evidenceof the growing power of offered; and although next year's the press as an independent actor convention is scheduled for Hono(contra commentator) in the new lulu, no student should miss a new politics. Charging the press closer chancewhen it is available. a panel consisting of then-Deputy -- From Left: jackLandau, William Ruckelshaus, Richard Schmidt, jr. �November 20, 1973 Opinion 8 Alumni Line by Earl Carrel Isn't it amazing how quiet things are now that the elections are over? Congratulations to our many alumni who were re-elected, elected, or somehow moved up in the recent ballotting. To those who were nominated, but not elected, we're sure you will have more success in the future. ** * As the North (or as it is now officially designated Amherst) Camdevelops, more buildings or parts of buildings are being named, and the Law School is certainly getting its share of the honors. Halloween Party: The first floor lounge clock nears the witching hour of4pmas students and faculty throng The Administration and Services Building, scheduled for completo celebrateboth the 31st of Octoberand the return of Prof.Ken Joyce to his teaching duties. Photo by tion in late 1975, will be named for George D. Crofts, a professor at Buffomante. the Law School from 1904 to 1925. ProfessorCrofts, whoalso served as Registrar and Secretary of the Law School during his tenure, was instrumental in the development of the library and in the reorganizationof the businessand financial structure of the school. The Faculty Library and the courtyard at O'Brian Hall have been Schools have And named result, not. to honor Philip Halpern, '23. Judge Halpern joined the faculty by Skip Hunter as a intoxicated spectators at Clark either the $10 per person fee must Hall gym. in 1925 and continued to teach until 1953. He served as Acting Dean The Shysters are no more, at be paid or all athletic facilities and In a contest marred by two from 1943-1946 and as Dean 1946-47. His election to the New York least as far as IM league football participation in the IM program at People starters disqualified on State Supreme Court in 1947 did not stop him from teaching and he for 1973 is UB are off limits fouls to us. competition and another for shoving even consented to serve another term as Acting Dean 1952-53 while on concerned. This powerful squad, The Student Bar Association Referee Steve Shapiro, the Lucky the bench. Only his appointment to the Appellate Division in 1953 often referred to as the O'Brian has not as yet decided whether to Stiffs moved out to a forced him to leave the faculty. Refugees, was ejected from the raise our student fees. This issue commanding 1-0 lead in the tough *�* 4:30 Independent leaguegrid-iron will come up for discussion in the independent division. Crucian S. Messina, '38, has been appointed Erie County Comcircuit by order of the SA/GSA. next several weeks. §A/GSA have Such a tournament-future team missioner of Jurors. Apparently, the reason was the approved a flat fee of $500 to as the "Stiffs" needed some help *** failure of team members to cough cover the law school's to win, and they got a large Samuel L. Green has been named to an interim appointment to up $10 each for an athletic fee participation in the program. measure of it from 10 personals Buffalo City Court. Judge Green will serve until the end of 1974. card which is good for the entire Thanks to the strong lobbying called againstthe People. academic year. But why must we efforts of Pearl Tom and Dick "We were hurt badly when our Kenneth A. Cohen has been appointed an Assistant United States now pay money for the use of Maigret, the necessary funds for center Glenn Lefebvre got into Attorney for the Western District of New York. recreation and intramural facilities this endeavor were allocated by such a foul fix all on low inside * * *for Judge John T.Curtin in U.S. Susan L. Bloom, '73, is clerking whereas in the past our student the Budget Committee of the calls," said "People" coach Dick fees covered this? In other words, SBA. But even though the Maigret. "He was ineffective on District Court in Buffalo. defense after that, and Hawkins why doesn't our student fee cover committee's decision is not final *** David A. Sands, '73, is clerking for the Appellate Division, Fourth the Athletic Program at Clark until voted on by the SBA, we took advantage of the smaller men anticipate no problems in getting who switched on him." Department in Rochester. Hall? Bill Monkarsh, the program this piece of legislation passed. Hawkins had lifted the Lucky **� director and coach of the varsity So even though the Shysters Stiffs from a 16-11 lead at Michael Sawickt, '73, is clerking for Judge Matthew J. Jasen, '39, baseball team, tells me that this did not fare too well in football halftime into an 8-point margin of theNew York Court of Appeals in Albany. when Reed Cosper, who led the year the mandatory student fees this season, the "People," our for undergrads and graduate Cinderella basketball team, are People to a second place berth in students were raised so as to cover riding out the storm, holding onto last year's overall standings, was the incidental costs of the the hope that the money will be ejected with 6:10 left in the program: groundskeepers, appropriated shortly. Thus far, secondhalf. equipment repair and supply, they have entailed no problems "Shapiro didn't see what payment of the referees, etc. The and look to 1973 to be a banner happened," said Cosper. "He professional schools were left to year. called me for pushing off when I decide whether they wanted to With their front-liners Carl was the one who was pushed." Unfortunately, Reed pushed allocate a certain percentage of Hawkins and Ed Jones racking the their pre-existing student fee boards and collecting 22 points the referee as he protested the schedule to the program or to between them, the Lucky Stiffs call. With his departure, the raise their fees to cover this cost. squeezed by the People in their People never got closer than three The Dental School has complied basketball game here on Monday points as the "Stiffs," in the last 5 by employing the latter method night, November sth, 36-32, minutes, built up their small whereas the Medical and Law before 30 screaming and visibly margin of victory. pus Will Sport Survive? Fisher continuedfrom page 5 Fisher supplied statistics show- ing the dramatic change in federal hiring in the Johnson years and "*■ the Nixon years. The surplus of educated people is apparent in the field of law, too. In 1970, there were 280,000 practicing lawyers in the United Mates, and 100,000 law students. He noted in an aside that even as the numbers of law students have increased greatly, the quality has also gone up. Boston U. law students today have higher aptitude scores than Harvard Law students had in 1967; and only 15% of the U. Chicago law students of ten yearsagocouldget in there today. Fisher expressed a hope that law schools will in the futurehave a greater diversity than they have now, expanding around the concept of law and acting as a law center. He gave a few examples, such as teachingparalegals, police, college undergraduates, and law school graduates. Fisher addressed himself to the question of why there are not more people in government, and what universities can do about it. He saw the solution as gettingtalent into government, rather than giving more training to people headed towards government. Fisher contrasted different types of graduate schools, and came up with the conclusion that law schools have an edge on public policy schools, business, and schoolsof political science in providing this talent for government. In law schools, analytical thinking and the ability to isolate issues are developed. Lawyers are used to meeting deadlines, he said, while scholars seem to be inclined toward the opposite view: the longer the time given to research, the closer one arrives to the truth. Businessmen, being engaged in the private sector of the economy, do not see the public interest side of issues, while lawyers are trained to see the other side of the question and are more able to appreciate the public interest side of problems. This indicates that lawyers are perhaps better suited for work in government than business school graduates and political scientists. On the debit side, Fisher felt that the legal profession had some drawbacks for work in government. The first drawback he called "care," asserting that lawyers are unable to delegate responsibilities, feeling themselves too personally responsible for their work. Lawyers are also deficient in economics, Fisher felt. But, on the whole, the legal profession, relative to other professions, has a favorable position for work in government in the 19705. by Gary Muldoon ACROSS - 1. For law students, after-school hurdle. o. Learn from printed matter. 9. Erie-Lackawanna's type ofroad. 10. Paper art. 12. Mr. Abel. 14. 23.8% of the students here. 15.Parasitic insects. 16.Economic Opportunity Act; abbr. 17. How Liston did.inPatterson. 18. Bills' group, abbr. judicata. 19 21. Sandwich. 23. The way | imi and Janis died. 26. Yiddish expression: var. 27. One's glove, thrown down. 29. The analysis of a precious ore. 31. Directs. 33. "Read The Problem," he said shortly. 34. Kind ofcourt. John, James,and campus figure. 37. Registered nurse, abbr. 38 facto. 35, ! DOWN 1. Superseded Plessy v. Ferguson, shortened 2. Air (comb. form). 3. Atlire; poetic. 4. " Night," longtime soaper. 5. Provide with weapons. 6. Normal the pig. 7.Oil and Grace. 11. Analogy. 13. A&P's idea. 20. MacDonald's refrain. 22. Aniseptic man. 24. Prosecutor or haircul; abbr. 25. Communist Hall. 28. British pokeys. 30. Canned meat. 32. Whal you help gel Charlie off of. 36. Spanish yes. � 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, 1973-11-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/20/1973 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 15:44:00 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/cc32fc617b48b3a90ddbe98f95454869.pdf 66ae0d8dc06cfec3c4b1cc8ce13324b1 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo, New York 14260 Volume 14, No. 4 State University of New York at Buffalo, School of Law Non-Profit Organization - U.S. Postage PAID Buffalo, New York Permit No. 708 December 13. 1973 Largest Desmond Competition Ever by Lance Mark This year's eighth annual Charles S. Desmond Moot Court Competition was held between November 27thand December Ist at John Lord O'Brian Hall. Thirtysix law students grouped into nineteen teams participated in a combined round robin and elimination form of argument, constituting the largest number ever to compete for Moot Court. The case dealt with the right of a church, known as the Churchof Spiritual Enlightenment, to legally use marijuana in its religious servi- ces in order to achieve communion with its god figure, the Lord O'Brian. The central issues involved the constitutional freedoms of exercise of religion under theFirst Amendment and equalprotection under the Fourteenth Amend- the board, this was an introduction to things to come. cy to Finalists and Awards Upon completion of the evenings of round robin competition, the five highest scoring teams on to the semi-finals. This year's semi-finalists were Donald Bergevin, RobertBrennan, Patrick Gaura, Carl Goldfield, Eileen Greenbaum, DennisKitchen, Tom Lochner, and Linda Tadsen. From these, the two highest scoring teams of Bergevin-Brennan and Carl Goldfield advanced to the final round on Saturday, December Ist, in which they appeared before Judge CharlesS. Desmond, retired Chief judge of the New York Court of Appeals; Hon. Matthew ). Jasen, Associate Judge of went Competition Finalists: Brennanand Bergevin Runner-up: Goldfield ment. TheProblem The equal protection argument was based on an earlier Arizona case, in which^. members of the Native American Church, all of whom are Indian, were granted an exemption by the federal government to eat peyote as part of their religious practice, without fear of criminal prosecution. Kay Latona, Marty Miller, and Timothy Toohey, members of the Moot Court Board, created the factual problem and designed it in such a way that there was a conflict between the U.S. circuit courts, thereby necessitating review by the Supreme Court of the United States by writ of certiorari in order to resolve the split in decisions. Competitors were given approximately one month to research and prepare a brief for either the petitioning government or the respondent church. Each team was free to choose the side that they wanted to brief. RoundRobin Under the round robin method of competition, each team had to argue their case at least once each night for three successive evenings. On the second night of the competition, each team was required to switch and argue the opposite side from that which it had briefed. In this way, participants were put to the test of seeing how conversant they were with the case as a whole. Knowing both sides of any case is important, both at the trial and appellate levels, in order for a lawyer to be properly prepared, and it was primarily for this reason that the reversal was required. In addition, when board members compete in the various regional and national Moot Court events, they too are made to switch sides in an argument. Often therules of the particular competition require that a team brief, as well as argue, both sides of the controversy. So, for those participants who will ultimately be selected for Candida- L«vi by Best Brief: Slonim and Howard the New York Court of Appeals; Hon. John S. Marsh, of the Appellate Division-Fourth Department; and Professor Kenneth Joyce of the U.B.Law School. The winning team members in by Ray Bowie this year's Desmond Competition were Donald Bergevin and Robert Having seen only an empty Brennan, two second-year students. Carl Goldfield, a junior room undergoing electrical wiring who competed by himself, was the Friday previous, students the runner-up. An award for Best were, in the words of Food SerOralist was given to Raymond vice Manager Al Taylor, "really Bowie, a first-year law student, surprised" to find a fully-operatioand awards for Best Brief were nal snack bar awaiting them the presented to Bert Slonim and J. morning of Monday, December 3. Carlton Howard, Jr. The reality of the long-awaited All winners were selected on O'Brian cafeteria was, however, the basis of the highest average confirmed two days later with the number of points given for the Grand Opening of the facility herbrlefs and/or oral arguments. alded by five cent coffee. Scoring of the appellate arguAccording to Mr. Taylor, who ments was done by members of manages all Food Services operatthe local bar, judiciary, and facul- ions on the North Campus, the ty who served as judges in the opening of the snack bar in the competition rounds. The briefs, former 2nd floor locker rooms which were weighted at one-third was the product of several months of the overall score, were graded planning after the Health Departby a five-man committee of the ment rejected Food Service's original proposal for a basement Moot Court Board. The Desmond Competition, rathskeller. "The Health Departwhich was open to all first and ment suggested a plusher dining second year law students, was hall," he said, "but this was too concluded by a cocktail hour and expensive, and no permanent buffet dinner on the fourth floor changes can be made in the buildof the Law School, where the ing for one year." Since the 4th victors celebrated and everyone floor was ruled out due to the indrank to the fact that the whole adequacy of the elevators, Food ordeal was finally over. Selection Service drew up plans for the 2nd of candidates to the Moot Court floor, the locker rooms being the Board will be made this week, and only alternative. those participants chosen will be Food Service chose the smaller notified by letter. of the two rooms, Mr. Taylor sta- BestOralistlßowie^TirnTooheypr^^ Snack Bar Opens; MobbedFirst Day - Phot* led, as it was more efficient given during busy hours and late afterthe number of employees avail- noons. able to staff the facility, while the Food Service operates the larger room was reserved for scalsnack bar by bringing hot food ing. from the Governor's Residence Over the past two weeks, cam- Halls, where the food is prepared pus maintenance has installed a and then delivered in heated consink, running water, electric out- tainers to the snack bar, which lets, and lighting, and despite the then places it in the hot cabinet priority maintenance workers had prior to serving.Pastry is supplied to give the construction of bus by the Campus Bakery located in shelters, preparatory work on the Harriman Hall on the Main Camsnack bar was completed on time. pus, where incidentally Mr. Taylor Before Food Service could move says students can purchase donuts wholesale. Only preservables are in its equipment, however, mainkept in the refrigerator overnight. tenance had to install a "security Food Service has, Taylor gate" at the entrance to the room, added, set no budget for the snack but once thai was done on November 30, Food Service was free bar operation but plans, after 30 to move in on Saturday to prepare days, to evaluate the hours and menu to determine budgeting. for the Monday opening. Commenting on patronage durEquipmentbrought in by Food Service, said Mr. Taylor, included ing the first few days of operaa refrigeration unit, a hot cabinet tion, the Food Service Manager for warmingpre-heated foods, hot cites the hours of 8 to 10 am, tables for serving, coffee machines when the demand is chiefly for donated by vending, and of pastry and coffee, and the hours course, the cash register. Tables from 10:30 to 1:30, when lunch and chairs came from Tower Hall is the order, as the busiest of the on the Main Campus when it was day. From 3 to 5 pm, on the other hand, business has been closed as a dorm. The staff, twowomen whohad "very slow." Overall, Mr. Taylor feels that previously worked on Main Campus, are veteran Food Service the facility has "been received employees, both with over six quite well by faculty, staff, and years experience. Two part-time students," although he admitted continued on page 4 students have been hired to assist �December Opinion 2 Editorials Candid Cameras While negotiations for the installation of an extensive television security system in O'Brian Hall seem currently in a state of timbo, it is understood that campus security will eventually be invited to discuss the matter with the Faculty before any action is taken. As was the case last week with President Ketter's hushed visit to the Law School, no plans, as far as we know, exist for wider student consultation on this highly controversial issue. Yet, if all that talk about we at O'Brian being an academic community is to have any credence, the student body cannot be frozen out of these discussions, for surely, it will be students who will be most affected by this pervasive surveillance system. SBA has taken a stance in opposition to the measure at this time and this, we understand, has been communicated to the Faculty. But if campus security is planning to make further presentations of security measures, it is suggested that, in addition to the Faculty, such presentations be made before the SBA or before an open meeting of the student body. Otherwise, students in O'Brian Hall will feel themselves strangers in a world they never made. Key to Progress? Tis a pity that the SBA Board of Directors, what with a new grading system, mandatory health insurance, and LSAT thumb-printing crowding their agenda, saw fit last week to devote such an inordinate amount of time to debating whether to issue themselves keys to the inner SBA office. Some directors seem to feel that the individual acquisi- 13, 1973 President's Corner by Marty Miller Following considerable analysis following resolution: and discussion the Board of Directors of the Student Bar Association has approved the final budget for the 1973-74 academic year. Student organizations should by now have received copies of their approvedbudgets accompanied by an explanation as to the methods of obtaining funds from the SBA. The procedures established by the Treasurerare designed to simplify the application for fundsand the requests to pay outstanding bills. The program has been used experimentally since the beginning of this term and has met with considerable success. We anticipate that success to continue. Surprisingly few students have so farcommented upon the installation of closed circuit television surveillance equipment in O'Brian Hall. This item appeared upon the agenda of the SBA meeting of November 16, 1973, at which your representatives passed the TO: FROM: RE: "Whereas, electronic monitoring or surveillance should be the last resort in security measures and utilized only where no other measures suffice; Whereas, there is no evidence of a security problem sufficient to warrant electronic surveillance measures in O'Brian Hall; Whereas, the proposed television monitoring system is extravagant in expense, omnipresent in terms of its patterns of coverage, and open to easyabuse; And, Whereas, the installation of such a system would have a "chilling effect" on social and academic interactions, therebyposing a potential invasionof privacy; BE IT RESOLVED, that the Student Bar Association strongly oppose the installation of television or other electronic surveillance devices in areas of O'Brian Hall other than Library exits; AND BE IT FURTHER RES- All Faculty, Students and Staff R.D.Schwartz Professor Thomas Rickert All investigations regarding the whereaboutsof Professor Rickert have thus far yielded no results. We know only that he has disappeared, abandoning his car at Niagara Falls. It is hoped that he is still alive, but that is uncertain. Many of us feel the need to express our deep distress at his disappearance. We have not yet decided on an appropriate way of doing so. Suggestions arc most welcome and shouldbe directed to Dp.in Miirjoric Mix or Provost Schwartz. tion of keys to an office to which they have never needed access in their capacity as directors is a symbolic equalization with the executive officers, who have keys to thai office simply because they have frequent and legitimate need for the confidential records, irreplaceable minutes, and valuable To the Editor: equipment stored in the inner office.As a recent graduate of U.B. It would seem that SBA might be better served if the Law School, think my recent directors eschewed symbolic crusades in favor of concrete experience mayI be of some inteand substantive actions for the benefit of theirconstituents. rest. 1ran as an Independent candidate for Dunkirk City Attorney in this past November election. As such, I was perceived as being less than desirable by the local DemoAssociate Provost William Grcincr is to be congratulat- cratic machine. They had the only ed for his work on revising the present grading system, which other candidate for that office, a culminated in the adoption last week of a revised grading 7V< to I registration differential system by the faculty. Greiner has managed to devise a over the Republicans here, and I system which meets the needs and expectations of a faculty am a registered Democrat. Through their efforts the which would rather see pass/fail or a return to number gradBoard of Elections rejected my Ining, depending on who you talk to. The new system is descridependent nominating petition bed on page 6. which contained almost twice the Now it is the students' turn to register their support or necessary number of signatures. opposition. The new scheme was designed taking into I decided to appeal what I account past student referenda and other evidence of stuthought to be an unjust decision dent views; now we can react to it. Opinion has reserved to the State Supreme Court. I box No. 74 on the third floor so that students can register argued there against the County their opinions; a form is provided below for simplicity. The Attorney and the City Attorney mailbox is taped open, so that you can put your response in and I won. No sooner had my elation subfrom the front. We urge all students to make themselves heard, so that the faculty can have an accurate gauge of our sided thanI was informed that an appeal was being taken to the Apfeelings. pellate Division, ft seems that I missed being able to argue at the opening day of the Moot Court First year The HD should: □ Room by only one week. The apD Second year □ be kept peal was heard on October 1 5th. Third year be removed D D I was again victorious at the doesn't matter G Appellate Division. However, the The Q+ is: day I received notification that I r I The new grading system should a good idea was affirmed in the A.D. I also a bad idea a be applied to my class: received notice that an appeal was doesn't matter □ this semester O being taken to the Court of Apretroactively n peals. And that the argument not at all D wouldbe heard in I/i days! Needless to say, that period of COMMENTS time was hectic. After preparing all night on October 18th, I packed my bags, jumped into my car, and headed for the airport in Please deposit this slip in box No. 74 on the third floor. Buffalo to catch a plane to Alba- OLVED, that the Student Bar Association bring its opposition to the attention of the faculty, and administration and request that all planning along those lines be dropped." Once again I implore students who have any comments in regard to this concept to contact me by Christmas vacation. Kindly limit your thoughts to no more than three typewritten pages. . A few observations on the times. I have discussed the possibilities of the Placement Office sponsoring a number of symposiums regarding employment opportun- ities for all students. Ms. Hollander has indicated a willingness to assist in the development and sponsorship of such programs. If you have any suggestions I urge you to try and formulate a written proposal and submit it to either Ms. Hollander, or a student member of the Placement Committee. Out of the clear blue (sic) sky it seems that FSA has fulfilled a quasi-campaign promise. The opening of the new Food Service facility on the second floor featured, of all things, nickel coffee. The addition of FSA Food Service to O'Brian Hall is a welcome change from past alternatives. Hopefully even with the growth of the campus and the development of other food service facilit- continued on page 4 Letter to the Editor Reaction Invited ny. On the Thruway the left rear wheel bearing of my trustworthy vehicle disintegrated, causing the rear axle to slide from its lodgings. This is turn precipitated the destruction of my left rear tire and most of the mechanisms associated with the rear underportion of my car. Not to be melodramatic,but it was pouring rain and even though I monetarily enticed a Thruway employee to drive me the rest of the way, I arrived just in time to watch my plane take off. My wait foranother flight was not enhanced by reading a copy of my opponent's brief. It seems that he had inadvertently (?) given me ten cover sheets and an appendix, all neatly stapled together. Upon arriving at the Court of Appeals, a building somewhatresembling Tara, I picked up a copy of my opponent's brief and discovered that the counsel against whom I would be arguing was a highly experienced appellate practitioner who possessed an LLM. degree. The argument room itself, where Cardozo sat, is certainly one which does not elevate the egos of those who argue there. Immediately following my argument before the inquisitive panel I retreated to a dimly lit bar and attempted to soothe my psyche. I again won in the Court of continued on page 4 . Editor-in-Chief: John Levi Managing Editor: Ray Bowie Photography Editor: Chris Belling Alumni Editor: Earl F. Carrel Opinion ■ Articles Editor: Skip Hunter Features Editor: Kay Wlgtil Sports Editor: Skip Hunter, M.C. Staff: Frank Buffomante, Cheryl Pestell, lan De Waal, Gary Muldoon, Karen O'Connor, Dave Stever, Rich Tobe, Peggy Belling, Lance Mark, Terry Centner OPINION is published every third week, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B Amherst Campus, Buffalo, New York 14260. The views ex- in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class pressed postageentered at Buffalo, New York. OPINION Is funded by SBA from Student Law Fees. PI —!| r Ij II -y- -. I I |fl The SBA's stationery has taken on a new look, with this distinguished logoreplacing the stodgy look of old. Let's hope this isn't just another pretty face,but that there's some intelligence un- �December 13, 1973 Opinion the G1DRY Dagger in the Heart by Ray Bowie The shifting sands of Watergate are tread only with peril these days by even the most venturesome of columnists, for even the politically prescient of their number have been disappearing in disrepute beneath a muck whose bottom recedes furtherwith the bursting of each "definitive" presidential pronouncement. Where political columnists have found the Watergate muck a hazard to their profession, however, others, more intent to engage in politics than to comment thereupon, have found in the muck a weapon to advance theirs: the destruction of Richard M. Nixon. While the same elements, well represented at this institution, will-indubitably interpret this column as a defense of the Nixon Administration and attendant "horrors" rather than as the defense of due process it purports to be, their interpretation is foreseen as inevitable and hence will give rise to little chagrin. To be sure, the actions and statements of Mr. Nixon and his spokesmen make separation of the issues a difficult chore at best, one apparently too difficult to undertake for the increasingly substantial minority revealed to favor the President's impeachmentand conviction in recent public opinion surveys. But to extricate due process from the Watergate morass and reaffirm its integrity,particularly in the face of concerted efforts to achieve political advantage from the present confusion, is a duty incumbent upon all who wouldbolster a Constitution reeling under the depredations of Watergatersand critics alike. In a Nutshell Due process, indeed, is the heart of our jurisprudential system, and it is not too strong to say that the Constitution prospers or falters according to the degree to which due process is respected. "Due process of law in each particular case," wrote Cooley on Constitutional Limitations, "means such an exercise of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe." The Constitution in a nutshell. The maxims of law to which Cooley refers generally affirm that where any question of fact or liability is conclusively presumed against the party affected, that party has not been accorded due process, and yet this is the situation into which the burgeoning impeachment movement wouldwish to place President Nixon. TheEnemies List Strikes Back Nationally, that movement includes long-time Nixon foes such as the American Civil Liberties Union, the AFLCIO, the National Lawyers Guild,and the National Education Association, along with an assortment of Democratic politicians and newspaper editors, all of whom would happily have had Nixon impeached in Januaryof 1969 had a credible pretext been available. Locally, the AFL unions have harkened to Meany's bark by rigging up their political action machine for an impeachmentcampaign, Chevy dealer Dan Creed has contributed his predictably tasteless advertising to the crusade, the ACLU has declared Nixon outside the pale of civil liberties, and Joe Crangle is being, well, Joe Crangle. Impeachment, as even proponents of it admit, is indeed a momentous undertaking. In the history of the Constitutional provision, there have been only five, involving three U.S. District Court judges, a member of the old Grant cabinet, and, of course, Pres. Andrew Johnson, of whom only the judges were convicted in cases involving drunkenness and disloyalty. That provision (Article II Section 4} stipulates "Treason, Bribery, or other high Crimes and Misdemeanors" as impeachable offenses,, though the many treasons in English law were reduced in this country to two, waging war against the U.S. or adhering to its enemies. The controversy has always centered about the latter offenses, the high crimes and misdemeanors. The offenses were added,it has been speculated, when the Constitutional Convention'took note of contemporary impeachment proceedings brought by the House of Commons against the British Governor of Bengal for "high crimes and misdemeanors" involving the, confiscation of, property and suspension of civil liberties. More recent interpretationof these vague phrases, including, that'given much publicity when admitted by a disillusioned.Gerald £ord, is that impeachable offenses are.whatever a majority of the House says they are. Evidence?. .Don't Confuse Me! Be that as it may, an impeachment is equivalent to an indictment in an ordinary criminal proceeding and, as such, must, entail the same due process safeguards to the party affected, including the requirement of sufficient prima facie evidence to support an indictment against that party. Extending the usual presumption of innocence, the question, of .course, is whether sufficient legal evidence exists to implicate the President pe,rsonally'rn.'an indictable I; ■"■"' matter. ;■■ ■. •' . 3 .' ~ '"" Legal evidence, in this sense, must be of such a character as to prove a point substantially rather than to merely raise suspicion or conjecture, something Mr. Nixon has succeeded in doing well on his own. In the events surrounding Watergate, however, only one witness, John Dean, has pen sonally implicated the President, and his evidence is basically a supposition based on an interpretation of a brief remark Nixon made to him last September. Other "evidence" has thus farbeen advanced by the impeachment movement for the solepurpose of discrediting the President to the point where neither the public nor his potential Congressional jurors will consider him worthy of belief, a result which has obtained due largely to Nixon's own secrecy and deceptionplaying into their hands. Regardless of Nixon's part in the destruction of his own credibility, however, the type of evidence used to discredit a witness, evidencehere present in abundance, is simply not the substantive prima facie evidence required to support allegations in an indictment proceeding, nor can it even serve as circumstantial evidence which might imply the President's involvement, despite contentions that he must have been involved because he "should" have been involved. The Hanging Judges In lieu of substantive evidence, the impeachment movement has, as indicated by a recent ACLU meeting in Buffalo, resorted to a series of makeshift offenses, most of them ad hoc and ex post facto so as to create grounds and allow evidence to convict Nixon, that arch-fiend to whom reasonable doubt cannot apply. And whenever makeshift offenses need to be manufactured to cruirgc or convict a party, it is clear that the manufacturers of such offenses are motivated notby respect for due process, but by either personal or ideological opposition to the target of their actions. Such, of course, is true of the elements allied in the impeachment movement. Many of these elements have opposed Mr. Nixon since the early 50's, and, since 1969, most have accepted his impeachment as necessary and spent much of their time formulating "offenses" to warrant it, regardless of the damage to due process. Their situation would seem analogous to that of the prosecutors of Sir Thomas More, who tell More that they would level every law in England to pursue the Devil but are nonplussed by More's inquiry as to how they would then defend themselves should the Devil assume pursuit. Proclaimed civil libertarians all, the impcachers might well ask themselves how, with due process warped beyond recognition, they would defend civil liberties from future infringement, perhaps by the same Nixon whose "special circumstances" supposedly now warrani Ihc warping. Defense of due process is in no sense an exoneration of Ihc Nixon Administration and the impeachers must be wary of making the equation, for if that Administration goes down, it musl not lake due process with it. Serious charges have indeed been laid against the President, and Congress cannot shrink from fully investigating and, if necessary, fully prosecuting any of them. But while Watergate and attendant events have severely battered the body of ihc Constitution, the impeachmentmovement, in ignoring due process, has aimed a dagger at its very heart and, with every convert, moved it closer. AmericIan njustice by the Buffalo Chapter of the National Lawyers Guild demands for those human and civil rights that have long I The following is an open leiier from a group of prisoners been denied to people held under the iron heel of the from Walpole, Massachusetts' maximum security prison: system, whether we be in ghettos or reservations, in sweat shops or mindless schools, or in prison. We call on all prisoners lo join in a nationwide prisonThree million dollars and all the fantastic resources of the slate of New York have been geared to convict the 60 ers boycott ofthe traditional Christmas dinner. We prisoners are expected to pause at xmas-time with defendants to justify the state's barbarity. They have been Middle America: to cat and be merry and feel thankful. indiclcd on 1300 separate counts, calling for thousands of But all across America, hidden behind the myths and the years, plus the death penalty. Their lawyers are all volundollar signs and fancy tinsel, there is hunger of body and teering services, as are many people, but the defense exspirit. The system-enforcers are everywhere; repressing penses will cost over $500,000. people, violating the Bill of Rights, protecting and enforcAnd so we call on people everywhere to join in soliing the priorities and lifestyles of the profit-makers. Forty darity with the Attica Brothers. We ask our people who are million people live in poverty. Millions more can barely not in prison to buy one less xmas gift for each other: and to donate the price of that gift to the ATTICA BROmake ends meet. There is massive inflation, unemployment, broken-down neighborhoods, outrageous price-tags THERS DEFENSE FUND, c/o the NATIONAL on everything from the basic necessities of life lo civil LAWYERS GUILD, 23 CORNELIA STREET, N.Y., N.Y. rights. And for the millions of ThirdWorld and poor white 10014. people, the injustices of poverty, institutionalized racism, From the WALPOLE CHAPTER inequality of opportunity, exploitation and oppression, is NATIONAL PRISONERS REFORM ASSOCIATION PRISONERS AGAINST POVERTY, RACISM AND WAR what life is all about. We prisoners know this. These injustices are whatprison is all about. Attica is to the prison system what the American polThe Buffalo Chapter of the National Lawyers Guild is ice-court-prison business is to capitalism. Attica is the helping to organize this fast We urge you all to give up a reverse side of the American dollar. Attica is poverty is small part of your Christmas and shareit, in the form of a inequality is injustice isracism. Attica is My Lai is ITT is donation, with the Atlica Brothers. Wewill have a table on Watergate is abuse of power is Behavior Modification. the second floor outside of the library from 10 to 2 on Attica was no mistake. The machine-gun butchery carried Tuesday, Wednesday, and Thursday, December 18th to 20th. We will be there to collect your contributions and to out by the self-righteous mercenaries is officially sanctioned. Nixon, Rockefeller, Oswald, those in power, clearly rap to youaboutthis and <>ih<;r Guild projects. understood the effect that widely publicized negotiated settlement at Attica would have on other contained II ghettos. Attica is Law & Order is Status Quo ts every On Monday, the 26th of November, Martin Sostre was prison is every ghello"Ts Attica. There will be no pause for again brutally beaten deep inside the walls of Clinton Prixmas inside Attica. Many of us have always refused lo take any holiday son. This time there were sixteen guards in the goon squad dinners as a silent personal protest. Let them keep their to force Martin to submit to the inhuman rectal examinaturkeys and stuffing, even though it is the only decent tion. Seeing all these goons and fully knowing the consequences, Martin once again refused to submit to this demeal most of us wouldhave all year, WE NOW CALL ON ALL PRISONERS TO JOIN IN humanizing and degradingpolicy of the Rockefeller prison A BOYCOTT OF XMAS DINNER. We will not mourn the administration. Martin was being taken to court in Pittsdead nor sing praises lo the survivors. Too many of us are burgh by "mistake" because an assistant District Attorney still dying, thousands of us arc buried alive. We refuse to placed another prisoner's letter (requesting to be brought take the xmas meal as a gesture of solidarity with the 60 to court for assignment of counsel) in Martin's file. They are no longer content to beat him on his regular court Attica Brothers who are taking the weight. We are protestappearances, now they make up excuses to get him. ing everything Attica represents. Two years ago, after months of being lied to, harrass11l ed, ignored in trying to negotiate their grievances, 1200 On Thanksgiving morning, one ofthe Attica Brothers, men risked whatever they had and revolted. That New York Ikt Of 28 grievances has been echoed for many years Otis McGaughy, was severely burned in his cell in Auburn all over the country, in every prison and city uprising from Prison due to improper actions and incompetence of the Walpole and Wounded Knee to San Quentin and Newark. guards. Sixteen of the indicted Attica Brothers are being They were the same demands shouted for in the Tombs, in illegally held in the solitary confinement section (euphemAlderson and Leavenworth, in Baltimore and McAlister, in istically referred to by Rockefeller's prison administration continued on page 4 Rhode Island'and'Georgia, in New Hampshire and Illinois as the Special Housing Unit). — - - �December 13, Opinion 1973 4 President's Corner continued from page 2 ics, FSA will continue to provide ih is needed service to the law school community. With the advent of dining tables and chairs (unlike the fourth floor), sprawling on the corridor by the elevators on fourshould become a way of the past. In order that we maintain the newness of the building it is necessary that we all cooperate to keep the building clean, and coffee and other goodies on the fourth floor carpet should no longer be tolerated. Parking, I suggest that all individuals visiting Amherst Campus obey the campus parking regulations. The Campus Patrol will be issuing Town of Amherst tickets in the lots, on the roadways, etc. It is necessary that you obey those regulations for the convenience and safety of all persons on Campus. American Injustice continuedfrom page 3 At about 9 in the morning a fire of mysterious origin broke out in Otis' cell. The average cell In a solitary unit is about 5 feet by 7 feet with 3 solid walls and a barred front wall. Otis tried to put the fire out himself but was unsuccessful and he screamed for help. Instead of letling him out of the cell and then putting the fire out, the guards did it the other way around. They showed their racist and inhuman opinion of prisoners by leaving him inside of the cell to burn while they tried to put out the fire. At first they tried to use one but it was too short, so they had to run for another and hook it up and then deal with the fire. Meanwhile, Otis was forced to slay inside of the cell for 15 minutes and roast. This is the third fire in S.H.U. since December, 1972. What kind of people keep other people in cages and don't even have Ihe proper facilities Ie prevent them from burning alive inside their cages! What kind of society calls for this kind of treatment in the name of rehabilitation! When he finally was let out, he was locked in another cell for another 10 minutes before he was taken to the inadequate prison hospital. The Names never touched Otis but the heat was so intense thathe has third degree burns over 40% of his body. One of his cars is almost totally destroyed. Otis is a very gifted and creative artist and he may never paint again because of the severe burns to his hands. When will Rocky's thirst he salisfied? How many more people must he beaten, shut or maimed before we demand a change to such racist, inhuman practices? Letter to the Editor before the Supreme Court, I had been admitted lv practice 5 d.iys ■md a( the Courl of Appeals for cast only 36 days! The Clerk at Lhc of 5000 was told that out I my loss al the polls was in large Court of Appeals thought lhai part due to my being lied up in such an occurrence was al least the courts until only two weeks "unusual." I intend lv write Guinbefore lhc election, and the incon- css tv see If I might have a record spicuous position I was given on of some sorl. Presently I am an Assistant the ballot (Line F, Row 16). I even had a hard lime finding my Public Defenderand lhc Student's Attorney .it SUNY Frcdonia. I name on the ballot. These lawsuits are, I think, of also have a private law practice In some interest in thai I prepared Dunkirk. Sincerely, and appeared pro se in each courl. At the time of my appearance David M. Civilcllc continued from page 2 Appeals, but I lost the election. The plurality was about 240 voles —Belling Snack Bar Opens; Mobbed teen cups the first day, he added that he had "never seen so many tontinued from page I competition from the secretarial coffee machines placed strategically throughout the building. "Hot food is selling well and salads arc going over well with the girls," he continued, "but coffee and pastries arc the best sellers." Citing one student who had at least fif- set up just outside the snack bar for coffee and pastries, thus obviastudents drink so much coffee" ting the line. before coming to the law school. Mr. Taylor announced that Future Food Service plans in- Food Service is searching for a clude retaining the 4th floor ven- name for the facility and is open ding machines for fast services, for nominations. Moreover, he inthe possibility of soda and cigar- vited "any constructive suggestette machines in the seating room, ions and ideas" for the operation and the suggestion that a table be of the snack bar. Environmental Notes by On Thursday, November 6, 1973, Miiyor Stanley Makowski announced the' creation of The Buff.ilo Green Fund. The Green Fund was created through the coopcr.iiivc efforts of Ihe City of Buffalo, Ihc Junior League of Buffalo, and the Environmental Clearing House Organization. Rich Tobe project. Initiation of the project is left entirely to private citizens. Once a citizen decides where he would like to see a particular improvement, the Green Fund will help with the bureaucratic problems. If you would like to see more trees, street furniture (benches), bike racks, planters (for trees, The purpose of the Green shrubs and flowers), garbage cans, Fund is lo aid private citizens in picnic and playground equipment improving the appearance of pubor graphics, and if you have a lic places in the City of Buffalo. place lo put it and a little money, The Green Fund has published you arc urged to contact the 77k1 Buffalo Green Pages. This is a Green Fund. Here is how it might directory of projects th.it citizens work. If you have a place in front can sponsor. The Directory also of your house or on your block lists Ihc approximate cost of the that could use a tree(s) and if you and your friends can raise $15 (or more) per tree, the Green Fund can help. They can help you pick one of 40 trees that will be right for your street, get the required permits, have the sidewalk torn up if necessary, arrange for the City Forester to plant it, and guarantee that it stays healthy for one year. So long as the tree is planted on public land you only have to pay for the tree. You can contact the Green Fund at the Buffalo Museum of Science. Call the ECHO telephone number (896-5200) and ask for the Green Fund. The Environmental Law Society has a copy of the Green Pages. Tenure Teams I. The current visiting commiitecs of the Promotion and Tenure Committee are as follows (convenor italicized): For Professor Boyer For Professor Girth For Professor Gordon For Professor Harring For Professor Holley For Professor Katz For Professor Lochner For Professor McCarty For Professor Rosenberg For Professor Schlegel For Professor Steinbock For Professor L. Swartz For Professor Wenger Professors Allcson, Del Cotto, Goldstein Professors Homburgci, Joyce, Kaplan Professors Atlcson, Buergenthal, Franklin Professors Girth, Joyce, Kat/ Professors Grciner, Hyman, Mann Professors Atleson, Joyce, H. Schwartz Professors Fleming, Kochcry, H. Schwartz Professors Galantcr, Gifford, Newhouse Profs. Buergenthal, Goldstein,L. Schwartz Professors Fleming, Hyman, L. Schwartz Professors Homburger, Kalz, Girth Professors Joyce, Mann, Reis Professors Del Cotto, Gqlanter, Gtcincr 11. The committees for potential Adjunct Professors are as follows (convenor italicized): For Mr. Magavern For Mr. Zimmerman For Professor Zussman Professors Kaplan, Laufer, Reis Professors Gifford, Girth, Kochery Professors Franklin, Homburger, Hyman 111. In consultation with your subcommittee and the Provost, the Appointments Committee has appointed the following visiting committees for Professors M. Gordon and Mazor (convenor italicized): For Professor M. Gordon Professors Boyer, Greiner, Laufer For Professor Mazor Professors R. Gordon, Newhouse, Schwartz ISjB t«J li/ I/If /[I !P I*J\ ' «Jl ALL INVITED .. . *VV TQ\ \ |O< >f *n\ Date: JE pl»": W TODAY. DEC. 13 Time: 3-7 PM CROSS-BOW INN. 3180 Sheridan Drive ) \ X BUFFET. ALL DRINKS. MUSIC. FREE TO LAW STUDENTS one guest 52.00 - - jj S �December 13, 1973 Opinion 5 Sen. Dunne: Attica 'Two Years After' by Kay Wigtil New York State Sen. John Dunne, R. Nassau, spoke on prison conditions and reform at the law school on Nov. 26. In his introduction of Sen. Dunne,Prof. Herman Schwartz told theaudience of Sen. Dunne's interest in corrections in New York City and the state legislature long before it was a 'politically fashionable issue.' Because ofhis efforts on behalf of reform, Sen. Dunne was invited to Attica by prisoners to act as an observer during the 1971 prison rebellion. Prof. Schwartz, also a participant in the negotiations at Attica, characterized Sen. Dunne as one of the most prominent and — Camn*r defendant. A second proposal of Sen. Dunne is the passage of a law requiring every judge to give his reasons for each sentence he imposes. Sentence review would be readily available, either in the Appellate Division or by a three judgepanel of some kind, so that the defendant would be protected against abuse of the trial judge's broad discretion in this area. Parole procedures are also the subject of the Senator's efforts at reform. He criticized the structure of the present parole board because of the lack of qualifications required of its members, and the lack of accountability for its actions. Sen. Dunne would have Provosts Retained, Schwartz Says by Ray Bowie Law School Provost Richard D. Schwartz in- formed Opinion last week that a controversial plan by President Ketter to reorganize the University Ad- ministration, which would have abolished the provosts and consolidated their faculties under several vice presidents, had been deferred for at least two years due largely to opposition from the faculties. "President Ketter," the Provosi said, "consulted with the faculties on the reorganization, and the faculties indicated that they found the present system working well enough." The present system, in which seven provosts act as an intermediate administrative level between the president and individual departments, was established in 1967 to provide the president with a broader perspective Irian thai afforded by department chairmen, but it had mcl wilh criticism from the Middle Stales evaluation team for obscuring administrative responsibilities. Presidential Assistant Thomas Crainc reported early in November that President Ketter, who had described the provosts before Ihe Faculty Senate as "highly parochial" in outlook was considering two alternative models for administrative reorganization, each involving the replacemenl of Ihc seven provosis wilh two to four vice presidents supervising several of the present faculties. Under one model, the law faculty would fall under the responsibility of a vice president for "academic and professional schools," including education and architecture together wilh law. The second model proposed thai a vice president for "social and behavioral sciences," one among four, include the law school among his responsibilities. At the time the Ketter proposals were made public, it was announced by Arts and Sciences Provost John P. Sullivan that "faculty discussion of the proposals so far has been generally negative." Definitive word on the outcome of the deliberations, according to Provosi Schwartz, is that the "plan has been deferred President Ketter has decided not to proceed with thereplacement of provosts with vice presidents." Responding to the accusations of parochiality, the Provost argued that "if you turn that coin over, you find democracy for the faculties and autonomy for the schools." The Middle Stales evaluation team, he added, "found confusion in the middle management area because the evaluators were never introduced properly lo the provosts." Speaking to the criticism that the provost system had failed to provide the president with a univcrsily-wide perspective, Provost Schwartz noted Ih.tl the Academic Affairs Council, on which the provosts and deans represent their faculties, "has made efforts to adopt a university-wide perspective, ■md the success so faris promising." "ll may lake lime to learn how lo cooperate effectively, bul thai may prove the way to move the University forward, by locating ihe modes of interdisciplinary cooperation." The same, he concluded, might prove more difficult through vice presidents. .. PAD Sponsors Drug Law Forum by Skip i luin.-i ,\| q State Senator Dunne Stresses Prison Reform. hardworking of the Observor the parole board restructured by team. region, so the members' time Sen. Dunne's talk centered would not be wasted in traveling around legislation passed or pro- from prison to prison. The memposed by the Senate Committee bers would be required to give prion Penal Institutions, of which he is a member. He stressed community interest in prison issues as the key to reform, and added that young lawyers interested in working in this area provided the hope for developing that community interest. Noting that the Attica rebellion could not have been avoided, Sen. Dunne described the symptoms which brought it about, and proposed reforms designed to eliminate some of the conditions which led to the riot. The first of his proposals attempts to destroy the "system of invisible justice" which now exists, and introduce an element of accountability into the criminal justice system. To do this, Sen. Dunne proposes a formalization of the plea- bargaining process, whereby all negotiations would be part of the record of the case, and the judge's active participation would be brought into the open. To protect the defendant further, unkept promises by the state would revoke the defendant's plea without prejudice, and allow him to go to trial. Although he recognized many problems inherent in plea bargaining, Sen. Dunne said he believes the process should be in the open as long as, society is unable to provide a trial for every soners reasons for a denial of parole, so that he will have a basis for preparing for the next hearing, and will be protected against abuse of discretion by the board. Work-release programs, adopted in over twenty-five stales, is a major reform project of Sen. Dunne's. However, the State Assembly has killed the bill which set up such a program in New York. Whether or not such a program can be implemented, the Senator sees the necessity for eliminating employment restriction on cxprisoners. He told the audience that he would like to sec the State set an example in this area by recognizing the fact that one has "paid his debt to society" by serving his sentence, and therefore hire ex-prisoners without any consideration of their criminal record. During a question and answer period, Sen. Dunne noted that life in penal institutions has not changed or improved since the 1971 Attica prison rebellion. In answering questions about Attica, he said he did not like to think about the rebellion, since it ended so tragically. However, he said, the impact of the event supplied him with the necessary drive to continue working in spite ofresistance to change and reform in the penal system. On Thursday, November 22, 1973, Phi Alpha Delta Law Fraternity sponsored a symposium on the new New York State Drug Law. A distinguished panel was assembled consisting of local attorneys Vincent Doyle and Joseph Tuttolomondo, Chief of Narcotics, Erie County Sheriff's Department. The panel pointed out that the 1973 revision, in essence, mirrors many of society's current concerns and attitudes about the problems inherent in and created by drug abuse. Frustration with the seeming intractability of the drug problem is reflected in the hard line approach to the classification of drug crimes and to tougher and more restrictive sentencing options upon conviction. Continuing the policy begun in 1972 of conforming New York lo either for profit or as gifts. Examining ihc quantification scheme as a whole reveals ih.u two weight standards are now used instead of the previous one; lo the aggregate weight standard heretofore exclusively employed has been added one thai depends solely on the weight of Ihe prohibited substance (eg. 220.09). Those so treated arc "soil" drugs the amphetamines, LSD, Ihc barbituratesand thenon-harbituralc sedatives such as sleeping pills and minor iranquili/ers. Therange from one milligram ofLSD to two pounds of, say, Mil town, (their relative weightsbeing approximalcly I :500,000), both carrying class C felony punishment lor possession presumably reflects, among other factors, the minute quantity required for an abuse dosage of LSD compared to the nun-barbiluratc sedatives. In the instances of substances such as the Federal and sister stale law in Ihc widely used and abused stimarea, the descriptive phrase "danulants, dangerous depressants and gerous drugs" was abandoned in depressants, the fact that they arc favor of "controlled substances." commercially manufactured and Title M-Offcnses Against Public distributed in lablcl, or capsule Health and Morals, Article form, rather than in bulk, un220-Controlled Substances Offen- doubtedly dictated the wcighl-ofses. thc-substancc standard rather than The revision adds a major dimthe aggregate weight one. ension to the definitionsof crimes The sentence-lime on felonies in this article by assigning various felony weights lo categories of has changed -*nd the court's disdrugs which were not heretofore cretion has been restricted. All so classified, and escalating the those convicted of a class A or B penalty for possession and sale in felony must receive a sentence of relation lo the quantity of the imprisonment. All thoseconvicted drug involved. To a greater extent of certain class C and D felonies than former law, increased punishment for possession or sale of certain quantities of proscribed subThe Erie County Bar Associstances, especially those which comwere not quantitatively graded be- ation has approximately 50 every fore, has been correlated lo a par- mittees dealing with almost ticular view of the dangerousness substantive area of law. Many are of the individual substances or active groups which meet often to their categories, both in terms of develop recommendations on potheir deleterious effect on the sitions to be taken by the Bar individual abuser and the likeli- Association. Robert Koren, President of the hood of their broad distribution must receive a jail sentence. Now it is important as lo what class of felony <i defendant pled guilty. Appropriate objections must be made upon sentence. For example, if a defendant' pled lo a class C or D felony requiring jail lime, objection should be made thai the law mandating such incarceration is unconstitutional. It discriminates between, members of a class, it draws an invidious distinction between those who have committed the same class felony, in that it mandates prison for some members of a class, but not others. Another example concerns one who will be sentenced as an A or felon. The objection is that the B law is unconstitutional because it arbitrarily creates a class which has no foundation in logic or law. While the class of felony committed has some relation to the question of deprivation of liberty,it is capricious and arbitrary because it disregards a defendant's background, the circumstances of the crime, and every element other thanclass of felony. Further, it deprives a defendant of due process because no consideration other than class of felony is given the defendant on the question of incarceration. The Eighth Amendment is violated: the law mandates prison and is tantamount to cruel and unusual punishment since no reason other than class of felony committed is assigned as a reason forincarceration. ECBA Committees Open Erie County Bar Association, has consented to permit one or two law students to sit on most of these committees. If you are interested in sitting on a committee, please sign up in Room 504. (A list of the committees is attached to the sign-up sheet). �December 13, 1973 Opinion 6 Cooke Calls for Repeal ofRape Corroboration Faculty Mtg. Notes by Gary Muldoon Lawrence H. Cooke, associate justice of the New York Appellate Division, Third Department, addressed the Law School on December 6 and called for the repeal of the corroboration requirement in rape cases. Cooke stated that the criminal laws "have failed us miserably in this area. Far from acting as a deterrent to the crime of rape, our laws have had a history of permitting women in this society to be raped with relative impunity and, due to their widely recognized inefficacy, they may even be accused of encouraging rape." The main cause of this, he unusual rules of evidence which have the effect of making it impossible, except in the rarest cases, to express, through the criminal law, society's outrage and condemnation of the commission of the crime." The corroboration requirement, he said is justified by "the 'gut' feeling that women as a class cannot be trusted to tell the truth even under oath." This hypothesis, he said, "is patently absurd and richly deserves once and for all to be relegated to the unhappy history of man's inhumanity to man." Cooke presented statistics on the alarming increase of rapes. Between,. 1560. and 197.1 ihcrc was an increase of 146% in the number of reported rapes, a 35% increase between 1971 and 1972, and a 19% rise in the first six months of 1973. These figures, he noted, represent only about 20% of the rapes actually committed. In New York City in 1971, of the 2415 rapes reported, only 100 of them ever made it to the Grand Jury, resulting in 34 indictments and only 18 convictions. New York State, he noted, was one of only seven states that have a strict corroboration requirement; eight states have no strict rule, and thirty-five states have no corroboration requirement at ail. Cooke then discussed thearguments in support of the corroboration requirement. The most frequent argument, that false rape charges would be frequently made, was unsound, he said, because the deterrents to filing areport are great. "The publicity resulting from such charges may be the source of grave humiliation for the victim," and the process of reporting a case "can intimidate all but the hardiest individuals." Coupled with "the ordeal of having to relive the attack in detail," these "work as powerful deterrents to making the charge." Cooke also noted that, according to the Commander of New York Judge John Cooke ration of the innocent." Convictions solely on the wora of the which arc often male dominated, arc extremely reluctant to convict a man unless the proof is overwhelming. And despite the supposed emotional aspects of a rape trial, the defense rarely ever waives a jury trial, knowing that the jury is an ally, not an enemy." complainant arc extremely rare in where there is no corroboralion requirement. This is due "partly because the juries arc reluctant to send a man to prison for a long term unless the evidence is overwhelming, and partly because the jurieshave apparently created an cxtralcgal doctrine of contributory conduct on the part of the complainant. (This theory of "victim precipitated rape," he said, was nothing more than a male view ol circumstances leading up to the incident). Another justification advanced is that -without the requirement, the defendant would be stripped of ihc presumption of innocence and victimised by the sympathy of the jury for the wronged woman. Cooke noted lh.it "juries, stales John Levi The December faculty meeting went for a marathonsix hours last week, including time out for a buffet supper. Highlights included a "get-acquainted" speech by University President Robert Ketter, and discussion and action on a memorandum suggesting grading changes from Associate Provost William Greiner. The President spoke at the invitation of the faculty for over an hour, discussing the future of the university and the law school's role in'it. In response to queries from this reporter as to why President Ketter was not given an opportunity to share his thoughts with the student body, it was suggested that an invitation to speak before the student body should come from the Student Bar Association, not from the administration or faculty. Long discussion preceded passage by the faculty, sitting as a Committee of the Whole, of Greiner's memorandum. The proposed grading system will do away with the HD as a designation on the report card (it was never formally designated as a grade). Members of the faculty who feel that a student's performance deserves special praise may addend a letter to the submission of the grade. The letter will be included with a student's transcript,' and an asterisk (�) will follow the grade so explained. In response to arguments that this will replace the HD with an H*, it was pointed out that the faculty are free to append such a letter to any grade, and therefore Q*'s may also be seen. The proposed grading system will also codify the distinction between D's and F's. A D will be given to any student whose performance in a course is "equivalent to failure," while an F will be awarded only to those who substantively fail to complete assigned course work, such as papers and examinations. It is hoped that confusion will be alleviated by this change. The final proposal of the Greiner memo suggested the creation ofa new grade the Q+. In a nutshell, this grade will be awarded to those students whose performance does not fall within the standards set for an H, but whose work is superior to that of the great bulk of those students who receive Q's. It does not carve territory from the present H; rather, it will provide an opportunity for recognition of those students whose performance exceeds the Q, yet falls short of the H. The Committee of the Whole expressed the feeling that the Q+ will provide motivation to students whose work has not been superior, but possibly need some encouragement for such performance. The faculty voted to apply the new grading system to all first-year students as of the Fall semester. The decision whether to apply the system to second- and third-year students has been tabled until the - Trials where the accused and the accuser arc of different races can be safeguarded with juries of more than one race, and by reversing conviction on appeal where the jury was obviously biased. The last justification, "that the gravity of the crime mandates corroboralfon, can be dismissed summarily since other equally serious crimes require no corroboration." January meeting. The retention of the requireIn other action, the faculty received the report of the chairman of ment means lhal "women arc outthe Appointments Committee, Mr. Fleming, and the report of the side the effective protection of chairman of the FSRB, Mr. Kochery, who reported that the Analysis of Courses and Teaching for Spring, 1973, is now available at the continued on page 7 Admissions Office, for thebenefit of faculty and students alike. 1 i Third-year Job Questionnaire i i The following questionnaire is an opportunity for us to find out the success third year students have had in finding jobs for next year. Plc<isc fill one out and drop it in theb.iskcl provided in the library,at I I the Circulation Desk. Results will be printed in the next issue of Are you from Buffalo □ | elsewhere D j I ■ Opinion I I J I | ■ I --. I How many resumes h.tvc you sent lo prospective employers? Elsewhere In Buffalo 0- 10 D 0- 10 D 10-25 D 2*5 D 25-50 □ 25-50 □ 50+ 50+ D D Do you have a part-lime job? an I Has your employer made you offer? How many H's do youhave? J10-10% D 10 50 □ J 2575%■ 50% + D j j j I I How many prospective employers have scheduled an interview or have interviewed you? 10 I City's Rape Analysis Squad, only I .about 2% of all rape and related sex charges are determined to be false, which is a rate comparable to false charges on other felonies. As to a rape charge being easily made but difficult to disprove, Cooke stated that "the available empirical evidence indicates that the corroboration requirement is not necessary to insure the exone- - Centr sla- ted, is the corroboration requirement. He noted that while we have extremely severe penalties for rape, we also "have the most by In Buffalo 0-5 5-10 10+ □ D. Are you a memberof: Law Review 25% D 75% □ What kind of work are large firm government have a job or a firm offer, what factors do you think were If determinative in getting it? political connections Q D family connections D ■ recommendations D grades previous work □ other (specify) you Have you gotten: a job a tentativeoffer Da firm offer how many? D D in New York State Are you: a white male D □ □ Elsewhere 0-5 5- 10 10+ D □ D a Moot Court D you actively D □ □ □ female I 'J ! seeking? small firm D □ non-legal out-of-state □ black □ Did you use the Placement Serviceof the Law School Placement aids? Yes O No O If so, were they valuable? Please deposit in thebasket marked "Third Year Questionnaire" jn the library. j j �December 13, 1973 Opinion Law School Acquires Mitchell Lecturer Assails USSR on Mid East Placement Officer For the first time in its history, the Law School has on its staff its own placement officer, Ms. Patricia Hollander, who began work in that position the first week in December. Ms. Hollander, whohas been installed in what was formerly Dr. Mix's office in room 311, has been with the University in various capacities since 1967, during which period she was part-time lecturer with the School of Management in areas of industrial relations and later assistant to the dean in the Division of Continuing Education. In the latter position, she was responsible for developing professional programs, including Continuing Legal Education for Practicing Attorneys in cooperation with the Law School. Ms. Hollander's present plans, after familiarizing herself with the available material, include the establishment of a Resource Center for job information in room 312, which she hopes will be functioning at publication time.Other plans, she says, will be formulated as she orientates herself in her new position. Law Review Delay After a long silence, the Buffalo Law Review announces the impending publication of Volume 23, Number 1, the first issue to be published by the present Board of Editors. Difficulties in obtaining a State-approved printing contract are given as the cause of the delay. It appears that the State failed to grant such a contract in the first place, and hence the longdelay. Editor-in-Chief Vince Morgan stated that the problems in getting the first issue printed have hampered efforts on the part of this year's Board to develop articles, symposia, and programs designed to expand the purview of the law review beyond the traditional heavily-researched and -footnoted works of law professors. It was hoped that social problems could be examined by writers from a variety of disciplines, but "it just didn't work out." Consequently, it appears that the Review will primarily publish legal articles by legal writers on aspects of legal esoteria. The first issue will include major articles by Lee Teitelbaum, former professor at Buffalo, on cruelty as a ground for divorce in New York State; Arthur Larson, a law professor at Duke U., on the defense of suicide in workman's compensation law; and Michael A. Marra, a Buffalo area lawyer, on revenues under the Copyright Act. Student works will include a comment by senior members Linda Mead and Dennis Hyatt, and notes by candidates Ken Bersani, John Mendcnhall, and Peggy Rabkin. Future issues this year include a special issue commemorating John Lord O'Brian, a symposium on the new Mental Health law in New York State, and many articles, among them works by Professor Mitchell Franklin of Buffalo, and Phillip Weinberg, a New York State Assistant Attorney General. Law Wives Project The Student Law Wives Association expresses its gratitude to the students, faculty, and staff of the Law School for their support of our bake sale and canned goods drive. Because of the generosity of those involved, we were able to contribute over 100 cans of food to the Salvatidn Army. We extend a special thanks to all those who made additional donations ofcash or cans for this worthy cause. Law Wives would again like to enlist the School's support in a community wide project. For the last several months, we, in conjunction with TV-2 Action Reporter Russ Nichols,have been involved with a project to establish a tin can recycling center in Buffalo. We felt we had been progressing in our contacts with Councilman Hoyt's office when it was announced that a trial center would be set up. Shortly thereafter this statement was retracted. It is now our understanding that in addition all existing city glass and paper recycling centers face possible shutdown in the near futuredue to expiration of the year trial time period. We urge all city residents to contact theircouncilmcn and encourage extension and expansion of the recycling program. We feel that this is a cause worthy of everyone's concern. . Cooke Calls for Repeal continuedfrom page 6 the law, and the criminal knows it If the phrase 'equal protection of the laws' means anything, then to repeal say I the.time has come the corroboration requirement." Cooke noted that this change will not alone solve the problem; "Hospital personnel and police must be made aware of the special need for sensitive and humane handling of rape victim* ralher than the coarse trcatmenl lo which these unfortunate women are all too frequently subjected." But the first step must be the removal of the corroboration requirement, "to insure that the process of reporting will not be an exercise in futility." 7 by Ray Bowie Appearing under the auspices of the International Law Society, Mitchell Lecturer Yoron Dinstein, professor of international law at the. University of Tel Aviv, explored the "Soviet dimension" of the Middle East conflict before an audience of about 25 law students last week, in the course of which he highlighted the way in which the USSR discovered and used the International Law Club Speaker -Buffomante conflict forits advantage. Prof. Dinstein, who had served and finally leading to direct Soviet peace plan. on the Israeli permanent mission military involvement after the Dinstein charged thai, in fact, the Soviet Union had triggered the to the UN in the early 60's and "debacleof the Six Day War." The USSR, Dinstein charged, 1973 war, citing instances in later on the Subcommission on the Prevention of Discrimination, wants to dominate the Middle which the Soviets began their milicompared the Soviet Union'srelaEast "before the lines of detente tary sealift to Egypt and Syria tion to the Middle East to the fully crystalize," freezing the "four days ahead of the war to United States1 to Latin America, spheres of influence of the super- replace expected Arab losses." powers. To this end, the Soviets Not only had "Soviet officers commenting that the area is virtually "south of the border" to do not desire the destruction of planned the war, " he added, they the Soviets and "when they Israel, but neither do they want a were withdrawn just prior to the sneeze, we gel pneumonia." settlement in the MiddleEast in as Arab offensive so as to avoid caHistorically, Russian policy has much as the tensions insure their sualties or capture. Having backed been to expand to the south for continued influence over the Arab out of its responsibilities to seek a warm water ports, but "where the slates. settlement, "the Soviet Union," czars failed," Dinslein contended, "The time for peace negotia- he concluded, "was the big winner "the commissars have succeeded." tions is now, December," he ar- of the 1973 war." The success is all the moreastoungued, "for by January or Februding, he continued, in that it was ary, the result is a foregone con"Responsibility for 1973 lies achieved within 25 years, begin- clusion, renewed hostilities." Yet squarely with the Soviet Union," ning with the initial failure of Sothe USSR is behaving as it did in Dinstein contended, "and if there viet pressure against Iran and Tur1967, demonstratingreluctance to is no solution in the next few key, moving into a stage where cncour.ige a Middle East settle- weeks ... it will be dueneither to the USSR used first Israel and ment even though in 1973, it is Egyptian or Israeli aspirations, but then the Arab stales as "clients," technically a "co-sponsor" of the lo Soviet intransigence." Advisement Survey FSRB Available The Faculiy Studcnl Relations Board is entering its fourlh year of existence this year. Because election of student representatives did not take place unlit this fall, the first meeling of the board was not held until December 1, 1973. The FSRB has an important function as the law school's grievance committee. Its constitution gives it power to hear grievances "concerning the entire spectrum of law school life from whatever source," as well as investigative and research powers un "any phase or problem of school life" on its own motion. Among the most important of these investigations is the course and teacher evaluation conducted each semester. Copies of the results of thesestudies arc on reserve in the library, and students arc urged to look at them for assistance in making out their spring semester schedules. Studcnis with any grievance which they wouldlike lo bring before theFSRB need only submit a written statement of their grievance and the relief sought to Prof. David Kochcry, Rm. 513. The studcnl members of ihc FSRB arc Rosemary Gcrasia (Ist year), Kay Wiglil (2nd year), and David Hampton (3rd year). The faculty members, who are appointed, arc Profs. Adolf Homburger, Barry Boycr, and David Kochcry • (Chiifperson). Based upon the premise that being a student in law school presents a myriad of related problems, both academic and personal not otherwise handled by the Office of theDean, please answer the following questions: Check One Freshman D D Junior □ Senior Facully Staff □ □ 1. Are you in lavor of a school-operated advisement program lo deal with such problems? Yes □ No D 2. Shouldsuch a program be staffed by D Faculty □ Administration D Students (upperdassmen) □ a combination; and if so, what 3. Should this program be run on a □ volunteerbasis D professionally (paid) staff 4. Should such a program be operated ona continuing basis or do you feel that a first semester orientation period is adequate. Please comment. Use another shcel if necessary. :-;v::v::v::v::v::v::v::v::v::v. 5. Please comment on what you feel the function of such an advisement office would be, the types of problems which you yourself may have encountered, and whether you would make use of such a program should one exist. Useanother sheet if necessary. Please take the time to complete this questionnaire and return it to room 312. The cooperation of the entirelaw school community is essential. �Page 8 Opinion SBA Requests Facilities Remedy told Opinion that the lighting would be installed by December, presence of a curbed divider in the but Dr. Neal's current appraisal of small lot off the bus circle; the the situation is that no lighting angle at which Augspurger Road will be installed prior to next intersects with Millersport, mak- spring. ing right hand turns too sharp; the SBA was also informed that poor visibility at the intersection. of Flint Rd. and North Campus the concrete divider in the small parking and the illuminalot, allegedly responsible poor Boulevard; tion at the two Millersport entran- for several accidents, was installed at the insistence of Pres. Ketter, ces to the campus. SBA was told that, according who wants the lot eventually reserved for administrator parking Planning Facilities Vice Presito dent John Neal, the failure to and will have controlled-access light the roadways and lots was gates placed on the divider. due to difficulties SUNY had been Laura Zeisel proposed, and experiencing in finding a contracSBA accepted, that the concrete tor willing to undertake SUNY's divider be marked off with reflecfirst-year representative Ray specifications for lighting fixtures. tors rather than removed altogetBowie, mentioned, as specific dan- Earlier in the semester, Mr. John her, as had been originally suggested in theresolution. ger spots, the absence of lighting Randall of the same office had Having completed action on the '73-74 budget, the Student Bar Association focused its attention on a number of hazardous conditions existing in the North Campus traffic system, conditions which have been alleged recently to have contributed to several accidents involving law students. In a resolution directed to the University's Traffic Control Board, the SBA singled out five particularly hazardous conditions, ranging from the lack of street lighting to concrete abutments in parking lots, and requested the University to undertake immediate remedial action. The resolution, presented by along North Campus roadways, walkways, and parking lots; the TV Surveillance in Limbo The Budget and Program Re- lution, were thai "electronic surCommittee considered the veillance should be the last resort in security measures" and that there exists "no evidence of a security problem sufficient to warof the November rant electronic surveillance in wards the end faculty meeting where due lo the O'Brian Hall." amount of controversy the issue The SBA also felt that "the created, il was decided to postpone decision until the December installation of such a system meeting lo allow more lime for would have a chilling effect on considerationof the proposal. social and academic interactions, In the interim, the Student Bar thereby posing a potential invaAssociation passed a resolution by sion of privacy." a vole of 13 to 1 with I abstenWhen the agenda for the Debrary. The main control panel was tion, "strongly opposing instalto be located in the basement of lalion of TV or other electronic cember slh faculty meeting was the Law School, or remote-consurveillance in any areas of O'Bri- distributed, the proposal had been trolled and operated at the Securi- an Hall other than library exits." dropped from the agenda, as it ty Office in the Governor's Hall The reasons SBA enumerated, in was understood that there was no Complex. the "whereas" clauses of the rcso- pressing need forit at this time. A proposal to install 22 cameras providing closed circuit TV coverage throughout the building to maximize security at the Law School remains in limbo. The proposal was advanced in a Memorandum to Provost Schwartz from Charles Brunskill, Technical Assistance Co-ordinator with Campus Security, late in August this year. It suggests installation of cameras in an arrangement to allow for maximum coverage of all traffic areas, office doors, and access doors to the li- view proposal and referred it lo the full faculty committee. The issue was brought up to- Turn of the Screw by lan De Waal If you need financial assistance for the 1974-75 school year, it is now time to pick up applications. If you were unable to secure one at the Law School this past Tuesday, they are now available at the Financial Aid Office in StocktonKimball Tower (formerly Tower Hall) on the thrid floor. The funds that are available through this application procedure are the Federal Work Study monies and the National Direct Student Loans. Generally, notification of awardsis not made until some time in August, directly preceding the start of the fall school session. This delay is due to the fact that Congress rarely passes the appropriation for the two programs until early summer. It is a necessity that applicationsbe filed on time if youwish to have any hope of success in securing aid. The Financial Aid Office has instituted what may appear to be extraordinarily early application deadlines for such a late award notification schedule, but the reason this is done is to set a generally acceptable date by which everyone has had an opportunity to get their applications in. This allows the Financial Aid Office to begin the inordinate amount of paperwork and filing associated with the flood of applications that are received. If the date was any later they would never be able lo process ihc applicationsbefore school started. This school, dependent on Federal funds for its aid program, refuses lo notify people of awards before the school knows precisely how much funding it will receive for obvious reasons. This year, the proper form must be submitted lo the College Scholarship Service before February I, 1974. In addition, the proper "Form UB" musl be received by the Financial Aid Office by March I, 1974. Those who plan on filing as independent students should be aware that the Financial Aid Office may expect you to have a minimum amount to contribute to your needs. Last year this figure was $750. The amount of this years expectation should be decided some time in the spring. Finally, if anyone has questions about the application procedure, how to declare oneself as an independent student, or financial aid in general, please see me in 303 O'Brian. My hours are posted on the door. With the arrival of Pat Hollander, the new Placement and Career Development Officer, the movement of administrative offices on the third floorhas been completed. Ms. Hollander will have hours on Monday, Wednesday and Friday for the rest of this semester and will be here full time starting with the spring term. She has now assumed all placement dulics. Her officeis 311 O'Brian, extension 2056. Dean Mix has moved into 313. Her telephone extension remains 2057. Associate Provost Bill Brciner will now be in 318. As Opinion went to press, he was still without a phone but could be reached by calling Pat Taylor at 20550rC1e0 Jubulisat 2054. Registration materials for next now be available. The first batch of computer forms will be processed on December 21. Freshmen must come to 304 O'Brian on December 17 in order to hand-register for a required small group elective. If your University account has more than $25 outstanding, your registration will be check-stopped and returned unprocessed. Please check with the Office of Student Accounts 831-2041 (Hayes A) to insure that all scholarship monies have been recorded as well as any payments you have made. The law school libraryhas announced a new permanent extension of hours, which went into effect December 10, extending the time when you can slave until 12:00 midnight six days a week. Saturday hours remain unchanged. In addition, the library has announced a fine rollback, to 25 cents per day, as it was felt the 50. cent penalty for an oversight or unavoidable lapse was too severe. semester should 8 AlumniLine by Earl S. Carrel I've always been tempted to turn this into some sort of a gossip column and make comments about who was seen doing what to whom the corridors of Erie County Hall. Thankfully, I've always been able in to supress the urge, even though it would make filling this space a lot easier. Besides, I 'm not in the Hall too often. Looking ahead instead of into the past, we hope to have an open letter from Judge Dolores Denman, Alumni Association President, in the next issue of Opinion. Also we hope to have some news about the official doings of the Law Alumni. Where are you.Bob Schaus? Every time the Post Office notifies Opinion of an address change for one of our readers there is a cost involved. You can help us by informing Opinion of your new address when you move. * * * We were glad to see the good turnout of judges and lawyers in attendance at the Moot Court dinner at O'Brian Hall on December 1. The dining setup was a little bit strange, what with tables scattered throughout the fourth floor lounge area, but we hope all who came had a good time. AlumniLine is always looking for contributions and thoughts from our graduates. If youhave done something worth mentioning or if you have some comments on the state of the profession or the state of the school or the activities of the Alumni Association do not hesitate to write us. Theaddress is: Alumni Line, Opinion, O'Brian Hall, SUNY at Buffalo, Buffalo, N.Y. 14260 james A. Deckop, '22, assistant City of Buffalo corporation counsel from 1923 to 1932 and a partner in the firm of Desbecker, Fisk and Deckop from 1932 until his retirement in 1972, died November 27,1973. * * * attorney in the Real Property Seymour C. Pinch, '40, senior Bureau of the Buffalo District Office of the New York State Department ofLaw, died October 13, 1973. Daniel R. Polowy, '73, has been nominated for appointment as Dunkirk, N.Y. City Clerk. The appointment is subject to approval by the city council. SPORTS by Skip Hunter^ q Mark Mahoney and Bill McCarthy went on a scoring rampage and the PEOPLE from O'Brian Hall glided to a 59-19 Independent League basketball victory over the CAVALIERS on Monday, November 11th at Clark Hall Gym. Mahoney scored 19 points including 11 of the 31 points in the first half. McCarthy sunk a total of 15 points, 9of them in the second half. Mahoney also grabbed 12 rebounds and completely dominated the CAVALIER'S Rich Fleming, the league's top scorer, down the stretch. tn other games, Dick Maigret poured in 14 ofhis 20 points in the second half on Monday, November 19th,helping the PEOPLE to break open a close game and beat the BROOKLYN BOMBERS, 45-32. The BOMBERS' four game winning streak was snapped. Reed Cosper added 9 points and Glenn Lefebvre 7 as the PEOPLE gained revenge on the BOMBERS, who one year ago had ended their 8 game winning streak, the longest in the league last season. And on November 26th,all good things suddenly came to an end. The PEOPLE, theiroffense almost nonexistent with McCarthy, Cosper and Brian Miga on the sidelines with injuries, slid into mediocrity as they suffered their first defeat at the hands of the RAIDERS at Clark Hall. No one could explain the reason for their sudden demise. But I am sure that better things are destined to come. He came, he saw, he left. Justice William O. Douglas. -Bailing � 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, 1973-12-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/13/1973 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/ebdf23e391c3f1b5581ad3d7932ac95c.pdf 743629cb7e92aa8229276e317949f9d8 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 4, Number 6 Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 State University of New York at Buffalo School of Law January 9, 1974 1stYear Protests Grade Change Hit just before vacation with agreed to make contingent upon registration foul-ups and an un- the right of the Faculty to retain announced grading change, the the final authority over the matfirst year class reacted with a ter, although no final decision series of protest actions ranging would be rendered until the APPC from petitioncampaigns to heated could conduct a questionnaire of confrontations with administrators. The protests rocked the class for two days, in the aftermath of changes in the grading system which many freshmen felt penalized them, following which the level of protest subsided in favor of lobbying efforts organized under the aegis of the StudentBar Association. The first-year protest activities, involving chiefly students in sections three and two, have thus far dominated the attention of two SBA meetings and resulted in the SBA endorsing a petition calling upon the Faculty to defer the new Q+ gradepending the outcome of a freshman referendum. SBA also established an ad hoc committee of freshmen charged with seeking Faculty compliance with the petition, now reported to bear 195 all three yearssometime in March. Thereafter, according to the APPC recommendation, the Faculty could decide to impose the Q+ grade, but the imposition would not be retroactive to the fall semester. The full Faculty, to whom the APPC recommendation has been sent, will meet this afternoon for their regular monthly meeting, at which time the ad hoc committee will again appeal for compliance with the freshman petition. Provost Schwartz has, following extensive consultation with freshmen representatives, circulated a memo to the Faculty counselling acceptance of the request. The protests were sparked the week before vacation, the mor- ning first-year spring registration was to have begun, whenAssistant Dean Marjorie Mix announced to signatures. a crowd of between forty and fifThe ad hoc committee ap- ty freshmen on line for registrapeared, immediately following va- tion that, due to students lining cation, before the Academic Pro- up six hours prior to the posted gram and Policy Committee to ar- time, freshman registration had gue that the grading change viola- been postponed and would be ted due process in that the class conducted the following week unaffected was never consulted and der a lottery system. hence had relied to its detriment upon the standards of the former system. The APPC was asked to recommend to the full Faculty that the Q+ provision, the one which the ad hoc committee alleged had altered the substance of the grading system, be deferred, a recommendation the committee The heated confrontation between Dr. Mix and the "early birds," as their classmates dubbed them, was, however quickly eclipsed the same day when other protest activities erupted following Opinion reports of the December 5 Faculty decision to revise continuedon page 4 Joyce to Teach Bar Course A new entry on the New York State bar review scene has announced that Professor Kenneth Joyce, professor at SUNYABLaw School, will join its faculty for the July, 1974, bar examination. BAR/BRI. a bar review organization run jointlyby the two largest bar review courses in the country, will employ Mr. Joyce as a live lecturer in the subjects of Taxation and Real Property, two of the thirty subject areas covered in the New York Statebar exam. Joyce will be the only live lecturer in the course to be offered in Buffalo and Syracuse; other subject areas will be covered by taped lectures. He is also the only member of the Buffalo faculty to teach for a bar review course. Law Institute (PLI) and Marino. The three courses offer different types of bar exam preparation. PLI has longprided itself on its "outstanding faculty of law school professors, expert in the particular areas of law which they teach." In addition, PLI stresses the quality of the review materials they offer, which cover all areas of New York "black letter" law and the law of Evidence. An additional text, Wachtell's New York Practice Under the CPLR, is offered at half price. PLI stresses that its materials are useful to the practicing lawyer as well as to the student. The course costs $150, and is available from Tom Bailey. 82.5% of the students who took PLI last July from Buffalo passed thebar exam. BAR/BRI, m, MARINO As a new entrant in the bar reThe Marino course has tradiview race in New York State, tionally offered the student a competition from course oriented towards particular BAR/BRI faces continued on page 4 the two older bar review courses, offered by the Practising .. -BELLING Provost Schwartz addresses students at SBA meeting before vacation. Law and Society: JointDegrees Planned by Ray Bowie third to providing "solutions for problems of the legal system, both its organization and its substantive grams has reached the stage of im- policies." Graduates of such joint plementation in the form of an degree programs would be "lawAdvisory Board on Law and So- yers, lawyer-social scientists, and cial Science Programs which, ac- policy scientists of various kinds." cording to a memo written by The Provost's memorandum on Provost Richard ,D. Schwartz, "is the Law and Society Program sugexpected to function briefly and gests that the Advisory Board excogently to get the program star- plore the development of integrative seminars in each joint degree ted." The program which the Adviso- program, an undergraduate legal ry Board is charged to implement studiesprogram for majors in each is that titled "A Buffalo Program of the social science fields, and in Law and Society," itself the corresponding allocation of faculproduct of meetings between the ty from Law and Social Sciences. £ach participating department Law School Provost, the Provost of Social Sciences, and the chair- would appoint a faculty member men of participating departments. to teach in the undergraduate lePresently, there are twelve law gal studies program and advise students, in four Social Sciences joint degree grad students, while departments, pursuing joint the Law School would likewise JD/Ph.D. degrees, and thepurpose assign faculty to share these teachof the newly-formed Advisory ing and advisory functions. The Planning on joint degree pro- Board, on which both Law and Social Sciences faculty are represented, is to consolidate and expand what has been designated the Law and Society Program. Law faculty were selected "in terms of the likelihood that they might ultimately take responsibility for the guidance of joint degree candidates in a given bilateral field." According to Provost Schwartz's memorandum, the Law and Society Program has, as its goals, "the generation, dissemination, and application of knowledge about legal systems," with the first two referring to traditional teaching functions and the Law School, to this end, would commit itself to making additional interdisciplinary faculty appointments in the future, so that such interdisciplinary faculty could hold their primary appointment in the Law School and an adjunct professorship in a social science department. Participating Social Science faculty would hold a similar adjunct professorship in theLaw School. The memorandum's charge to the Advisory Board envisions the eventual replacement of that Board by a "governing committee," representing the provosts, the participating faculty, the head of the legal studies program, and undergraduate, graduate, and law students. The joint-degree programs would operate by admittingapplicants separately to each unit under requirements that the degree candidate take the basic training in each unit and then meet with advisors to determinewhether the candidate will be encouraged to seek the full degree in each field. Dissertations of joint degree students will be required to demonstrate, to the satisfaction of the advisors and the program director, "mastery of each field and a capacity to synthesize knowledge of both fields in a scholarly product." "Progress toward the joint degree," the memorandum adds in suggestion of another requirement, "should include teaching experience in the legal studies program and participation in the research program." Addressing itself to the need for financial support, the Provost's memorandum proposes that, while theLaw School is "unlikely to be able to do more" to support J.D. candidates, it might join with Social Sciences to urge that the Law School's Baldy funds be allocated exclusively for joint degree rather than merely J.D. candid ates. Teaching assistantships might also be provided through the Graduate School or the undergraduate Law and Society College. As the average J.D./Ph.D. program would take five years, the continued on page 4 �2 Editorials Opinion January 9, 1974 President's Corner by Marty Miller Practice What's Taught Prior to vacation and final exams, it has been customary for first-year students to devote their attention increasingly to relaxation and then to the awesome prospect of their first set of law school finals. The very fact that, this year, substantial numbers of freshmen have had to divert their seasonly efforts to protesting a Faculty decision is itself an indication that something is seriously wrong with that decision. On December 5, the Faculty, motivated apparently by lingering frustration over the grading system, voted to institute a substantial alteration in the grading structure, transforming it from four to five tiers, all without notice to or consultation with the only class affected by the decision, the first-year class. Due process, a fundamental principle of the law in which Faculty are charged to train students, was indeed the most prominent victim of that decision. Organizing to appeal to the Faculty for redress of that oversight, first-year students have, to their credit, utilized proper grievance channels, obtaining support for their cause from the Student Bar Association, the Provost, and now the Academic Program and Policy Committee, which has recommended that the Faculty substantially satisfy the aggrieved. Contrary to the concerns of some first-year students, the success of the appeal has thus far indicated that the Law School's governance system is, despite shortcomings, functioning in an equitable manner. The credibility of that observation could, however, collapse this afternoon, should the Faculty compound its original oversight with refusal to grant remedy. Faculty, students, and administratorshave acted sensibly and cooperatively up to this point in the controversy, recognizing the essential validity of the due process principle. It would indeed be a shame if, this afternoon, the Faculty fail to practice what they teach. Inherent Fault Whatever the ultimate outcome of the appeal, it would be truly shortsighted to view this grading controversy in vacua, as either an isolated malfunctioning of the system or an isolated instance of bad faith. Certainly there are better grounds for tracing the It is rather difficult to produce a "timely" have been able to respond. The Academic Policy and column for Opinion given the seemingly vast Program Committee was delegated the responsibility interlude between the date of submission and the of developing and proposing to the faculty a new press date of the paper. I would like to have structure. When they were unable to do so, they commented at great length upon the grading "crisis" reported to the faculty their inability to reach a of late December and early January, but I anticipate consensus. During the stage when the grading revisions were that the multitude of problems which were the result of the imposition of a somewhat altered grading before the APPC there was significant student input system upon the first year class late in the first As one member of the faculty stated, "student input ad nauseam." However there was not the semester have, for the most part, dissipated. to here argue the merits of opportunity for significant student input with regard I pause, therefore,ofnotgrading because my personal to the system finally adopted. That system was a particular system opinion is simply that, the opinion of one individual. embodied in a proposal drawn by Associate Provost What I believe needs to be done is an examination of Greiner which was available only shortly prior to the the structure of the system which permitted a meeting on that fateful Wednesday. Therefore, it seemingly routine action of the faculty to have may be possible to pinpoint the difficulty as sizable repercussions so as to achieve the level of a occurring in the timebetween the distribution of the agenda and the date of the meeting because it was crisisamong the members of the first year class. Those of us who are upperclassmen should have not long enough to advise interested parties of the been aware that there was a movement within the proposal. To remedy this situation,Provost Schwartz faculty to alter the grading system. We had, in the has advised me that these difficulties should never recent past, participated in a number of again plague us. Agenda and relevant supporting student/faculty sponsored polls in an attempt to documents will be available earlier so that the entire determine student attitudes. Those of us who are student body can be made aware of the issues before new to the law school would not possess actual committees. I will post a copy of the agenda of each knowledge of the recent past events, and it is meeting as soon as it is received on the SBA board somewhat questionable whether they should be held on the third floor. Hopefully the agenda for to constructive knowledge. It may be possible to Wednesday meetings will be available, hence posted, conclude that somewhere within the school there on the Thursdayprior to the meeting. was someone who had an affirmative duty to advise The Student Bar Association has always been a the incoming students and that there was a breach of staunch proponent of the development of the law duty. placement program. At a special meeting school's that There was an attempt to communicate a vast convened on December 20, 1973, the Board of array of information to students during orientation, Directors of your organization unanimously and that attempt continued by various methods demonstrated their approval of the efforts made so throughout the semester. Somehow the grading far and allocated $3000 of student fee monies to information was lost in the shuffle. So if there is to further support the development of the office and its be any blame about the student not being aware of •programs. SBA executive board elections are just around the the possibility of a grading change thatblame might properly rest with my administration, and there was corner. Elections will probably be held during the a failure of communication within our organization. third week of classes of the second semester. [If you But a further examination-of the issue at hand does need any encouragement, remember the first vice not explain how even if the students were aware of president travels to the ABA convention in Hawaii the possible change in the grading system they might this summer.] Job Questionnaire Trends With 27 replies submitted, the difficulty to systemic malfunctioning than to bad faith on anyone's part, but the malfunctioning, sadly, is more Opinion 's Job Questionnaire of inherent in the present governance system than it is the senior class has revealed a number of decisive findings in accidental. SBA President Marty Miller, we think, takes too much terms of the determinative factors involved in placement success. guilt upon his administration when he assumes responsibility The findingsmust, however, be for communicative problems, for the fault seems to inhere interrupted in light of the fact rather in the entire nexus of Faculty governance, that of the 27 respondents, only faculty-student committee, and student government two were black and only one female. relationships. True enough, students have input on all levels to some Of those responding, the prime degree or other, but nowhere are there clearly established determinative factors for those inchannels for input and feedback between the levels of the dicating job offers were work exschool governance system. SBA, elected directly by the perience and grades, in that order. students, appoints student representatives to faculty Among those having accepted committees, after which they might as well be disembodied jobs, work experience was determinative of success in eight cases, spirits in limbo, as there is no communication with or from grades in seven, recommendations them thereafter. in four, and family connections in As systemic malfunctioning appears to be the root cause only one. of the present difficulty, true remedy of that difficulty, the Most of the 27 seniorsreplying type of remedy that will preclude the recurrence of similar to the^questionnaire hadreceived difficulties in the future, will require radical reform of the job offers, while sfx had tentative Of the seven respondents who indicated membership on Law Review, five had received jobs, while two had no offers. There was no indication of the significance of Opinion membership to job success. With regard to job preference, those who had received jobs were split among large firm, government, and small firm, with large firms hiring the most. Of those with tentative offers, only one had received such offers from a Volume 14, Number January 9, 1974 large firm, while four each received tentative offers from government and small firms. Those without offers seemed to prefer government and small firms to work with large firms. For those with jpbs, five used the former placement services while six did not. All who indicated tentative offers had not used placement services, while six without offers ha"d used them and three had not. 6 firkinirk n UpiniOll Editor-in-Chief: Ray Bowie Managing Editor: Vacant Articles Editor: Skip Hunter Photography Editor: Chris Belling Features Editor: Kay Wigtil Alumni Editor: Earl F. Carrel Sports Editor: Skip Hunter, M.C. Business Manager: John Lev! Staff: Frank Buffomante, Cheryl Pestell, Gary Muldoon, Karen O'Connor, Dave Stever, Terry Centner, Marty Miller. offers, and nine had received none. OPINION is published every third week, except for vacations, during In terms of grades, all who had the academic year. It is the student newspaper of the State University received more than 50% H's had of New York at Buffalo School of Law, John Lord O'Brian Hall, either jobs or firm offers. Out of SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the. Editorial Board the eight who had received beor Staff of OPINION. OPINION is a non-profit organization. Third tween 25% and 50% H's, three Class postage entered at Buffalo, New York. had jobs, one had a tentative offer, and four had no offers. BeOPINION is funded by SBA from StudenfLaw Fees. tween 10% and 24% H's, one had a job, one a firm offer, two had John Levi, graduating senior and Editor-in-Chief of Opinion, has Provost Schwartz has announced that former Chief Justice Earl tentative offers, and one had announced his resignation of that position and the appointment of Warren will address this year's Convocation scheduled for April 16, none. Under 10%H's, four had-no Ray Bowie as his successor in the post. Mr. Bowie, who served as Managing Editor this past semester, will according to arrangements made by Dean Marjorie Mix and the offers, while one had a job and be the first freshman to hold the position of Opinion Editor-in-Chief. one an offer.Committee of Convocations. Mr. Levi will continue to serve as Business Manager and staff writer. governance system. The next step is the responsibility of SBA, and SBA would be well advised to take it before memories of the current difficulty fade into complacency. Earl Warren Selected to Address Graduation �January 9, 1974 Opinion the GADFLY 3 One Nation, Under Controls by Ray Bowie In 1931, in the aftermath of the depression, the German Chancellor Bruning resorted, allegedly as a matter of necessity, to a policy of price controls, to which his successors obstinately clung even as the controls gradually effectuated a regulated economy. In 1933, in the aftermath of national crisis carefully manufactured for its effect, one of those successors had the legislature delegate itself out of existence,and with it all political freedom. In 1971, in the aftermath of inflation, the American President Nixon resorted, likewise alleging a matter of necessity, to similar price controls to which the similar result of a regulated economy has obtained. In 1973 following an economic crisis manufactured for its public impact, a legislature is again preparing to virtually delegate itself out of existence, proving that having failed to learn thelessons of the past, we are doomed to repeat them. For the past two years, the nation has struggled under the burdensome wage and price controls of the Economic Stabilization Act, whose only achievements, according to a detailed survey the National Association of Manufacturers recently took of 2300 member firms, seem to be production disruptions, critical commodity shortages, lower capital investment, and hindered foreign trade. Along comes the current fuel crisis, for which price controls are more causative than the Arab embargo, and up pops President Nixon to lay blame upon the consumer for his excessive appetite for light and heat. And up pop Congressional Democrats to lay blame upon the oil industry for its excessive appetite for profits. Everyone, it seems, is up and popping for the National Emergency Energy Act, the effect of which would appear to be the permanent adjournment of Congress and the subjection of the American public to the stroke of a Nixonianpen. Der Reichstag ist burning. Washington is, in short, reacting the way Washington always does to a crisis of its own making: the politicians Guest Column are demanding more government regulation when, in production must, if the logic of controls is pursued to the reality, it has been similar regulation which generated the limit, fall victim to regulation, for if any were left i uncontrolled, capital and labor would flow into its manufacture while creating further shortages of controlled Economic Syllogism commodities. At that point of full controls, prices, wages There is indeed a certain logic to this, the type of logic and interest rates remain only as quantity relations in the which leads from Bruning's price controls to Hitler's government's orders, and the market economy has been enabling legislation, or from the Economic Stabilization replaced by a particular form of socialism, thai of the Act to the Emergency Energy Act. Bruning's economic Zwangswirtschaft pattern. crisis. advisors and the drafters of the Stabilization Act both undoubtedly pictured themselves as steering a middle course in their respective crises, a middle course somewhere between a market economy and a controlled economy, in the belief that price controls are morepalatable than a socialist economy yet just as effective against market fluctuations. Nevertheless, the logic of price controls has proven, to the puzzled dismay of the planners, to be a "syllogism" yielding that same unpalatable conclusion, the controlled economy. As demonstrated by the Austrian School of economists, attempts to fix price ceilings on what are considered to be a few essential commodities result in marginal producers of those commodities incurring losses and hence discontinuing production, causing shortages of the very commodities the ceilings were intended to protect. The government then, if still interested in pursuing the logic of price controls, must expand its controls to those factors of production necessary for the essential commodities, so as to keep the costs of those factors low enough that marginal producers of the preferred commodities will no longer suffer losses. But the development again only repeats itself, and government must continually expand controls to ever remoter planes of production. Eventually, all consumer goods and factors of Fascism as Economy Due largely -to the semantic contortions of Kremlin propagandists and New Left sloganeering, it has become almost impossible to study fascism as an economic system, for all too often political denigration has obscured the fad that fascism has historical antecedents as a particular economic system and did, in the course of its ascendancy, itself advance claims to uniqueness. When Mussolini, a life-long socialist, began to construct the economic foundations for the first fascist stale in 1922, he seized upon the historical antcccndcnt of guild socialism as the philosophy for his own "corporate statism," which distinguished itself from Marxian socialism by nominally retaining private ownership while investing all control in the state. The fiction of a market economy was preserved, but the system was socialist to the core. With the axis alliance, Mussolini sought to model corporate statism more closely to the National Socialist Zwangswirtschaft, the "compulsory economy" wherein private ownership nominally existed under totalitarian slate control. Other fascist states followed suit, making the Zwangswirtschaft pattern the distinguishing characteristic of fascism as an economic system. In each case, moreover, the rudiments of that system were laid under non-fascist governments, such as Bruning's, with the institution of comprehensiveprice controls. continued on page 4 Farewell to Stanley H. Fuld by Herald Price Fahringer On December 31, 1973, Stanley Fuld left the New York Court of Appeals and took with him more than a quarter of a century of judicial grandeur. Much has been written about his retirement, and yet I am unable to find any words large enough to carry the feelings of thoseof us so saddened by this enormous loss to our government. Nevertheless, I am compelled to add a few words to the thousandsthat have already been recorded. During the threedecades Judge Fuld occupied a place on our highest court, he left a shining trailof opinions and judgments through 50 volumes of the New York Reports. He charted a course across virtually every province of the law, and his voice carried to every corner of this country. There is not a section of the New York law that does not bear his imprint. Although he labored tirelessly at improving all phases of our legal system by making it more humane and civilized, he will be remembered most for his devotion to human rights. He believed that people mattered more than dogma, compassion counted more than righteousness, and thebest test of government was its humanity. He gave his genius to thepoor, the wronged and the disadvantaged. He was their champion. It would require several volumes to adequately discuss the deluge of decisions left in the wake of Judge Fuld's career. However, no tribute to him would be complete without mention of a few of his landmark decisions. He led the children out of the darkness of a medieval children's court into the daylight of due process by insisting that they, like adults, be presumed innocent and be proven guilty beyond a reasonable doubt.1 Deeply committed to thisbelief, he held out against the rest of the court until his views were unanimously supported by the 2 UnitedStates Supreme Court. He guaranteed to men accused of crime stranded behind the locked doors of police precincts the right to counsel. 3 In his eyes no life was worthless. For he believed that "the worst criminal, the most culpab|{ individual, is as much entitled to the benefit of 4a rule of law as the most blameless member of society." He was confident that equal treatment under the law was the primary index to a nation's civilization. He had a high regard for the right of privacy and was convinced that the fourth amendment meant what it said. Consequently, he held ihe police to high standards of of investigation and would not tolerate the exploitation 5 evidence unlawfully acquired by the state. Although recognizing the need for carefully controlled electronic surveillance in the investigation of crime, he warned for history to remember a man, then no man is worth prosecutors about the danger of inflaming federal-state remembering. relations.6 When the "law and order" syndrome became popular, some judges panicked and retreated from FOOTNOTES constitutional principles, but Judge Fuld stood steadfast. The bright glare from his fearless opinions lit up the entire 1 In re Winship, 24 N.Y.2d 196 (1969), dissenting opinion. firmament of the criminal law and could be seen as far 2 away as Washington.7 In re Winship, 397 U.S. 358 (1970). Judge Fuld stood guard on the furthermost frontiers 3 swept by the storms of public People v. Donovan, 13 N.Y.2d 148 (1963); People v, of the first amendment, reproach, protecting what the rest of us should be allowed Dißiasi, 7 N.Y.2d 544 (1960); People v. Waterman, 9 8 to read and see. For he had an abiding faith in the N.Y.2d 561 (1961); People v. Huntley, 15 N.Y.2d 72 public's ability to choose between the bad and the good. (1965). 4 creating pornography Judge the hard-core Fuld In test, People v. Donovan, 13 N.Y.2d at 154. designed a new method of measuring obscenity which was applauded by scholars all over the country, was 5 People v. Rodriguez, 11 N.Y.2d 279 (1962). acknowledged by the United States Supreme Court,9 and 6 People v. Dinan, 11 N.Y.2d 350 (1962); People v. was adopted by the Supreme Court of California. 10 When news reporters were cast out of the courtroom McCall, 17 N.Y.2d 152 (1966);Pe0p/e v. Kaiser, 21 N.Y.2d 86 (1967); People v. Cohen, 18 N.Y.2d 650 in a celebrated New York trial, he rushed to theiraid and (1966); People v. McDonnell, 18 N.Y.2d 509 (1966). reinforced their right to comment upon public trials.1' He also voted for a lawyer'sright to harshly criticize judges, 7 because he believed that the riggings of our judicial system People v. Spano, 4 N.Y.2d 256 (1958); Spano v. New and the men who man those ships of state were of York, 360 U.S. 315 (1959). 3 sufficient stature to withstand such public comment.1 8 People v. Richmond County News, 9 N.Y.2d 578 He could not bear seeing lives placed in needless (1961); People v. Carlos, 24 N.Y.2d 865 (1969),rev'd, danger. He was convinced that "the rule of non-liability is Carlos v. New York, 396 U.S. 119 (1969); Larkin v. of with the life about variance with us, out tune at G.P. Putnam's Sons, 14 N.Y.2d 399 (1964); Burstyn v. modern-day needs and the concepts of justice and fair Wilson, 343 U.S. 495 (1952). dealing."13 Therefore, he had clapped in irons the insufferable guest rule which prevented Americans 9 Manual Enterprises v. Day, 370 U.S. 478 (1962); traveling in Canada from suing their hosts. 14 He broke Gtnzburg v. UnitedStates,3&3 U.S. 463 (1966). down the ancient barricades protecting hospitals from 15 liability for harming others through their carelessness, 10 Zeitlin v. Arnbergh, 59 Cal.2d 901, 383 P.2d 152 and protected small shareholders from the misuse of (1963). "insider" information. 16 He was not afraid of his office. Oliver v. Postefl, 30 N.Y.2d 171 (1972). And when he was finished our world was a better place in 1' which to live. 11 In re the justices of the Appellate Division, First Those of us who never knew -the court without him Department v. Erdmann, 33 N.Y.2d 559 (1973). regret deeply his being taken from us so discourteously large judicial left of life and while there is still such a sum 13 Blng v. Thunlg, 2 N.Y.2d 656, 667 (1957). talent. We wonder what we will ever do without him. But the people who will most severely feel his loss are the 14 Babcock v. Jackson, 12 N.Y.2d 473 (1963). injured, the impoverished, the ignorant, the young, the powerless, the friendless, the unpopular, and the wretched whom he watched over so carefully. The uncelebrated 15 Bingv. Thunig, 2 N.Y.2d 656 (1957). millions of little people, who oddly enough never knew his name, will miss him most of all. And if thatis not enough 16 -Diamond v. Oreamuno, 24 N.Y.2d 494 (1969). �January 9, 1973 Opinion 4 Joyce Teaches BAR/BRI Ist Year Protests continued from page 1 the grading system, changing it from a four-tier to a five-tier structure with the addition of a than grading alone, situations* ranging from the extent of Faculty authority to the basic philoso-': phy of legal education. Q+ grade. Earlier in the year, there had As indicated in two early pro- been indications of freshman dispetitions, the protestors test ob- content over administrative planjected that it was unfair to impose ning relating to class size and the the.new system on a class which decision to install the snack bar in had never been consulted prior to locker rooms previously used the decision, had received no ad- largely by freshmen. vance notice of its implementa"The discontent has been builtion, and had relied upon the for- ding, just beneath the surface," system's both commented standards, one SBA representamer in selecting the Law School and in tive. "The grading decision, impletheir fall semester performance. mented unannounced and right A number of studentsactive in before finals, just threw the spark the protest appeared, in discus- into the powderkeg." sion with Provost Schwartz, motiOther SBA sources indicated vated by fears that the five-tiered that they felt that the Faculty decision grading system might encourage on December 5 was not increased academic competition, carefully consideredbut rather reto which they were philosophical- sulted from longstanding Faculty frustration with recurrent atly opposed. When the Provost volunteered tempts to revise the grading systo answer questions from the ap- tem. The sources expressed the proximately forty freshmen atten- hope that the Faculty would reding the SBA meetings, a number medy the failure to consult the of protestors revealed their dissa- first-year class by accepting the tisfaction with situations other APPC recommendation. Joint Degrees continued from page 1 social sciences departments would, according to their present policies for Ph.D. candidates, provide support for no more' than four years, while the fifth year would be supported by Baldy scholarships or other funds. As nominated by the Law School's Committee on Committees, faculty selected for the Advisory Board include Provost Schwartz, Barry Boyer, Marc Galanter, Daniel Gifford, William Greiner, Robert^Gordon, Al Katz, Norman Rosenberg, and L. v Thorne McCarty. • Waiver Forms to be Available Fee waiver applications for the second semester must be filed no later than the Friday of the second week of classes of the second semester. Applications for fee wai- vers will be available in the SBA office not earlier than the first day of classes for the second semester. Criteria for fee waivers will be posted around the school. the GADFLY .. continued from page 3 Even so, it will probably be argued, it couldn't happen here, not in America with its long history of democracy and free enterprise. Nevei*, not in America Let the left-wingers scream all they want about fascist oppression. In an article appearingrecently in the HarvardBusiness Review, C. Jackson Grayson, who knows the effect of controls from his experience as head of the Phase II Price Commission, wrote in reference to the long-termeffects of controls that "the resulting system will probably not have widespread public ownership of production and distribution, but it will have public control." Private ownership, but public control Zwangswirtschaft corporate statism fascism, it is happening here, right here in the U.S. of A. .. . . .. State of the Union: Unabridged Version Surely there are those who would not find Grayson's prognosis conclusive, who would be incredulous at the suggestion that well-intentioned liberals have resurrected corporate statism. They would demand to know where, if this be "corporate statism, there exist the corporative councils of fascist Italy or the Betriebsfuhrer structure of Nazi Germany, the mechanisms whereby labor and management were forced into government corporations. Senator Vance Hartke has the answer. Lauding the "most massive restructuring of any type of corporation" in the nation's history, Senator Hartke recently announced the outcome of a December Senate-House conference on the United States Railway Association bill, a measure which would absorb railroads in a 17-state area into a government corporation supported by $1.5 billion in federal loans. The composition of the corporation: "the Federal government,rail management, rail labor." It w,ould warm the cockles of II Duce's heart. Perhaps President Nixon will give us the true State of the Union later this month OneNation, Under Controls. - -LEVI continued from page 1 problems of law which it is felt will figure strongly on the bar exam. Emphasis is placed on familiarity with the types of bar exam questions which appear, and with the areas of law traditionally stressed on the exam. This year, for the first time, the Marino course is developed and taught by Mr. Marino and a few associates, rather than a staffculled from law schools. The course costs $200, and is available from Marty Miller. Last year, 87% of Buffalo students taking the course passed the bar. BAR/BRI is billed as "thebest of both worlds." With a staff of lecturers and legal scholars from the thirty states in which BAR and BRI operates to choose from, the course offers complete outlines of New York law. 13 of its 16 lecturers are from New York state, chosen for their teaching ability. In addition, the course offers a complete "Directed Test- ing" program designed to acquaint the student with New York bar exam questions, and to prepare him for the bar exam experience itself. Emphasis is placed on specific areas of law stressed traditionally on the exam. The course costs $200, and is available from John Levi, Lance Mark, and Nat Wong. Last year, 8 of 11 Buffalo students who took BAR/BRI passed the bar exam; 88% of the students who took the course statewide passed the exam. Moot Court Readies Teams Maying selected twenty-five candidates from the thirty-six freshmen and juniors who competed in this year's Desmond Competition, the Moot Court Board has currently divided into teams and launched preparations for this spring's four interscholastic competitions. The Board has already begun research on the international law problem of the traditional Niagara Competition, in Which U.S. and Canadian schools participate, and candidates researching the briefs have been constrained to work over vacation and intersession breaks in order to meet the brief deadline of February 4, the date second semester commences. The competition itself is scheduled early in February. Research has also begun on another international law competition, the Jessup, whose regional, national, and international rounds commence the first week of March. That same month, another Moot Court team will be entering a Patent Competition in Washington, D.C., the1specifics of which remain nebulous at present according to board members. The Board is planning, for the first time, to sponsor a competition of its own at the Law School, which competition will involve a tax problem being formulated by Greiner Resigns Bill Greiner has submitted his resignation as Associate Provost, effective September 1, 1974, and Provost Schwartzhas accepted the resignation with deep regret. In a memo to the Faculty, the Provost expressed his appreciation for "all of the efforts that Bill Greiner has contributed toward the successful development of the Faculty." Professor Kenneth Joyce. Sched- uled for early in April, the Tax Competition has involved five candidates working on administrative preparations, in addition to the five theboard usually assigns to research the team's brief for a lected this spring, the Board members will, after having evaluated candidates' performances in their assigned duties, decide which to admit to the Board next year. According to present policy, the School will award three crecompetition. dits to those who both work on a S c I ected to chair the four competition this spring in a reteams have been Board members search capacity and actually argue Gary Schmitt for the Niagara, Jo- in a competition next year. Norseph Burden for the Jessup, James mally, the work is apportioned so Devoy for the Patent, and Benjathat Board members argue and write the briefs, while the candimin Idziak for the Tax. among From the candidates se- dates perform the research. Feature Editorial by Kay Wigtil After many complaintsby students, a cafeteria was finally installed in the law school last month. Since that time, the environmental quality of the second floor has deteriorated drastically. The tablesare covered with empty crushed styrofoam cups, papers, and uneaten food,while the wastebaskets go hungry. Although we recognize the fact that law students are tiredaround exam time, we believe they shouldbe able to walk two to ten feetand lift their arms up to throw away their garbage. The responsibility for keeping the cafeteriaclean shouldbe taken more seriously. In this connection, we urge all students to clean up after themselves. We also urge that students follow the example set by some of the faculty by bringing their own mugs for coffee, or by reusing styrofoam cups during the day. Wanted: Opinion ? Sometimes we doubtit. We, by the way, are Opinion editors. Our number is few and getting fewer, yet we still manage to publish an issue every 3 weeks. Just barely, whichis the point of this appeal. Next semester,'there will be a number of editorial and staff positions open to interested students. Journalistic skills are always welcome,but interest is enough. Quiet our doubts. Show us Opinion is wanted. It's your paper. Join it. WANTED:staff Photographers News Reporters Feature Writers Business & Advertising Layout Drop by or leave us a note. Room If you want us, w« want you. SportsReporters 623. � 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, 1974-01-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/9/1974 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 15:44:00 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/2a7bc3adbfa438156f6cfefc673a4292.pdf 94c24827aeb86709bc74fe5ac209d588 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 14, Number 7 State University of New York at Buffalo School of Law Ketter Reorders In a decision announced over Law School intersession, University President Robert L. Ketter effected a major administrative reorganization which places the Faculty of Law and Jurisprudence under the office of the Graduate Dean, Dr. McAllisterHull. The administrative reorganization has led to the formation of an Academic Cabinet, composed of vice-presidents and what are designated "University deans," which will hereafter advise Ketter on a broad range of areas, including academic programs, interdis- ciplinary cooperation, budgeting, and faculty personnel decisions. The increased responsibilities given the University deans, such as Dr. Hull over the Law School, were needed, according to Ketter, because of the President's feeling that the former system relying heavily on the seven provosts did not afford sufficient coordination and wide perspective. The one reorganization particularly affecting the Law School is Ketter's decision to delegate jurisdiction over a I f professional schools except the Health Sciences to the Dean of Graduate Education. Previously, the provosts of each of the University's seven faculties reported to Ketter through the office of the Academic VicePresident, Dr. Gelbaum. Under the reorganization, the various provosts will be reporting to the specific University deans given jurisdiction for their schools,who in turn will have direct access to Ketter as his Academic Cabinet. Questioned in the Reporter as to the effect of adding the professional schools to the responsibility of the Graduate Dean, Pres. Ketter opined that "the significance will develop in a number of different ways depending upon the professional area in question." Basically, however) the purpose of the merger was, he continued, "the need for centralized information about the operation of our programs," placing emphasis on improved coordinationand increased interdisciplinary interaction between graduate and professional programs. The President pledged that "the history and mores of each professional program" would be respected. Law School Provost Schwartz has told Opinion that he foresees advantages for the School from the new relationship under the Graduate Dean, denying that the School's autonomy has in any way been compromised. Noting that Dean Hull has "always had a friendly attitude toward us," the Provost said that the arrangement gives the Law School "another friend in court," with reference to the Hayes Hall administration. "There is no necessary incompatibility between the development of the professional program and the extension of our relationships with other parts of the University," he continued. "Each can complement the others." Specifically, the Provost disagreed with "the view of power as a fungible quality, to be gained by some only at the expense of others," saying that the Law-School will not lose autonomy under the Graduate Dean but rather gain in greater efficacy within theadministration. "The purpose of social organization," he philosophized, "is to optimize utilities so that any organization that in any orderly and effective way pursues worthy goals may contribute to a sense of efficacy for all participants." The latter, he said, was true of the Law School under the ... new system. The reorganization, Schwartz specified, will allow the Law School access to administrative resources it did not have before sim- ply because the Academic Vice- Presidenl could not coordinate all the programs in such a manner. Although some of the School's resources will be given the University deans so as to allow the administration to pursue preferred University-wide directions, "the vast bulk will remain with the faculties." Speaking of Graduate Dean Hull, Provost Schwartz noted his "general awareness of the philosophy of legal education" and said that "he probably has a very good understanding of the Law School." The exact relationship between the Faculty and the Dean, however, "is likely to be developing over time." Faculty Defers Q+ Grade, But Now in Effect Acting in response to widespread criticism and formal petitioning from the first-year class, the faculty early in January voted, though with some displeasure expressed, to defer implementation of the controversial Q/Q+ provision of the new grading system until the spring semester. Prior to the eruption of freshmen protests, the faculty had decided, at their December 5 meeting, to implement several changes in the School's grading system, including deletion of the HD, clarifying definitions of the D and F grades, and the addition of a Q+ tier between H and Q. The latter change, which in effect transformed the grading structure from four .to five tiers, was strongly contested by over 200 freshmen, w,hose< class was the only one affected by the change, in a petition requesting the faculty to defer the 0* grade pending the outcome of a spring semester referendum. In responding to this petition, the faculty agreed to defer use of the Q+ for fall semester courses but, in an interpretation made by Associate Provost William Greiner and accepted by the body, stipulated that the grade would be automatically instituted for freshmen in the spring "if. no further action on this is forthcoming," meaning that affirmative faculty action would be required to alter what is nowa five-tiered system. The Academic Policy and Program Commi t tee, which recommended the action adopted in January, has assumed the responsibility for conducting a student poll sometime in March to ascertain student sentiment on the grading system. Details of the poll, which would be purely advisory to the faculty, have not yet been decided. As of present, the new grading system is in effect only with respect to the first-year class. February 14,1974 Bldg. Dedication Set April 8,10 Administration by Ray Bowie / Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 by Gary Muldoon Monday's, will be primarily law-oriented. There will be special The ceremonies for the music composed and presented by dedication of John Lord O'Brian the Inns of Court for the law Hall have been scheduled for faculty and students, and friends Monday, April Bth and of the law school. The ceremonies Wednesday, April 10th. The main will take place during the speakers for the occasion will be a daytime, and according to Dean member of O'Brian's law firm, Marjorie Mix, classes may be and former Chief Justice of the suspended for the festivities. U.S. Supreme Court, Earl Warren. Both ceremonies will take On April Bth, the law school place in the Carlos C. Alden Moot building will be dedicated in an Court Room, which, according to evening ceremony attended by Facilities Planning, will be totally University officials and dignitaries finished by the timeof the events. in the Alden Moot Court Room. The Moot Court Room only has a Included in the ceremonies will be seating capacity of 388, so seating the presentation of a portrait of problems are anticipated. John Lord O'Brian by Virginia However, a closed circuit Elliott, a local artist. There will be television will be provided for the an address by Charles A. Horsky, overflow crowd. a member of Covinglon and Prints will also be on display in Burling, a Washington, D.C. firm the library of lawyers in Western of which O'Brian was a member. New York history, as well as John Horsky will speak on O'Brian's Lord O'Brian memorabilia. Other contributions to thebar. side events are being considered John Lord O'Brian was a by the Planning Committee. member of the class of 1898 of Suggestions regarding any the University of Buffalo Law activities may be made by School. He was prominent in contacting members of the Buffalo and Washington legal committee, which is composed of circles and successfully defended Mr. Buergenthal, Mr. Hyman, Mr. the Tennessee Valley Authority in Wenger, Dean Mix, Provost the landmark case of Ashwander Schwartz, Tom Bailey, and Ed v. T.V.A. O'Brian died last yearat Manzb. The plans outlined thus theage of 98. far are tentative, and may change On Wednesday, April 10, Earl slightly. Warren will deliver the John Lord The dedication was originally O'Brian dedicatory lecture, on the scheduled for last October, but first anniversary of O'Brian's due to the non-completion of the death. The Wednesday building, had to be re-scheduled ceremonies, in contrast to for a later time. Master Plan Released, Will Be Discussed Within the next two months, according theLibrary. to a memorandum sent Opinion by ChairAs each section of the overall plan is man Barry Boyer, the Committee on Long- publicized, Boyer has invited students -Range Planning will be releasing for pub- wishing to offer comments or suggestions lication sections of a "comprehensive seven to contact one of the two student represen- plan for development of the Faculty of Law and Jurisprudence during the period 1974-81," in an effort to prepare students for an open student forum late in March at which the Committee will solicit student opinion on the completed docuyear tatives on the Planning Committee, Debbie Brodnick or Terry DiFilippo. The piecemeal releases will culminate late in March when the Committee hopes to adopt the entire plan and sponsor a student forum on the completed document. ment. Even after adoption by the Planning ComThe comprehensive plan being drafted mittee, the "master plan" would not take by the Long-Range Planning Committee is effect until formally adopted by the full equivalent to a "master plan" for the Law faculty. School, encompassing virtually every asIn addition to therelease of individual pect of its developmentthrough the end of sections to Opinion, Boyer noted that the the decade. "In order to maximize student Committee intends to provide an "execuand faculty input into the planning pro- tive summary" of the completed plan in cess," Prof. Boyer states that the Com- March, at which timeit, too, will be pubmittee will "release individual sections of lished in Opinion. the plan as they are completed and apOpinion has notified the Committee proved by the Committee," with copies that the paper will attempt to publish each provided Opinion and placed on reserve in section in full as it isreleased. �Opinion 6 February 12,1974 Letter to the Editor Editorials To the editor: Autonomy: Endangered Species at UB The recent administrative reorganization decreed by Uni- exceed many vice presidents' in the administrative structure. versity President Robert L. Ketter, in which the Law School Little is known by most faculty and students of McAllishas been placed under the Graduate Dean in the administra- ter Hull, the Graduate Dean who now also has responsibility tive hierarchy, strikes us as basically a step in the wrong for all professional schools except Health Sciences, and it direction within the context of a university center which has may well be the case, as Provost Schwartz has indicated, that already grown far too large and administratively hierarchical Dr. Hull may indeed become "another friend in court" for the Law School in Hayes Hall counsels. Even so, graduate for the good of any of its constituentelements. Though Ketter himself wants to gloss over the reorganiza- academic programs have long been Dean Hull's special intertion's significance with such nondescript terms as "coordina- est, and the question remains as to how much priority the tion" and "perspective," enough is known of its prospective professional programs can command under the reorganized impact for us to entertain serious reservations with regard to Graduate Deanship. the apparent surrender of local faculties' traditional jurisdicBefore further judgment, we perhaps should await forthtion over tenure, hiring, budgeting, and even academic pro- coming developments, but we can Justifiably at this point grams to the University deans, whose power now seems to mourn the apparent diminution of the School's autonomy. Bulletin Board Schizophrenia A point raised in a letter to the editor received for this issue spotlights what seems to us to be a glaring inconsistency in the pedagogical habits of a large number of faculty. Toward the end of each vacation period, give or take a few weeks, certain faculty can always be counted upon to begin the semester before the School does, peculiarly in the fashion of hiding little notes amid bulletin board clutter for the purpose of assigning homework even before many students have yet returned home, much less thought about semester's work. While making like the Grinch who stole Christmas (not to mention a good part of the summer), the pedagogical martinets who demand daily bulletin board surveillance from supposedly vacationing students are oddly enough often those same faculty who skillfully avoid bulletin boards themselves when students are hungrily searching for some evidence of grades. Enough would seem to be enough where such habits are concerned. If the semester is not long enough to cover the Likewise, on the subject of assignments, little precious classroom time would be consumed if the instructor, with his own voice and in the physical presence of his students, were to issue his assignment or syllabus directly to his students, rather than through the awkward, inefficient, and increasingly unsuccessful medium ofbulletin board postings. With regard to the other element of this inconsistency, the general faculty abhorrence of bulletin boards around grade report time, law students, who presently must begin a semester with little or no knowledge of their previous semester's performance (or even if they are academically entitled to continue in school), might consider emulating the announced intention of the undergraduate student association to file suit against tardy or inconsiderate instructors, thereby putting their legal education to at least some good. In as much as the general University grade policy is to allow undergraduate and graduate instructors three days from the scheduled final exam to file grades, the Law School subject matter of a course, something is excessive with Administration would be remiss were it to continue to allow regard to either the syllabus of the instructor or the subject our own faculty more than perhaps ten to fourteen days to matter undertaken by the course itself, rather than with the submit evaluations of performances students have sweated v nseemingly-lengthy vacations some faculty appear to all semester to render. believe law students enjoy. Assignments clearly should be To do less would only be to sanction the capriciousness given only with the first convening of the course under which seems to characterize this faculty obligation to assignments are authorized. students. which such next . . . Accolades Due In Shining Contrast Congratulations, on the other hand, are due Ms. Pat Hollander of the Placement Office and Prof. Barry Boyer of the Long-Range Planning Committee for their solicitude for legitimate student interests. Ms. Hollander, whom the University should be giving its fullest support in light ofher critical importance to the Law School, has managed, in a few short weeks, to provide the student with a viable and still developingarray of placement services, including an upcoming series of career programs immeasurably better than the half-hearted efforts of pre- vious years. Volume Prof. Boyer, chairman of the Long-Range Planning Com- mittee, deserves along with the other members of the Committee, the appreciation of students for his earnest effort to keep students abreast of "master plan" developmentsand to insure their input into the final product. Kudos for both. 11111111011 V|JHHUIi 14, Number 7 Editor-in-Chief: Ray Bowie Managing Editor: Shelley T. Convissar Photography Editor: Chris Belling Alumni Editor: Earl S. Carrel Business Manager: John Lcvi Staff: Cheryl Pestell, Articles Editor: Skip Hunter Features Editor: Kay Wigtil Sports Editor: Skip Hunter, M.C. Gary Muldoon, Dave Stever, Terry Centner, Cynthia Lowney OPINION is published every third week, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Ttiird Class postage entered at Buffalo, New York. OPINION is funded by SBA from Student Law Fees. — — ic function of providing students with timely and accurate news coverage, Opinion has announced a series of publications policy changes involving chiefly an increased bi-weekly publication schedule and the inauguration of a weekly "Newsletter." For the spring semester, Opinion will endeavor to publish a four to eight page issue every other Tuesday school is in session, an increase from the traditional triweekly schedule of previous semesters. To cover the news and school calendar between issues, Opinion will assume responsibility for publishing the Law School's Newsletter, which had been edited by Mai ilia McCarthy of the administrative staff prior to her departure from the school in January. The "Opinion Newsletter" will contain a calendar of each week's meetings and events, administrative announcements, and late-breaking news items. All faculty, staff, or student announcements and calendar events may be submitted to Opin- Will run classifieds In the fine tradition of public service, Opinion wishes to announce a new policy whereby students are invited to submit classified ads for free publication in a classified section. Ads are expected to be concise, and accurate in terms of their representations. ... may be left on the Opinion bulletin board outside room 623, or slipped under the office door. Such ads ... Chris Belling Opinion Expands Coverage In order to better meet the bas- February 12, 1974 Once again as we return from our semester break we are confronted with assignments due on the day of our return. I was aghast when I walked into my first class as a first-year student only to find I was already twenty to fifty pages behind because I hadn't spent my vacation at the Law School checking the bulletin boards, but I've now redefined "vacation" to mean a few days off from classes when you're expected to note and read assignments anyway. Thereis merit in this habit the faculty has of assigning work to be done over a vacation. The layman who interprets the term "vacation" as complete freedom just doesn't know the workings of a law school. The faculty can hardly be expected to waste the first day of class, and we as paying students should be glad to get our moneys worth. (Whether it's rational to pay for mental anguish is another question.) All I ask is a little co-ordination. I checked (I really did) and found three assignments posted for me as of January 31, but, much to my chagrin, also found that the bookstore was on vacation until February 4 when those assignments were due. Use the library, you enjoin, but alas, one of the professors who gave two of the assignments didn't specify the titles of the texts. Anyway, enough is enough I'll do my "vacation" reading at home but; I'll be damned if I wish to inhabit a study carrel for even a few hours while "on vacation." I found a fourth assignment upon arrival today (February 4) which in all fairness migh t've been posted late Thursday or Friday, but remember, no bookstore until Monday. I certainly don't want the bookstore staff to sacrifice their vacations. They keep student hours. They're on our side. (?) So what do we do? It's my last semester so it won't happen to me here again (I hope), but someone, perhaps the administration or the faculty, ought to tackle this problem soon!!! ion editor Ray Bowie (room 623) or left with Cleo Jubulis in the Provost's office. Opinion has, in an attempt to obtain the cooperation of SBA organizations in meeting the increased publication schedule, appealed to such organizations to assist by notifying Opinion in advance of their activities or by submitting their own news items for publication. Needs Staff Opinion editors report thai the last issue's appeal for staff has been disappointing, with only two students volunteering response to their assistance to the paper. "We've lost' more staff this semester thai* we've acquired," they announced, "and unless that trend Avoid bulletin board clutter. reverses itself, we'll have to.begin Take advantage of a publication to cut back to once a month or you, the student, fund. even less frequent publication." �February 12,1974 Opinion 7 Faculty Considers '74- '75 Year The People's Progress In an effort to expand our appreciation for theprogress achieved aroundus, andhopefully to spur into action parallel ideas of our own, Opinion offers thiscolumn. We plan to provide topical notes on the progress of several movements on campuses, in work situations, in life. The excerpts below typify the kind of synopsis on each issue which we hope to print in each issue, but we depend on the active contribution of our student, staff, and faculty readers to keep the column up-to-date on a wider scope of movements. Contributions can be submitted to the Opinion office, Room 623, care of She/ley Taylor Convissar. Only if we share our knowledge can we all benefit from the action that knowledge can bring about. The following are excerpted frommaterial provided by the Project on the Status and Education of Women, Association ofAmerican Colleges, Washington, D.C. HARVARD BARS LAW FIRM FROM CAMPUS As a result of complaints of sex discrimination against the Boston law firm of Powers and Hall, the Harvard Law School's Committee on Placement has barred the firm from using the school's placement facilities for the academic year. Two female law students, claiming that a representative of the firm told them that he would not "be inclined" to hire women, filed formal complaints with the Harvard Law School Committee on Placement and the Massachussetts Commission Against Discrimination (MCAD). Because the firm has refused to answer any inquiries from HLS until the MCAD investigation is complete, they have been barred from the Placement Office. The Committee on Placement took similar action in April of 1971 against the New York firm of Parker, Chapin and Flateau, whose representative had allegedly told two women that his firm would employ neither women nor blacks. The Placement Office established this machinery to enforce its equal employment policy over three years ago, when women complained that they had no recourse against discriminatory statements made by interviewers^ HLS Assistant Dean Russell A. Simpson credits this move with significantly reducing "overt discrimination in the interviewing sessions." In a similar vein, the Equal Employment Opportunity Commission has ruled that female law students at the University of Chicago have been discriminated against by the school's placement service. Various federal laws and regulations forbid all college placement services from discrimina- ting against students. YALE GROUP TO STUDY STATUS OF MINORITIES WOMEN AND Yale President Kingman Brewster has formed a special review committee to examine the status of women and minorities on the faculty. The group will advise Brewster on recruitment procedure, hear affirmative action compliants, and study issues, such as childbearing and childrearing policies. MEN NEED LIBERATION TOO Today's young man often has difficulty fitting into the mold of the Hollywood muscleman or Romeo, or of Madison Avenue's Mr. Success. "It's enough lo drive a man to drink" says Wayne N. Johnson, teacher of a course in men's liberation at Temple University. His course is designed to teach men to "rid themselves of false standards and to recognize theirvalue as human beings." STUDENTS FIGHT SEXIST COMMENTS IN THE CLASSROOM A biology teacher during a class field trip passed by a junkcar and said, "Well, there's a woman's biggest contribution to the world." Another professor told a woman student, "Don't worry, with your body, you'll get whatever you want." And still another professor made this remark, "Now that there are perma-press shirts, dishwashers and garbage disposals, etc., women aren't needed." Would college professors in 1974 make such remarks about women or minorities or gay people? Yes, according to women students at Western Michigan University. To combat some behavior, the WMS Status of Women Committee has developed a form to send faculty who use sexist materials or make sexist remarks. Copies of the form may be obtained from AWMS, Student Services Building, Western Michigan University, Kalamazoo, Michigan, 49001. At the University of Wisconsin, a group of women medical students filedcharges of sex discrimination under Title IX of the Education Amendments Act, claiming that a professor's remarks showed disrespect for women medical students. The women backed up their claims with tape recordings. by Ray Bowie The first faculty meeting of the spring semester devoted most of the afternoon of February 6 to considerationsof course offerings, expected vacancies next year,and new facultyappointments. Speaking of the Governor's budget, Provost Schwartz described the Law School allocations as "generous," noting that the School would be getting three new faculty lines to meet the larger student body plus at least two additional lines representing interdisciplinary appointments with other faculties. With six or seven present faculty expected to have departed or be on leaves next year, the School is ultimately facedwith having to fill that many vacancies. Profs. Franklin, Davidson, and Rickert are listed as departures as of September, while leaves have been granted to Profs. Joyce, Greiner, Reis, Attleson, Kelly, and possibly Katz during either the fall or spring semesters. Chairman Herman Schwartz of the Appointments Committee reported that three applicants for faculty positions were recommended by the Committee, one with a specialty in tax and civil procedure, another in jurisprudence and torts, and the third in clinical and commercial areas. All the recommendations were handily adopted by the faculty, and the three applicants will be offered employment for September. The Appointments Committee, Schwartz said, has recognized the School's deficiency in the area of corporations and securities, and is currently searching for qualified instructors. The faculty also gave overwhelming approval to the Professional Practice Training Program, involving clinical education through simulated law firms (SLF's) for implementation on a two-year experimental basis starting in the fall. While feasibility depends largely on the $38,000 to $40,000 the School has requested from CLEPR, Norman Rosenberg announced plans to initially establish four simulated law firms, involving 16 students, with staffing provided by Profs. Kaplan, Boyer, Girth, and Rosenberg. Patricia Hollander, presently the School's Placement Officer, and a new faculty appointee may eventually staff two additional SLF's for a total of six firms. The simulated' law firms would provide clinical experiences for second-year students in a wide variety of legal skills and problems associated with a law firm. Eileen Greenbaum, a student representative to the faculty, has asked all students with comments or suggestions regarding faculty actions to deposit such in third-floor mailbox 74 (which has been taped open to allow access from the front), addressed to her c/o Opinion. Graduation Plans: A Report by Mark Mahoney Following several meetings, the Student-Faculty GraduationCommittee has made some significant determinations regarding Spring commencement. Generally, the committee is seeking a har- monious mixture of the formal and informal, with due regard for the better dictates of tradition. To this endit has been agreed that a program consisting of a brief, yet sufficient, and "formal" presentation of degrees and awards with whatever administrative comments by the dean, etc. as are necessary and proper followed by some sort of dinner or buffet, .would be appropriate. The usual "Commencement Address" would in this case be imposed on the latter part of theprogram and be delivered in "installments" by two members of the faculty and two members of the graduating class. These four short talks will be related to each other at least by the common occasion of their deliverance, but possibly alsoiby the design of the committeeoand/or the collaboration of the speakers themselves. Within these general determinations there are several particulars — — of concern. First, attire, or "how formal is 'formal'?" The unanimous feeling of the committee was that, even if the high cost of renting caps and gowns for this brief time does not conclusively persuade us against their use by the graduating class, having a dinner on our program which' will itself involve a not insubstantial cost does so persuade us. Faculty however, who to a great extent already have their own academic habiliments, are encouraged to wear them. Second, the Location and Date remain matters of nearly alarming uncertainty. The most desirable location wouldhave facilities large enough for the assembling and feeding of over 1000 persons. The most appropriate day for theprogram has been considered to be a Sunday by a perhaps pedestrian calculus based on the three following assumptions or conclusions: (1) Friday evening through Saturday afternoon are inappropriate due to religious considerations. (2) Sunday is better than Saturday evening in that those desiring to attend who, by their mode of transportation and distance of travel from Buffalo, are adversely affected by Sunday gas- oline station closings (assuming, of course, that such closings are then current) would rather come here late Saturday and leave early Monday than arrive Saturday afternoon and then spend all day on Sunday waiting for Monday morning. (3) Sunday is preferable to a weekday for this same group of long-distance travellers because those attending a ceremony then would be compelled to miss only one workday, Monday. Even without considering the possible logical or Constitutional objections to the above assumptions there is enough uncertainty with respect to the possible locations for the graduation ceremony insofar as feasibility and availability that, for the present both the location and date must be considered as subject to change. However, presently under consideration are, of course, the Statler, Kleinhans, various places in the University, and others such as the Aud Club and the Marine Building cafeteria. More definite is the date which is June 15, Sunday, the nearest Sunday after the time necessary for the grading of exams, etc. The third notable particular is the selection of the aforementioned speakers. (Though the sub- ject of commencement speakers is ther Valedictorians nor Represenone of general concern, the degrees tatives as such. Any talks given of individual concern are so var- surely will have the aspect of a ious that I will defer any apology valedictory, that being a farewell; for choosing to have speakers in- and all might represent generally timately involved with our law thoughts and emotions common school experience, as distin- to all concerned. Yet, to those guished from the common who are neither cynical nor es[though by no means universal] pecially romantic, commencement practice of inviting some legal ce- provides a unique opportunity to lebrity to deliver a chest-thumping reflect upon the significance of irrelevant, inappropriate, costly, our common experience and and I will therefore the committee hopes to and boring oration withhold my own and the com- secure as speakers individualswith mittee's opinions on that until special sensitivity for the meaning of the occasion and afso the desire they are called for.) The selection of faculty speak- and ability to share their reflecers will be through invitation by tions. the committee after a consideraFor the present, until more certion of the recommendations made to the members of the com- tainty is achieved with respect to mittee whose names are listed the location, and the method of at bottom by theirstudents and selecting students as speakers, it is faculty colleagues. The relatively hoped that recommendations for small size of the faculty and other speakers from the' faculty and considerations of policy make 4 thoughts generally concerning all such an abridged method of selec- of the above will be communication both possible and desirable. ted to the committee, whose The method of selecting stu- members are myself, Bob Bennett, dent speakers, however, which has Bill Brennan, Buffy Burke, Regnot been decided, may require ina Felton, Chris Greene, Skip some sort of ballottingor nomina- Hunter M.C., Paul Litwak, Jim tion/election procedure for a fair McLeod, Lester Sconiers, Tricia selection. In any event and in ei- Semmelhack and Professors Buerther case the committee seeks nei- genthal and Laufer. - —- �February 12,1974 Opinion 8 Placement Plans Activities Having only recently acquired and join Ms. Ange in discussions. fice has extended invitations to all a full-time placement director in the person of Ms. Pat Hollander, the Career Development and Placement Office has planned a series of informal visits by area attorneys designed to better acquaint students with the profession and career opportunities therein. On Thursday, February 14, Buffalo attorney Grace Marie Ange will meet with students over lunch, between the hours of 12:00 and 2:00 p.m. in room 212, to discuss matters of concern to students. The Placement Office has invited students to bring lunch On March 8, the Buffalo Law Alumni Association will sponsor Career Day, which will involve a program moderated by Buffalo attorney Robert P. Fine and featuring a group of attorneys representing various legal careers, including judicial clerkships, government service, and private practice as a sole practitioner and in small, medium-sized and large-sized law firms. As planned by the Placement Office, theprogram will also include discussion of how to apply for a position, the content of a resume, and employer preferences. Again, the Placement Of- CLEPR Assesses Clinic Early last week, the Law School hosted a two-day visit by Victor J. Rubino, Program Officer for the Council on Legal Education for Professional Responsibility {CLEPR), for the purpose of determining whether CLEPR would provide financial support for the Simulated Law Firm phase of a new clinical education proposal last week approvedby the faculty. The clinical proposal, first reported in Opinion last November 20, would involve furnishing clinical experiences to second-year students through participation in simulated law firms (SLF's) and to third-year students through actual client contacts or research, a phase designated the "practice part." The money being sought from CLEPR, a private institution devoted to furthering worthwhile legal education innovations, would partially finance the simulated [aw firm phase of the proposal, a phase clinical program director Norman Rosenberg termed "the hub" of the new program. Accompanied by Prof. Rosenberg, who has been chiefly responsible for the proposal, Rubino met privately with the Provost, faculty, and a number of interested students during his two-day visit. His recommendation on funding is considered a significant factor in whether CLEPR will provide the funds needed to get the program off the ground next year. Law Alumni Plan Dinner students for a program which will Hon. Rudolph U. Johnson, City Court Judge, has been appointed extend between the hours of 1:00 and 4:00 p.m. in a room to be Chairman of the 12th Annual SUNYAB Law School Alumni Association's annual dinner and awards presentation by Hon. Dolores announced. M. Denman, Judge of the Buffalo City Court and President of the Law The Placement Office also has School Alumni Association. Judge Johnson has announced that the invited students to use its services, annual dinner and awards presentation will be held Friday, March 15, including the Placement Board 1974, in the Buffalo Athletic Club. This year's recipients have not yet (now located outside Room 311), been announced by the nominating committee. The awards are given which lists full-time and part-time annually to three of the Association's members representing the job openings together with schedjudiciary, public service, and the practicing bar and will be presented at uled job interviews; Employment the dinner. Complimentary cocktails will be served at 6:00 p.m. Dinner will Resource Materials (such as information on law firms, courts, govfollow at 7:00 p.m. ernment agencies, corporations, Ticket Chairmen for the event are Harold T. Brand, Jr. and Franklin etc.); and consultation on pre- A. Stachowial. Grace M. Ange is Chairman of the Arrangements paring resumes. Committee and Samuel L. Green is Publicity Chairman. Requests for tickets should be addressed to Mr. Brand at 852-2850, and Mr. Stachowial at 852-6424. Spouses and guests are welcome. According t.o Provost Schwartz, the Law School is currently considering whether the simulated law firm phase "can be by Earl S. Carrel implemented on a large enough Sorry about missing the last issue, but all columnists have to take scale to make it worthwhile" to thc professional program. The a break now and then. An awful lot of good things are going to be Provost slated that although eight happening around the Law School and the Alumni Association in the simulated law firms were the near future and we hope to be able to give our readers a bit of a School's goal for the first year, preview. present conditions are such that a I had a long and very interesting discussion with Pat Hollander, a minimum of four simulated law very close friend and extremely competent person, who is now firms, involving at least 16 directing the placement, continuing legal education, and alumni students next year, would be functions for the Law School. It is about time one person, on the staff required if the program was to be full time, was responsible for these important areas. I have absolutely considered worthwhile, and that no doubts that Pat Hollander will do all she can to strengthen the this would be possible only with heretofore weak areas of the school. She is a lawyer, admitted in both CLEPR funding to the tune of New York and Missouri, a former faculty member in the School of Management, and spent several years with the Office of Continuing $38,000-$40,000. Education at ÜB. Any alumni who are interested in the activities of The decision of CLEPR should the school should feel free to call her at 636-2056. be known sometime in March. * about * * the excellent turnout at the It was heartening to hear Alumni Association luncheon held in connection with the New York State Bar Association convention in New York. There were quite a few the evenings and on weekends, or of our newer alumni present and that is certainly a good sign. leave a message for her on the * * * student message board in the first Is it true that a faculty member received a letter addressed to him floor lounge of the law school. here at O'Brian Hall as a member of the firm of John, Lord, O'Brian & Deadline to join ATE's programs Hall? is February 17, 1974. * the* dedication * of O'Brian Hall will be In all good faith it looks like A round robin tennis held in April. More details as soon as they becomeavailable. tournament is being organized by * general * managerof Zolte'sFurniture Bernard D. Welt, '20, former ATE for March in conjunction with a special "tennis evening" for died December 13, 1973. law school students, faculty and staff. Interested participants are Omar G. Olds, '24, former attorney for the North Collins and encouraged to get in contact with Lake Shore Central School Boards and former partner in the firm of Pearl. Saperston, McNaughton & Saperston (now Saperston, Wiltse, Day & Wilson) died January 8, 1974. Alumni Line ATE Offers Tennis Clinic The ATE's ,, Midnight Special, ATE (Association of Tennis i Enthusiasts) is offering its final set second program, is featured for of special discount priced tennis the first time this year. Another programs for Winter '74, ten-week program, the Midnight Special will operate on Friday beginning Feb. 17, 1974. ATE's first program is a evenings from 12 midnight until ten-week tennis package for 1:30 a.m. for both singles and $35.00 per person for a doubles tennis play, for $2.00 an guaranteed hour and one-half hour per person. Total price per hour of weekly tennis. This i person for the entire program is program is available evenings from i $30.00. Full use of the BTC 10:30 p.m. to 12 midnight, and ! facilities is included. : : > Individuals and groups includes full use of the facilities (sauna, dressing rooms, and bar) I interested in playing winter tennis should call Pearl at 882-2845 in at the Buffalo TennisCenter. Turn of the Screw by lan DeWaal Some major changes in the procedure for awarding financial aid for next year are currently under discussion. The University Committee on Financial Aidis taking a close look at both the philosophy behind financial aid and the way that philosophy should be implemented. Several considerations have prompted this discussion. One is the fact that while the number of applications for financial aid has increased over the last few years, the amount available for awards has decreased. Another catalyst was the wish to coordinate the financial aid rulings and decisions that have been made over the years and to organize them into a coherent policy. The policy change which would have the most effect on law students would be the proposed alteration of the use of different student budgets for determining what a financial aid award should be. During the past year, fourdifferent budgets were used to judge need for the same number of student categories. These were corn- muter, independent, resident and married student budgets. For next year, it is almost certain that the number of budgets used will be reduced to two or three. This would be accomplished by merging the independent, resident, and possibly even the married student budgets into one category. The reasoning behind this has been that expenses for a student living away from home, whether independent or dependent would be the same. As far as the married student budget is concerned, a philosophical debate has arisen as to whether in the face of limited funds, the University should be subsidizing marriage. A whole host of issues is concurrently raised as to how much income of either partner should be considered in determining an award if married students aren't to be allowed extra expenses in determining need-Discussion is also focusing on how much income a student should be expected to provide toward the cost of university education. This discussionhas also involved the problem of determining when a student is truly financially indepen- * * * * * * � Hon. Walter J. Mahoney, '32, State Supreme Court Justice in the dent. In the past, some people Eighth Judicial District has been appointed to the Appellate Division, have claimed financial indepen- Fourth Department. dence and have then said they * * * have no resources to contribute to Harold A. Adel, '35, partner in Buffalo firm of Adel and Collins their education. Since the Univer- died December 26, 1973. sity is not meeting total need re* * * quirements of students in any Ruth D. Vogel, '38, City of Tonawanda judge from 1956-1968, case, the question then arises, if died December 5, 1973. the university is not going to fill * '38, * formerly with the firm of your requested need and you have Richard F. McDonough, no resources, where is the rest of McDonough, Boasbert, & McDonough has been appointed confidential the money coming from? clerk to State Supreme Court Justice Michael F. Dillon, '51. The Committee is considering * * to the Erie County Attorney the minimum contribution figure Carlton F. Hengerer, '49,*assistant expected from independent stu- and former Town of Evans justice,died December 9, 1973. dents; whether there should be * * * one, and if so, how much. Some Hon. Charles J. Gaughan, '50, State Supreme Court Justice has figures being tossed around for been named Administrative judge for the Eighth Judicial District. law students range from $500 to Justice Gaughan is a former Hamburg supervisor and town justice, $1,000. former assistant Erie County District Attorney and served as an Erie I would appreciate getting County Judge from 1963 until his appointment to the Supreme Court some immediate feedback on in 1968. thesediscussions as the committee * been * appointed * Thomas G. Kobus, '69, has must finalize its decisions for next Counsel to the Mayor year as soon as possible; no later of the City of Buffalo. Since his graduation from ÜB, Tom has than the end of February. received a Master's degree from the University of Pennsylvania's Please remember two impor- Wharton Graduate School of Commerce and Finance where he was a tant dates! February 15 is the last Joseph Wharton Fellow in Management andl a Samuel S. Fels Fellow in day to end a class, and Form UB local and state Government Administration. � of the Financial Aid application Frederick W. Steinberg, *'73, *is now working for the Court of for next year must be received by Common Pleas Pittsburgh, Pennsylvania. in March 1 the Financial Aid Office by * � 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, 1974-02-14 Alternative Title An alternative name for 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/1dd21cb5979119a0572cc6332db6957c.pdf 735315526bc3193719308d4f0839fa0d PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 8 State University of New York at Buffalo School of Law SBA Candidates Contest; Elections Wed., Thur. One of the most vigorously contested and unusual SBA campaigns in the School's history moves to a close tomorrow and Thursday as students go to the polls to elect new SBA executive officers, class directors, and an FSRB representative. For the first time in SBA elections, a slate, calling itself "Conference for an Active SBA" or CASBA, is running candidates for every seat up for election, for a total of 16 offices both legislative, executive, and FSRB. Independent candidates are competing with the slate for the presidency and the two vice presidencies, as well as for the class director positions,but slate candidateshave no opposition for treasurer and secretary. Don Lohr, heading up the CASBA slate, is opposed by independent Kathryn King for the SBA presidency, while Ray Bowie, likewise an independent candidate, is running against Laura Zeisel, slate candidate, for the office of first vice president, the. function of which is to serve as SBA's liaison with outside professional and law student associations. Mark Linneman, an independent, is contesting with Rosemary Gerasia of CASBA for the secondvice presidency, which represents SBA on Sub-Board and other university-wide bodies. and, barring the unlikely event of successful write-in candidacies, are CASBA candidates have cam- paigned together and generally stuck with their collective platform throughout, while the independent candidates have been urging students to examine candi- dacies on an individual basis and vote on their relative merits. Candidates for the executive offices have submitted statements which Opinion is publishing with this issue, pages 4 and 5. Students will also be participating in a grading referendum, the major questions of which will CASBA candidates Sara Zur- be a "yes-no" vote on the Chenda and Paul Equale are running grade and several grading options unopposed for the offices of treas- which are to be ranked in order of urer and secretary respectively preference. by Gary Muldoon equality produces. Tocqueville felt that this was necessary to protect that which is valuable, though not necessarily popular. In the twentieth century, this aspect of freedom is not under- stood. Hugo Black viewed freedom of speech as necessary to protect us from the excessive power of the few at the expense of the many. But why, asked Burns, is this necessary when it is the many that rule in a democracy? It is the few which need protection. The fundamental change that occurred with regard to the first Amendment started with Holmes, according to Burns, who saw freedom of speech as a device by which the will of the majority will be heard. Burns saw a purposelessness with regard to free speech today. William O. Douglas, currently the most outspoken civil libertarian on the Supreme Court, does not see free speech as being concerned directly with the protection of science, or the action of a talented few. Douglas sees free speech protecting not only this but all else too. Douglas is unconcerned with the consequences of free speech. The principle which was designed to protect the arts is now made by the Supreme Court to protect everything. Burns said that it was not by chance that today there is no art left worth protecting. With the case for censorship, it's the narrow-minded librarian and Comstockian figures who have made the case for censorship. But others, though less popularly known, have also advocated censorship. Rousseau was in favor of censorship in a democracy. A democracy requires of its people more restraint than with other forms of government. The more debasedhis subject, the easier it is for a tyrant torule. A second argument for censorship is with regards to the arts themselves. Censorship is required for the arts, for without it, the U.S. Postage PAID Buffalo, New York Permit No. 708 February 26, 1974 Master Plan, Professional Program Grading Referendum Miller's Swan Song ', p. 4 5 p. 3 p. 7 p. 2 regarded as shoo-ins for election. Burns: A Case for Censorship Professor Walter Burns spoke to the Law School last Thursday on censorship and its role in a democracy. Burns, currently teaching at the University of Toronto, was strongly in favor ofcensorship laws, for a variety of reasons. He spoke first on the case for freedom of speech, noting that the argument against censorship, while venerable, was originally quite different from the reasons espoused today. John Milton and John Stuart Mill favored freedom, but it was freedom for philosophic speech for which they were concerned. Mill did not argue for absolute freedom, but for freedom to protect that rare person, the "scientist," who is endangered by the tyranny of the majority. Tocqueville was also in favor of freedom of the press and found it to be more valuable in democracies than elsewhere, because it is the only cure for the evils which Election Statements Read and Vote Non-Profit Organization arts themselves will suffer. The work of the Supreme Court has, according to Burns, destroyed the difference between art and trash. Burns asked that, if this is so, is free speech good? Who wouldsuffer if Deep Throat is censored? The statement "I like it" is, according to Burns, rebutted by "We don't," because in a democracy it is the "we's" that count. Censorship also protects human eroticism, Burns said, by keeping it in the private sphere. Human eroticism can only exist in the private sphere, he contended "You can't make love in public." Humaneroticism requires the privacy that has been imposed willy-nilly in the past by censorship. It's not what Anthony Cornstock was trying to do, but an effect of his acts may have been that. Burns criticized the repealing of laws proscribing permissive sex, because the advocates of this repeal are advocating a sex that cannot be called human sexuality, but merely the stimulation of nerve endings. They are advocating sex abstracted altogether from its human setting, a sex where "it's all a question of friction." Sex laws have the effect of placing a "legitimate" or "illegitimate" tag on certain things, confining the illegitimate to the fringe. Theselaws have the effect of making vice difficult, but not wiping it out, which Burns felt had salutary consequences. — Provost Discusses Placement Issues Addressing a small audience of cited by the Provost before SBA, about twenty students, Provost another administrative spokesman Richard Schwartzbriefed the SBA interviewed by Opinion said last week on recent developments frankly that ÜB, particularly Exrelative to the School's attempt to ecutiveVice President Somit, had establish a functioning Placement misinterpreted the SUNY policy Office, the prospects for which to the Law School, thereby caushad been rumored to have en- ing some concern as to whether countered substantial difficulty. Pat Hollander had even been acEver since the Association of cepted for appointment. American Law Schools had critiAs a result of the personnel cized the lack of adequate place- snafu which had resulted in the ment services last year, the Pro- initial Albany rejection of the vost revealed that the administra- Hollander appointment, the Protion had sought a "dual director" vost informed SBA that Ms. Holoffice, one including both an "in- lander had not yet been put on side" placement officer to pro- the payroll but, since the matter vide everyday service to students had seemingly been resolved, that and an "outside" officer responsi- she wouldbe paid retroactively to ble for expanding contacts and January. opportunities outside the School. As for the "outside" placement "The bureaucratic roadblocks officer, the Provost appeared unare unbelievable," the Provost certain as to the chances of obcontinued, noting that the taining the second director in the School's first step towardthe dual near future. "As Pat was available directorship, the hiring of Pat Hol- to us," he noted, "the inside funclander for placement, had run tion got first priority," adding afoul of SUNY personnel proced- that an applicant for the "outures. side" directorship had withdrawn Though the School had sought his name from consideration. two non-teaching professional or The School had envisioned a administrative lines for the place- salary of under $18,000 for the ment directors, the best UB could outside director, which, the Prosupply at the moment was a vost admitted, "won't get us into "teaching line" for Ms. Hollander, the range of the best contacts, which the School was told could which might require a salaried pobe divided into 30% teaching sition of near $24,000." Even so, duties and 70% placement ser- prospects for an NTP line in the vices. What resulted, according to $18,000 range appear dim until the Provost, was "a misunder- 1974-75 or perhaps even 1975-76, standing between UB and Al- at which time, Schwartz said, bany" as to the convertibility of a "Hayes Hall has been talking as if teaching line to administrative they are willing to make a comfunctions, a misunderstanding mitment to an outside director." which was finally clarified by a In the interim, if another letter sent UB by SUNY Personnel teaching line is not madeavailable Vice President Kenneth MacKen- for partial placement functions, zie, in which UB was told that a the administration will seek to asteaching line must include at least sist Ms. Hollander with secretarial 50% teaching dutiesand only then services and graduate assistants. duties relating to "short-term ser- Attempts are being made to insure vice support." that her duties on the teaching Hence, the issue of Pat Hollan- line are retained as they are der's appointment was resolved to through next year. the extent that Ms. Hollander will Provost Schwartz added that be dividing her time equally, ac- "the Alumni Association is eager cording to SUNY policy, between to provide contacts for students," placement services and clinical particularly now that the Associeducation, wherein will lie her ation has established a functioning teaching duties. placement committee under EverAs for the "misunderstanding" ett Barlow. �February 26, 1974 Opinion 2 President's Corner The People's Progress In an effort to both communicate and encourage progress towards equality, towards justice, towards each other this column offers current notes on the status of movements and individuals working towards these goals. With regular contributions from the student population, we hope to keep up to date on a wide variety ofissues, within as well as outsideof our community. To contribute, on any issue, please submit brief notes to the Opinion office, room 623, or contact Shelley Taylor Convissar, 688-9126. The existence of this column, and this newspaper in fact, depends solely on the sharing of time and effort and intelligence we all contribute. This issue's notes are devoted to the gay woman and have been generouslysupplied by members of our school for our benefit. The selections are excerpted from the Ms. Gazette (February and March) and Dykes Unite —— (February). Position Lost Due to Panel Discussion on Lesbianism A psychology professor at Ames College in Greeley, Colorado, has charged in federal court that she was refused a second year contract because she presented a panel on lesbianism in one of her classes in "Psychology of Women." Susan Brown's brief states that the "nonrenewal imposes a stigma foreclosing other employment possibilities." Custody Fight Won by Lesbian Mothers Two lesbians in Lapeer, Michigan, have won custody of their eight children after a three year court fight against charges of moral depravity. Lapeer County Probate judge George Lutz dismissed the case against them at the request of Prosecutor Edward Meth. The defendants, Arlene Smith, 41, and Eunice Brown, 34, both divorcees, had been separated from their children by Marty Miller I remember that fateful day that I ascended to the Presidency of our Student Bar Association. Along with the title, which is not at all displeasing on one's resume, and the other assorted trappings of the office came a number of sizable tasks, some rather pleasant and enjoyable, others not so. Among the "not so" was the arduous task of writing the PRESIDENT'S CORNER for each edition of Opinion. I guess the old approach-avoidance curve is an Is ThereSuch a Thing as a "ReasonableWoman"? accurate theory because my column was always (almost A jury composed of women was ordered by the always) written the night before the ultimate deadline, General Provincial Court at the sessionheld September 22, except for the one occasion that the column was written 1656, at Patuxent, Maryland. The jury was composed of well in advance but I neglected to turn it in in time for seven married women and four single women who tried publication. Not ever having to write such a column before, I Judith Catchpole for the murder of her child. The order read, "Whereas Judith Catchpole being brought before the approached Opinion's Editor, Kay Latona, and queried as upon suspicion of Murdering a Child which She is to what she thought the contents of one such column Court accused to have brought forth, and denying the factor that should be. The response oft Opinion was it is whatever you She ever had Child, the Court hath ordered that a jury of want it to be. Someone from the staff enclosed a clipping able women be impanelled and to give in their verdict to from a California law school's student paper of a the best of their judgments whether she the said Judith somewhat similar column. That paper, which appeared hath ever had Child or not." about the same time as our last elections was likely the last What do yousay to that, Mr. Prosser? edition before the change of student administrations because it lauded the achievements of the past Workshop on the Problems of Gay Men and Women administration. I found the self praise to be somewhat Proposed disturbing. I guess if you do a good job it isn't necessary to The proposed workshop on the legal disabilitiesof gay tell everyone so; they should (theoretically) recognize that men and women, to take place during this semester at the fact. UB Law School, is still in its formative stages. It is hoped Therefore I shall not utilize this, my swan song, to that knowledgeable and concerned faculty and Buffalo be a eulogy for my administration. Certainly I hope that attorneys will join in an effort to informally discuss the we have accomplished some good, and I expect that maybe problems inherent in the legal system for gay people, from we even accomplished more good than harm. I believe that the criminal law to intestate succession, from family law to each one of you can and will decide for yourself the employment discrimination. attributes of the past administration you would prefer to Students, faculty and staff who are interested in this see continued, and those to be dispensed. endeavor should contact Shelley. Taylor Convissar (room Student participation in the affairs of school life, 623 or 688-9126) for further'ihformation. Any kind of the student/faculty committees, was increased this year help will be greatly appreciated. over past ones. Correspondingly, we often found ourselves facing seemingly hoards of applicants for but a few positions. I regret that we were unable to assign each and every applicant to a committee, but there simply weren't enough positions of the type in which people were most interested. There were, however, certain positions that ~ were and still are lacking for want of^applicants. since 1970. The children had been placed in otherhomes during the drawn-out legal battles over the issue of custody. The women complained that they couldn't find a local attorney to represent them. Finally, a lawyer from Flint, Michigan, William Hayes, agreed to plead their case. Alleged Attica Wiretap Under Investigation by Kay Wigtil Court Justice James 0. Moore issued an order to the Special Assistant Attorney General prosecuting the Attica prison rebellion cases requiring an investigation into possible electronic surveillanceof defense legal offices and personnel. In his opinion, Judge Moore held that the defendant's moving papers afforded "reasonable grounds to create a suspicion that the telephone line located in the office maintained by the Attica Brothers Legal Defense was, on November 15,1973, subject to interference which may have been occasioned by the surveillance of that line," and therefore "every effort should be made at this time to lay to rest any suspicion that electronic surveillance was maintained on the lines in question by any governmental agency." Last week State Supreme The incident which gave rise to the order was presented to the court on November 14, 1973 by defense co-ordinator Donald L. Jelinek. It occurred a week earlier, when Buffalo attorney Leonard J. Klaif, who represents one of the defendants, tried to call the central defense Prudential Building, receiving a busy signal each time. On his last try, he dialed, heard clicks, and then heard the voice of Linda ). Lucas, defense Project Director, in a conversationwith an unknown voice about obtaining living quarters. He hung up, dialed again, and the phone was answered by a defense worker who said she had just hung up the phone, and that Ms. Lucas could not have possibly been on the line, since she was in New York City. Contacted in New York, Ms. Lucas verified the fact that she had held conversation regarding living quarters from the defense office phone Klaif had dialed only a week before. A wiretap expert consulted by the defense said that it would be possible for all conversations to be taped on a recorder connected to a phone number which the intruder could dial to get playbacks of a conversation. With such a system, the wiretapper could have access to defense conversations from any city (Rochester, Albany, Washington) simplyby dialing the recorder's number. The state had opposed the proposed investigation as unnecessary on the grounds that no warrant for a wiretap had been issued. office from his office in the ' The past Distinguished Speakers Forum under the leadership of Tom Bailey, who was assisted both last and this year by Linda Kane, did a fantastic job in arranging for interesting speaking programs at the school. Unfortunately, the program which they struggled to develop is on the verge of collapse because no one seems interested in being the coordinator of speakers. Everyone seems interested in bringing in their one "pet" speaker, and I cannot fault them for that, but no one is willing to assume the overall responsibility. I hope that someone will come forward and assist the next administration with this most worthwhile program. SBA elections are here again. It's that time when we all are in the position to make a choice. Voting is not enough. It doesn't by itself qualify as participation in student government. Give the new administration your assistance, your time and support. The new President and the Executive Board will be faced with the same choices that confronted us twelve months ago. Direction can be despotic, almost dictatorial, or it can be participatory. The choice is very much up to you and the people you chose for the Executive Board and the Board of Directors. Consider each individual on his merits and decide accordingly. Guess I am weary. Twelve monthsis a long time and it's about time I returned to my original role of being a student, but before the clock strokes twelve, I would like to extend my heartfelt thanks to all the students, faculty Moderator for the program will be Robert F. Fine. and staff who assisted during this administration. I cannot Law careers of various kinds will be discussed by the find words adequate to express my appreciation. There is following Buffalo alumni: no question that none of what was accomplished could have been so without your help. a. judicial clerkship ~ Robert B. Conklin, formerly clerk to Judge John Curtin, and now of Hodgson, Russ, Volume 14, Number 8 flnininn Andrews, Woodsand Goodyear. February 26, 1974 b. Government agency Margaret ). Quinn, National Labor Relations Board; and Franklin A. Stachowiak, Managing Editor: Shelley T.Convissar United States District Attorney. Photography Editor: Chris Belling Articles Editor: Skip Hunter c. Sole practitioner in private practice Eugene C. Alumni Edilor: Earl S. Carrel Features Editor: Kay Wigtil Career Day Schedule The Career Development and Placement Office, in cooperation with the Buffalo Law Alumni Association, invites all law students to attend a Career Day Program on Friday, March 8, 1974 from 1:00 to 4:00 p.m. in room 112. The Buffalo Law Alumni Association has developed a program in two parts to help inform law students about variouslaw careers and how to seek jobs therein. Part one of the program will feature a number of Buffalo law alumni who will describe the particular kind of legal work done in the course of their day, the amount of specialized versus generalized work, the quality and quantity of work, the necessity of bringing in business, and the advantages and disadvantages of a particular field of legal work. Part two of the program will focus on seeking employment; i.e., what employers look for in a resume, what questions employers might ask at an interview and what questions might be asked of an employer, what part personal appearance plays in an interview, who does the hiring for a law firm, and what is the value of a summer clerkship in seeking permanent employment. UJJHHUII - Tenney. — - d. Small private law firm Samuel L. Green of Serotte, Hoffman, Haley, Green and Harasym. c. Medium-sized private law firm Robert P. Fine, of Williams, Stevens, McCarville & Frizzell PC. f. Large-s/zed law firm Charles E. Milch of Moot, Sprague,Marcy, Landy, Fernbach & Smvthe. Bernard J. Kennedy, g. Corporation Counsel Iroquois Gas. Banking Officer Trust Officer, Huber, h. James A. MarineMidland Bank Western. — - — — Business Manager: |ohn Levi Sports Editor: Skip Hunter, M.C. Staff: Cheryl Pestell, Gary Muldoon, Dave Stever, Terry Centner, Cynthia Lowney, Frank Buffomanle, Dennis Pasiak OPINION is published every third week except for vacations, during the academic year. It is the student newspaperof the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a nonprofit organization. Thiid Class postage entered al Buffalo, New York OPINION is funded by SBA from Student Law Fees. �February 26, 1974 3 LRPC Report on Professional Program The Committee on Long-Range Planning has released the first section of its seven-year plan for the development of the Faculty of Law and Jurisprudence. This first section deals generally with the future of the Professional Program, the basic curriculum designed to prepare students for the practice of law. In addition, there is an extensive discussion of the law school's role in developing or participating in programs of continuing legal education. In the next few weeks the Planning Committee will release other detailedproposals for specific projects within the Professional Program, including development of clinical/simulation courses and a special program in State and Local Government Law. There will also be a major report on the Legal Studies Program, the broad area of interdisciplinary teaching and research outside of the Professional Program. The Planning Committee wishes to emphasize that its proposals are currently in tentative form, and that any suggestions or criticisms by students, faculty, or staff members would be most welcome. Several copies of the available sections of the plan have been placed on reserve in the library. Students who would like to make suggestions should contact one of the student members of the Planning Committee. Due to recent personnel changes, the student members are now Debbie Brodnick, Bari Schulman, and James Gauthier. Importance of the Professional Program The central mission of the Faculty of Law and Jurisprudence is the training of the students in its program of instruction towards the J.D. degree in the exercise of the professional functions and responsibilities of lawyers. American society expects of its lawyers competence in an unusually broad range of functions, (a) The lawyer is perhaps primarily a problem-solver: a provider of both (b) The lawyer routine specialized services and advice is also a specialist in dispute process, skilled in presenting and arguing claims before both official and informal bodies, (c.) A& gpvernment lawyer, private, lawyer, legislator, lobbyist, or judge, the lawyer has an important role as an engineer of social policy, (d) Lawyers are managers of institutions, both public and private they are called upon to design policies for the operation of such institutions or for the regulation of others, and to implement or enforce them, (c) Lawyers are members of a self-regulating profession in a position of public trust, (f) Finally, lawyers are charged with a special mission beyond that of other citizens to be promoters of social justice and A. ... .. . . , . therule of law. Even those who, like the majority of lawyers, specialize in a particular field, must possess a variety of . skills. The more essential of these may be summarized as follows, (a) Craft skills. These include, first, analytic skills Second, interpersonal skills... Third, specialized literary skill. Fourth, what might be called the skills of Proteus or "intellectual imperialism" the ability to master complexes of facts in unfamiliar fields... (b) (c) Familiarity Knowledge of substantive legal doctrine with the legal process... (d) An understanding of the social, economic and political contexts in which law operates.. 1. Innovation in the Standard Curriculum: Prospects and Constraints This Faculty seeks to perform the functions of professional training through a curriculum that is, with minor variations, substantially the same as that of the better Americanlaw schools generally. The curriculum of the principal law schools now conforms with only slight variations from school to school to something like the following model: First Year. The principal emphasis is on training in skills of doctrinal analysis. This continues to be accomplished primarily by means of the study of appellate cases. The courses required are Civil Procedure, Contracts, Torts, Property, and Criminal Law. These fields are thought to lend themselves particularly well to analytical skills training. They are also thought to contain the important core concepts of law, the "building blocks" of a lawyer's substantive knowledge. In recent years the trend has been to reduce the claim of these required courses on the schedule, to import Constitutional Law into the first year, and to provide an opportunity for students to meet in smaller classes. Most schools also use the first year to give students instruction, in relatively small classes, in legal bibliography, research, and writing. Second Year. This might be called the year of the survey courses. As in the first year, large classes dominate. The curriculum consists in part of introductory courses in the technically tough practice fields. Organization of the curriculum is by categories corresponding to practitioner's — specialties and major social institutions (Taxation, Corporations, Family Law, Juvenile Courts)rather than by the textbook categories of the first year. Third Year. Again the "bread-and-butter" subjects dominate: advanced courses in the technically tough practice fields (e.g., Corporate Taxation, Estate and Gift Taxation, Securities Regulation, Land Transactions). The emphasis has very clearly shifted from that of general skills training to preparation for practice specialties. ambitions and methods have legitimacy, and the inclination to give scope for experimentation. Thereason for this may lie in the fact that under analysis, much of this division is over relative emphasis rather than fundamentals, and over the rate of change and procedures for bringing it about rather than over the need for change or its basic directions. — (a) TheDivisive Issue The First Year Early meetings of the Committee were devoted to a general discussion of the strengths and limitations of the present curriculum as a means for training lawyers. Out of these meetings emerged some general lines of division into positions that will here be treated as belonging to two camps. Reduced to essentials, the battleground of the quarrel was the first year program; and the two sides, roughly speaking, split between those who wish to preserve 2. Some Criticisms of the Standard Curriculum Current writers on legal education point to a pervasive uneasiness in the law schools, an atmosphere of uncertainty and conflict over future directions. (a) It is clear that the learning process becomes less efficient after the first year, and even after the first semester. Professor Stevens' studies of students in six law schools show a sharp decline after the first semester in the the first year in its present form and those who believe time and effort students put into law study, a decline that that it ought to be substantially changed. continuesuntil graduation. S i nee the early 19305, when students began (b) Areas of General Agreement regularly to complain of the tedium of the third year, the Aside from this one issue of the first year, the schools have attempted by various means to make the year Committee was able to secure broad accord on the a more challenging and interesting one. Probably more following general propositions: success has been achieved by projects, mostly student-initiated, to enrich and diversify extra-curricular 1. Traditional forms ofclassroom instruction are not activities related to law: law reviews, legislative research always adequate to train students in the full range of and drafting projects, part-time work for local attorneys, necessary lawyers' skills. Attempts must be made to foster research for professors, and so forth. The total numbers of and develop in the professional program opportunities for students involved in such projects, however, probably the training in such skills as interviewing, planning, rarely amount to more than a minority. In recent years, drafting, negotiation and advocacy. To this end this voices are more frequently heard to say that nothing can Faculty is committed to the expansion of its clinical rescue the third year, thatit has little value for the training programs and to the furthergrowth experiment with forms of lawyers, and that \t no longer should be required for of simulation. The Faculty should also encourage teachers admission to thebar. in regular courses to experiment with "problem" (b) The law schools provide a uniform, general approaches to learning with, that is, the organization of education in law; members of the bar perform diverse, courses around problems of the kind and complexity that specialized tasks. The issue for the law schools is: should a lawyer must deal with in practice, and which call upon all of them continue to perform, and to perform in the him or her for proficiency in the techniques and doctrines same ways, the singler function of preparing students for of several different legal fields. initial entry to" the bar, by means of a general education in law? Or should the schools attempt to diversify, some 2. While thus responding to legitimate felt needs for carrying on the old tasks, others converting to centers for more "relevant" and "practical" content to the the education of lawyers in particular specialties or for the curriculum, as an academic institution this Faculty can training of paraprofessionals? allow none of its enterprises to be carried out in a spirit of A related question, more modest but nonetheless narrow vocationalism. Its mission is not to substitute its important, is that of whether the uniform general own training for that which is more efficiently given in education of the schools adequately prepares their practice. There must be careful faculty supervision and graduates for the diversity of practices in which they are evaluation of clinics, internships, and simulation courses to likely to work immediately after graduation. ensure not only adherence to the highest standards of (c) An important and growing body of opinion, practice and of legal ethics, but also to the academic values which might be called "neo-realism", maintains that legal of rigorous inquiry and the seeing wholeof any enterprise research and writing are still excessively dominated by in which one is engaged. 3. The critical importance of the first year in the conceptualism and the study of legal doctrine through education of law students requires that it be given first call appellate cases. (d) A more particularized versionof the charge that on the resources of the professional program: priority not the schools fail to prepare students for the patterns of only in the numbers and quality of faculty members practice in which they will engage is that the model for the assigned to teach in it but in administrative respects such standard curriculum is one of training for practice in large, as scheduling. city law offices. This last becomes in the mouths of some critics a 4. The Faculty needs to undergo a careful rethinking complaint that law training in the schools is insufficiently of its relationship to the legal profession: to consider to graduates ill-equipped that draft what to extent it should provide opportunities to specialize in practical, are complaints, handle real estate closings, file motions, or practice fields in the j.D. program, engage in programs of represent clients in court. These critics often assert that continuing education of the bar, seek to make use of practical training has been sacrificed to excessively practitioners in its instruction, and so forth. It also needs theoretical or policy-oriented perspectives. to study the present and probable future organization of (c) F i nally, there are those who assert that thebar and methods of delivering legal services. education pluralism and innovation have gone too farand 5. The enormous expansion of the functions of that the lopping off of requirements and proliferation of electives has resulted in a random hodge-podge of government in recent decades has swelled the ranks of lawyers who work in government agencies or deal with offerings... Prospects for the Professional Program: A 3. them on behalf of private clients. Insufficientattention has General View been given in the professional program to analytic and descriptive study of what these agencies do, policy study If, as has been suggested, the American law schools of what they ought to do, and preparation of students to are undergoing a crisis of self-doubt, few of the evil effects fill jobs in which these things are done. Since the functions of that crisis have been registered in this Faculty. On the of state and local government are the least well contrary, visitors being interviewed for faculty understood, although the agencies of state and local appointments here have often commented on the rare government are those that our graduates are more likely to atmosphere of buoyancy and hope that they have found. work in or deal with during their careers, there is good In part this can be accounted for by our being housed in a reason for giving the study of these functions special splendid new facility, in part by the extraordinarypromise emphasis in the ).D. program. held out by our ability to undertake rapid expansion of 6. One of the ways in which this Faculty aspires to the faculty. Even more important, this is a Faculty that has formally committed itself to innovation, and has been make a distinctive contribution to American legal able to secure a surprising amount of agreement about the education is that of serving as a center for the study of the general directions in which we should change. Dispute social contexts out of which law develops and in whichit about the rates and kinds of change in the program of operates, and for the application of the results of such professional instruction here exist as they do in other research to the training of lawyers in the professional schools." But though there is dispute, there is also the program. Tobe continued next issue disposition to accommodate, to grant that the other side's * �February 26, 1974 4 Conference for an Active Stud't Bar Assoc. KathrynKing Presidential Candidate —Bufomante, I am running for the office of President because I feel there are a number of things that can be done to benefit the student body within the present S.B.A. structure. Rather than trying to enlarge the scope of S.B.A. power, perhaps to a point of conflict with faculty and student concerns, I feel the effort should be focused on using the pdwer the S.B.A. now has in the most effective manner. I am not going to promise that all the changes 1 advocate will be done, as that would be an illogical lie at best. But I can truthfully say that I do support the following ideas and, if elected, will work to see the S.B.A. act upon them. Beling Don Lohr, Presidential Rosemary Gerasia,2nd VicePres. President: Ist Vice President: 2nd Vice President: Treasurer: Secretary: Laura Zeisel, Ist Vice-President Sara Zurenda, Treasurer DON LOHR LAURA ZEISEL ROSEMARY GERASIA SARAZURENDA PAUL EQUALE 2nd Year Directors Ed Zagajeski Debbie Brodnick Bob Gottfried Pearl Tom Ist Year Directors Bette Gould Steve Kaplan Carl Howard Ruth Siegel BertSlonim JimGauthier FSRB: Carl Howard /. End the entire A, B, C, D, F, Pass/Fail dilemma by instituting a system whereby each student can choose which method he prefers. Many students need an A, B, C, D, F system for job reference purposes, and I want a Pass/Fail grading system for myself. We should both be allowed to choose the way in which our law school record will be evaluated. We recognize the need for more student input into curriculum decisions in- cluding: A. Advance scheduling of courses and the times they will meet. B. Extension of clinical programs. C. Clarification of requirements for jointdegree programs. 5. Faculty-Student Ratio Since the faculty-student ratio is extremely large, we vigorously support the hiring of additional faculty with affirmative action towards minority and women applicants. i6. Grading tee, C. That it will be mandatory for all We believe thatstudents should have an equal voice on all decisions regarding committees to present progress regradingpolicy. ports at each weekly meeting of S.B.A. 7. Communication Participation Student Law School 2. in Due to the evident lack of communiGovernance cation between students and their repSince the Faculty Student Relations resentatives, we-propose: power to recomBoard (FSRB) has the A. Bulletin boards in conspicuous lomend the number of students and nacations such as the second floor ture of their participation on Faculty cafeteria. Committees, we urge FSRB to provide B. Allocations of space for different for equal representation of faculty and in terest groups on the bulletin students on all Faculty Committees. boards. 3. Placement C. The posting of minutes of S.B.A. meetings after each meeting. We recognize that there is a crucial need for a full-time professional place- j 8. Miscellaneous committed to ment office and we are A. Because there are no provisions for the establishment of a dual director illness, a room should be allocated for health service facilities. At a system with the necessary supportive minimum, a quiet place to lie down services. continued page five 4. Curriculum - student representation on faculty com m i 11ees, as we!l as more faculty concern with student affairs. Frankly, I have no sure fire way to do this,but some ideas have got to be tried. Students should graduate knowing at least one faculty member well enough to have a resume written. And students should be consulted before the entire mess of the Q+ controversy arises again in another context. 2. A short term, small amount, student loan system should be instituted by the S.B.A. Students would be allowed to borrow money for emergencies without all the red tape of the present system on the main campus. 6. Why can't beer and wine be sold in the law school? This would undoubtedly be a 3. Something has to be done about the great source of revenue, as well as help ddlay in receiving grades. Unless a teacher relax a sometimes stiff atmosphere. has a special reason, a couple of weeks should be ample time to read the tests and 7. A school newspaper is necessary forlaw grade them. Undergraduate teachers many schoolaccreditation. Our newspaper could times read more tests than law professors, be better than it is. I think a lot more and usually have the grades out much people would be willing to contribute time faster. and effort to Opinion if they were not so tied down with other responsibilities. If the 4. There must be better student control editor and other principal officers were over where the fee we pay goes. I am told allowed a small form of remuneration, that many clubs have not touched their perhaps more people could take time to budget for the year yet. If the money is become part of the staff. Many other not necessary, it should be allocated to schools allow their newspaper staff to other areas, as the students see fit. If most receive salaries, and it is a bit unrealistic to students want more social activities, then ask law students to hold down a part time job, keep up with classes, have any kind of that's what the money shouldgo for. 5. Better student-faculty rapport has got Ist Year SBA continuedpage to six Margaret Wong OUTLINE OF POLICIES & PROGRAMS 1. Reorganization of S.B.A. Since S.B.A. has failed to adequately represent the student interests in law school affairs and has failed to account to the student body for its positions in areas vital to student concern, we propose the following: A. De-centralization of S.B.A. presidential power. Redistribution of policy making powers into S.B.A. committees. B. Each S.B.A. voting member shallsit on at least one standing committee and/or Faculty-Student Commit- Kathryn King be established. There has got to be better I do not wish to get into excesses of rhetoric, as that is all too common nowadays. A good student representative is simply a person who is willing to push for reasonable changes that would improve the lot of the students. This willingness is the all-important element. I believe that I have the necessary concern for my fellow students and would not just sit on the I am a Chinese girl from Hong Kong. I attended Ottumwa Heights College in lowa 1969, and then transferred as a pre-med in student to Western Illinois University in 1971. I went home and then travelled a while in the Far East before I started school here. I was elected a freshmen SBA director in October, and I have served on the Budget Committee. fence. 2nd Year SBA Jim Gauthier Since my first semester of law school, I have been concerned about the lack of correspondence between what is taught in these three years and what is contained on the bar examination. No doubt the elimination of most required courses after the first year is welcomed by most of us. However, the fact remains that the New York bar exam covers over two dozen areas of substantive law (as compared to eight in California). This incongruity is only pointed out by the fact that after six semesters of professional education, a two month crash course is needed to pass the bar exam. Ascertaining the reasons for these somewhat divergent positions is not an easy task. While I am uncertain how useful one individual can be in questioning the rationality of such a system, I am positive that an individualrepresenting law students w ill have more impact than one law student acting alone. An additional area of concern that I have is the development of a curriculum that has some chance of arousing interest and incentive and produces less boredom than the present one. The present clinical programs are aimed in that direction, yet something more is needed. I would like to take part in the development of this unknown area. The potential leverage of the SBA would'Be well suited for this activity. If these ends are to be accomplished, the best vehicle is an active SBA. I would like to be a part of that new SBA activism. �February 26,1974 5 C.A.S.B.A. Slate Ist V.P. Candidate Ray Bowie n should be provided for use of all neeting, and posted throughout the members of the law school com- s chool. The Executive Board as a whole s a hould meet once weekly to plan the agenmunity. B. Improvement of eating facilities; d Ja for the week's meeting. The proposed more vending machines and better tgenda should be posted at least twentyseating arrangements. f bur hours in advance of the meeting time. C. As safety measures, better lighting S.B.A. Committees The Standing in thebasement and parking lot. (■ Committees on Appointments, Athletic, OrientaGraduation, 3udget, Elections, i Tomorrowstudents will be going to the polls to determine not only the fate of SBA, but also the future of our relationships with other law schools and professional associations, this latter being the trust given to whomever will be elected Ist VicePresident. As a candidate for that office, I have stressed the importance and uniqueness of the Ist vice-presidency, endeavoring to construct .my campaign on the dual pillars of qualifications and platform. - POLICIES AND PROGRAMS PROPOSED t ;ion, and Social Activities should be mainReorganization of the Student Bar t lined. The standing committee on CurriAssociation c ;ulum should be disbanded, since it is dupIn recent years, the StudentBar Associ- I icative of the faculty-student A.P.P.C. A ation has been, at best, an inefficient voice lew standing committee on Facilities of student concerns in law school gov- s should be created. The Facilities commiternance. Rather than being an initiator of t tee should concern itself with problems constructive dialogue with faculty and ad- i arising out of the move to the Amherst ministration on areas of mutual concern, c :ampus, such as parking, shuttle service, S.B.A. has followed an apparent policy of i and lounge space. The Facilities committee responding to issues only once they have s ihould also undertake a study of the feasireached crisis proportions. The current I bility of setting up a day care center at the grade change uproar is a case in point. / Amherst campus. A new ad hoc committee S.B.A. has been a victim of all the ills 1 to update the S.B.A. Constitution and which plague an organization which allows I By-Laws should also be appointed. Curits power to be concentrated in one person i rently, the constitution has many holes in in this case, the S.B.A. President. In gen- i it and the By-Laws are-unavailable in writeral, S.B.A. has suffered from a lack ofac- I ten form. countability to the student body. For most All S.B.A. Committees should be comstudents, S.B.A. is merely some group | posed of at least three (3) voting S.B.A. which meets Friday afternoons. I members, one from each year. The PresiWe believe that students have an impor- dent should not sit on all committees. The tant role to play in law school governance, committees should make weekly reports to and we believe that an active Student Bar I the body as a whole, and these reports Association has a legitimate function to i should be summarized in the S.B.A. minserve in helping to fulfill that role. With the utes. Recommendations on policy matters correct orientation, S.B.A. could be a com- should be made to the body by the compelling advocate for student opinions. To mittees, not by the President, as is currentthis end, we propose a total reorganization ly done. Faculty-Student Committees The laof the structure of S.B.A. The S.B.A. President ~ Traditionally, test edition of the By-Laws of the Faculty The S.B.A. President controls most of the ofLaw and Jurisprudence provide that the power which the S.B.A. exercises. This six-member Faculty-Student Relations should not be the case. We propose that Board (FSRB) composed of three faculty the S.B.A. President have limited powers. members and three students, shall recomHe or she should represent S.B.A. in its mend the extent and nature of student dealings with other groups, chair S.B.A. membership on faculty committees, submeetings, and oversee the workings of the ject to the approval of both faculty and organization in a general manner. However, students. We propose that the FSRB strive the S.B.A. President should not have sole for equal student representation on all facdiscretion to make policy decisions affect- ulty committees, with the exception of the ing the organization or the student body as Committee on Grievances, a body which a whole. Decision making power must be deals with intra-faculty disputes. Appointde-centralized. The S.B.A. as a body should ments to faculty-student committees are vote on policy after careful consideration made by the S.B.A. We propose that at of recommendations made by standing or least one student on each faculty-student ad hoc committees. If an emergency situ- committee be a voting member of 5.8.A., ation arises which calls for immediate and that each week a report be made to S.B.A. response, the President should call S.B.A. by all faculty-student committees. an emergency meeting, or, at the very least, In addition, we propose that at least one of the three students appointed by S.B.A. to convene the S.B.A. Executive Board. sit at faculty meetings be a voting S.B.A. Officers S.B.A. Officers The S.B.A. member, and that such person also be reshould do more than merely occupy slots quired to make weekly reports to S.B.A. on the Executive Board. The First Vice- on items of student interest which have President, in. addition to taking over the come up at the preceding week's faculty President's duties when necessary, should meetings. All the above weekly reports maintain active involvement with the Law should be summarized and included in the Student Division of the American Bar As- minutes of the S.B.A. meeting for the sociation, in an effort to improve commu- week. These weekly reports should help to nication between SUNY-Buffalo and other insure that the Student Bar Association is law schools across the nation. The First directly, immediately, and fully appraised Vice-President should seek out Law Stu- on all issues of concern to the student dent Division Funding for student organi- body. They should also help insure S.B.A. zation projects, and should encourage and accountability. If necessary, S.B.A. meetassist student organizations in getting such ing time should be extended to two hours funding. The Second Vice-Presidentshould weekly, instead of one hour. All law sturepresent thelaw school on intra-university dents, whether or not voting members of committees, such as Sub Board I and the 5.8.A., should be urged and encouraged to All-University Assembly. Law student repattend weekly S.B.A. meetings. resentation on these bodies will become important and as other divimore more Placement sions of the University move out to the We recognize that among the absolute Amherst campus. The Treasurer should be for a first-rate law school is the chairperson of the Budget Committee, for essentials purposes of alfocation of funds, and should existence of a full-time professional placebe responsible for drawing up a new set of ment facility. If S.U.N.Y. at Buffalo law criteria on fee waivers. He or she should see school is to realize its potential as cited by to it that funds allocated to student organi- the inspection team of the American Bar zations are distributed as efficiently as pos- Association and Association of American sible, and that organizations are kept up- Law Schools as being on the verge of greatto-date on their remaining allotments. The ness, then it is clearly in the best interests Secretary should be responsible for taking of all members of this law school to be accurate, complete minutes of all S.B.A. relentless in the effort to acquire such meetings and for making certain that co- placement facilities. Basically, this transpies of the minutes are duplicated and lates into the establishment of a dual direcready for distribution by the following continued page six r Qualifications: In the belief that the office is one which indeed demands special qualifications I have made an effort to inform voters as to my own experience in the area and my record as an SBA delegate (si ingers and postings), which I feel demonstrate the breadth and depth required of the Ist Vice President. As platform is at least as important as qualifications, I would refer the voter to the previous statement I circulated on personal qualifications, so that this opportunity can be utilized for a full presentation of platform items. Ray Bowie As an SBA delegate to the ABA Law Student Division circuit conference this fall, as a volunteer liaison to the Erie County Bar Association, and as a recipient of regular LSD communications regarding their entire range of activities, I believe I have acquired an "inside knowledge" of the liaison function, the type of knowledge the Ist Vice President must have if our Platform: SBA is to have input into professional Unlike the opposition which campaigns activities. on everything in general and nothing in particular with regard to the functions of A. Representativeness & SBA Consultation: With respect to this liaison function, the Ist Vice President, I will limit myself to the constitutional functions of the Ist however, it is not enough that a Ist Vice, vice-presidency and related issues. President have personal knowledge of the Briefly, the Ist Vice President is the m achinery involved, but also that he SBA officer responsible for 1)representing represent the desires of the student body SBA in national, state, and local bar through that machinery. To avoid the associations and their student affiliates misrepresentation which has often plagued (ABA-LSD), 2) coordinating their other schools when their LSD liaisons programs and activities at this law School, attend meetings without prior 3) chairing the SBA Appointments consultation, I consider it to be the Ist Committee, which recommends student Vice President's responsibility to study representatives for faculty committees, and current issues and LSD agenda items, to 4) being qualified to assume the duties of draft position statements on themand seek SBA approval, and only then to proceed to SBA President in the latter's absence. conferences with the strength of "home" As the most important Jst VP support. /. function is that of liaison with the various B. Leadership Initiatives: professional and law student associations, By formulating such position it is there that a candidate must have the continuedpage six best qualifications and strongest platform. 2nd V.P. Candidate Mark Linneman It is the candidate that counts, not the slate, for a position as an executive officer of the SBA. This is especially true of the office of 2nd vice-president. The 2nd vice-president is basically the liaison between law students and the other students in the University, sitting in the University Assembly and on Sub-Board. This position will steadily increase in importance as more non-law students inhabit the North Campus. This is especially true of Sub-Board. That body has control over how a largeproportion of student funds is spent, including such programs as concerts, movies and many symposiums. Even though most of the funding of Sub-Board comes from other student governments (SBA contributes $800), it may be possible for some activities to be transferred to O'Brian. That not unconsiderable amount of money certainly entitles us to some services. I would be very happy to hear any expressions of interest in this regard. The University Assembly is a new body composed of Students, Staff and Faculty. It serves as an advisory body to the President of the Univer,sity,:Since it is not scheduled to have its first meeting until after the SBA elections, there is some doubt as to its efficacy and influence. This body will probably be used for the continued frompage four - < < - - Mark Linneman expression of opinions of the various groups in the University. I feel qualified to serve in this position because of long association with the. University as a whole (both as an undergraduate and as a law student) and some specific experiences I have had with Sub-Board in the past. In arranging symposiums, etc., it is easy to become aware of insensitivity and lack of services to various segments among the university continued on pagesix �February 26, 1974 6 Ray Bowie Kathryn King continued from page four social life, and work on the statements and insuring their with procedures for anyone interested. As representativeness, I would hope to achieve a class representative, t have endeavored to an active rather than merely passive role assist as many constituents as approached some of the projects I've mentioned and see me about them. If anyone wants to talk about these or any other S.B.A. concerns, I will be available in the S.B.A. office Whether or not I'm elected, I intend to between 1:00 and 2:00 on the days of the work for the objectives I have outlined. election. Thank you for taking the time to Whether or not I am elected, I hope read this, and I hope everyone will try and interested students will want to work on vote. newspaper in their spare time for free. C.A.S.B.A. Slate for UB in the deliberations of the associations on which we are represented. The LSD, for instance, is usually dominated by thoseschoolswhich come to conferences well prepared with research and proposals, and certainly UB should be taking initiatives in this regard. It is time for UB to participate in a leadership, not merely membership, capacity in the profession to which we aspire. continued from page five //. Closely connected with the liaison function is the Ist Vice President's responsibility for coordinting bar and LSD programs operating on the local school level, such as membership benefits, project grants, speakers andLaw Day activities. courses are to be offered so thai students will be able to plan their course of study more than a semester at a time. Classes should also be scheduled at times which are sufficiently varied to allow people with other commitments, such as jobs and children, to plan a complete schedule. We feel that the school should offer a wide range of clinical courses covering criminal and civil aspects of the law and work with various agencies in the Buffalo area. As this school attracts many students on the basis of its openness to jointdegree programs, we feel that procedures for setting up such programs should be made easier and more well known to the student tor system which provides for an "outside" when particular engaged primarily in public relations vis-a-vis firms, corporations, government, alumni, etc., and an "inside" person charged with career planning. In light of the drastic lack of adequate placement assistance in the past as well as the clientele which the State University serves, we are committed to utilizing the S.B.A. to its fullest extent to achieve this kind of placement operation at the law school as speedily as practicable. person A. SBA Organizations & Interest Groups: One* means of coordination would be through SBA ad hoc committees of Curriculum We support development .of a curriculum at the Law School that, while introducing new and innovative classes at all levels (for first through third year students), provides a well planned schedule of body. Perform your Civic Responsibility : ... students interested in each of these areas, an idea I would sponsor, while another involves working directly through our SBA organizations seeking to assist them in obtaining grants and speakers from the LSD. Certainly, our organizations represent a diversity of interests which could, through proper professional and LSD channels, increase extracurricular educational opportunities for the student body, better participate in nationwide forums, and establish the contacts in each fieldof law that a quality school needs. ■* In as much as the Ist Vice President tin-1 serve as an advocate for interest gVoups, I would seek to involve SBA organizations in a concerted effort to "plug into" LSD programs, the benefits from which might enable such student groups to transcend the limitations of their SBA TjiSdgets. Read the Candidates9 Statements . Then vote on the merits. For President: Don Lohr Laura Zeisel Ray Bowie Secretary: Paul Equale Grading Referendum: Q+ Grade Yes or No Grading Options: 2, 3, 4 or S Tiers - I within the Ist Vice President's influence are concerned. This year, the Ist Vice Presidenthas ///. been given the added function of chairing the SBA Appointments Committee, which interviews applicants for student representative to faculty committees and makes recommendations thereupon. It has been a concern of mine as an SBA delegate that student representation on faculty committees both 1) reflect a wide cross-section of the student body and 2) be accountable to those they represent. With regard to the first, a faircross-section requires that students with special academic, social, and career goals have effective input into school governance where it affects their interests, and I would assume a specific obligation to insure that such interest groups are well represented on the bodies concerned with their interests. IV. Lastly, the Ist Vice President must be prepared to assume the President's duties in the event of the tatter's absence. As I am not campaigning for President, I cannot dwell at length upon issuesrelated to that office other than to say that, in the contingency that the Ist Vice President should be called to act as President, I believe I have the qualifications and experience in SBA and school governance to adequately fulfill what is expected ofan SBA President. I have endeavored Mark Linneman population. Over the past year and a half, .it has become obvious that law-students are those sodeprived. In regard to the University Assembly, I will consult with the students to discover their opinions and express them to the body. Since I know many members of the Assembly, I should be more effective than a relative newcomer. among In such a position, it is my opinion that anyone with an over-riding ideological imperative could not do as effective a job. Such a person would be motivated by considerations other than those the law-students themselves regard as important. In short, I ask that you consider my qualifications for this position. Please vote for the individual you think would do the better job, not merely a name on a slate. Buffalo Attorney Ange Opens 1st Placement Forum A brown bag lucheon with peal to that particular firm's clienB v t faI o attorney Grace Marie tele. She afso said firms like peoAnge held on Feb. 13th was the ple who are 'streetwise," alfirst of a series of events spon- though she felt lack of clerking sored by the new Placement Off- experience poses no seriousdisadice imed at providing the student vantage to the applicant. body with a more realistic view of employment as an attorney. In response to questions about The luncheon was attended by entering specialized fields of law, only a dozen students, who asked Ms. Ange emphasized that time questions mostly about job pros- and hard work are required to pects and methods of obtaining achieve such a goal. Further activities sponsored by employment. In answering these questions, Ms. Ange noted the im- the Placement Office include a portance of appearance and per- Career Day on March Bth which sonality, since employers will be\ will be followed by a session on concerned with the applicant's ap-' (how to best prepare a resume. ' -Beling ' to a platform based upon qualifications and real issues, something coh struct which has involved a lot of timeand effort, but something which I feel students deserve from those seeking their vote. Throughout, I have asked only that people competitions, study opportunities, etc., I compare the platforms and qualifications believe that the Ist Vice President must of candidates, and vote accordingly after make special use of Opinion to publicize fair consideration. If that is done, I think such benefits to all interested parties, we all would regard the election's outcome folIowed with individualized assistance with satisfaction. continued from page five Treasurer: Sara Zurenda me with individual difficulties, and even though the role of the 1 st Vice President is would not want to slightly different, abandon that approach where matters To conclude, B. Individual Benefits: With regard to benefits offered individuals through these professional and LSD liaisons, benefits which include insurance, publications, essay For 1st Vice-President: Kathryn King For 2nd Vice-President: Mark Linneman Rosemary Gerasia .. continuedfrom page five �February 26, 1974 Opinion 7 Analysis Turn of the Screw Grading: Debate Continues by lan DeWaal by Allan D. Mantel Since the spring of 1968, UB Law School has been grappling with the difficulties of establishing an equitable grading policy that accomplishes the essential task of determining the gradation of legal academic work, while minimizing the detrimental effects of intense academic competition. Within the preceding six years concerned parties, representing all factions of the legal community, have expended tremendous amounts of time, effort, and energy in their attempt \o accomplish the aforestated goal. Their many notabfe contributions are recognized and appreciated as testaments of sincere concern in making this law school an institution of superior legal education. Unfortunately, however, the grading policy has not been finalized, nor has the debate come to an end. The purpose of this article is to discuss the proposed amendments that are presented on tomorrow's referendum and to reflect upon their potential implications. It is hoped that in doing so, the information presented herein can help the student body, faculty, and administration reach a meaningful and final determination of the issue at hand. Before presenting the text of this article, I'd like to offer a word of thanks to those who assisted me in obtaining the information necessary for this presentation. Theirassistance was greatlyappreciated. The present grading controversy is an outgrowth of prior policy developments, and probably is the culmination of a standing debate which has tried to focus UB Law School's generalgrading philosophy. The framers of the various proposals have labored to mollify .the conflicting educational outlooks and arrive at a solution amenable to all. In so doing, the dynamics of consensus politics expectedly created common ground within the center of the grading spectrum. Thus, the developments of the past few years have, for all intents and purposes, eliminated the extreme positions as viable alternatives. Numerical grading and ranking as well as pure pass-fail are both dead horses. Therefore the recent grading discussion has largely been confined to an evaluation of the modifications of a four and/or five tier grading system. Somewhere within this range, it is said, that a grading scale can be found to satisfy the most distraughtamongst us. At this point it might be helpful to ask, What goals are hoped to be served by any system of grading? The Grading Committee's Report (December, 1969, Chaired by Professor J. Atleson) gives a well perceived evajuatipn of .ÜB's "purpose" for choosing the so called descriptive (or impressionistic) system now in use. Quite obviously, grades serve an essential function within an education framework, in that they provide feedback ,for studentsand faculty alike. Each groups uses grades as a method by which success and/or failure of respective study/teaching techniques are measured. Furthermore, grades are used by the legal profession to help make determinations regarding initial job placement. However, the limitations of grades as a tool are equally obvious. First, grading is necessarily a subjective determination of the grader, which results in varying standards from course to course. Second, grades are usually an inaccurateindication of possessed and/or articulated knowledge. Therefore, in recognition of these limitations, the Grading Committee Report stated that "the aim of (its) proposals is to minimize the effect of gradingby restricting the process primarily to the determinations the faculty must make... i.e., the determination of satisfactory or unsatisfactory work" (pg. 3). On the basis of the Committee's analysis and conclusions, ÜBLS adopted a modified pass-fail system which categorized grades as: 1) Unsatisfactory: performance falling below minimal levels of acceptability,roughly equivalent to 68 or below. 2) Qualified: satisfactory performance, but not outstanding. 3) Honors: superior work, roughly equivalent to 78 or better. Under this proposal, since unsatisfactory grades still received credit toward completion of the J.D. degree (eligibility determined by the number of U grades received; six U's resulted in automatic disqualification), the Court of Appeals, during the 1971-1972 academic year, rejected the plan as submitted, and required that the lowest grade receive no credit toward obtaining the J.D. degree. Consequently, the faculty, in a wise decision, split the U grade into: D: Unsatisfactory, work acceptable for academic credit but below the performance expected of J.D. candidates; and F: Unacceptable, not worthy of academic credit. The rationale for this distinction was based upon the belief that even the most qualified student was capable of "blanking out" (failing to identify the given issues, but displaying general understanding of the course's materials) under any single exam situation, it was fe|t that academic credit should not be denied in the event of this foreseeable contingency. With administrative clarification of the HD/H category, and clear definition of the D/F distinction (both of which are amply laid out in a memorandum by Associate Provost Greiner, December 11, 1973) thisfour tier plan is the grading system whichhas been in use. At the December 5, 1973 faculty meeting, the present modification, instituting a Q+ grade: qualified work which is better than the normal range of performance expected of J.D. candidates, of those was adopted. This change was the embodied expression faculty members and students who felt that the general Q grade discriminated against the above average student, and was thus unfair. The implementation of the change was stayed last semester, but is in effect for the present semester, barring further action by the faculty^ ot This then is the present state of affairs, and the subject any members of this law tomorrow's referendum. So as not to mislead any poll binding on are not school community, the results of this faculty deliberation, butrather viewed as an aid to be used in making a final determination. The question asked on tomorrow's referendum is in effect a philosophical one, which each member of the student body should honestly answer for himself. Viewed from thiswriter's perspective, the question raised simply asks: Will the beneficial effects of grading be enhanced by the addition of a Q+ grade? How one answers this question fundamentally depends upon one's educational philosophy. Most of us, having beenreared on a grade incentive educational system since elementary school, automatically associate the learning process with the attainment of "good" grades. Professional students, as we all are, however, have come to realize that too often grades become an end in themselves, while learning is often relegated to a lesser level on the hierarchy of student priorities. By this point of our academic career, the singlemost important goal should be the attainment of the requisite professional competency to practice law. If one honestly believes that a natural correlation exists between professional competency and the incentive-reward process of distinctive grading, then by all means, the proposed grade modification should be voted for. If however, one accepts gradingmerely as a minimal element of the educational process, and accepts the Grading Committee's analysis that grading should be restricted to the "determination of satisfactory" or unsatisfactory work," then, obviously, there is no need for an additional grading tier. Essentially we are being asked whether we support traditional concepts of measuring the quantum of knowledge attained, or whether this law school has enough confidence in its people and policies to cut against the grain and beat new paths. Associate Provost Greiner, in his memo on Grading Policy (dated Nov. 28, 1973), essentially presented the issue to the faculty when, commenting on the history of the Atleson proposals, he stated: "The questions it (Atleson Grading Report) did not answer were left to the future, especially whether we should rriQven toward the 'radical end' of the spectrum ... or retreat towards 'the 'conservative end' and put in some additional categories." Clearly, the futurehas arrived. Adding the Q+ category, in effect establishes a five tier grading system which conforms, with noted modifications, to the traditional A-F scheme, a five tier grading system essential to the efficient operation and -mjlnifest goals of this law school? Can it honestly be said that the impfementation of a Q+ grade will enhance the learning process without imposing the undue burden of additional academic competition? Are law students truly motivated by the Pavlovian incentive-reward process? These are some of the questions to be asked and answered before casting your determination. Proponents of the change urge that the additional grade will aid the job placement process. All agree that jobs are tight in a marketplace presently glutted with attorneys. Yet, will another grading tier aid the placement process, or offer employers an easy, perhaps inaccurate, and mechanical standard from which they choose prospective associates? Do transcripts effectively inform those employers who the "better" lawyers will be? The argument could be made that the present grading system provides a workable foundation from which employers should start their investigation. Under no circumstances should grades, in themselves, translate directly into employment, especially in a profession where "success" or "failure" are the consequence of so many variables. Thus the issue has been presented before us, and will be determined, in part, by us. The outcome, of course, is of great importance, but of even greater significance is your participation in the discussion and determination of this issue. Whatever your personal position may be, MAKE SURE IT IS VOICED. Let it not be said that one side won by default. fur^er TuitiO^- Who can afford tuition ... The Financial Aid Committee yf the University has concluded its deliberations on the standards to be used for awarding financial aid for next year. Since there are iome differences from last year's methods, it may be worth your while to read on. The Committee looked at budgets and income separately so I will deal with budgets first. Independent andresident students will now be judged against the same budget which will total approximately $4,100 including tuition. A married student will be allowed to add $1,350 for a spouse and $500 for each child to this base figure. Dependent students living with their parents will have a budget of $3,200. These are the figures against which your application will be judged. You may be allowed a higher budget figure if you display some extraordinary expenses such as medicalbills. As far as expected contributions,all students will be expected to provide a minimum amount toward their expenses. Last year the figure for law students was $750. Not only has this figure been lowered, but different amounts will now be expected of men and women. Men will be expected to come up with $600 while women will only have to provide $500. If there are any complaints about this double standard, please address them to the Committee in care of myself, room 303 O'Brian. Married students will be expected to make additional contributions. If a student's spouse is not going to school, an additional $1,350 will be expected in addition to the $600 or $500 amounts for the applicant. If the spouse is in school, the additional amount will be only $600 or $500. In addition, the married student will be expected to provide an additional $500 for each child. The justification for these changes was to remove the University from its position of subsidizing marriage especially when funds are expected to be less thanlast year. Once a student's needs are determi ned (resources subtracted from budget), that will not necessarily be the amount awarded. The percentage of need provided will be dependent on the "need" of the total student body and the amount of funds available to the University. As of now there are three different bills pending in Albany designed to reform the financial aid picture in the State. One of the proposed bills does contain a clause eliminating the SUS for graduate and professional students. However, according to the Financial Aid office, their contacts in Albany have no idea which bill or combination of the three will emerge in the end. The. best that can be done at the moment is to write to your State Assemblyman or Senator and express your concerns. TYPING: Experienced typist prepare your resumes, -Belling I Need Books will assign- ments, etc. Quick service, reasonable rates. Pick up, delivery to O'Brian Hall. Call Cheryl, 836-8108. �February 26, 1974 Opinion 8 Alumni Line Mid-Year Graduates Receive Degrees, Honors by Earl S. Carrel Doing a regular column is not really a chore, but with an expanded publishing schedule this semester and very little help from the members of the Alumni Association, Alumni Line will get progressively shorterunless I revert back to a tendency to trample on a few toes. In April, 1973I looked at my three years in law school with mixed feelings, criticizing what I perceived to be severe flaws in my education, both academically and functionally. Now that I am a graduate of law school and out in the wonderful world of trying to earn a living by toiling for the United States of America, specifically the Veterans Administration, I have more thoughts on the State University of New York at Buffalo School of Law. I've never been one to keep my mouth shut when I had a chance to open it, so why stop Schwartz, Mix, GreinerAward Degrees to 38 graduates. Matthew J. Jasen,senior associ- ate judge of the New York State Other Speakers Other speakers included M. Dolores Denman, Buffalo City Court judgeand M. RobertKoren, president of the Erie County Bar Association. Graduates receiving special recognition for membership on the Buffalo Law Review were: Terry DiFilippo, Linda J. Mead, George B. Quinlan and Barry Taub. Court of Appeals, speaking during the school's special mid-year commencement at the Amherst Campus, urged the graduates to take time from reading legal briefs, look upon the world they serve "and ask yourselves if you are doing your part in making the society a better place for all." The unusual mid-year ceremoGraduates receiving certificates ny was held because a larger than normal number of persons com- of recognition as members of pleted graduation requirements Moot Court, a practice court early. This was partially due to a room, were: Cyrus Kloner, Peter summer school program estab- M. Jensen and Thomas F. Quinn. lished at the school in 1971, explained Dr. Richard D. Schwartz, Trial Lawyer Graduates winning Trial Lawprovost of the law school. -Belling now? It is very gratifying to see that the problems of Placement and Career Development and Alumni Affairs are being handled by a competent, full-time staff member. It is also nice to be ensconced in a new building named after a distinguished alumnus of the school. But here is where the plaudits end. Continuing Legal Education is still a mystery to the U/B Law School. Some signs of life are showing, but not many. Is the Law Schoolafraid of stepping on the toes of the Erie County Bar Association? Or on the toes of the New York State Bar Association?Or on the toes of the Practising Law Institute? Or are the members of the school administration and the ajumni too unsure of how to proceed? Or too afraid of failure? Or too dense to realize that the facilities of the Law School and the faculty are the best resources in Western New York for a comprehensive program of Continuing Legal Education? This situation is crying for a remedy and it is up to the Law School to provide that remedy. I also made a number of negative comments about the grading system. Chief among them was that the policy on grading had changed three times in three years. In the last issue of the Opinion a front-page story told of not just one, but two grading changes this year. The only words that are printable to describe the grading mess are absurd and ridiculous. In a memorandum to faculty and students dated January 21, 1974, Prof. William R. Greiner offered to answer any questions on the subject. I now publicly challenge Prof. Greiner to explain the difference between the present system of H, Q+, Q, D, F and a realistic system of A, B, C, D, F. Program Awards were: George R. Blair Jr., Michael G. O'Rourke, John W. Park, Hugh B. Scott and Vincent A. Tobia. Other graduates were: Robert E. Brown, Richard E. Clark, Lionel D. Davis, William B. Day, Jerome E. Dyer, William B. Draybk, Alvarez Ferrouillet, Richard S. Gorecki, Leslie M. Greenbaum, James C. Hodge, Lawrence Ktrwin, Carol L. McGowan, Pedro Morales and Daniel Nobel. Also: Robert E. Pearman, William Reich, Kurt T. Sajda, Bennie N. Shaw, Ira Sherman, Richard ). Sherwood, Kathleen M. Spann, Last time I mentioned the dedication of O'Brian Hall. Of course, James W. Sullivan, WesleyL.Tay- if you read the last column, you should have read the front page story lor, Clarence D. Turner Jr., Nicho- giving the detailsof the dedication. In case you missed it, dedication las L. Vastola and Roy T. Walker. ceremonies will be April Bth -uid 10th. On Monday, April Bth; theLaw School building will be dedicated in an evening ceremony to be held in the Alden Moot Court Room. On Wednesday, April 10th, Hon. Earl Warren, retired chief judge of the United States Supreme Court will deliver the John Lord O'Brian dedicatory lecture. yer NLG Plans Active Spring The 12th Annual SUNYAB Law Alumni Dinner and awards After a semester of semi-hibernation, the local chapter of the National Lawyers' Guild announced its plans for a variety of activities both within the Law Schooland in the larger communi- ty. Attica Defense, a national Guild project, is still a matter of major concern to local chapter members. Other needs including Landlord/Tenant work, Welfare increasingly sensitive toother radical legal problems throughout western New York. At the same time, the Guild hopes to make its presence in the Law School considerably more obvious this semester, by means of speakers, films, distribution of literature, curriculum in-puts, both on and off-campus. One major goal is to expose law students to more of the political dimensions that underlie the smooth judicial surfaces that are primary objects of formal legal Rights, and a Women's Prison Project must also be met, however; and the Buffalo Chapter at its first regular meeting of the year, Feb. study. To insure continuity in the 6, re-affirmed its commitments to ongoing work projects in these struggle to achieve these ends the areas, as well as its desire to be local chapter voted to increase its Ex-Con to Address DVF Thursday Sharon Krebs, an ex-convict, will address the SBA Distinguished Visitors Forum Thursday, February 28, on the topic "Women in Prison: A Personal Perspective." Ms. Krebs served 18 months at Bedford Hills Correctional Facility, the only women's prison in New York State, and is currently on parole. She teaches courses on women in prison at the New School for Social Research and the New York Women's School, and formerly taught at the New York Free School. Ms. Krebs holds an M.A. in Russian Literature from the University of to coincide with a conference on Women in Prison planned for Saturday, March 2nd, from 9:30 A.M. to 4 P.M. at the Women's Resource Center of the Buffalo YWCA, 190 Franklin Street. The conference will include a slide show and panel discussion about the problems of women prisoners {10 A.M. to noon), and workshops and discussion groups about how women on the outside can assist women on the mside (1:30-4 P.M.). The conference is being sponsored by the Buffalo Women's Prison Project, the Association for Women Law Students, and the Buffalo Chapter of the Michigan. National Lawyers Guild. The pubThe visit of Ms. Krebs is timed lic is invited to attend. participation in the national Guild organization, and elected a Steering Committee to concentrate some of the collective responsibility for organization and communi- cation. I n terested students, lawyers, and legal workers are encouraged to watch the bulletin boards for notice of the bi-weekly meetings, and to check out the Guild office presentation will be held Friday, March 15, in the Buffalo Athletic Club. Buffalo City Court Judge Rudolph U. Johnson is chairman. Tickets are available from Harold D. Brand, Jr. (852-2850) and Franklin A. Stachowiak (852-6424). The Law Alumni will sponsor Career Day, Friday, March 8. Robert P. Fine will moderate the program which will feature presentations by attorneys involved in various types of practice, including judicial clerkships, small firms, large firms, government and business. Any alumni who wish to comment upon or contribute to Alumni Line are encouraged to do so. Theaddress is: Alumni Line c/o The Opinion State Univ. of N.Y. at Buffalo O'Brian Hall The Young Lawyers Section of Buffalo, New York 14260 the N.Y. State Bar Association is offering the following practical Hon. John O. Henderson, '33, Chief Judge of the United States skills seminars: District Court for the Western District of New York, died February 19, 1) Real Estate Practice... 1974. Judge Henderson was Clerk of the Erie county Surrogate's Court Tuesday, March 12 from 1947 to 1949, President of the Erie County Bar Association, 2) Preparation for Trial 1949 to 1950, and a member of the firm of Cohen, Fleischmann, Tuesday, March 19 Augspurger, Henderson & Campbell, forerunner of the firm of Jaekle, 3) Intro to Estates & Wills... Fleischmann and Mugel. He left private practice in 1953 whenhe was Tuesday, April 2 named United States Attorney for the Western District of New York 4) Money Judgments & Bank- by President Eisenhower. In 1959, Eisenhower named him to the Tuesday, April 9 ruptcy Federal Court where he served until his death. Each session will be held from 4:00 to 6:dO P.M. at the Statler Carlton F. Messinger, '37, died February 4, 1974 after being Hilton (Registration at 3:45 struck by a car in Tonawanda. P.M.). Cost for law students will be $5 per session or $15 for all 4 sessions. The cost includes printed materials to be distributed at each Volume 23, Issue 1 is now available. Any student interested in session. Since theseseminars emphasize purchasing a copy may Contact Skip Conovcr, Business Editor of the the basics in each field, it is antici- Review. In connection with the plans tnnulntd In the last Opinion, pated that a good number of law students may attend. Therefore, dealing with the SprinK ceremonies cummtmorallng John Lord Chris Greene has requested that O'Brian Hall, the Review Is plo.iwj lo announce lhal a special issue on registration forms be sent to the John Lord O'Brian will Ire published ihiirtly .iflcr Ihc April 8-10 Law School and he will be distrib- activities. uting them as soon as they arrive. on the first floor of O'Brian Hall. Seminars . . Law Review Available � 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, 1974-02-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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Volume 14, Number 9 Opinion State University of New York at Buffalo Law School C.A.S.B.A. Sweeps SBA Elections - Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 March 12,1974 SBA Budgets Found Unspent One issue rather submerged in the recent SBA elections, Opinion has learned, was that substantial activity funds are currently lying untouched in many SBA organizations' budgets, a problem compounded by slipshod entry of existing expenses with apparent little regard for budget lines. Thg problem is so extensive, noted a member of the Budget Committee, that much more of this year's $22,732 budget remains unused than has been spent, with a number of groups not having spent a cent of the money SBAallocated them last fall. SBA presidential candidate Kathryn King drew attention to the situation when she campaigned on the issue of reallocating organization money that appeared not to be necessary to areas where greater demand existed. Vice presidential candidate Ray Bowie did likewise, when he advocated an SBA effort to obtain outside grants for organizations in order to generate budget spending and perhaps allow for reduction in activity fees. New Executive Officers: Zurenda, Lohr, Zeisel (front); Gerasia, Equale(rear). In the wake of a heavy election As Brennan is reported to have in both first and second the first slate ever to field candidates for every SBA office became the first group ever to win every vacant seat, as C.A.S.B.A. swept to control of SBA. C.A.5.8.A., a slate calling itself "Conference for an Active Student Bar Association," ran successful candidates for each of the SBA executive positions and for ten of the twelve vacant director positions in first and second year. Drawing upon essentially the same pool of votes in each class, every C.A.S.B.A. candidate won election, most with comfortable margins, with only Margaret Wong and Bob Brennan winning directorships as independent candidates. declined election, a special election for junior director may have to be held in the near future. C.A.S.B.A.'s victory sweep was dimmed only by a challenge to the 1 st year director results launched by Shirley Bevel on the grounds that her name never appeared on the ballot despite compliance with nominating procedures. The challenge, which has delayed the seating of C.A.S.B.A.s first year candidates, has been referred to Election Chairman Skip Hunter for a ruling which, if it sustains the challenge, could cause the first-year election to be rescheduled. C.A.S.B.A. presidential candidate Don Lohr survived a strong turnout years, candidate Kathy King, who was earlier rated the "underdog" in the race, winning over Ms. King by a margin of only 20 votes. C.A.S.B.A. candidates Laura Zeisel and Rosemary Gerasia won decisively over now underway. It would be the first BALSA expenditure of the continued page 7 independents Ray Bowie and Mark LJnneman to capture the 1st and 2nd vice presidencies respectively. C.A.S.B.A. candidates Sara Zurenda and Paul Equale had no opposition for treasurer and secretary, both winning easily over a scattering of write-in votes. by Ray Bowie In the 2nd year elections, too high or too low. As thegrievC.A.S.B.A. candidates Bob Gottants had contended only that Formally reaching decision on Prof. Katz, in awarding grades for fried, Ed Zagajeski, Pearl Tom, Jim Gauthier, and Debbie Brod- a grievance which has been pend- unsatisfactory performance, failed nick all won by sizeable margins ing a full year, the Faculty-Stu- to distinguish between an unsatisfactory D and an unsatisfactory F, continued page 7 dent Relations Board granted relief, in a class-action grievance that matter alone was adjudicated. brought against Prof. Al Katz, to The Board found that the in13 students who had received F's tent of the faculty, in changing in his fall 1972 Criminal Law the grading system from three to course. four tiers in 1971, was that all Preliminary to rendering its fourshould be used by instructors decision, which has the effect of and that Prof. Katz, because he behind 5-tier in the total vote. In changing the F grades received by could not distinguish between the contrast, a 3-tier system received those students to D's, the FSRB D and F categories, awarded only less support than any other in "attempted to mediate the dis- F's for unsatisfactory performeach year, particularly among pute both before and after the ance, as if the D category did not first-year students. hearing" but found such efforts exist. In the course of his testimony, Except for the 3-tier system, "unavailing." The issue, as defined by the Katz said that he tried togive stuvoting among the other options was generally close in each class. FSRB, was whether Prof. Katz re- dents the benefit of the doubt by As the ballot did not allow for fused to recognize the existence classifying borderline unsatisfacranking preferences, no second or of the D grade during that semes- tory cases, those normally expectthird choices were recorded that ter, whether his failure to award ed to receive a D, as Q's rather D's actually injured the grievants, than F's. This, he argued, meant might allow for differentiation. Members of the SBA ad hoc and if so, whether appropriate that he had assimilated the D into the 0 range rather than into the F committee on grading, which is remedy was available. charged with analyzing the returns In its decision, the FSRB took range as the grievants alleged. for presentation to the Academic pains to point out that the quesThe FSRB, while finding no Policy and Program Committee, tion was not one of the overall basts "to question theaccuracy or have generally concluded that vot- grading disparities among instruc- sincerity of this statement," noneers who chose systems with few tors, nor one of whether specific theless felt that "an individual continuedpage 6 continued page 6 percentages of grades were either challenge by independent 4 Tier Narrowly Wins Vote; Frosh Defeat Q+ Grade In a referendum that may have drawn more voters to the polls than the SBA elections themselves, students narrowly opted for a four-tier grade option over a five-tier system by a margin of only 3 votes, 108 to 105. The vote was on the key question of the referendum, which asked voters of all classes to indicate preference for either a two, three, four, or five-tier system. As with the voting generally, the heavy first-year vote may have decided the outcome, as over 190 freshmen cast ballots in the referendum as compared to only 86 juniors and 52 seniors. Oddly enough, only in the first-year voting did the four-tier system win a plurality, while both second and third-years gave preference to five-tier systems. All together, 367 students, roughly 50% of the studentbody, participated in the voting. In a separate referendum question submitted only to the firstyear, the new Q+ grade imposed on that class by the faculty this semester was handily defeated by a better than 2-to-1 margin, indicating continued widespread dissatisfaction with that faculty decision among freshmen. Surprising to a number of faculty was the strong support a two-tier pass-fail system received in all three years, running only 15 votes behind 4-tier and 12 votes -Centner Untouched & Ignored Records documenting these unspent budgets are available to students from Shirley Chioses, who keeps a "Treasurer's Book" for SBA at her desk in the library workroom. As investigated by Opinion, these records indeed reveal a situation where a majority of SBA organizations have not touched their budgets and where budget categories have been often ignored in cases where expenditures have been entered. Several organizations allocated several hundred to well over a thousand dollarseach, the investigation disclosed, have not yet tapped their budgets, and indeed some of the same organizations have been virtually dormantall semester in terms ofactivities. PAD, a legal fraternity, was alLocated a budget of $910 for conclave expenses and a series of professional seminars, none of which have materialized. The $910 remains. BALSA (Black American Law Students Association) received $1730 last fall for a convention, minority law symposium, and community seminar, for which President Les Sconiers explainsplanning is year. FSRB Settles Katz Case �Opinion 2 March 12, 1974 Editorials Letters to the Editor To the editor: Congratulations & Challenges Last Friday, the Law School Placement Office and the Law Alumni Association co-sponsored a three-hour "Career Day" symposium. Theprogram featured nine U.B. Law School alumni, talking about the type of legal work they do, and the practical co nsiderations to be weighed when deciding whether or not to seek employment in their particular field. The career options discussed were judicial clerkship, NLRB hearing officer, U.S. attorney, sole practitioner in private practice, partner in small private law firm,associate partner in medium-sized private law firm, associate partner in large private law firm, corporation counsel, and banking officer. This type of career symposium is a welcome addition to placement activities at the law school. However, the program must be criticized for being totally unresponsive to the career goals of a large percentage of law students. Specifically, the program dealt only with traditional forms of legal practice; it was very heavily weighted in favorof law-firm type structure, and toward business or room deals and "fait accomplis" that have so often characterized SBA; and 3) decentralizing the unprecedented concentration of power which has devolved into C.A.S.B.A.'s hands. Several candidates, in the course of their campaigns, were surprised at the extent to which students felt SBA to a be useless drain on their wallets. Indeed, unless steps are taken to insure an open and widely representative SBA, such attitudes will only thrive and might well even prevail in the upcoming mandatory fee referendum, a referendum inextricC.A.5.8.A., whose control of SBA has been achieved, ably tied to the very fate of SBA. With the congratulations comes the challenge posed by now faces the challenge of 1) broadening their representative scope beyond their electoral base; 2) eschewing the back- these attitudes. Congratulations are in order for the winners of the SBA executive and director elections, though, as with any election in which a party or slate wins a landslide victory, the quality of those elected varies markedly. Where some are superbly qualified to assume the offices they have won, others have but a short time to acquire the qualifications they sorely need to perform important functions, whilestill others may well prove to be nothing more than idealogues or advocates for rather narrow interests. Grading: Fresh Look Needed While the results of the recent gradingreferendum are a rather mixed and inconclusive lot, especially with regard to the crucial second and third years where only 50 and 25 per cent of the respective classes indicated preferences, the faculty must this semester determine, once and for all, the grading structure for this law school. Although the first year returns indicate a decisive pre- In both second and third years, however, even the inconclusive results of the referendum show a greater preference for a five-tier system of some sort, a trend which coincides with the recent recommendation of the Law Alumni Association that traditional letter grading (A-F) be adopted for purposes of easier evaluation. Moreover, courses taught in the second and third years generally involve "technically ference for the four-tier over the present five-tier system, tough practice fields," or specializations, where employers upperand administrators are believe faculty naturally have greater interest in evaluating the specific comknown to that classmen, faced with closer prospect of placement and gradu- petence of those entering a field. ation, would prefer systems with finer academic distinctions. As the third-year sampling was not large enough to Thus, in the later years, thereappears to be justification either support or refute this presumption, it seems unlikely for a five-tier system, which the Alumni Association cogentthat the freshman dissatisfaction with the five-tier system is ly argues should be designated by the readily-comprehensible going to persuade the faculty to rescind their approval of A-F symbols. Except for minor increase in transcript complexity, we that system, thereby creating a situation of institutionalized see no reason why such a dual grading system could not antagonism that may well infect future freshman classes. We believe that both faculty and students should take a successfully be implemented here, particularly in that it sugfresh look at the grading issue, a look broad enough to in- gests itself as a desirable compromise between faculty, stuclude alternatives seemingly seldom considered. dent, and alumni desires. That a dual system would provide Given the strong freshman rejection of the five-tier flexibility consonant with the institution's mission is not system and this school's commitment to an innovative first- exactly a drawback either. year, emphasizing "problem approaches" and skills training, In any case, the grading issue must be settled definitiveit would appear that a four-tier, relatively noncompetitive ly, and settled in a manner that substantially satisfies most system is indeed far more consistent with both the school's parties, so that this school can get on with the achievement missionand student preference than the current system. of its high aspirations. Porcine Penchant A suggestion that Food Service should have conducted an environmental impact study before acceding to student demands for an O'Brian snack bar no longer elicits even a forced laugh these days, for it is indeed hard to laugh while studying among candy wrappers, sitting in someone's morning coffee or trying to eat in the midst of others' refuse. In short, little seems funny wallowing in a sty. It has been suggested, on superficial analysis, that the snack bar is the cause of the litter proliferating throughout the building, but this is only to say that the facility attracts the patronage of certain people who feel an obligation to leave testimony to that patronage everywhere they go. While Volume 14, Number 9 March 12, 1974 ftnminn UpiniOn Editor-in-Chief: Ray Bowie Managing Editor: Shelley T. Convissar Photography Editor: Chris Belling Alumni Editor: Earl S. Carrel Business Manager: JohnS. Levi Features Editor: Kay Wigtil Staff: Cheryll Pestell, Gary Muldoon, Dave Stever, Terry Centner, Cynthia Lowney, Dennis Pasiak Opinion is published every otner week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. Opinion is funded by SBA from Student Law Fees. Student Liaison To Faculty Any student wishing to offer comments on faculty actions or suggestions as to faculty action should contact student representative Eileen Greenbaum through third-floor mailbox 74 (taped open to allow access), c/o Opinion. government practice. Conspicu- ously absent from the program were discussions of the career op- portunities available in legal aid, the public defender's office, legal coI leetives, public interest law firms, political defense work, rural legal services, legislative drafting, and teaching. There is no excuse for the whole-scale omission of alternative, less traditional forms of legal practice from the program. There are many U.B. alumni working in these fields and continued page 7 Supercop To the editor: Law and proposals for law such testimony is perhaps a great compliment to the quality often come from the top down of snack bar food, it is naught but a crude insult to the reflecting the needs and interests sensibilities of other animate entities, including fellow stu- of those at the top as opposed to the needs of the whole commundents. Faculty have a responsibility, which a number have ad- ity. Not surprising it is therefore, mirably recognized, to insure that testimony as"to food qual- that Professor Wenger's proposed regulations for the exile of mutilaity or the pleasures of smoking is not given in the classroom; tors and thieves reflect the law but outside the classroom, law students must be presumed and order point of view of the competent to police themselves in the same manner as is the professional librarian and not that profession to which they aspire. of the users of the collection. The Should that presumption prove faulty, O'Brian Hall books must be preserved at all may soon go the way of its second floor, fit only for those cost and only secondarily are we of the most porcine persuasion. concerned with the needs ofreaders or of maximizing the degree of learning that can come from use of the library. This proposal is flawed both in origin and substance. It is antidemocratic. We are asked to comment upon its merits without knowledge of the extent of loss or the degree of damage that presently exists. We have no information from which to assess the needs of Students found mutilating or adjudicate the issue, charges such a regulation and we cannot stealing library materials will be againstany student found mutilatassess the merits of the proposal subject to suspension from law ing library materials. Mutilation in the light of the social construct. school for one semester for the shall include theremoval or mark- Professor Wenger should make first offense, and expulsion for ing of pages or portions of pages, such information available and if, any subsequent offense. The Law and the destruction or deliberate on the basis of such evidence, a Librarian will be responsible for modification of tapes, films, and regulation seems worthwhile, a bringing before the Faculty Stu- slides. committee composed of different dent Relations Board, who shall parts of this community should discuss alternatives. However, even conceding that anti-democratic origins may not be fatal to a good proposal, the question reFormer Supreme Court Chief Justice Earl Warren has informed mains as to the merits of this proProvost Schwartz that, due to ill health, he regretfully will be unable posal. to deliver the John Lord O'Brian dedicatory lecture. The Law School As law students and faculty, is attempting to procure a substitute for the April 8 ceremony. continuedpage 7 Library Penalty Policy Proposed Earl Warren Cancels Address �March 12,1974 Opinion People's Prngm?? Amerikan Injustice Year of the Worm by Shelley Taylor Convissar Discrimination, like the worm, has gone underground. Under the mandate of the Executive Order 11246 as amended, all institutions which receive federal contracts or grants totalling $50,000 are prohibited from discriminating in any phase of employment on thebasis of race, color, religion, national origin or sex. As of Januaryof 1973, all educational institutions covered by the order were required to have written affirmative action plans as well, relating to all employees and all conditions of employment. Compliance with this orderincludes not only the end of current discrimination against women and minorities, but also affirmative steps to "remedy the effects of past discrimination." Despite the clear authority behind Affirmative Action; despite the sanctioning power of the order; despite the explicit guidelines for compliance: it now appears that discrimination has reached greater depths and subtlety than ever before. Due to misconceptions surrounding the concepts of affirmative action and nondiscrimination, and partly because of the misguided fear of "reverse discrimination" as its natural result, institutions have found ways of complying only with the words, but not the intent, of Affirmative Action. Discrimination has gone underground and our own university may be contributing to that problem. Reverse discrimination, it should be noted, is illegal. The Executive Order which mandates affirmative steps toward the hiring of women and minorities does not thereby institute legal discrimination against the white male. First of all, the setting of numerical goals for the under-utilized groups is not an arbitrary process. Compliance with the order requires that institutions determine theavailable pool of qualified candidates in each such group and compare it to the proportion of those groups in the present makeup of the staff. The goals are not set to thenumber or proportion of thosegroups in the general population, but are limited only tothose members of the discriminated-against group who are qualified to fill the employer's needs. Secondly, it would be illegal for an employer to hire a lesser qualified woman or minority over a white male regardless of whether thatgroup was under-utilized. The concept of nondiscrimination, also a part of the Executive Order, prohibits discrimination against any person on the basis of race or sex. Thirdly, since Affirmative Action is a reaction to the traditional preference for white male employees, it may be more difficult in this program for such candidates to get jobsbecause they must compete with qualified women and minorities, but it \snot reverse discrimination. Instead, it is the end of the established and nearly universal discrimination againstwomen and minorities. Possibly because of this unwarranted fear of "reverse discrimination," the University of Buffalo has continously threatened the progress of the Affirmative Action program. Since the numerical goals for the recruitment of women and minorities are determined by each institution, the progress of the program depends to a great extent upon the measure of good faith with which the University computes the under-utilization and defines affirmative action. One of the problems presently plaguing the UB Affirmative Action program is the way in which the central administration defines the term. Although clearly explained in the Executive Orderand its supporting materials, the administrators responsible for the setting of goals largely misunderstand its meaning. According to 3 Dr. Baumer for instance, who was responsible for the Affirmative Action goals and timetables in the academic faculties (Arts and Letters; Natural Sciences and Mathamatics; Social Sciences and Administration; Engineering and Applied Sciences; Management; Educational Studies; and Law and Jurisprudence) affirmative action means merely the elimination of discrimination. Clearly, however, such a definition of the term both violates the intent of the program and serves to perpetuate the status quo. By simply discontinuing any present discriminatory practices, without attempting to remedy the injustices of the past, the University will definitely not "remedy the effects of past discrimination." If it can be said to do anything positive, it will most certainly give the faculties the impression that no further progress in hiring ofwomen and minorities is needed, a situation that would hurt the groups affected as well as the University itself. Whatever goals are set for the employment of women and minorities, the Executive Order requires that employers demonstrate their good faith effort to accomplish the remedial task. According to Bernice Sandier,Director of the Project On the Status and Education of Women, "If an administrator ends up with only white males, when there is a pool of qualified women and minorities available, the institution may well be discriminating and may be called upon to prove that it is not." A second problem in ÜB's Affirmative Action program is the use of outdated and unrealistic data to determine the available candidates in the under-utilized groups. Since this data is used to develop the target numbers or goals for the recruitment of women and minorities, it is imperative Jha^t it be current and accurate. Instead, the UB plan is presently based on figures supplied by the National Research Council for Doctorates Awarded from 1920 to 1971. The administrators responsible for calculating the availability pools took the average of those doctorates for each of the decades in the study as the proportion of available candidates today. By so doing,clearly, the University has severely underestimated the present pool of available candidates and can have no possible insight into the available candidates in the future since the measurement was based only on the past. This inaccuracy is highlighted by the recording, in that survey, of only twelve women in that pool of doctorates in law and jurisprudence. Fortunately it was pointed out to Dr. Baumer that while only twelve women may hold higher degrees in law, nearly ten thousand women presently make up the pool of available candidates with the appropriate degrees for the teaching of law. The resulting defect in the University's program of Affirmative Action is that the goals and timetables for the recruitment of women and minorities reflect the administration's "minimal compliance." According to the present draft of the numerical goals for women in the law school, forinstance, the projected number of women in the faculty in the academic year 1979-80 would be exactly the same as thenumber and distribution of women the law school will have next year on its teaching staff. Ifit is likewise true of other faculties, as it seems to be, that the availability figures were so unrealistically calculated, then it appears that the University is quietly defeating the intent of Affirmative Action in its most important aspect, fey underestimating the number of qualified candidates in thepresent as well as the future, and by setting its goals on the. basis of that data, the University is effectively ignoring the Executive Order and the injustice which prompted ft. Discrimination, like the worm, has gone underground and it looks like the UB administration has learned how to squirm its way into the depthsalong with it. Nixon's Crime Bill by the Buffalo Chapter of theNational Lawyer's Guild Even though Nixon is on his last legs, has lost the support and confidence of the people, is facing impending impeachment, and refuses to resign; this has not prevented him from introducing and pushing for the passage of one of the most repressive pieces of legislation in United States history. On March 27, 1973, the introduction of identical bills in the House and Senate H.R. 6046 and S. 1400 was heraled in a nationwide address by Nixon. Since their introduction, the bills have been making their way quietly through Congress. If enacted into law, this Criminal Code Reform Act of 1973 would work a drastic modification of the Federal Criminal Code. What follows is a brief discussion of the bill and some of its more strikingprovisions. Nixon's bill had been described by a careful student of its detailed provisions as a "radical proposal that reverses a century of legal thinking." For example, it would restore the death penalty outlawed by the U.S. Supreme Court in 1972 in Furman v, Georgia, 408 U.S. 238. Section 502 of thebill would permit an insanity defense only if the defendant did not know what s/he was doing. The existence of a mental disease or defect would not affect the question of guilt or innocence. Compare, e.g., U.S. v. Browner, 471 F. 2d 969 (D.C. Cir. 1972) (en bane); Durham v. U.S., 214 F. 2d 862 (D.C. Cir. 1954); McNaughten's Case, 7 Eng. Rep. 718 (1843). Section 531 so limits the definition of entrapment as to virtually eliminate it as a defense. That undercover agent provocateurs employed deceptions including the provision of explosives, firearms or narcotics and solicited criminal conduct "does not in itself constitute entrapment." Compare U.S. v. Russell 411 U.S. 423 (1973), rev'g 459 F. 2d 671 (9th Cir. 1972). Given the number of recent political cases in which it has been established that government agents not only encouraged the commission of crimes, but supplied the very means by which to accomplish them, this - — re-writing of entrapment law has significant implications. The government's power to conduct electronic surveillance is broadened considerably. Notwithstanding the decision in U.S. v. U.S. District Court, 407 U.S. 297 (1972), Section 3126 permits electronic surveillance in any situation, foreign or domestic, as long as it involves "national security" as defined by the President. Unlike present legislation which restricts court approved surveillance to defined crimes, (See 18 U.S.C. Section 2516), Section 3127 would allow electronic surveillance in the investigation of all federal offenses. Leaving no stone unturned, the Nixon proposal significantly broadens the scope of conduct deemed criminal under federal law with particular attention directed at political activity. For example, unauthorized acquisition or publication of government information, whether or not actually harmful to the U.S. can subject the news source, reporter and publisher to the penalties of at least 8 overlapping criminal statutes, which range up to life imprisonment and death. Sections 1122-24 create a virtually unlimited discretion to deny public access to information which the government chooses to suppress, as "relating to national defense." Proof that a document was wrongly classified would not constitute a defense. In short, Nixon would create an Official Secrets Act, a control over the flow of ideas and information never before seriously considered in this country. Compare 18 U.S.C. Sections 793 et seq. Building on the recent obscenity decisions of the Supreme Court, see, e.g., Miller 413 U.S. 15 (1973), Section California, v. 1851 bans explicit representation of sexual acts or genital organs and places the burden of proof on the disseminator to prove nonobscenity. Good faith belief in the nonobscenity of the material is excluded as a defense. The frontalassault on the First Amendment is continued by a series ofprovisions designed to make criminal many forms of continuedpage 6 — - , party B This Thursday, March 14 CROSSBOW INN 3180 Sheridan Drive OPEN BAR BUFFET Food served approx. 4:30 Faculty Invited, Guests $2 J§§| iSSSS ;|i| SSSS WMMittMmMtt\ SSSSSSS^SiSSiSSS:?: DROWN OUT MARCH BLUES' �March 12, 1974 Opinion 4 Report on Professional Program Continued from Last Issue This issue of Opinion concludes our publication of the Long-Ranpe Planning Committee's professional program section Oi its seven-year master plan for the School, the first installment ofwhich was printed last issue. Copies of the full reports on professional program, continuing legal education, and clinical education are on reserve in the library. Students who would like to make suggestions should contact one of the student members of the LRPC, presently Debbie Brodnick, Bari Schulman, and James Gauthier. 7. Legal education is by no means merely a matter of offering courses; its quality depends fundamentally on the quality of associationa! life at the school. It was noted earlier that the slackening of the formal curriculum's hold on the attention of students after the first year releases lime that they can valuably fill with extra-curricular activity related to law if there is opportunity. The exceptional vitality of the International Law Society, the recent creation by student initiative of a Legislative Drafting Service, the expansion in the number of jobs for student research and teaching assistants all promise well for a richer and more diverse associational life at this school,but by themselves affect very few students. 4. Some Constraints on Innovation Not enough faculty. Our present ratio of faculty members to students is 1:22. At the end of this period of the Plan, it is expected to be 1:18. These ratios, though on a level with those of other law schools, are disturbingly low. Compared to other programs of graduate study, law schools, as has often been pointed out, are-run on the cheap. Most of the new proposals in this Plan are faculty-intensive. Clinical and simulation programs do not function well at ratios above 1:10. Incorporation of "problem" approaches to skills training into ordinary law courses makes severe demands on the timeof law teachers, who have, by long and admirable tradition, always done their own grading. One cannot assign very many writing projects to 70 or 100 people. And these, of course, are extra demands made by innovations in the professional program alone. There is the danger that the need simply to meet staffing requirements of the professional program as it now exists will get in the way of our trying anything new and different, or doing it inadequately if we do try it. Better a few, small, adequately staffed programs for some than something half-baked for everybody. Experimental nature of much interdisciplinary work. The course of attempts to integrate law and the other social sciences never has-been smooth. Indeed, the failure of much of the rhetoric of the blessings to be achieved by such integration to be justified by results has soured many law teachers on the whole enterprise. But one should be on guard against this reaction, which is overreaction. This situation has, however, rapidly improved. The integration of law and social science still sounds easier to do than it is; but the occasional disposition to write off the attempt as worthless must be resisted. Lack of Student Interest. Law facultieshave always been primarily teaching faculties; they do little research that will not eventually pay off in the classroom. The consequence of this is that the law professor whose current research is of little interest to his or her students is a split personality, impaled on the two horns of the roles of scholar and teacher. Law professors became professors in part because of intellectual interest in the law; the students they teach want for the most part to become not professors but lawyers. One can fairly reliably project a greater degree of instrumentalism on their part than on their teachers'. This suggests two conclusions. The first is that a limit on the ability of the majority of faculty to try fresh approaches to the study of law will be set by the disposition of students to accept such approaches as relevant to their concerns. If the faculty member is convinced of the importance of the approach to professional training, he or she must search for the skill to convince students of it also. The second is that there must always be room on the faculty for a minority of scholars whose research may have no payoffs for professional teaching except perhaps in the long run, but who are welcomed nonetheless for the contributions that they can make to knowledge. Major Programs During the Period Covered by the C. Plan 3, Experimental First-Year Curriculum a. Need for the experiment. A majority of the Committee believes the present design of the first year unsatisfactory because, they assert, its organization into doctrinal fields has ceased to be functional, there is - repetition, overlap, and overemphasis on a select few types of legal skills and problems at the expense of others. This viewholds that the inadequacies of the first year cannot be cured through the traditional method of development by way of individual changes carried out in the sealed compartments of individual fields. b. Design of the experiment. This enterprisedepends on finding four to six faculty members who would volunteer to perform it. These faculty members would spend at least a summer before the start of the experimental year planning a curriculum and assembling materials for it. The curriculum would be planned for a single section of the incoming first-year class (one-quarter of the class). Incoming students would be advised of the existence, purposes, and outline form of the experimental section, and given the opportunity to transfer in or transfer out of it. The faculty volunteers would take charge of the section forits entire first year. They could structure the year in any way they found wise. c. Evaluation. Design of evaluation procedures wouldbe left to the volunteers. d. Resources required. 1. Faculty time. One summer of the full time plus a year of at least half the time of four to six faculty members. That is, each volunteer would be teaching no more than two other courses during thai year in the regular curriculum (or in Legal Studies). 2. Funds. Summer grants to pay for the time of faculty volunteers, secretarial time, and xeroxing of materials. It is also quite possible that a sensible plan would want the services of one or more students as research, teaching or staff assistants. c. Possible benefits of the experiment. At the very least, one could expect a careful review and evaluation of the nature and functions of the present first-year curriculum. If the experiment is a total failure, one could find out at least why the students in it thought so. If parts of the experiment seemed successful, but the experiment as a whole were thought not worth continuing, such successful aspects could be' used by the volunteers and other faculty in their teaching. If much of it seemed successful, the materials and approaches developed in it could be used by other faculty here, and an article in the Journal of Legal Education, publication of the course materials, or other means used to publicize its virtues abroad to teachers in other schools. f. Possible costs. The fairest prospects for the experiment are a function of the largest possible allocation of faculty time to it. This means, of course, that it competes for such time with the professional program of the upperclass years, and the developing programs in Legal Studies, clinics, and State and Local Government. Those who believe that the first year is the critical one for realizing innovation in legal education will be inclined to think it worth the costs; others will not. The Possibility of a Chair in the Legal Profession 4. It is no secret that the legal profession is coming under increasingly intense scrutiny. Law teachers, with some distinguished exceptions, have been curiously inattentive to these problems. The standard sorts of ethics courses offered by the schools have been particularly disappointing. The- importance and complexity of these issues suggests to us that it may be appropriate for our Faculty to acquire someone who would make the study of, and teaching about, the legal profession a full-time job. We therefore recommend that the Faculty form a committee to study the possibility of establishing a chair in the legal profession. 6. Some Approaches to Rationalizing the Curriculum The Problem. The scarcity of faculty time relative to the demands made on it by ventures both new and old raises questions about whether this resource is being efficiently used, (a) It may be that one of the unhappier consequences of faculty independenceis the disinclination of faculty members to plan in concert what shall be covered in their courses. Such planning as thereis must be performed by the Provost and Associate Provost whohave offering the same subject in different sections (e.g., the required courses of the first year), different courses in the same section, ordifferent courses with some common core Federal of subject-matter (e.g., Constitutional Law Civil Procedure jurisdiction Administrative Law Criminal Procedure). No student can know except through gossip in what orderit makes sense to take these courses; few teachers can know when they may confidently rely on their students' having taken them, (b) For all its virtues as a teaching device, the Socratic method to some extent limits the varieties of teaching and learning. It is slow going; 30 pages per class is about as much as one can assign. Once accustomed to it, students seem to find it hard to learn any other way. The method undiluted may make sense when the teacher is primarily interested in skills training; quaere whether it makes as much sense in some of the more practice-oriented courses of the third year when the teacher is also interested in substantive coverage, (c) The curriculum may suffer from the rigidity of the time-frameavailable to give courses in: basically the 16-week, three-hour course. This means that a teacher must give 16 weeks work of coverage to fields that he believes are worth only 50% as much, or are worth 150% as much, (d) Another rigidity might be described as the "one course-one person" rule: that a quarter of each faculty member's teaching load is to be devoted to a standard three-hour unit rather than, for example, being spread in one-eighlh-load contributions over two units. Are there remedies? The obvious solution that presents itself is the creation of committees of consultation of faculty members in fields having common content. The strong administrative model would require that during the springsuch committees filecurricular plans describing what should be taught, by whom,and in what time-units in the following year. The weakestmodel would rely simply on the addressing of hortatory words to the faculty in the hope that such planning would take place spontaneously. The Committee's job would be to suggest to the faculty such modifications as would make the courses fit together more neatly. The problem of the inflexibility ofcurricular units is much more easily solved by making available the possibility of giving courses in units smaller than the standard (mini-courses). Caveats and Reservations. These are not mechanical problems simply, but touch upon some of the most sensitive aspects of academic freedom.What doesand does not violate academic freedom in a law school is in large part a matter of custom. Precisely where these modest proposals for rationalizing the curriculum fall in the borderland between proper direction and impropercoercion is difficult to say. The more formaland more centralized the directionof this rationalizing process, the more acute become the problems of academic freedom. Some would argue that such rationalization is inherently a conservatizing force; that productive growth in law schools arises only through diversity; that faculty members who wish to coordinate their efforts by cutting across traditional definitions of fields will do so without prompting, and maybe prevented from doing so if, as is likely, coordination along traditional lines is directed. Another objection with considerable force is that the efficiencies anticipated from such mutual planning are illusory, in that such consultation would divert to committee meetings a good deal of faculty time from teaching and research for the sake of only slight marginal efficiencies in the curriculum. The case for some rationalization and direction, however, is defensible even if it concedes the justness of these reservations. Its proponents would say that the objection is not to productive inefficiencies, to repetition, overlap, gaps, per se, but to such as are arrived at simply by inadvertence. On the narrower question of the desirability of certain alternate modes of teaching lectures and mini-courses, members of this faculty were surveyed earlier this Fall. The survey revealed affirmative support for the recognition of the administrative possibility of breaking 16-week courses into smaller units, support ranging from mild interest to enthusiasm. Few respondents had affectionate responses to the idea of lecture courses; those few who did saw them as a means of more efficient preparation only in the most obviously "bar" preparation courses, e.g., New York Practice. Those who questioned the value of lectures saw them as a retrograde step, or queried how students' work might be evaluated. Many thought that Ihcy failed to involve students in problems as the Socratic style does. Much more thought, clearly, must be given to the wisdom of using lectures to promote no more information about what goes on in courses than the course titles. This means that faculty giving advanced courses go over ground thai is old to some of their students and completely new to others; or take for granted that their students know all about some subject when in fact only some, or none, have ever heard of it. Insufficient consultation jnd collaboration among the faculty may also frustrate whatever interest there may be in introducing a modesl degree of specialization through sequenced courses to the J.D. program. Coordination is simplest (and in fact now uncommon) among faculty offering courses in the same special field (e.g., Tax A and B, Procedure A and B). It is neither simple nor frequent, however, among faculty efficiency. — - - — - — �March 12, 1974 Opinion 5 LRPC Report on Clinical Education Introduction the Program. He or she will be responsible for preparation ing and evaluating the individual performance of each stuThe Faculty of Law and ) urisprudencehas manifest- of teaching materials, coordination between the SLFs, and dent. In addition to individual oral presentations it might ed a deep commitment to the continued development and i overall project administration. The Project Director will be be possible to base the evaluation on individual working refinement of the professional program. Our primary ; a regular member of the faculty, and will devotehalf time papers or background memoranda, which each student teaching mode remains the Socratic and case methods to the Program during the experimental period. would be required tosubmit along with any memoranda or which rigorously train the student in legal method and In the proposed model the year for the Simulation documents bearing the name of his team. The significance reasoning, and in substantive legal doctrine.Clinical educa- Phase will be divided into time segments, one for each of of the evaluation will be mentioned below in the discustion, a complement to the traditional program, provides three phases: (a) a twelve-week Small Case Phase; (b) an sion of grading. students with a different perspective on the law by inter- i eight-week Big Case Phase; and (c) an eight-week Trial The completion of each case in the Small Case Phase relating the theoretical aspects of law study with the real- Phase. would provide an appropriate occasion for a monthly ities of law practice. meeting of the SLF. This would have many of the features It is generally acknowledged that clinical education of seminars conducted in conjunction with conventional A. The Small CasePhase provides a mechanism for imparting to students the skills Thiswould cover the first 12 weeks of the fall semes- clinical programs. In each of the meetings issues of profesthat are essential to the practicing lawyer, i.e., interview- ter. It would consist of three segments, probably allowing sional responsibility would be explored; salient aspects of ing, counseling, negotiation, investigation, fact gathering about four weeks foreach. the past month's experience with the particular case would and analysis, legal research and writing, and drafting. HowThe SLFs would be paired forevery case. The mem- be reviewed; important doctrinal issues would be discusever, pedagogically sound clinical courses serve a variety of bers of one SLF would always have members of another sed; general criticisms would be aired; and some mundane other educational purposes as well. Clinic provides stu- for adversaries. Whether the same two SLFs are pitted problems of law office management and economics might dents with an opportunity to observe and experience the against each other in all cases in the Small Case Phase or be brought to light, as they bear on the larger problems of panoply of devices that are used to resolve disputes in the are rotated depends on the administrative complexities in- providing legal services. legal system. It is, therefore,essential to acquaint the stu- volved. Some of the steps suggested for the first case of Assuming the same two SLFs were paired forall the phase one wouldbe repeated in developing the commercial dent with the variety of problem-solving techniques available to the practitioner. small cases, the Managing Partners, in consultation with law and tort cases that follow. But these problems should Clinical education provides students with a milieu their respective Practitioner Partners, would select three be carefully structured to add variety to the lawyering which encourages them to reflect and synthesize doctrine areas of law from which they would then jointly develop experiences provided, both to give adequate exposure to as analyzed in the classroom with thelaw as it is applied in three problems or clusters of problems. They might in- the major law office practice skills programmed for the the system, i.e., the law on the books as compared with clude problems in such fieldsas matrimonial law, commer- Small Case Phase, and to avoid boredom from repetition. the law in action. This process is a stimulating intellectual cial law (including small business counseling), administraB. The Big CasePhase exercise and serves theadded purpose of alerting our stu- tive practice, and torts which second-year students could This phase might take about eight weeksand consist dents to the problems of justice in the community, partic- handle without special coursework beyond the first-year ularly insofar as the poor are concerned. curriculum. of the first threeweeks of December, one week in January Episode 1. Prior to the first week a dossier will have (coinciding with the start of the second semester), and The Integrated Professional Practice Training Program been submitted to persons recruited to play the role of fourweeks in February. Specialization might be introduced at this point. The This section of the report contains a description and client. It would contain certain facts essential to the unbudget for the proposed clinical program for theacademic folding of the case as programmed by the Managing Part- biases of the Managing Partners and Practitioners of a years 1974-76. We are optimistic that the incorporation ners, and possibly indicate the extent to which the clientis couple of Paired SLFs might dictate concentration in partiof this comprehensive program, which integrates simula- free lo add details,color or gloss. The focus of Episode 1 is cular fields of law, such as a range of cases in the fields of tion office, trial practice, and clinical experience spanning the initial interview of the dint. Problems of time, space torts or cases in one sub-area of torts (e.g., libel, products two and perhaps all three years of the ).D. program, repre- and supervision would probably make it impossible for liability, automobile negligence). The operations in this phase would not be as highly sents a significant advance in clinical legal education. The each two-man team Iq, cpnduci a separate interview, Integrated Professional Practice Training Program (herein- though through the use of audio-visual equipment we structured as those in the Small Case Phase. Each team after referred to as the Practice Training Program or might be able to achieve this. One alternative would be to might be assigned just one case for the entire eight-week P.T.P.) contains two components, the Simulation Phase stage the interview or interviews (if more than one fact period. There would be more time and greater need for followed by the Clinical Phase. The Simulation Phase is situation, hence more than one client) at one session for independent field and library research, and less frequent primarily designed for second year students. Upon comple- four teams, and at another session for the other four occasions for monitoring student performance. Opportunition of the Simulation Phase, third year students may en- teams. ties for individual consultation with the partners wouldbe roll in the practical curriculum or Clinical Phase which As in other aspects of their work on the cases, the greater. The activities might include such episodes in the uninvolves the resolution of "real" or "live" client cases, as students would be assisted by readings (on this occasion, permitted by the laws governing student practice in New relating to lawyer-client interviewing) supplied in advance, folding of a lawsuit as (a) counseling sessions with the York State. The two components are structurally distinct and the discussions of the students' performance would client; (b) monitored telephone conversations with the adbut are inseparable in terms of the pedagogical objectives relate back to the readings. Over time, sets of readings or versary; (c) field investigation, including the interviewing of the Program. manuals would be prepared and constantly revised and im- of witnesses; (d) library and documentary research; (e) the The major innovations are structural in nature, proved for general usage in the Simulation and Practice preparation and service of process and pleadings; (f) deposfollowing from the adoption of the law firm as a model for Parts of the Program. itions and interrogatories; (g) the argument of pretrial organizing and scheduling student activities. Students enThe case statements and strategies should be de- motions, backed up by written briefs; and (h) the briefing rolled in the program would join simulated law firms veloped in such a manner as to allow the student the and argument of appeals from rulings on pretrial motions. Periodic sessions, including firm meetings (seminars), (SLF's). The professionalpractice concept denotes concen- broadest possible view of the processes of the law office. tration of the skills training a neophyte lawyer or law clerk They should be designed to furnish insights into the practi- wouldbe included. Occasionallectures on particular aspects would ideally be expected to receive in a law firm. The cal considerations which frequently lead to lawyers'decis- of practice would be scheduled for each SLF separately or roles of "lawyer" and "clerk" are substituted for thoseof ions, as well as to the way lawyers learn law and apply it to at seminars for some or all the SLFs. We suggest that conthe classroom teacher and student. facts. This would call for a discussion of the firm's fees as sideration be given to folding the existing Appellate Practice course into a Simulation Part of the Program at this Integration is to be achieved in yet other ways. Par- part of the opening dialogue with the client. continued next issue Episode 2. The activities in the second stage would juncture. ticipants from the Law School faculty wouldwork in tandem with members of the Bar. Students of different class consist of analysis of facts gleaned from the interview, legal basic issues, relevels would work together. Clinical programs confronting identification of'factual and legal third-year students with live clients would be linked with search, and the preparation of memoranda laying out a simulation training. The operations of the courtroom strategy or alternative strategies for a negotiation. The students would be expected to be on their own, would be tied to those of the law office, avoiding distortions created by the tendency of conventional clinical pro- being put to the burden of a lawyer thrust in to an unlawyering litigating. Finally, with there familiar field of law or practice. The students would have equate grams to would be fresh opportunities to integrate the teaching of the benefit of consultation with the Managing Partner and practive skills with the teaching of substantivelaw. other designated partners. The students would be required to submit memoranEach phase of the Program would begin with the problem of a "client," and the episodes that follow would da outlining their proposed strategies. The Program might remain client oriented, no matter how deep the students also require the submission of a first draft or outline of a may probe the theoretical foundations of the legal issues legal document, such as a separation agreement, anticipated in the next episode. involved. Episode 3. This would be the negotiation stage. The problems of scheduling monitored negotiations would be Simulation Phase would be desimilar to those noted in connection with staging theinitial In the Simulation Phase the students ployed among four groups, which would be formed into interviews. However this is done, a subsequent session or SLFs. Each SLF would consist of the following: (a) a full- sessions would be useful to discuss the various negotiations lime faculty member (the "Managing Partner"); (b) two and comment on the students' performance. Episode 4. During the final week of the period for volunteer practicing attorneys ("Practitioner Partners" or "Practitioners"), selected by the Managing Partner with the matrimonial case the respective learns would be exthe approval of a designated committee; (c) other outside pected lo complete the negotiation of a legal solution to lawyers appointed lo serve in special capacities in connec- the problem, such as an agreement lo separate, and protion with particular types of cases, or training in particular duce a signed document putting the matter to rest. Counsel"); These and subsequent similar operations of the Pro- O'Brian Hall suffers through Ist winter fire drill, as types of skills such as trial advocacy ("Special and Dean, huddled near door, join (d) 12 to 16 second year students ("Associates"). In addi- gram should be planned so as to add one feature not re- administrative staffBelling of named administrator flecied in the foregoing description a method for isolat- students outside. as tion, a Project Director will be < �March 12, 1974 Opinion 6 Nixon's Crime Bill continuedfrom page 3 as mere membership in an organization accused of War and in the civil rights struggle. Penalties range up such an objective or recruiting members. to life imprisonment or a $100,000 fine. Notwithstanding the disclosure of unlawful and For example, Section 1111 prohibits obstruction of a government service or defense facility and otherwise improper conduct pervading the highest delivery of defense materials of the U.S. or an "ass- levels of the Nixon regime, Nixon still has the politiociate nation" (South Vietnam or Cambodia) with cal power and arrogance to mount a fundamental intent to harm the defense effort. Section 1112 pro- assault on poor people and on democratic values. hibits such obstruction, regardless of intent. Section Seven of his top aides were recently indicted and the 1116 would punish, among other offenses, sit-ins Grand Jury found evidence with which they could and mass picketlines at induction centers or at have indicted Nixon himself. We have seen that they campus military recruitment drives; Section 1117, don't feel thatrule of law applies to them. The substance of the proposed legislation dementitled "Inciting or Aiding Mutiny, Insubordination or Desertion," appears to be aimed at the Gl Move- onstrates, once again, that those in power in the U.S. consciously propose simplistic and misdirected ment. Still another provision, Section 1335, would methods of curbing the sharp increase in crime, make criminal conduct impairing an official proceed- rather than seeking to deal with its root causes. Any ing, including excessive "noise". Section 1328 seeks serious effort to reduce crime must aim at chronic to punish persons demonstrating (even silently carry- unemployment, rising prices, and alienation brought ing a sign) within 200 feet of a courthouse where a about by racism and discrimination. trial is in session, or within 200 feet of a judge's The Nixon strategy is based, politically and economically, upon the oppression of poor and working residence. people for failand the repression of the dissident. It follows Section 1804 provides for mass arrests ure to disperse, although no riot or violence has inexorably that rather than improve the lives of the occurred. And a provision entitled "Temporary Resi- poor, Nixon seeks only to put and keep them in jail dence of the President" would, upon mere designa- more easily and in greater numbers. Also inevitableis tion by the Secretary of the Treasury as "offlimits", his attack on thosewho would challenge this philoban all demonstrations within sight or sound of the sophy. As prices continue to skyrocket, peoples' President, even if he is merely passing through the access to travel and heat is more severly curtailed, area. It looks as though the Emperor doesn't want unemployment continues to climb, and the oil comany of us to tell thathe has no clothes. panies continue to make record profits; the need for The ultimate measure of Nixon's attack on the repression is going to be increased. The more that First Amendmentis the provision that seeks to resur- the people are starved and robbed, the more they rect the infamous Smith Act, 18 U.S.C. Section become a threat to the powers of Rockefeller, his 2385, which had prohibited advocating or teaching fellow multi-billionaire, imperialist friends, and their the desirability of overthrowing the government by puppets like Nixon. force or violence. The Smith Act was upheld in DenAn all out effort is needed to defeat the Criminis v. U.S., 341 U.S., 494 (1951) but later rendered nal Code Reform Act. People should request copies "inoperative" by the Supreme Court's decision in from their Congresspeople. They should demand Yates v, U.S., 354 U.S. 298 (1957). Section 1103 that their representatives familiarize themselves with punishes "inciting" overthrow of the government at the legislation and announce publicly their strong some future unstated time and .such nonviolent acts opposition. protest employed in opposition to the Indochinese BLP: One Semester, Going Strong BLP stands for Buffalo Legislation Project which was begun last semester by a group of third year students headed by Jim Clute. Twenty law students from all three classes contributed to the BLP in its first semester. So far, 25 students have been assigned to projects this semester. The BLP has two goals: 1) to provide research assistance to individual legislators and committees at both the state and local levels; and 2) to provide law students with an opportunity to develop research, writing and drafting skills. Last semester, legal memorandas and drafts of bills were com- pleted on the following topics: a sentencing review board for New York State, mandatory deposit on all beverage containers sold in Erie County, provisions for abandonment in state eminent domain proceedings, discrimination against the handicapped, and Fifth Amendment rights of New York State public officials. This semester research is underway in the following areas: a health data bank for Erie County, changing the contributory negligence rule in New York State to one of com- parative negligence, pay increments for police officers based on credits received for higher educa- tion, small business procurements, the Corporation Law, and conflicts of interest in criminal justice. The number of projects the BLP takes on each semester is limited only by student interest. The BLP so far has had more requests from legislators than it can handle. The BLP directors are also willing to solicit in areas of particular interest to individual students. Any students who are looking for an opportunity to do practical legal research should contact the new directors, Jan Morelli, Ben idziak or Pam Heilman, in the BLP Office, Room 505. Turn of the Screw by lan DeWaal Students will now have the opportunity to meet with and interview prospective faculty members. After each session, student opinions on the candidate will be solicited and forwarded to the Appointments Committee for their consideration. Notices of upcoming interviews and the time for a "group" student interview will be posted previous to the arrival of any candidate. In addition, faculty members in the field of the visitor will be asked to notify students with a particular interest in the appropriate area and ask them to participate. Student groups or academic advisory committees in the subject will also be contacted. Once notice has been given of an upcoming interview, ) would appreciate anyone who is interested in speaking with the candidate signing up in 303 O'Brian before the scheduled date. This will facilitate the collection of comments after the interview. There has apparently been some wide-spread confusion over the procedures for applying for New York State Higher Education Ass i sta nee Corporation (N YHEAC) Loans and Scholar Incentive awards. These are the correct procedures for applying for next effort to approve the amount you request. The maximum per year is $2,500 for a maximum total of $10,000 including undergraduate loans. The application is then forwarded to the lendinginstitution for approval. After which, the NYHEAC determines the eligibility of yeart The time to apply for a NYHthe student and notifies the lendEAC loan is during the summer at ing institution, school and the stuthe earliest. At that time, go to dent. the bank where you usually transThose students applying for act your business and secure an application. The primary reason Scholar Incentive awards should for using the bank of which you make application at the end of are already a client is that they June, beginning of July. If you know you and it might eliminate have received an award this year some red-tape. You are perfectly an application should be automatfree to go to any bank you wish. ically sent to your home in early After you secure the form it summer. If you do not receive an must be completed and forwarded application you can obtain one by to the Law School to certify that writing to the Scholar Incentive you are a registered student and Center, 99 Washington Avenue, then sent to the Financial Aid Albany, N.Y. 12210. Office to verify your need. If you A proposed list of penalties for have not applied for Financial the mutilation of library materials Aid, a supplemental form will be has been posted on the round bulsent to you for completion. The letin board right inside the library Financial Aid Office makes every doors. Take time to read it. 4 Tier Wins continued from page 7 tiers would rather prefer an intermediate option than the present five-tier system. Hence, in that interpretation, a four-tier system, such as the School had prior to January, would win greater preference than the five-tier system in all classes, and by better than 2-to-1 margins. This interpretation, these members of thead hoc committee feel, is explicitly supported by the results of the firstIst Year Class 2 tier: 46 3 tier: 26 4 tier: 64 5 tier: 55 year vote on the Q+, which indeed reflects a 2-to-1 preference for the four-tier system. The ad hoc committee is presently preparing a statistical analysis of the referendum results for presentation at the next APPC meeting, at which time the ad hoc committee is expected to ask the APPC to recommend to the full faculty a return to the four-tier system of last semester. 2nd Year Class 2 tier: 23 3 tier: 17 4 tier: 20 5 tier: 26 3rd Year Class 2 tier: 14 3 tier: 11 4 tier: 12 5 tier: 15 Q+ Grade (Ist Year) Yes: 57 No: 129 Total Vote 2 tier: 93 3 tier: 61 4 tier: 108 5 tier: 105 Katz Case Settled who sets out to grade a stack of blue books with a mental model of a three-tier grading stystem (H, 0,-and F) is more likely to award a significantly larger number of F grades than one who uses a fourcategory system," despite contrary intentions. Weighing the percentages of F's awarded by Katz in order to determine the likelihood of harm to the grievants from this "mental model," the Board found that, white F grades constituted only 2% of all grades awarded that semester, Prof. Katz had given 13% F's in Evidence, 25% in Federal Jurisdiction,and 19.4% in the Criminal Law section from which the grievance was taken. As these continuedfrompage 1 grading patterns indicated that the grievants were subject to "the possibility of unfairness," the FSRB decided remedy was justified and hence recommended to the Provost that the grievants' grades be changed from F to D. As for those students other than the 13 who received F's from Katz during that time period but who have not filed grievances, the FSRB described such parties as "a class of individuals who were subject to an equaf, but unquantifiable, risk of harm and therefore may be eligible for the same relief." That issue, however, will be adjudicated when and if grievances are filed by those other affected parties. Students Protest Labor Law Dearth ••re- Considerable agitation is occur- can receive in Labor Law. ring because of the prospective A meeting was held on Februtotal lack of upper-level Labor ary 25th to discuss this matter, Law courses next year. This un-i- Although rather sparsely attendexpected situation was caused byy ed, perhaps because of the relative the recent decision of Professor lack of notice and conflicting clasJames Atleson, who normallyy ses, several students suggested an teaches those courses, to take an effort be made to obtain visiting unpaid leave to accept an appoint-t- faculty to cover this gap. Some ment as a Visiting Professor at the names were suggested and a petitUniversity of Minnesota. He willII ion formulated. That petition, be gone the entire 1974-75 aca- i- which merely states that the demic year. Further complications undersigned have a sincere interest are added by the long-scheduledd in taking such upperlevel courses, sabbatical of Professor David Ko- had been signed by more than chery in the spring of 1975. Pro- fifty students by March 5th. It is understood that a resolufessors Atleson and Kochery normally alternate in teaching the tion in support of these efforts r n e s ,-»e basic Labor Law course. was introduced at the SBA meetThese absences mean that onlyy ing on March 8th. Don Lohr, newthe basic course may be taughtt ly elected president of the student next year, and that only in thee body, had stated that he saw no first semester. Even that is nott obstacle in its passage. certain. This dearth is especiallyy A meeting with Dean Schwartz serious to those juniors who havee has been scheduled for some of a long time interest in Labor Law.'. the organizers of this drive on They will be seriously hamperedi March 12th. At that time the in getting employment in thatt petitions will be presented and the area. Freshmen will also be re- I* problem and various possible solustricted in the concentration theyi tionsdiscussed. APARTMENT FOR RENT: 4 bedroom apartment, fully carpeted and with dishwahser, located mid-way between Law School and courts. $65 monthly per person, preferably four law students. Includes utilities. 1769 Bailey Aye., near Walden. Call 634-1754. TYPING: experienced typist will prepare your resumes and assignments. Reasonable rates, pickup and delivery to O'Brian Hall Call Cheryl, 836-8108. FOR SALE: Used grey wool carpeting with pads. Ideal for student apartment. 107" x 910" $20; 104" x 18' $25. Also, a sealskin coat, size 16 $20 or best offer. Call Tuesday or Wednesday 5-7 pm 832-8621. - �March 12, 1974 Opinion C.A.S.B.A. Sweeps SBA over independent candidates, a pool of about 60 votes providing theirelectoral strength. In the first year elections, although contested, the C.A.S.B.A. slate of Bert Slonim, Carl Howard, Steve Kaplan, Bette Gould, and Ruth Siegel counted upon a pool of about 100 votes to defeat several independent challengers with the exception of Margaret Wong. In all the contests, there was reportedly little "ticket-splitting", with the C.A.S.B.A. ticket drawing straight support on many ballots. Chui Karega won uncontested election to an FSRB sear when C.A.S.B.A. candidate Carl Howard's nominating petitions were continued from page 1 rejected due to insufficient thirdyear signatures. Hardly had the dust of balloting settled when post-election analyses were being advanced by S BA sources, victorious candidates, defeated candidates, and variousstudent groups. One view of the C.A.S.B.A. success was that students generally were dissatisfied with the accomplishments of SBA and desired the stronger leadership which a unified slate might provide, while others attributed the sweep to various factors such as the size of the freshman vote, women law students as an organized group or as a voting bloc, and ideological loyalties. Less positively, the C.A.S.B.A. success was described SBA Changes Guard, Grants Recognition by DennisPasiak Don Lohr took over last week as SBA president succeeding Marty Miller, who was presented a plaque for his outstanding contributions to the SBA and to the school. In turn, Miller, before handing over the gavel to Lohr, gave recognition to the "unselfish and valuable contributions" of Jim McLeod, Chris Greene, Hugh Scott and Ray Bowie to him personally, to the SBA, and to the school. In addition to the "changing of the guard" a number of topics were discussed at the short SBA meeting of March 1, 1974. Shirley Bevel, whose name was left off the ballot in therecently completed Ist yearelections, has challenged the validity of the elections to 1976 Class on the board of directors. The faculty Budget and Program Review Committeediscussed the severity of the proposed disciplinary measures for students who are found mutilating library materials. The proposal states that students foundmutilating or stealing library materials will be subject to suspension from the law school for one semester for the first offense, and expulsion for any subsequent offense. The committee felt that this was too harsh a measure and should be considered as an upward limit. Faculty approval of the committee's view is more in the future. Certainly it would have been a simple task to invite someone to the symposium from legal aid, the public defender's office, a Public Interest Research Group, the Attica Brothers Legal Defense Office, and College Z. It is well known that several Buffalo attorneys and legal workers have been attempting to set up a Buffalo Law Collective; certainly it would have been interesting as well as informative to hear of their problems and their sucesses. The philosophical bias underlying the career day symposium is the same bias that apparently underlies the law school faculty's recent decision to concentrate ali clinical efforts at the law school into a simulated law firm program. It is time for the lawschool - - tight. Certainly Placement should be praised for initiating a series of programs designed to inform stu- dents about what it's like in the "real" legal world. But that world Letters: Supercop we are trained to analyse the content of laws. This regulation has failed to measure up to minimal cr jterja: the past. Voter turnout was heaviest in Ist year, where almost 65% of the class voted and where the sheer numbers may have decided the election, since far more freshmen voted than juniors and seniors combined. sought. Five additional faculty members could be hired for next year teaching lines were created. five as However, no additional lineswere provided foradministrative (place- 5:30 P.M., or in the circleand in the unpaved construction area at any time are subject to tagging and being towed away. Student members to Professor Boyer's visiting committee are sought. This committee works with the faculty to decide whether instructors at the law school should be retained, promoted, or dismissed. An SBA committee consisting of Laura Zeisel, Betty Gould and Paul Equale was formed to study the possible rescheduling of second and third year seminars. Also under consideration is a new time for SBA meetings. continued from page 2 and to demonstrate to realize that realization in planning curriculum and placement that not all of us law students plan to practice traditional forms of law. Some of us, in fact, if faced with the prospect of accepting a job with a medium-sized private law firm or with a government agency, would choose instead to seek employment as a waitress orconstruction worker. And even those students who are not repulsed by traditional legal careers deserve to be advised about all the career options open to them at a time when the legal job market is extremely Budgets Unspent includes much more than traditional forms of practice. And students who are interested in exploring alternative forms of practice deserve just as much encouragement and assistance from Placement as do students who choose from among traditional options. By the time the career day format was published this year, it was, according to the Placement Office, too late to make any • State of Disarray In addition to organizations' failure to spend allocated money, SBA accounting itself seems in a state of disarray, with many previously vouchered expenses entered in the books in a manner SBA bookkeeper Shirley Chioses finds inexplicable. The condition of thebooks may, in fact, account for the lack of entries in some organizations' budgets. Under SBA social expenses, for instance, such items were entered as "Client Counseling in Albany" ($5O), "Registration Fee for ABA Convention ($22.34), "Convention Expenses ($94.45), "Secretarial "Expenses" ($B5), and "Sub Board I Services" ($231.50), all under a. category allocated $2000 for the year's parties and social functions. Only the SBA Christmas Party, costing $599.75, appears appropriately enteredunder the social budget. In another case of miscategorized entry, Distinguished Visitors speaker Sharon Krebs' $50 honorarium was entered under the SBA Executive budget rather than under the honorarium line of Distinguished Visitors Forum, where it obviously belonged. This occurred when whomever completed the voucher neglected to indicate the proper account number. One expense properly categorized as "SBA Executive" was, incidentally, a $125 expenditure to purchase commemorative plaques for the outgoing SBA officers. Another question arises with regard to the Distinguished Visitors Forum budget in that it shows no expenses ever spent for telephone, honoraria to speakers, or travel, despite the steady stream of such speakers all through the fall. The only DVF expense thus far this year has been $30 forluncheons for three speakers. In another glaring discrepancy resulting apparently from a breakdown in communications between SBA and its own bookkeeper, Ms. Chioses was never informed of the existence of the Puerto Rican Law Students as a budgeted organization, discovering their existence only when they submitted vouchers for convention expenses. According to the records, the Puerto Rican Law Students had no money allocated, even though the group's budget was approved by SBA at the same time as all the others. Ironically enough, the most recent entry in the SBA books is miscategorized, this being the $10 Women Law Students vouchered for magazine subscription. Although AWLS was given a $35 budget line just for such subscriptions, the expenditure was entered under "office supplies" and so remains. Questions & Puzzlement Several organizations which have reviewed thier budgets have expressed puzzlement as to why certain vouchered expenditures have not been entered properly, while others noted that theirconventions were not scheduled until later this spring and that conventionexpenses alone constitute much of their budgets. SBA has had three, possibly four, different officers managing the budget this year, and since the resignation of treasurer Hugh Scott, Marty Miller, Don Lohr, and Chris Greene all assumed the function to some extent. Reports of large unspent sums had started spreading even before the election campaigns, and several candidates recount contacts with students who questioned the budgets and even the need for an activity fee. SBA must sponsor a referendum on the mandatory student activity fee, presently assessed at $15 per semester, sometime later this changes in the symposium. Let us hope that in future symposia, alternative forms of practice will be included by Placement side- spring. by-side with the more traditional forms as equally legitimate career options. Laura Zeisel Kay Wigtil -for Buffalo Chapter, The Student Chapter of the AmericanCivil Liberties Union will NationalLawyers Guild begin a seminar series tomorrow night with a discussion of "Women and the Law" moderated by Marjorie Girth, Kenneth Davidson and continued from page 2 others, in room 244-46 of Norton Hall on the Main Campus. Time of the seminar, at which questions and answers along with open discus- ACLU Seminar Series - by which sion will be featured, is 7:30 to 9:30 p.m. that no lesser imposition of auth- accidental discovery Following the March 13 seminar, future seminars in the series, ority would accomplish the goal: to enforce the anti-mutilator law. Liberties and the Law," will include a program on i.e. preservation of the collection. It is unsystematic and therefore entitled "Civil Law, Procedure, and the Penal System" on April 10 and Replacementor repair of the dam- unjust to punish only those whose "Criminal "Entertainment and the Law" on May 8. age would be a more reasonable misbehavior is uncovered by reck- the 1) It is based upon the princi- alternative. It is not discussedand less misfortune. Moreover, and the tion is a denial of equal protecpie of "over-kill". The penalty for we do not know why it is reject- penalties are so severe deprocedure so complex as to tion. It proposes to punish stua penciled checkmark in a margin cd. mand the exercise of discretion at dents while denying that faculty is the same as for the theft of a preliminary point. Did the or others could be guilty perpetra2) regulaEnforcement of this some thousand books. Students are to mutilator mean evil or tors of the same offense. It creates be suspended for a term, then ex- tion must by its nature be arbi- midnight away by his zeal to a criminal class who may be punpelled. To impose such drastic trary and capricious. Supercop was he carried acquire knowledge? force and Is intent an ished and allows others, perhaps Wenger police has no "governmental authority" there to hide, element of the crime? more guilty, to escape with immust be a showing that the penal- there are many places 3) important, Most the regula- punity. crime and There is no possible way except appropriate to ty is the continuedfrompage 1 by some as "a simple powerThe same situation appears to be true of Association of Women grab." Law Students, who were budgeted $710 and have spentonly $10 for a According to one of the slate's magazine subscription, although it is understood that-AWLS is now first-year candidates, the purpose planning thenewsletter for whichSBA allocated $50. of the slate was to isolate and Other organizations have similarly spent only for keys or dues. 1'get" certain other candidates Environmental Law Society has recorded an expenditure of only $2 running as independents. for office keys out of a total allocated budget of $475 for items such In any case, analyses seem to as convention, subscriptions, and xeroxing expenses for a research lib; agree that the outcome of SBA rary. International Law Society, with a budget of $585, has spent $15 elections will be increasingly de- for dues to thenational organization of which it is a member. termined by slates or even parties Several organizations receiving less extensive budgets show no of candidates, rather than waged expenditures whatsoever, including Legal Observers ($150) and ACLU by individual campaigners as in ($150). ment) or supportive (secretarial) the election committee which will positions. give a ruling to determing the elecAlso discussed was the parking tion's validity. She was running situation near the school. Cars for a position as a member of the parked in the roadway prior to Letters: Unbalanced Program there will be even 7 - In summation, the anti-mutilation regulation is less than Q minus work which must be opposed and defeated. Unjust law sh ou Id not begin in the law school, it i: bad for our collective reputation. Thomas Schofieid William Savino �March 12, 1974 Opinion 8 Snack Bar Ms. Krebbs: Prison Survivor Pollution The problems of women in prison were presented by a former inmate of Bedford Hills Prison, New York's only facility for women. SharonKrebbs, who currently teaches at New York City's New College, and holds a Masters Degree in Russian Literature, is currently on parole after having served 18 months at Bedford Hills on a conspiracy to commit arson charge. She describedherself as a survivor of the prison system. Ms. Krebbs first noted that.women's prisons are substantially different from men's in that women are not physically brutalized, treated like animals, or feared as such by the guards. Instead, the women in prison are treated as children, and prison regulations socialize the women to view themselves as such. To survive in prison, a woman must learn to put on childish tantrums and be passive. Such behavior is rewarded by prison officials by granting extra privileges to docile women. prisons to rehabilitate, Ms.Krebbs This socialization process also explained, is the maintenance of leaches the women to view them- an institution which thrives on its selves as failures,making themde- own failures. It teaches prisoners pendent on the prison institution only to be prisoners, and the reciand thereby explaining the 70% divism rate which results keeps recidivism rate among ex-prison- the prison populated, thereby providing jobs for guards, and cheap ers. Ms. Krebbs described the re- labor for the state. programs at Bedford habilitation .In response to qucslions about Hills as inadequate to train some- prison life, Ms. Krebbs answered one for employment or to combat that the first two weeks after a the dependency created by prison prisoner's arrival arc spent in total life. The only jobs at the prison isolation. After that one is assignare key punch and sewing, which ed to some form of busy work job she said both use outmoded for 6-8 hours a day. Entertainequipment, and the inevitable cus- ment was mostly limited to soap todial jobs which keep the prison operas on television. Reading operating. A high salary for a wo- materials and correspondence is man prisoner would be $1.25 per all censored, and drugs given out by Dennis Pasiak -Centner Posters, television and radio commercials and even trash cans themselves constantly remind the populace "that every litter bit hurts," to "pitch in" or to "dispose properly." Perhaps the frequency of these statements lessens their impact, for people constantly disregard them and seek alternate places such as streets, lawns, floors and hockey rinks as a depository for their litter in lieu of the waste barrel. Recently, as you have noticed and as the photos indicate, the law school itself has become a sort of wall to wall ashtray or garbage can. The litter situation at the law school has grown more acute in recent weeks, primarily with the to mention wrappers of assorted size and description and old copies of the assorted newspapers sold or given away at the school. Obviously the situation calls for a remedy. My son Benji is at the stage where he leaves jelly beans under the pillow or popsicle sticks on the coffee table, but a smack on the tochess corrects that. Negligent diners cannot be spanked nor can they be dispatched to room 106 to write on the blackboard "I shall not litter" a hundred times. Discussing the problem with various students, the consensus seems to favor a "police your own mess" policy and to pay closerattention to the signs posted around the school. In a discussion over coffee with not available 'downers' are easily developed, and their use is encouraged because of Iheir passive effect on the prison population. Ms. Krebbs said that over 80% of the prisoners are mothers, who have little to say about what happens to their children while they are in prison. If relatives are unable to care for them, they are often placed in foster homes or juvenile centers. Children are allowed to visit at Bedford Hills if they arc accompanied by an aduli. As an alternative to the present prison system, Ms. Krebbs proposed ihe institution of half way houses or work programs which would be cheaper to operate than prisons, and would reduce the reday. freely. cidivism rate by providing the woDependencies on the readily men with realistic training. The result of the failure of the Women's Prison Conference The Buffalo Women's Prison The slide show depicted life in Project sponsored a conference on a women's prison as being training how to be a prisoner, and lackWomen in Prison Saturday, March in 2nd, at the YWCA Women's Res- ing any rehabilitation or training that could make women self sufficient when they arc released. Instead, independence is discouraged. The conditionsdescribed by prisoners. Sharon Krebbs at the DistinguishThe Women's Prison Project, ed Visitors Forum were confirmed by the quotations from women organization years old,betwo an gan as a class in the Women's prisoners in the slide show. Studies College, which held classes for women in theErie County Jail The panel discussion cited the and the Penetentiary at Wende. "problems of children of prisoners, The success of the program led to and the breakdown of family rethe formation of the Project at lationships which result from inthe end of the semester, and the carceration. Much of thisis avoidwork has continued since. able, since most women in prison ource Center in Buffalo. The conference consisted of a slide show, panel discussion, workshops, and art display of works by women AlumniLine by Earl S. Carrel for his long years of dedicated public service to the community; and Robert I. Millonzi, '35, of the firm of Diebold and Milionzi as an outstanding member of the practicing bar. The dinner will be held in the Buffalo Athletic Club with cocktails courtesy of the Liberty NaThe awards will be given to tional Bank and Trust Company. Justice Walter J. Mahoney, '32, of More on the dinner in the next the Appellate Division, Fourth issue. Department for his outstanding performance in the judiciary; Justice Michael F. Dillon, '51, of the I just received a copy of the New York State Supreme Court U/B Law Bulletin, a feature idea The Board of Directors of the Law School Alumni Association has announced the recipients of its Distinguished Alumni Awards which will be presented at the Annual Dinner thisFriday. are waiting for trial or are serving sentences of less than one year. Reforms in the bail system, and alternatives to the prison sentence would help eliminate this problem. The serious lack of medical care, especialiy for expectant mothers who are often placed in infirmaries with patients with infectious diseases, was also discussed. Community involvement around the issues presented by conditions in women's prisons was stressed as a means of beginning addition of the cafeteria on the to correct the faults in these prisecond floor. The eating areas on sons. the second floor are generally decorated with used coffee cups, brown bags, those silly, flimsy cardboard carrying trays and wax paper. On occasion someone in an artistic mood beautifies the tables from University Information Ser- and the floor with either brownvices. The bulletin is a two-page ing apple cores, orange peels, or slinger promoting a new view of slices of stale bread. People genthe school. Copies may be obtain- erally eat lunch early in order to ed from: insure themselves a somewhat University Information Services clean table, or else to spoil some90 Hayes Hall one else's appetite by leaving their SUNY at Buffalo refuse on the table. Although the second floor is Buffalo, New York 14214 the most littered area of the We'd like to thank those peo- school, litter has begun to invade ple who took time from their the classrooms, the lounges, and schedules to participate in Career even now the library. A look Day. It was a worthwhile project around the school will reveal litter and hopefully will be continued from apple cores to, when in seaand expanded in the future. son, perhaps watermelon rinds, —Centner Mr. Paul Goldstein, Mr. Goldstein suggested that if the dining areas are to be permanent, that they should be decorated and better lighted. This would be conducive to keeping the area cleaner. Who likes to eat in a dull and gray atmosphere, much less keep it clean? No one, I'm sure. Furthermore, Mr. Goldstein suggested that signs reminding people to clean up after themselves should be more cheerful and colorful than the bland ones in existence now. Is there anyone with an artistic bent out there who would like to see theirwork of art memorialized on the second floor? These suggestions sound simple, but will they work? We hope so. P.S. Mr. Goldstein and I dis- posed our coffee cups properly. � 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, 1974-03-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/12/1974 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 15:44:00 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/83b4af9e8bd62ca1c5fb2a98e72b4216.pdf 6d37ac044ffbe9d23495be50a2953825 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 14, Number 10 State University of New York at Buffalo Schoolof Law No Replacement for Warren; Dedication Ceremonies Limited With the cancellationof former Chief Justice Earl Warren's dediill health, the Law School has been forced to discontinue planned dedication activities on April 10, thereby limiting the ceremonies to Charles A. Horsky's address on the Bth. In a letter to Provost Schwartz received only weeks prior to the dedication events, Mr. Warren cited his recent ill health, adding that his physicians had cautioned him to avoid colder climes, apparently including such areas as Buffalo. Expressing his regrets, Warren noted that he had looked forward to honoring "the great man whose name will adorn the hall you are catory address due to dedicating." "In my opinion, based upon many years as a lawyer and judge, John Lord O'Brian was as much entitled to be recognized as the dean of our profession in this country as any otherperson. Also, he was a personal friend of mine, and I had the pleasure of visiting with him briefly only a day or so before his death," Mr. Warren said. Questioned as to efforts to secure a replacement speaker, Provost Schwartz explained that the School had "explored possibilities with a few people, but it was really too late to be considered The assumption was that we needed a distinguished person who .. knew John Lord O'Brian and could prepare an address in a month." It is understood, from faculty sources, that Archibald Cox and Chief Judge Charles Breitel were among those approached to speak at the dedication, but neither was able to accept due to the shortness of notice. The April 8 ceremony, the only one now remaining, will include the address by Horsky, a partner of O'Brian's in the Washington firm of Covington & Burling, the presentation of a portrait of O'Brian by Virginia Elliot, and the unveiling of a Library display dealing with Western New York legal history. AlumniPresent Awards, Pledge Support for School by Ray Bowie judiciary as in the Senate." Addressing the assemblage, Justice The Law Alumni Association, Mahoney pledged that "the alummeeting for its 12th Annual Din- ni will do the job, to bring UB ner and the presentation of Law School to the eminence it awards to three distinguished once deserved under that great members, was told by both Asso- dean, Carlos C. Alden." Headded ciation President M. Dolores Den- that "alumni have been chagrined man and Dinner Chairman Rud- at what we see sometime profesolph U. Johnson of the Law sed by those who seek to repreSchool's need of alumni support sent the Law School, as they for "worthwhile projects such as don't represent the best UB Law Moot Courtand the Law Review's School has stood for." Speaking of the selection O'Brian dedicatory issue." The Alumni Dinner, held at the Buffalo Athletic Club on March 15 and attended by about a dozen faculty and students joining the alumni, is the Law AlumniAssociation's chief fund-raiser for the projects and awards the Associationsustains each year. Each year, the Association honors threealumni who have distinguished themselves in the areas of private practice, the judiciary, and public service. Presented with the public service award by Judge Denman for his services to Erie County as its former D.A., Hon. Michael A.Dillon paid tribute to the Law School's former dean, Jacob Hyman, who was among the faculty in attendance. Admitting that, as a law student, he hardly ever understood what Dean Hyman was talking about, Justice Dillon confessed to now being worried, as he was beginning to understand his old Deanafter all. In prefacing the presentation of the judiciary award to Hon. Walter J. Mahoney, Judge Denman noted that Justice Mahoney had spent twenty-eight years in the State Senate but "will be remembered as much forhis career in the Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 pro- cess involved in choosing a recipient for the private practice award, Judge Denman stated that "it is more difficult to select someone in private practice, so this is an extra tribute to Robert Millonzi," who was chosen for the award by virtue of his "having done a great deal for the city in many areas. and brought great honor to the profession." Mr. Millonzi has been active in historic buildings projects, the art gallery and Philharmonic drives. . April 2,1974 Ketter Letter: Autonomy Assured In a letter toOpinion intended to clarify the effect on the Law School of President Ketter's recent administrative reorganization, Provost Schwartz has, based upon "an explicit statement" provided him by Ketter, given notice that "no change in the reporting relationship was contemplated in the reorganization plan," and reiterated that "lest there be any doubt, I had not intended in any way to express approval for a change in the line reporting relationshiD." Alluding to the statement he had received from President Ketter, the Provost quoted Ketter as having affirmed that "the line reporting relationships," or administrative flow of authority resulting from the redrganization, "are identical to those that have been in operation now for several years." Said Ketter, in a portion of the statement made available to Opinion: "I have asked that the Dean of the Graduate and Professional Schools act as a staff member reporting directly to me to act at the post-baccalaureate level as a coordinating Universitywide officer to consolidatedata from the various divisions of the University and to provide to me an overall prospective of this level of education in the University. It is his jffice that will assume a major role in the quinquennial reviews that are defined in our Mas- — ter Plan. In areas that have outside accrediting bodies, I would expect that Mir reviews in question will be based in large measure on the results of those external examinations. I hasten to state, however, that 1 am not defining this as a given. The role of the Academic Cabinet, as staff to the President's Office, must be allowed to evolve. Equally true, the responsibility of the various professional entities to their external community must be maintained. To Provost Schwartz, the statement is a clear indication that Ketter's intention is not to place the Law School under the Graduate Dean's Office in terms of reporting relationships. The purpose of the reorganization, he noted, was to affect staff functions rather than the 'line relationships," which constitute the administrative hierarchy of the University. He was assured that "the Graduate Dean's role would apply only to staff functions." "No such change has occurred" in the actual administrative hierarchy, the Provost explained, "and I would not favor its occurrence under any foreseeable circumstances." "To the best of my knowledge,"he concluded in reassuring Opinion that the School's independence had not been infringed, "the autonomy of the Faculty of Law and Jurisprudence is, on the contrary, alive and well at ÜB." ' T.V. Surveillance Discussed, Tabled Again for More Info. With little fanfare, a subcommittee of the Budget and Program Review Committee had been investigating and has recently reported on Campus Security's proposal to install a television surveillance system in the corridors ofO'BrianHall. The Security proposal, which was first broached to theadministration last summer and deferred last fall after it ran into opposition, would involve the placing of T.V. cameras in the corridors of each floor of the building, with Security monitoring them at certain hours either from O'Brian Hall or frorti a station in some other building. When the proposal was publicized last November, SBA opposed it as unjustifiable in terms of the building's security situation and as a potential invasion of privacy, after which BPR reported to the faculty that Secur- ity would be asked to provide fur- advocating the T.V. system for ther information to justify the campus Security, to convey to him the faculty's concern as to proposal. After consultation with repre- "the operation, effectiveness, and sentatives of campus Security, a costs of such a system." BPR subcommittee reported last Brunskill's response, according to week that it was dissatisfied with the information provided by Security yet would recommend some faculty action on the proposal at tomorrow's meeting. The full BPR Committee, however, decided against immediate faculty action, preferring instead to seek more information on the T.V. system and alternative security measures, such as manned patrols at certain times of the evening or on weekends. The subcommittee, composed of student Marty Miller and Professors Del Cotto and Goldstein, reported having contacted Charles T. Brunskill, a "Technical Assis.tance. Coordinator," whohas been .. ... the subcommittee report, was to send "a slim package of promotionaladvertising for the television equipment," which "the subadded committee did not feel anything of substance to our knowledge." gerous intruders," recommended immediate faculty action on the T.V. system proposal, without specifying any particular recommended action. The full BPR apparently rejected the subcommittee's call for immediale action, deciding to make no recommendation until better information on T.V. surveillance and its alternatives is made available. The BPR decision seemed rather to follow a recommendation sent the Committee by Prof. Al Katz, in which Prof. Katz discussed the advantages of various security measures, described O'Brian Hall as "a relatively safe environment," and advised that the BPR conduct further study of the "density patterns" of building use so as to define more precisely the priority needs for security The subcommittee reported to BPR that it had been given no information on how the system would be implemented, as to how effective it might be for deterrence or apprehension, or "the amount to be traded in the rights of privacy and personal liberty." Nevertheless, the subcommittee, fearing for the security of an O'Brian Hall "physically isolated and easy prey to dan' protection. .. �>*"#H Opinilin 2 Editorials Dedication Symbols & Statistics The opening dedication of John Lord O'Brian Hall, whose occupation by the Law School last fall marked our first integration with the rest of the University in our 86 year history, should call us to both retrospection and prospection, for the dedication of our new home indeed promises to be watershed in that history. The acquisition of physical facilities proper to a Law School of our stature is, of course, a necessary rather than sufficient precondition for the realization of our aspirations, aspirations presently being outlined by the Long-Range Planning Committee, as the achievement of said aspirations is as dependent upon human spirit as upon brick and mortar. Retrospection should show us that, even through the many times in which physical facilities and University support have failed us, it has been this indomitable human spirit which sustained Buffalo Law School; and consequently, prospection might well tell us that the destiny of the Faculty of Law and Jurisprudence is to be decided less by the building than by the spirit characteristic of the man for whom it is dedicated. It would indeed appear, judging from the APPC's unreceptivity to student petitioning for a return to the four-tier grading system, that the faculty are unalterably committed at this point, regardless of the outcome of student referenda, to a five-tier grading structure for the School. SBA's Ad Hoc Committee on Grading has, in fact, recognized as much in taking the position that, if we are to have five tiers of grades, the grades be designated by conventional A-F symbols rather than by their present esoteric counterparts. Having lost the Battle of the Tiers, it would behoove students to marshall their forces on this new battlefield, preparatory to joining the inevitable Battle of the Symbols. The SBA Grading Committee has argued, with little success in the APPC, that H, Q+, Q, D, and F are equivalent to A, B, C, D, and F, and that it would be both more honest and more comprehensible for the School to adopt the latter set of symbols for academic evaluation. Arrayed against them, Assoc. Provost Bill Greiner has a projected statistical break-down of the "Q+ system" (see letter this page) designed to illustrate its difference from the grade A Wiser Approach Wiser judgmentapparently prevailed within the Budget and Program Review Committee last week when, despite a subcommittee report rashly recommending some faculty action, almost any action, on security surveillance measures, the full committee voted to defer the proposal for T.V. surveillance until better information was available on that system and other alternative measures. Requested to justify their proposal for T.V. cameras for O'Brian corridors, the best campus Security, through technical whiz Charles T. Brunskill, could do was to send the BPR some promotional material boastingbuyer testimonials as to the equipment's effectiveness. Left moot, of course, was the primary question of whether O'Brian Hall need take on the air of an armed camp due to unsubstantiable fears of "dangerous intruders," in the words of the subcommittee, or as Prof. Katz parodied, "wandering bands of hot blooded youth." Provost Schwartz and the BPR Committee are to be credited for adopting a reasonable approach to the current security mania, an approach which demands facts and strong justification prior to any decision. We would hope, however, that the BPR's "security subcommittee" has been retired from any further investigatory efforts into the security situation. 111 tlllim 1 Volume 14, Number 10 April 2, 1974 UJJII lIUI1 Editor-in-Chief: Ray Bowie Managing Editor: Shelley T. Convissar Photography Editor: Chris Belling Alumni Editor: Earl S. Carrel Business Manager: Dennis Pasiak Features Editor: Kay Wigtil Staff: Cheryl Pestell, Gary Muldoon, Dave Stever, Terry Centner Opinion is published every other week, except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. Opinion is funded by SBA from Student Law Fees. Greiner Accepts Grade Challenge Dear Earl: The folEowing observations are offered in response to your recent "challenge" to me. (Opinion, Alumni Line, February 26, 1974, p. eight.) 1. An A, B, C, D, F grading system typically yields the following distribution of ail grades in all courses: A no more than 5%; B no more than 25%; C about 60%, D and F no more than 15%, with F's accounting for 1 to 3% of this sub-total. [This is based on analyses of grading practices under our former --— — grading system.] 2. Our present grading system -theH, Q, D, F distribution of all in all courses: H — no more than 20%; distribution under the conventional system. Q- about 70%; On its side, the SBA Grading Committee has the support D and F - about 10%, with F's of an Alumni Association recommendation in favor of the for 1% 3% of this A-F system, based in part on the belief that conventional typically yields following grades to accounting symbols would facilitate hiring of UB graduates. On his side, Assoc. Provost Greiner has the backing of those faculty who desire the finer academic distinctions permitted by five tiers yet wish also to preserve the progressive image the School projected under its previous four-tier system. With all due respect to Mr. Greiner, who is to be credited for the work he put into the new five-tier system, we feel that his statistical analyses only establish a difference without distinction with respect tograding systems. One can play all sorts of games with symbols and statistics, devising symbols so that they by definition represent certain grade distributions, but it must always be remembered that there is nothing inherent in particular symbols that would yield particular grade distributions. In this sense, what differences can be made to appear are hardly the type of differences that would indicate a substantive distinction between grading systems of the same number of tiers. Beneath the statistical analyses, one must search for the underlying rationales for the selection of different symbols, and it is here that we believe the A-F symbols superior to our present esoterica. While it is true that some may equate such esoterica with progressive legal education, such thinking is indeed rather superficial when balanced against the virtues of the conventional A-F, chiefly that those symbols are readily comprehensible throughout the profession and hence do facilitate placement. Moreover, the equation of esoteric symbols with innovative education is rendered utterly specious by the existence of numerous "A-F schools" with qualitative and innovative programs, many superior to our own. The contention that a law school can achieve distinction through its grading symbols is, however, true in one sense, for UB may be truly distinguished as the law school in which alumni have actually been refused jobs due to the incomprehensibility of the grading system. This is the type of distinction we do not need, as placement is difficult enough without this grading albatross about our necks. We urge the faculty, if this issue surfaces at tomorrow's faculty meeting, to heed the counsels of students, alumni, and some of our administrators and translate the current hieroglyphics into the professional "lingua franca" of A-F. Hear Ye! Hear Ye! Know All Men By These Presents, The Food Establishment known as "Tiny Jim's" 819 Millersport Highway 1974 in the Grover Cleveland Plaza GUARANTEES PURE, FRESH, QUALITY FOOD Roast Beef, Hot Dogs, Cheeseburgers, Beefburgers, French Fries, Polish and Italian Sausage Hoagies.Cold Drinks, Milk Shakes, Etc. TO ALL CITIZENS Show your school I.D. Card - Get 10% Off Fast Service • Good Food • Courtesy sub-total. [This is based on analyses of our grading practices since January 1970.] These results are fully consistent with the objectives of the grading system adopted in December 1969. The faculty agreed at that time to establish a category of honor grades to be denoted by the symbol H which would encompass all grades formerly included in the B+ to A range (78 and above) of our numberical grading system. That range of performance accounted for about 15 to 20% of the grades under the old system. 3. As you can see, the H grade has not been a functional equivalent for the A grade. It was never intended to by such, and we do not intend to make it such. The division of the Q category into Q and Q+ was intended solely to provide for differentiation of normal and above normal performances within the range of —— qualified grades. I anticipate the following distribution of grades under an H, Q+, Q, D, F system: H no more than 20%; Q-t- about 30%; Q-about 40%; Dand F about 10%; The statistical differences between the A, B, C, D, F and H, 0, D, F, systems are, as you can see, quite easy to explain. The underlying reasons for choosing one system over the other are somewhat more complex. They are, however, well stated in thereport of our Ad Hoc Grading Committee, submitted in December 1969. You might find it worthwhile to read that report before you next comment .on our grading system. After read ing the Report, you might discover that there are some other printable words which fairly describe our system; try "reasonable," "sensible," and "pedagogically sound," just for openers. Since you raised this issue in the press, I am taking the liberty of sending a copy of this letter to the Opinion, I assume that the editors will reprint it for the benefit of their readers.' —- - ■ '' ■ Regards, Wifliarnß.Gfeiner �April 2,1974 Opinion 3 President's Corner by DonaldLohr Board Membere^andidatM!ii^Jw^^nipsi^^^idsen^^rnstHaft, E. Greenbaum, M. List, R. Bowie, S. Schlesinger, D. Tom, B. Kommehl, G. Ferber; Second Row: T. Toohey, I. Burden L Mark DeVoy, P. jasen.M. Miller, T. Mullaney, K. Latona. -Belling 1 MootCourt Presents AnnualReport, 1973-74 With its senior members preparing to turn over the reins to those candidates recently accepted for membership, Moot Court Board has released its Annual Report on activities undertaken during the 1973-74 academic year. Written by Board Vice Chairman Tim Toohey, the Report constitutes the formal summation of the year's planning and achievements, which has been submitted to Provost Schwartz. 1973-74 has been a good year for the Moot Court Board. In sheer numbers, the Board has competed in more regional and national rounds than ever before. More candidates forBoard membership were selected from the year's largest ever Desmond Competition. Undoubtedly, more time and effort has been spent planning and coordinating the myriad functions carried out by the Board than ever before. More importantly, the Moot Court Board made its presence felt as a viableand integral part of the new ''" environment at O'Brian Hall. In the process, the Board believes it has laid a foundation for making a continuing and significant contribution to the experience of a legal education. The following report consists of a summary of the Board's activities from September 1973 to the special qualifications. On April 8, 1974, as most students realize, John Lord O'Brian present: 1) Upon arrival at O'Brian Hall, Board members Hall shall be dedicated. Volunteers are needed in connection with the soon forgot the cramped inadequate CjUarterson the ceremony to direct guests to different areas, distribute programs and second floor at Eagle Street. The offices behind the provide general information. All volunteers are invited to the reception magnificent Carlos Alden Moot Court Room following the ceremony in the Law Library. Any people interested provided us with the space necessary to conduct our should contact any member of S.B.A. for further information. affairs efficiently in truly the best of surroundings. I would like to strenuously remind all student organizations that Perhaps appropriately, preparation for the first proposed budgets for the 1974-1975 year are due on or before April inter-school competition of the year, the regional 10, 1974. The budgets should be deposited in the Treasurer's mailbox rounds of the National Moot Court Competition, in the S.B.A. office. faced us as we settled into our offices behind the In closing, I hope and firmly believe that the spirit and dedicaCourtroom. The competition, held at Yale Law tion of the new administration with the support of the student body School in early November, consumed the efforts of will enable S.B.A. to attain and surpass the goals previously estabcontinued on page 13 lished. .. . . Law Review Editors: First Row: B. Barth, |. Mendenhall, L. Kane, K. Bersani, A. Ahart; Second Row: S. Friedman, E. Lang, D. Ehman, J Wishingrad, J Levitt, S. Levin. -Belling Law Review: New Editors, New Competition Format With the election recently of a new Board of Editors, Buffalo Law Review has initiated a new selection process to determine which first yearstudents will be accepted as Associate Members of the Review. Unlike last year's competition which was determined exclusively on writing ability, this year's Board has decided to require thatall candidatessubmit a competition paper but that 50% be chosen by class rank, provided they submit a "satisfactory" competition paper, while the other half are to be selected on the quality of their writing assignment, provided they have maintained at least a "Q" average and have no more than one "D" after the first year. Altogether, the Board intends to select approximately 30 new members who it believes can make significant contributions to legal scholarship. Early in March, both Junior and Senior Board Members elected the editors for the coming academic year. John M. Mendenhall will serve as Editorin-Chief next year, with the following Senior Members assuming other editorial positions: Alan M. Ahart and Judith A. Levitt as Professional Article Editors; Dale A. Ehman as Publications Editor;Kenneth Bersani as Technical Editor; Shelly Scott Fried- S.B.A. is the student government at the State University of New York at Buffalo Law School. As such it represents the students in all dealings with the Administration and Faculty and manages internal and external student affairs. The commitment of the new administration is to make,S.B.A. active, responsive and accountable. In the past, a major impediment to this has been apoor system of communication. In the sincere effort to remove this obstacle, a mailbox has been placed in the outer S.B.A. office, Room 504, so that students can effectively communicate with the officers and directors of S.B.A. as well as Faculty/Student Committees. Any messages, proposed budgets, petitions, or any other communications related to S.B.A. or the work of the Faculty/Student Committees should be deposited therein. Furthermore, a bulletin board is located outside the S.B.A. office on which is posted the agenda and minutes of S.B.A. meetings. I would like to emphasize that all S.B.A. meetings are open and encourage students to attend. In this fashion, the elected student representatives should be readily accessible to theirconstituents. In addition, and beyond the circuitousness of representative government, the present policy is to get students directly involved in the business of the law school through appointed positions on Faculty/Student Committees. To this end, I hereby solicit applicants for the Budget and Program Review Committee, Long-Range Planning Committee, Visiting Committee of Associate Professor B. Boyer, Faculty Meetings and the S.B.A. Placement Committee and Ad Hoc Committee on the Calendar for 1975-1976. All interested students should submit a short letter setting out the committee appointment desired and any man as Managing Editor; and Barbara D. Barth, Linda Connor Kane, Elizabeth Lang, Susan Bess Levin, and Jay Wishingrad as Student Article Editors. Editors Mendenhall and Friedman told Opinion that the business aspect ofLaw Review, often downplayed in favor of the research and writing opportunities, is itself a valuable experience and indeedindicates to prospective employers the ability to budget time appropriately. AsLaw Review must provide all of its own manpower, typing has often consumed a great deal of candidates' time, but the new editors are interested in cutting down on the typing chores required of each candidate, perhaps through a team arrangement where typing duties are assigned to the better typists in a group. With respect to the first-year competition, Mr. Mendenhall noted that this year marked the first time the competition schedule has been staggered, so that resource materials will hopefully not be overburdened early in the competition period. Competition papers will be available beginning April 4 and until May 10, but candidates may pick up their assigned papers anytime during that period and will have ten days to complete the paper. Briefs by Stasia T. Vogel ... . marvels over the comment of Asst. D.A. Stachowiak to some students at a sherry party following career-daypresentations that most people would sooner trust a male lawyer than a femaleattorney wonders when some head-on meeting will take place between the freshman student body in toto and the faculty with regard to the grading fiasco. Several people, practicing attorneys at career day, and one faculty member felt quite strongly that the HD-H-Q-D-F grade system is not conducive to getting potential employers to look at job applications. Latter indicated that several ivy league schools reverted back to the old ABCDF system in order that employers would once again take the time to consider their applicants for job. If opinions are so diverse, it may be well to get everybody together on this, instead of the minor encounters that have taken place Communication here falters because of the degree to which people are unavailable and the problem of knowing who really knows whatis going on and whatis at stake... Direct feelings to Opinion office offers advice to the hungry law-student witn not-a-iot-otmoney and not especially gourmet tastes as much food as you can even less if you don't have eat (really)... at relatively low prices alcoholic beverages. .. Lakeview Smorgasbord is a nice ride out to lake country Route sto Hamburg until you see the very obvious .. . .. signs... .. . .. . . . .. . . . .. . .. . . ... Offers as much of anything it has that you can eat there and huge begin with soup (always french onion, plus one other) cheeseboard with lots of crackers... a huge salad bowj, fresh, with lots of onions, ccci beans and other little goodies to mix up a salad with choice of dressings, lots of cold salads, pickles, relishes more than you could even sample bread,rolls, butter... Then thehot foods round of roast beef always tender. gravy and mashed potatoes, several vegetables, either and a turkey they slice the meat, but you chicken, lasagqa or some italian food can get your fi11... just don't take and not eat... many vegetables and stuffings and other main course foods... a large' choice of desserts, cakes, pies, puddings and someties fruits Dress casual, but not grubby except on weekend nights... maybe just a little bit better... jacket for guys Great for hungrypeople, and you can get a large table for about they as many as you need, or a room if your party is targe enough are nice about settingup larger parties... (... other places to eat in Buffalo area to come, some dressy, some casual, some neither...) �April 2,. 1974 Opinion 4 Law Students Hired For City Research Gay Rights The Student Bar Association of the Buffalo Law School is sponsoring a day-long conference on the Legal Status of the Homosexual to be held on May 3rd, 1974. Topics to be discussed, in panel discussions are: Family-Property Law Criminal Law Employment Discrimination Student-Civil Rights Legislative Change and Lobby- Seven graduate students at ÜB, 481 Highgate Aye. They wilt be including three law students,have assigned to do housing research in been hired by the Buffalo Com- connection with City Court Judge mon Council to do research and M. Dolores Denman.. Judge Denman is temporarilyassigned in analysis for the City. The students, who will be paid a court handling housing cases. of The other interns, none of $1,000 each for eleven weeks work and will earn graduate credit whom have yet been assigned, will at UB simultaneously, were se- be Joseph A. Calabrese, 48 lected by UB officials rather than Lawrence PI., a master's candidate ing the councilmen, according to in industrial relations; David M. Each panel will consist of law Councilman William Price, who Zebro, Embassy Sq., Tonawanda, school professors, practicing attorproposed the idea to the Council a master's candidate in business neys, and gay people with relevant experience in each area. in January. A spokesman for the administration. Law School, however, said that the School only forwarded interested students' resumes to Councilman Price, making no selections of its own. Two of the law students are Joseph A. Shifflett, who lives at 222 Niagara Falls Blvd., Kenmore, and Jan R. Morelli, who lives at Also Michael J. Mombrea, 7079 Old Lakeshore Rd., Lakeview, a master's candidate in political science; Mark McCready, 60 Huxley Dr., Snyder, a master's candidate in political science, and Bruce D. Steiner, 66 Avery Aye., the third law student. Book Reviews Conference Faculty Busy on Publications Front by DennisPasiak In addition to the many hours devoted to preparing for class, the hours set aside to meet and confer with puzzled students, and, of course, the hours required to lead a private life, two highly qualified and respected professors at the law school have somehow found sufficient time to not only produce scholarly works, but also to dedicate themselves to various endeavors in the legal field. For further information, con- Undoubtedly Professors Thomas Buergenthal and Paul Goldstein have Shelley Taylor Convissar, tact c/o distinguished themselves not only as very capable teachers in the Opinion or call (716) 688-9126. classroom, but also as respected authorities at both the national and international levels. Professor Thomas Buergenthal is a well known authority on International Law. He received his J.D. at the New York University School of Law where he was a Root-Tilden Scholar. He also has an LL.M. and a S.J.D. from the Harvard Law School. To list all his publications (books, symposia, articles, book reviews, etc.) would require a separate edition of Opinion. The following paragraphs highlight a fewof his more noteworthy works. Public Employees." Family Prof. Louis Law, In Professor Buergenthal translated the German Penal Code with Swartz, who has taught the course regularly in recent semesters, will G.O.W. Mueller. This particular translation appears in Volume 4 of the be joined by new faculty appoint- American Series of Foreign Penal Codes. He has also recently ment and former student Grace collaborated with Professor Louis B. Sohn of the Harvard Law School Blumberg, and both of them will to author International Protection of Human Rights (Bobbs-Merrill) offer sections of the course next Company, 1973). fall. International Protection of Human Rights states that the Mentioning that chances look international community has a vital interest in the promotion and good for Prof. Joyce's two-year protection of human rights. The gradual acceptance of the proposition leave, the Provost responded to that human rights are a matter of international concern has in turn student concern as to the avail- provided the impetus for the development of new rules of ability of Tax courses by observinternational law defining in specific terms various individual rights ing that Prof. Grejner will teach and freedoms; it has also led to the establishment of special Tax A next spring, with perhaps a institutions to interpret and apply these rules. The field of practitioner from the area teach- international protection of human rights is comparatively new, ing part-time to provide other Tax recognized at least from 1945, and this book seeks to fill the growing offerings. demand for teaching materials in this field. The book traces the With regard to first-year survey development of this concept from Dongresilli v, Portugal (1295) to the Provost Schwartz said present day, with particular emphasis on post World War II courses, that three of the four sections developments, especially focusing on the United Nations. were covered in both Torts and This book is the first casebook on the subject of international Contracts, and he added that he protection of human rights. It was designed to be more than a did not expect difficulty in cover- casebook and can be used in human rights courses offered by other ing the fourth in time for Septemuniversity departments. It is also a source book containing primary ber. documentation needed by teachers, scholars, practitioners, officialsof Of the five new faculty lines national governments, and delegates to international institutions. In the School is to receive next year, addition to cases, the book is enlivened with debates from four are still unfilled, concluded international organizations and diplomatic correspondence which tend the Provost, leaving the faculty to give the reader a sense of the lawand also its processes. some latitude as to being able to In addition to this recently published milestone, Professor meet remaining needs with future Buergenthal is an editor of four international legal journals. These appointments. include the American journal of International Law, the American Journal of ComparativeLaw, the CahierdeDroit Europeen (Belgium), and the Revue dcs Droits de I'Homme (France). The conference is open to the public and promises to be an important educational experience for those interested in the legal status, and its potential, for the gay community. Course Deficiencies To Be Redressed Requestedby Opinion to give a brief progress report relative to projected teaching needs for the coming year, Provost Schwartz noted, in a recent interview, that the appointment of additional faculty and some course revisions have gone far toward meeting a dozen areas which had been outlined as deficiencies. Psx the February faculty meet- ing, the Provost outlined twelve areas as "the most pressing teaching needs for fall 1974," among them Taxation, Evidence, Commercial Law, Constitutional Law, Land Transactions, Labor Law, jurisprudence, Procedure (b), Corporations, Contracts, Torts, and Family Law. In the recent interview, Provost Schwartz stated that most of these needs were being met. The present courses in Sales, Commercial Paper, and Secured Transactionswill, according to the Provost, be incorporated next year into a two-semester Commercial Law I & II course, both sections of which will be offered each semester next year. John Spanogle, a new appointment to the faculty next September, will join Prof. Schlegel in shouldering the teaching duties for the Commercial Law offering. With Prof. Howard Mann's recovery and return to teaching, the feared deficiency in Constitutional Law will not be as serious as the administration had thought back in February. In the critical area of Corporations and Securities, where Appointments Committee Chairman Herman Schwartz had admitted poor prospects back in February, the Provost noted that Prof. Zimmerman, who now teaches parttime, would continue in that capacity both next fall and next spring, devoting his efforts in the Corporations area. As far as Jurisprudencecourses are concerned, another new appointment, Richard Bell, will join the faculty to offer courses in that area, an area which had, prior to his retirement and appointment as professor emeritus,been the interest of Prof. Mitchell Franklin. Responding to a student petition requesting upper-level Labor Law offerings, Provost Schwartz pledged that efforts were being made to offer a seminar on the subject of "Labor Relations and SBA Schedules Re-Votes; All Directors Now Elected Having successfully challenged as the only non-slate candidate, to the second-year director seat but subsequently declined to accept it. In an order determined by the a previous election in which her name was left off the ballot by error, Shirley Bevel won the SBA director seat denied her in the first election despite a strong write-in campaign. The rescheduled first-year SBA electionheld the week prior to vacation differed from the earlier election only in that Ms. Bevel replaced CASBA candidate Ruth Siegel as one of the six victors. In a special second-year election after vacation, necessitated by the refusal of three independent candidates to accept a vacant SBA seat, Mark Linneman, running unopposed on the ballot, was reelected to the SBA on which he had served last year. Bob Brennan had won election early in March, number of votes each received, SBA offered the vacant seat to the other two independent candidates, Art Herdzik and David Clowes, but both likewise declined to accept, thereby necessitating the scheduling of a special election to fill the vacancy. CASBA had run five candidates for second-year directorships and all five had won in the previous election. The rescheduled first-year election, accompanied by much less excitement and campaigning than the first, drew an estimated 100 votes as compared to about twjce that number in the earlier election. As an "administrative Another well known and well received work by Professor Buergenthal is Law-Making in the International Civil Aviation Organization (Syracuse University Press, 1969). This book attempts to study the manner in which the law.is made by international staff error," according to then organizations. The book has found a truly international audience and Pres. Marty Miller, hadresulted in has been reviewed in many nations, including Taiwan. Shirley Bevel's name being absent Professor Buergenthal has testified before Congressional from the ballot despite compli- Committees and has served as an international law Consultant to the ance with nominating procedures, Department of State. the Elections Committee ruled Professor Paul Goldstein is a graduate of Columbia Law School. that first election invalid and re- He has distinguished himself especially in the field of property law, to scheduled the one in which Ms. include the field of copyright and patent. Recently the publishing firm Bevel was ultimately successful in of Callaghan and Company of Chicago, Illinois published The Law of winning election. Copyright, Patent, Trademark and Related State Doctrines: Casesand Materiafs-by Professor Goldstein. Thisbook covers not only the federal The second election saw inde- laws and their state law counterparts, but related tax, anti-trust and pendent candidates increase their international law materials as well. Quoting James P. Beck of the number to two on the first-year Caltaghan Company, "The book's aims are modest: to present, in directorship, with Ms. Bevel join- depth and within the subject's traditional compass, the pertinent ing Margaret Wong, who again statutes, decisions, doctrines and issues, to provide a format that is won election with the highest tal- well-organized yet lively and, above all, teachable; and to create a lies. The other four candidates winning election, all members of the CASBA state, were Bert Slonim, Carl Howard, Bette Gould, and Steve Kaplan. versatile text that can be used for a survey course and forany number of specialized courses in the area." Mr. Beck continues, "The book devotes roughly equal space to the three major bodies of the federal copyright, patent and trademark. Use of well-edited cases, law Continued on page 13 - �April 2, 1974 Opinion 5 ComS eraty upplement John Lord O'Brian: 1874-1973 "... Dean Of The Profession" John Lord O'Brian, for whom the law school is being dedicated was once called "one of the most, if not the most, outstanding alumni of the University." Born in Buffalo in 1874, O'Brian attended Harvard, a school in Massachusetts, and then returned to his native city and the Buffalo Law School. O'Brian graduated from Buffalo Law in 1898, a member of the tenth class to graduate from the school. O'Brian was reported to have been the "brightest" man in his class. In 1903, he was elected to the Council of the University of Buffalo, a position he retained until 1929, when his official duties took him to Washington. He was also attorney for the University during that period, and a member of the committee on selectionof a Chancellor which succeeded in bringing Samuel P. Capen to the campus in 1922. He was also a Regent of the University of the State of New York for sixteen years (1931-1947), Overseer of Harvard University for six years (1939-1945), and National Chairman of the Endowment for Harvard Divinity School from 1950-1957. As a State assemblyman, O'Brian introduced legislation in 1909 that made possible the University's move from a stock corporation, which it had been since the granting of its charter, to a broader based educational institution. O'Brian served the nation by appointment of six presidents Theodore Roosevelt (as U.S. attorney for Western New York), William Howard Taft {in the same post), Woodrow Wilson (as head of the War Emergency Division, - Chancellor Capen summarized a large portion of O'Brian's career when O'Brianreceived the University's highest award, the Chancellor's medal. Capen noted: "He has served the State and Nation in. high public office repeatedly throughout a generation. He has been a member of the governing boards of both universities from which he graduated He has headed the Joint Charities and Community Fund of this city and has assisted in the promotion of the fine arts. He has held the highest lay office in the dioceseof his church. To politics, to education, to social welfare, to art, to religion and not in turn but simultaneously he has devoted, without stint, his rare talent for organization, his incisive judgment of issues, his extraordinary ■power of public interpretation, and his creative imagination." .. — - Capen noted that the award was given "not for a specific act or single accomplishment, but for a life of eminent service to City, State, and Nation which has justly brought you high personal distinction and has dignified Buffalo in the eyes of the world." In 1950, on the fiftieth anniversary of O'Brian's admission to the bar, the Chief Justice of the Supreme Court, Fred Vinson, noted O'Brian's having served "the court in the highest sense. Few in history have had a longer or more active practice before this court." In 1955, O'Brian delivered the Godkin Lectures at Harvard University. In 1971, the twentieth Anniissue of the Buffalo Law versary Justice Department, 1917-1919), Review was dedicated to O'Brian. Herbert Hoover (as first assistant Professor Jacob Hyman, in his attorney general in charge of the dedication, noted that, in honorAnti-Trust Division), Franklin ing O'Brian, "the'Editors have set Delano Roosevelt (as general before themselves, their succescounsel for the Office of Price sors, and the legal community an of the Management, the Supply Priorities inspirational model and Allocation Board, and the challenge of the profession of the O'Brian's record of Board), Harry Noting and law." War Production Truman (as chairman of a com- public service, Hyman spoke of mittee to investigate a strike at "O'Brian's deep conviction that the Oak Ridge atomic center in the lawyer who achieved distinction in the private practice of law 1948). O'Brian also successfully de- was professionally obligated to fended the constitutionality of make his skills available in rethe Tennessee Valley Authority in sponse to public calls upon ... the landmark case of Ashwander v. T.VA. O'Brian's legal work involved him in other areas, such as labor and civil servicereform, disputes before the United Nations, and suits involving professional baseball. In 1940, former University them." In 1972, O'Brian retired as senior partner in the Washington firm of Covington and Burling. On April 10, 1973, he died in Washington at the age of 98. -Gary Muldoon Two views of John Lord O'Brian: Photo and Sketch �April 2, 1974 Opinion 6 From One Room to O'Brian Hall: Opinion is immeasurably indebted, lor the material on which this article is based, to Gilbert J. Pederson, author of the 1962 history spanning the first 75 years of Buffalo Law School; to Professors Hyman and Newhouse, who directed the author to more recent records; and to Roy Nagle and the Buffalo-Erie County Historical Society formany of the photosreproduced herein. by Raymond J. Bowie University, an institution founded by the Roman Catholic Diocese of Buffalo, and In the year 1887, the year in which the suggested that Niagara sponsor the law future Faculty of Law and Jurisprudence school without assuming any pecuniary was to have its modest beginnings, law obligations for its maintenance. Supported schools generally were not very popular, by Bishop Stephen V. Ryan, the lawyers' either with the public-at-large, local petition was accepted by Niagara politicians, or the profession itself. University's Trustees in March of 1887, Lawyers were quite satisfied with the and later in May of that year, the governing on-the-job office training which was then Articles of the Law School were the usual route into the profession, while formulated, appointing Supreme Court state legislators were as reluctant to Justice Charles Daniels the first Dean and appropriate public funds for legal stipulating that "the Law Department shall education as they were for any form of in no case ask for any financial aid from higher education. the University," nor for anycompensation While it is true that progressive minds for the faculty. On October 1, 1887, the first class of in the 1880's recognized that law school had superceded thelaw office as the proper the Buffalo Law School met in a small Justice Charles Daniels, First Dean Adalbert Moot, Second Dean training ground for the profession, no law room of Niagara University's Medical 1887 1897 school existed anywhere in New York Department, then occupying a building on State west of Albany, even though Buffalo Ellicott Street. The first faculty includedI Bachelor ofLaws from Bishop Ryan. whom was John Lord O'Brian, ranked by had grown rapidly in that era, with a Bar the dozen or so founders, several judges, As the third year began in the fall of the yearbook as the "brightest" in the numbered at over 400 keeping pace with and lawyers practicing in the city. The first 1889, the faculty initiated measures to class. the increase in litigation and commercial class numbered fifteen. separate the Law School from Niagara The Class of 1899 was distinguished, transactions in a city of 250,000 in 1887. University, but an enabling bill introduced however in another way, since in that year The University of Buffalo, somewhat "A Happy Compromise" in the State Legislature to accomplish this the School graduated its first women unique in having been founded around its The type of Law School envisioned by later failed when the Regents expressed students, Helen Rodgers, an outstanding Medical School in 1846, was by 1887 the first faculty has been described as a disapproval of the separation. feminist, and Cecil A. Wiener, who became contemplating the addition of academic, happy compromise between the theoretical Erie County's first Children's Court judge. theological, and law colleges, the latter tendencies of some of the existing schools Back to UB And among the 1900 graduates was Joseph considered upon the prompting of and the law office training which had In the academic year 1890-91, Rosch, who was the first alumnus to be University Chancellor Millard Fillmore as | predominated. "It is a practical school," however, the faculty conducted later elevated to the state Supreme Court. farback as 1862. said the Albany Law Journal of January 7, negotiations directly with the Regents for a As Adelbert Moot was serving as acting special charter which would allow the Dean, the faculty had been searching fora separate incorporation of the Law School, full-time administrator, eventually selecting but when it was discovered that certain Christopher G. Tiedeman for the post in Regents policies with respect to exams 1902. Tiedeman, however, died only one would conflict with School policies, the year later, forcing a resumption of the faculty decided instead to cast their lot search into 1904, when Carlos C. Alden with the University of Buffalo, whose was chosen Dean. as Council this time acted quickly to affiliate Tiedeman and Aldenhad been personal the Law Schoolwith ÜB. friends on the New York University Law The graduating class of 1891 became faculty, and it is thought that Tiedeman the first to receive their degrees from ÜB, himself recommended as the Law School became the University's death. With Alden's Alden prior to his assumption of the third school, joining Medicine (1846) and Deanship in 1904 began a career as head Pharmacy (1886). According to Vice administrator that was to last 32 yearsand Chancellor Putnam, who presented 13 a period of teaching spanned 50 which degrees in 1891, UB was extremely pleased years. with the incorporation of the Law School, both 1905 and 1907, In all the terming the University its "natural home." Again, the University was not to be liable to the Law School for any debts, though by the same token, the School was permitted to retain its profits, a First Page of Register of Students proprietary form of operation common to Through the 1860's to 1880's, silent 1899. "It does not go deeply into the professional schools of the time. but persistent lobbying was conducted on history or theory of law; but it points out The first thirteen years within the behalf of a law school in Buffalo. The to its students, the things they most need University of Buffalo were precarious times newly-founded American Bar Association to know in successfully practicing their in which the School strove to justify its recommended, in 1880, that local Bar profession." existence, and Dean Daniels often Associations further the maintenance of Imbued with this vision, twenty-one questioned whether a school unfunded and law schools, and around the same time, an judges and attorneys lectured to the fifteen under equipped, with volunteer staff, could influx of "new blood" into ÜB's Council students, eventually increasing to twenty (a endure. began to counteract the earlier pessimism remarkable FTE of 1:1), most of whom In 1893, the School moved again, this surrounding University expansion, with the were Buffalonians. The annual tuition, time to the upper floor of Stafford result that a committee of the Council was which remained constant until the 192p's, Building on Pearl Street, wherethe it directed in 1886 to "investigate the subject was set at $100, and total living and until 1896. It was estimated, remained of establishing a Departmentof Law." education expenses were estimated at $200 that, of those studying law inincidentally, Medical College Building Buffalo six that first year. Some of the students years after the School's of Niagara University founding, half Negative Findings, Positive Action apparently took the Bar Exam after only attended the Law First Home of Law School, 18871888 School while the others Investigate it did, but early in 1887, one year of attendance and did well, still studied in offices. graduates who took the bar exam passed the committee presented a disappointing indeed standing "first in excellence" as After the School had moved to the without report, alleging that legal education was newspaper reports had it. ninth floor of the Ellicott Square Building, Alden exception, and in 1906, Dean arranged for the School to offer the not as rigorous as medical education and Within one year of its founding, the Dean Daniels died late in 1897, and degree of "Master of Laws" to students hence did not require similar professional School had to petition the Public Library Adelbert Moot was elected to that vacancy already holding the LL.B. for the training. Moreover, the Council was asked use of one of its lecture rooms, as the School's second Dean. That same to seek the establishment of Cornell which was rented for the sum of $100. The year, the Board of Regents reported that Active Dean An University's law school, then in the Law School was to use the Library the Bar Examiners had ranked Buffalo Law As the original professors were planning stages, in Buffalo rather than facilities on Clinton Street until 1893. School first among the State's seven law gradually retiring, Alden was successful in In that second year, only eleven of the schools in terms of standards Ithaca, an arrangement which was, needless and the replacing them with outstanding leaders of first classreturned as "seniors,"whilenine percentage of successful Bar to say, not forthcoming. examinations. the Bar, Including John Lord O'Brian,after Perhaps anticipating ÜB's adverse i entered the first-year or "junior" class. At whom the new building is named, and report, a dozen or so Buffalo attorneys, I the conclusion of the academic year, the Di.iiniuiihed Alumni Charles 8. Scan, to whom the new library Schoolheld sometimes designated the founders of die ! its first graduation exercises, is The next year, 1898, taw die has been dedicated. School,, opened negotiations with Niagara i eight students received the degree of graduation of a distinguished elm, among . , > • �April 2/1974* Opinion •"*" 7 A History of the Law School Alden himself remained active in other receipts of the Law School." Chancellor Capen believed, however, that ÜB's foremost obligation was to promote the College of Arts and Sciences, and increased support to the Law School was not immediately in the offing. In the area of admissions, the School, one of the State's three Commissioners on following the suggestions of the ABA, Uniform Laws, to which he contributed changed its admissions standards so as to until 1926. Moreover, he found time to require, after 1925, one year of college mix politics with academics when, in 1912, study in arts and sciences and, after 1927, he ran unsuccessfully as the Bull Moose two full years. The tightening of Party candidate for Court of Appeals. admissions standards had no effect on the In 1913, the School left Ellicott Square number of admissions, for the class for the upper floorsof the Third National entering in 1923 proved to be so large (92) Bank Building on Main Street, where it that Townsend Hall in Niagara Square had acquired three times the floor space it had to be utilized for overflow lectures, despite at Ellicott. From these facilities, the what Dean Alden described as its poor School could continue to boast, as it did in acoustics. its catalogs of the period, of its proximity to downtown courts and attorneys' offices. Enrollments Boom, Space Shrinks Four years later, the space in the Bank The entering class of 1925, the largest Building was no longer available, though a in the School's history until the late 60's, lease was obtainable for 77 West Eagle St., numbered 167 and bulged the total in a building formerly occupied by Hoyt & enrollment to 334 students, creating a Spratt. Thus, in 1917, the School moved to space shortage only partially alleviated by what would be its location until the access to Townsend Hall. It was not until opening of O'Brian Hall in 1973. 1927, however, that the Chancellor urged When the faculty decided in 1920 to that "the provision of adequate space for spheres. When Governor Charles Evans Hughes needed a counsel in 1908, O'Brian, who had served in the Assembly, recommended Alden, who took a year's leave to accept the appointment. Having served in that post, Alden was appointed this door on the third floor of the old Third National Bank Building passed the law students in attendance during 1913-1917. exercise an option in the lease to purchase Through the property for $45,000, it was first believed that, in as much as the School still received no central University funding, the faculty would have to use their personal credit to raise the money, but that same year, centralized accounting was instituted by the University and consequently UB agreed to assume the Law School's 77 West Eagle St Home of Law School, 1917-1948 the Law School is now one of the nor had it joined the Association of American Law Schools. In 1921, the ABA had established minimum standards for its approval, which Buffalo failed to meet in the areas of adequate library and sufficient full-time faculty. In the academic year 1936-37, the pleas of Dean Alden over the years were finally heeded, as the hiring of four additional full-time instructors brought the proportion of full-time faculty to 3/4 of the teaching schedule. During that same year, over 3,300 volumes were acquired by the library, so that the facility met both ABA and AALS standards. As a result of these improvements, the School received the provisional approval of the ABA and was admitted to the Association of Law Schools in 1937. The academic program also expanded its horizons that year, when mandatory moot court work was introduced for freshmen and twelve seniors received clerkship experiences from Supreme Court justices. Dean Shea's second year saw similar progress, with another 3,000 volumes provided the library, additional full-time faculty, and every senior participating in seminar instruction. A combined Business Administration and Law degree program was launched that year, allowing the granting of both B.S. and LL.B. in six years of study. Shea's second year concluded with the celebration of the School's Fiftieth Anniversary, during which ceremonies the School was described as the "Little Harvard " due to the preponderance of Harvard-trained faculty. When Mr. ]ustice Louis Brandeis retired from the Supreme Court in 1938, he broke up his working library and made a gift to the School of some of the more important contents, a development which augured well, for in that year, the provisional approval of the ABA was made final. The genesis of the future Law Review has been traced to a project undertaken by twelve juniors who, under Prof. Louis L-. Jaffe in 1938, prepared case notes for the Erie County Bar Association Bulletin, initiating a program which was to continue until the founding of the School's own Review in 1950. In 1939, Dean Shea received a leave of absence, which later became permanent, when he was appointed Assistant Attorney General of the United States, leaving Mark DeWolfe Howe as Acting Dean. That same year, interdisciplinary cooperation with other University departments was expanded to allow talented undergraduates in History, Government, and Economics to transfer in their fourth year to the Law School as entering students. University's most pressing priorities." An endowment fund campaign was begun in October 1929 but was immediately hobbled by the stock market panic occurring days later. Without the funds to enlarge the Eagle Street building, the University agreed with Dean Alden that "clearly the numbers must be limited unless it should be possible to provide mortgage. larger quarters," leading to enrollment Deficiencies Spotlighted restrictions during the depression years. In 1922, Samuel P. Capen was elected Dean Alden had requested an increase in Depression & War: Dark Days The year, however, also brought the Chancellor of the University and, in the School's full-time staff, but the reviewing each school closely, found that University Council failed throughout the frank recognition of a serious problem, the the Law School did not "resemble the early 1930's to appropriate additional unsatisfactory record of graduates in the picture of the ideal Law School which has funds. State Bar examinations, as indicated by the gradually been outlined by the American By June, 1936, Dean Alden had fact that only 32% of the 1938 Class Bar Association," particularly in as much reached 70 years of age and, under UB passed the exam as compared to 54% as the School "has not raised its entrance regulations, was compelled to retire as state-wide. Dean Howe attributed the poor requirements beyond completion of a high Dean, though retaining his professorial record to a policy whereby "we are school course and its teaching staff duties. Eulogized Chancellor Capen: "The admitting to the School, are advancing contains but one person whose primary Law School... is the visible embodiment from class to class, and are graduating of his rare ability and his high concept of young men and women who are not occupation is instruction." Dean Alden was quite cognizant of the training for one of the most exacting of the qualified." The coming of the War to America in School's deficiencies in these areas, for he learned professions." Upon Alden's retirement in 1936, 1941 reduced enrollment even more than had reported to the Chancellor that "the beyond Francis who time of his had the Depression, forcing a decline from Shea, at the M. desired type of legal instruction is the conception of the student of eighteen, appointment was general counsel of the 200 in 1936 to 140in 1941, with only 62 fresh from high school," noting that the Puerto Rico Reconstruction students graduating in 1942. Military requirements also took their presence of such students was retarding the Administration, was selected as his rate of instruction. Alden also stressed the successor. Facing antagonism from some toll on the faculty, as Dean Howe was granted a leave to accept an Army for replacement opposed any the alumni who instructors, paid expressing for need hope to the Chancellor that "the financial Alden, Dean Shea had more immediate commission and Philip Halpern became needs of the other Departments of the concern with winning national acceptance Dean. Total enrollment was only 52 in the University may no longer require a for the Law School, as at the time the fall of 1942, and of those 30% withdrew, diversion of such huge proportions of the School had not been approved by the ABA largely because of military service. A summer course program begun that year was to continue through the War years so that students, including those entering the service, women, and men with 4-F status, could receive the LL.B in two years and take their place in public life at the earliest possible date. Enrollment declined even further in 1943, dropping to 35 students, women comprising 26% of the student body. Though 60% of that year's graduating class passed the Bar exam, Dean Halpern was reluctant to draw conclusions from the statistic as there were only five in that class, but he did cite a curriculum change placing more emphasis on local law and courses designed to prepare students for the exam. At the same time, the faculty stressed public law courses to cope with the increase of governmental regulation necessitated by the War. Enrollment reached its nadir of 23 in 1944, but the School strove to maintain academic standards, an effortevidenced by six freshmen being dropped for scholastic failure and seven of nine graduating seniors passing the Bar. Like Dean Shea before him, Dean Howe, after assisting the U.S. Army in setting up governmental systems in liberated countries, elected to return to his alma mater, Harvard, to teach in 1945, and hence Halpern remained as Dean. With the conclusion of the War, enrollment soared, reaching 119 in 1945 and bringing 200 applications for 1946 admission, many from discharged veterans. The School had been on an accelerated two-year program since 1941, and the faculty moved to return to the normal three-year schedule with the Class of 1946. With that decision, the faculty considered the possibility of two sections in the freshman class, thus allowing enrollments greater than the maximum of 150. The difficulty of securing additional faculty and the inadequacy of the library both, however, weighed against the plan, and it was dropped. In 1946, Dean Halpern relinquished the administrative reins to ascend to the State Supreme Court, upon which Louis jaffe succeeded him as Dean. Dean Jaffe was immediately faced with the problems of a swollen freshman class and an outdated curriculum, which at that time failed to include courses in the new administrative areas of law. War Ends, EnrollmentSoars Enrollment rose sharply from 210 in 1946, to 274 in 1947, and to 318 in 1948, in which year a successful fund drive coinciding with ÜB's Centennial yielded enough money for plans to be drawn for a new building at 77 West Eagle. The faculty estimated the size of future student bodies at 200 to 250, and a three-story structure with 28,000 square feet of floorspace was laid out on the drawing-boards for the Eagle Street plot. For once, the University shared the School's concern with overcrowding, and in 1948 the Council entered into construction contracts leading to the leveling of the old structure and swift construction of the new. In the interim, classes were conducted in Townsend Hall, the County Building on Delaware Avenue, and even in the Prudential Building. Theadmissions policy had also been of some concern to the faculty, and commencing in the 1948-49 year, all applicants were required to take the Law School Admission Test. The School determined, however, not to adopt the rule of the major national schools to accept only those having a high likelihood of success as indicated by LSAT scores. "There should be reputable law schools," stated Dean Jaffe, "which are prepared to continued on page 8 �Opinion April 2, 1974 From Oneßoom...To O'BrianHall 8 Continued from page 7 some chances." The liberal admission policy set that year took those chances, accepting as a consequence that first-year failure rates would remain high. The new building was completed and occupied in September of 1949, accommodating 131 freshmen and a total of 316 students. Total investment in the new Law School plant, including library and equipment, stood at $704,382.58. The next year, Dean jaffe resigned to teach at Harvard, with responsibility for the School's administration left in the hands of an Executive Committee instead of another Dean. 153 freshmen were admitted, but greater reliance was placed on LSAT scores in admissions due to the strong correlation found the previous year between poor LSAT scores and failure take rates. Two notable innovations of the year 1950 were the first issue of the Buffalo Law Review and the establishment of the James McCormick Mitchell Fund, the income from which was to be used to provide guest lecturers for the School. Confrontation With UB In 1951, the School found a Dean in the person of George Neff Stevens, who was shocked at the deficienciesof a library which did not meet the minimum standards of either the ABA or AALS. Dean Stevens managed to secure an emergency $5,000 appropriation for the library from the University, but came to feel, as the year progressed, that the Law School's control over its curriculum had been overrideen by the University administration in several instances, including a bar review course, seminar instruction, and salary scales, all of which were unilaterally cut. In protest against what he felt was the University's failure to consult with the Law School on budget cuts, Dean Neff resigned the office after only one year. The year 1951 had its bright spots, however, as when the students organized a Student Bar Association affiliated with the ABA, and founded the Opinion. A yearbook, called the Advocate, was also begun in 1951 but became defunct in 1966. Academically, the School began that year to require three years of undergraduate work for admission, while graduation requirements rose to 84 hours of course work. Philip Halpern, in spite of his Supreme Court obligations, accepted the School's call to act as Dean following Neff's resignation. Halpern successfully resolved most of the School's differences with the Administration, but when he was designated to join the Appellate Division, Third Department, he too was forced to relinquish the post, clearing the way for the appointment of a full-time Dean in 1953. In May of 1953, Jacob Hyman, who had joined the Law School faculty in 1946, became Dean, and in that same year, Carlos C. Alden, completing 50 years of teaching, retired as professor emeritus. In his first report to the University Chancellor, Dean Hyman noted difficulties concerning admissions standards and student financial need. Describing the School's selectivity as "probably less than any but two of the New York Law Schools," the new Dean advocated a re-examination of admissions policies that had resulted in a 30% failure rate each year. Dean Hyman also sought a four-year program for the increasing number of students who, lacking financial aid, had to work virtually full-time to finance their education. Perhaps in response to the latter problem, the Alumni Association inaugurated the Carlos C. Alden Fund in 1954, the purpose of which was to provide financial assistance to students who required such to remain in School. SlowEnrollments, Faculty Leave The student body declined that year to 280, consistent with a nation-wide decline in law school enrollments, but the faculty decided nonetheless to retain the liberal admissions policy, believing that it was not incumbent upon them to limit the supply of graduates to the demand. Placement of all but the top 10% of each graduating class remained difficult, with about 20% to 30% findingnon-legal work each year. In keeping with efforts to reshape the Law School as a Legal Center, Dean Hyman expanded continuing legal education offerings to practicing attorneys in 1955 in cooperation with the Erie County Bar Association. For the fourth time, the Annual Conference on Legal Problems ofLocal Government was held at the School, drawing the attendance of about 80 county, city, village, and school district attorneys. Throughout the mid-fifties, the faculty was undergoing rapid change, as some members were attracted by higher salaries or better research facilities elsewhere. Alumni Chip In The Annual Participating Fund for Legal Education, launched as an alumni project, got off the ground in the 1959-60 academic year, raising a total of $ 10,000in memberships in its first year, in the belief that "the School could not... maintain an adequate level of quality if it remained ninth or tenth among the ten New York law schools in terms of salary levels, number of full-time faculty, and scholarship funds." Even as the Participating Fund was raising these sum?, however, the American Association of Law Schools, evaluating the School in 1959-60, came to much the same conclusion as had the Fund's organizers in its recommendations that the University deal with problems of physical inadequacies, student quality and financial aids, and faculty salaries. Partly in response to the AALS report and the urging of the School's faculty, the University decided in 1960 that the Law School would be moved to the Main Street Campus as soon as UB had the money to Library, third floor at 77 West Eagle Street (Old Building) Though replacements were often hard to construct a new building. finddue to a dearth of qualified teachers in In 1960, the Participating Fund had the market and ÜB's failure to offer proper received pledges reaching the $15,000 financial inducement in many cases, Dean mark, $1,000 of which was awarded as a Hyman yet managed to maintain a hard scholarship and another $2,200 for an experimental problem course in Small core of superior faculty at the School. In 1956, students were active on Business required for all seniors. Shortly In 1960, when the faculty first determined that the School should be moved onto the Main Campus, plans for development in a new building were formulated within the parameters of a private university in financial crisis. During this pre-merger period, the faculty were thinking in terms of a student body numbering between 250 to 400, a faculty of 18 full-time members, and a library with the capacity for 200,000 volumes. Planning in the spring of 1962, however, reflected the impact of the impending SUNY merger, as Chancellor Furnas suggested to Dean Hyman that the Law School be included in a Social Science Center with the School of Social Work and the Business School, a plan to which the faculty was favorably disposed except as regarded the possibility of shared facilities. Following the merger the following fall, SUNY, consistent with its desire to establish a major University center in the upstate region, began studying ways to expand the Buffalo campus, and, by 1964, had decided upon expansion into Amherst. Carlos C. Alden,Dean 1904-1936 Staffed with ten full-time and eight part-time faculty in 1963, the School strove, despite the uncertainty posed by various relocation plans, to introduce stability into its professional program, which in that year was set at 88 semester hours consisting of 25 required courses, 9 several fronts, as the School's Moot Court thereafter, however, the Governor's elective courses, and 8 seminars. The very next year, even as SUNY teams made good showings in its Commission on Higher Education, competitions of that year and a new group, established in the 1950's to study ways to announced the purchase of the Amherst the Indigent Prisoners Defense aid the ailing private colleges in the State, land for the development of a new campus, Organization, was formed to supply issued the "Heald Report," in which ÜB's Dean Hyman stepped down from his post student assistance to legal aid attorneys. merger with SUNY was broached publicly, to assume teaching functions and was 1957 was another year of declining and the Participating Fund suspended its succeeded as Dean by William D. enrollments, with the local economic operations temporarily to assess the impact Hawkland, who was subsequently to slump contributing to a large number of on the Law School. become the first Provost of the Faculty of students dropping out in mid-year. The Dean Hyman, following the release of Law and Jurisprudence in the Meyerson reactivation of the Law Alumni the Heald Report, had conducted a survey reorganization of 1967. Association in that year led Dean Hyman of other publicly supported law schools, to hope that the alumni might, as the and he advised the Participating Fund that New Home in Amherst Medical School alumni had, initiate a funds for experimental legal education Upon his assumption of the Deanship "participating fund" to raise money for the would still be needed after incorporation in 1964, Hawkland was facedwith SUNY's School, including financial aid money. with SUNY. In 1961, the Fund, revising its announcement of the Amherst relocation Though more applications from goals somewhat to account for aid the and its ramifications for the Law School, high-LSAT students were being received in School would be receiving from the State, and over the summer of that year, he and 1958, enrollment declined still further. As appropriated $3,000 for scholarships, the faculty decided that the Amherst for the faculty, the perennial problem of another $3,000 to the Small Business campus would indeed be the most salaries resulted in a situation where, in course, and $1,000 for assistance to the appropriate location for the new Law 1958-59, not a single full-time person Clinical Program. building. remained who had been full-time in 1953 Partly with money provided by the Over that same summer, the faculty when Hyman became Dean. A successful Fund, several additional full-time compiled a "Bluebook" containing a University fund drive in 1956 promised, instructors were added the year before the master plan of the School's future however, to add one million dollars to UB merger, bringing the full-time faculty to development, which in turn was faculty salaries, and in 1959, local ten. incorporated in 1965, at the of attorneys began a participating fund for 1961 also saw the revitalization of the SUNY Chancellor Gould, into request a "Seven the Law School, a measure which was to Law Alumni Association, which adopted as Year Plan" covering the years from 1966 help ease the financial pressures further. projects the fall 1962 celebration of the to 1973. In this Plan, the faculty revised its Student njorale received several needed School's 75th Anniversary and the earlier planning boosts in 1958. The Moot Court Team sponsoring of the commemoratory history support was not of 1962, when State taken into consideration, won, for a third time, the Regional written by Gilbert Pedersen. and raised its sights from the envisioned Competition over Albany, Cornell, and Main Campus facility to the first prototype Syracuse, while Opinion won an award in Affiliation With SUNY of what was to become O'Brian Hall on the the national competition of the American The graduating class of 1962was part Amherst Campus. Law Student Association, theprecursor to of ÜB's 116th and last Commencement as The University had suggested in 1964 the ABA-LSD. SBA, in addition, hosted a a private institution, as on September 1, that, at least in the initial phase at regional convention of the Law School 1962, the School became affiliated with Amherst, the Law School share a building Association in Buffalo this winter. the State University as New York's only with other departments, the law library be public law school. located in a separate building, and the �April 2, 1974 Opinion A History of the Law School faculty likewise have offices in. separate 1969, Hawkland was bemoaning "the buildings, all of which were opposed by the steady erosion of the faculty-student faculty in their own Plan of 1965. ratio," which in that year stood at 1 to 22 The controversy over physical planning as compared to 1 to 15 in 1966. Since the carried into the winter of 1965, when the faculty had extended its commitments into University, still opposed by the faculty's non-professional courses back in 1967 preference for their own facilities in a under the "jurisprudence" program, the single building, proposed that the School Dean estimated that a more accurate ratio be housed in one wing of a larger for the professional program was really 1 "pentagon" structure on the new campus. to 25 at the end of the decade. By 1966, the Law faculty had largely won Development of the library also their point, but the arrival of President deteriorated in the late Sixties, and Meyerson that summer had the effect of, following the announcement that projected rendering obsolete all previous planning. acquisitions had been revised downward Prior to the appointment of Martin from 400,000 volumes to 300,000, the Meyerson as President of the University, School suffered book budget cuts each enrollmentstood "in 1966 at 355, with over year from 1967 through 1970, with 175 entering as freshmen that year. "complete despondency resulting in our Whereas in 1962 about 50% of the students faculty" according to Dean Hawkland. Physical facilities going into 1970 were had done their undergraduate work at UB and better than 85% lived in Western New the same as they had been in 1966, York, 1966 statistics indicated that only consisting of the Eagle Street building and 25% had been UB undergraduates and 45% three floors of the Prudential Building had come from outside Western New York, several blocks away, although a faculty most coming from New York City. committee under Mr. Wade Newhouse was Although space remained a critical by then well along on planning for the new problem, with the School renting three building. A series of meetings involvingthe floors of the Prudential Building in 1965, Newhouse committee, UB facilities staff, the availability of New York State Higher and the SUNY Construction Fund finally Incentive grants, for which most of the students were eligible, somewhateased the financial aid crunch of the early Sixties. The Seven-Year Plan, launched in 1966 only to be abandoned under Meyerson, had envisioned 800 students, 60 faculty, a new building in Amherst, and innovative programs in small class instruction and in the field of Local Government Law. resolved upon a structure built to accommodate 800 students and 300,000 library volumes, for a total of 105,470 net square feet. Over the last years of the Sixties, thirteen faculty were added, although even that increase was outpaced by an enrollment expansion of 215 students from 1966 to 1969. The Meyerson Reorganization Momentous Consequences Under President Meyerson, the The last year of the decade proved to University-was radically reorganized early have momentous consequences for theLaw in 1967 into seven Faculties, each under a School, as it was the year in which.Dean Provost, with the Law. School being Hawkland resigned and in which a number designated the Faculty of Law and of academic developmentscrystalized. Jurisprudence. Dean Hawkland assumed Upon Hawkland's announcement of resignation, William Angus assumed the the office of Provost. The Faculty of Law and Jurisprudence was charged, in a mission transcending the traditional professional program, with "responsibility for providing graduate and undergraduate training and research in law along broad, inter-related disciplinary lines." Dean Hawkland noted, at the time of the reorganization, that theLaw School would become involved in "areas of knowledge formerly occupied exclusively by other disciplines." The admissions policy accompanying the reorganization recognized a responsibility to the State, as the only public law school, to admit some applicants who would obviously be rejected on quantitative scores, but announced an intention not to graduate anyone "who could not have graduated from any law school in the country." The difference between lower quality input and higher quality output was to be narrowed by "extra teaching effort." Despite the liberal admissions policy, enrollments declined in both 1967-68 and 1968-69 due to the ending of draft exemption for law students in 1967, but by 1969, many serviceman were returning to continue their interrupted legal studies, while still others, who had been admitted under a deferred admissions plan for military personnel, were entering in the fall of 1969. By 1970, returning servicemen outnumbered those who had been prevented from attending that year by military commitments. "Alarm & Pessimism" In the late Sixties, Dean Hawkland reported to Pres. Meyerson that "quantitative comparisons between plans and reality give considerable cause for alarm and pessimism. They show that the University's support has fallen far short of what is required to implement our plans." Though the School had at that time won its fight for a separate academic building on the new campus, a problem of a different nature began to develop, and by load, a development which reduced requirements by about 10%. Academic Projects International programs saw life in the 1967-68 academic year, when Prof. Milton Kaplan conducted a seminar in Comparative Environmental Law with visiting Asian scholars participating, and when the School joined with the University of Brussels to establish a comparative law program to be given in Belgium each summer. While budgetary problems caused the termination of the latter program in 1970, the School did maintain a committee on international legal studies which subsequently formulated plans for an eventual LL.M. in internationallaw. Joint degree programs also expanded in 1969, including programs with Policy Sciences, Social Work, Business Administration, Management Science, and Social Policy and Community Services. Summer courses were first to be offered the very next year, 1970, although the courses that year were all non-professional and the first professional courses were not to be offered until 1971. Since the merger with SUNY, the Law School had emphasized the development of a local government law program, and in 1967, the first concrete step was taken with the initiation of an Ombudsman Project, under Angus and Kaplan, which was to function well into 1969 handling citizen grievances against Erie County and the City of Buffalo. In 1969, prior to his resignation, Dean Hawkland was to speculate that "over the past three years; the clinical aspects of our program have increased substantially and it is possible that we now offer more opportunities for clinical work than any other law school." The clinical program, inaugurated in 1966 when Prof. Louis Swartz supervised a dozen students in Legal Aid work, proved so successful by Second EagleStreet Building, 1949-1973 1969, that some 40 seniors were then working in the Legal Aid Clinic in addition to those involved with a bail bond project where students made bail recommendations to City Court. Altogether, it was estimated that 80% of the senior class were involved in clinical work that year. The non-professional legal studies program begun in 1967 led, in 1968-69, to expanded non-professional programs with financial need. Academic developments moving into other faculties of the University, including the 1968-69 academic year included a a cooperative venture with Educational substantial curriculum revision, an Studies which that year saw a number of Ombudsman Project, the continuation of teachers from ghetto high schools an International Comparative Law participate in a year's program to upgrade program, and the completion of planning their training. An Urban Problems and Planning for Law and Society College. When the University introduced the Institute, supported by an HUD summer four-course load for undergraduates in grant in 1969, involved law faculty joining 1968, law students were spurred to with law students, undergraduates, and reconsider their own School's graduation even high school students to study area requirements, and they, found that the urban problems from an interdisciplinary requirement of 90 hours and numerous perspective. The late Sixties, a period of inculcation mandated courses was somewhat stricter than the average required elsewhere. In for many future programs, also saw the 1969, the faculty reduced graduation flourishing of one which was later to requirements to 81 hours, with only 20 become dormant, that being the program School hours of required courses, in a new in continuing legal education. The curriculum based largely on the four-course began the acceleration of that program in acting Deanship while Pres. Meyerson established a special search committee, chaired by Herman Schwartz, to conduct the search for a new Provost. Dean Angus assumed immediate responsibility for a special recruitment program for disadvantaged students in 1969, and he worked closely with the Black American Law Students Association (BALSA) to set guidelines for special admissions and 9 1966, with the production of sixteen television lectures aimed at bringing practicing attorneys up-to-date on recent developments in the state's civil and criminal law. The T.V. series continued through the academic years 1967-68 and 1968-69, covering subjects as diverse as the Constitutional Convention, the new Penal Law, and the Bankruptcy Act, but by the early Seventies, continuing education efforts had been largely abandoned, chiefly due to decliningparticipant interest. A project still in the initiation stage, the Law and Society College, had its genesis in 1969 with the sponsorship of a Law and Society Workshop which drew upon faculty from law and the humanities to provide courses, symposia, and research for undergraduates. From the Workshop emerged plans for an eventual residential college designed to promote interdisciplinary opportunities for law reform. Faculty Restructuring Also in 1969, Dean HawkI and proposed a sweepingreorganization of the Faculty's administrative structure, under which the Faculty would be divided into a School of Law and a School of Jurisprudence, each headed by a separate dean responsible to the Provost. While rejecting the division into ■ Schools, a reorganization committee established to study Hawkland's proposal did formulate a new set of By-laws, upon which the current set is based, which provided for five administrators and a number of faculty committees, on which students were given representation. The reorganization also separated the offices of Provost and Dean, with Hawkland retaining the former office and William Angus assuming the latter, from which he was to administer the professional program. Provost Hawkland functioned in that office foranother year Jacob Hyman, 1953-1964 before resigning effective September, 1971, to assume a teaching appointment at University of Illinois at Urbana. Into the Seventies After an extensive search, Dr. Richard Schwartz, a Yale Ph.D. in Sociology who had taught at Yale and Northwestern law schools, was unanimously approved by the faculty to assume the dual offices of Provost and Dean, which offices he assumed in September 1971. The building which is to be formally dedicated next week was not to open for operations for another two years following Dr. Schwartz's assumption of the Deanship, but the period designated as the Schwartz Administration should perhaps be better viewed as a coherent unit across the gulf of a few more years, rather than dissected at this writing into pre- and post-O'Brian eras, eras to which we are much too close to form a proper perspective. It has, in any case, been quite an odyssey from that single small room in Niagara University's Medical Building to this new and hopefully permanent home of the Law School, John Lord O'Brian Hall. �April 2, Opinion 10 1974 Dedication Ceremonies Explained by Dr. Marjohe Mix Asst. Dean for Student Affairs There have been inquiries about tickets for the dedicationof John Lord O'Brian Hall on Monday, April 8. The dedication of O'Brian, the first such ceremony on the Amherst campus, is in the Alden Courtroom. Students who chair or represent the following organizations and officers of the Student Bar Association were sent invitations: Student Bar Association Phi Alpha Delta Assoc. of Women Law Students Environmental Law Society International Law Club Moot Court Board Opinion Law Students' Civil Rights Research Council Puerto Rican Students Law Review Soc. on Law and Interdisc. Studies Distinguished Visitors Forum, Mitchell Lecture BALSA National Lawyers Guild ABA, Student Division on Monday morning, April 8. A remote television broadcast of the Courtroom dedicatory ceremony will be shown in Rm. 106. Tickets for admission to 106 to see the event on television will be available in my office after April 3. Amherst Cable TV (Channel 5) will also broadcast the ceremony on live television on that day. It is the relatively small number of seats available and the large number of friends of the Law School and the University that made the limited distribution of tickets necessary. First known badge issued by the Buffalo City Police Dept. for a "Justice" rests upon 1866 edition of Niagara Frontier Police Force Rules. Oddly enough, the concept of regional police is now being revived. -Belling History ofLaw in W.N.Y. Featured in Display Student Law Wives Legal Observers Athletic Committee The State University of New York at Buffalo Law School is planning a display entitled "Law and Western New York: A Visual History of Law, Lawyers and Legal Institutions," which will be held in Others invited include Faculty, conjunction with the dedication of John Lord O'Brian Hall. The the Alumni Association Board of display will be open to the public Tuesday and Wednesday, April 9-10, Directors, Directors of the Erie from 9:00 am to 5:00 pm in the Charles B. Sears Library in O'Brian County Bar Association, Judges in Hall on the UB Amherst Campus. the Bth Judicial District and Court Marilla McCarthy has spent a good part of the semester soliciting of Appeals, Faculty and deans contributions to the display and organizing its presentation. Private fromother Law Schools, members collectors and public archives have contributed legal charters, papers, of the family of John Lord photos, and relics of historical interest in the development of the legal O'Brian, members of the firms which have interviewed for placement, members of the SUNYAB Council, the U.B. Foundation, University Administrators, SUNY Albany officials, members of the State Construction fund and members of the Bar. The dedication of a new university building is a ceremonial function under the auspices of the SUNYAB Council. The Law faculty has cooperated with the Council and The President's office in p! arming the events dedicating O'Brian Hall. It was originally intended that a Dedicatory Lecture would be delivered by Earl Warren, former Chief Justice of the Supreme Court, but health considerations made it necessary to cancel this second event. The intention was to make this lecture available to law faculty and students and members of the Bar, but unfortunately the event will not take place. On Monday, April 8, a portrait of John Lord O'Brian will be unveiled by the daughters of Mr. O'Brian. Mr. Charles Horsky, a friendof Mr. O'Brian and a member of Mr. O'Brian's firm of Covington & Bruling, will address the audience on Mr. O'Brian's contribution to the field of law. The event will be presided over by William C. Baird, Chairman of the SUNYAB Council. President Robert L. Ketter and Provost Richard D. Schwartz will offer greetings from the University and Faculty of Law and Jurisprudence. A reception for invited guests will follow in the Sears Library. . If additional tickets for seats in Alden Courtroom are available, I will notify students and they will be distributed through my office profession in Western New York. At right: Writ of Habeas Corpus addressed to the Keeper of Erie Cty. Penitentiary in connection with the imprisonment of a Thomas Kelly. Below: Police Court certificate of conviction sentencing Kelly to the Penitentiary for 60 days in 1884 for Assault. From Roy Nagle Collection. -Belling , reflections on united states v. manning, 448 F.2d 992 The knock on the door splits the silence Like an axe through thin wood. And the stunned thin faces look at the door, And through the wood Seeing the bars behind. Some jump to a window and through the window To a fire escape and freedom. Others stumble to a window and through the window into sunlight and air and death five flights below. And as the heavy foot comes through the door, The last one clutches the rest of her life, So sharp and white, just needles and powder, And flushes it down the bowl. The search was illegal. W.E. �April 2,1974 Opinion 11 LRPC Report on Clinical Education continued fromlast issue C. The Trial Phase Two alternatives are currently under consideration for the Trial Phase of the Program. The first envisions continuation of the present Trial Technique course. However, to conform to the structure of the Simulation Phase the course would be reduced to eight weeks rather than twelve, and would be offered during the last eight weeks of the semester. In the second alternative, the Trial Phase would be an extension of the SLF Program, with students taking their big case to trial during the first four weeks of the Phase. Instructors who currently offer the Trial Technique course would be engaged as Special Counsel for the Trial Phase, and would be associated with the various SLFs. By concentrating eight weeks of the Big Case Phase and the first four weeks of the Trial Phase on one case, the Program wouldinvite opportunities for giving the students an excellent grounding in a particular doctrinal area or in related areas of law. The last four weeks of the Trial Phase would be devoted to criminal law cases which are about ripe for trial. The last segment of the Simulation Phase would be used to contrast the methodological differences between criminal and civil litigation and to reinforce training in criminal procedure. The Clinical Phase Having completed the Simulation Phase, third-year students would enroll in the Clinical Phase where their principal loyalty would be to another kind of law office, the clinicaloffice. The model for the proposed Clinical Phase combines several new offerings with elements of the existing curriculum to provide a unified, comprehensive, "in-house" clinical program. The model anticipates the Civil Law and development of two major clinics Criminal Law. Incorporated within each will be three to five "development components." In effect, the clinical curriculum will be merged into two teaching law offices, each containing several specialized components. Each of the three to five components will have a full-time faculty member associated with it. Each of the civil law components will have a different subject matter base and will be designed to emphasize the development of lawyers' skills and/or training for a particular mode of practice. During the 1974-75 academic year, the Civil Law Clinic will probably contain three components all of which are presently included within our clinical program. They are Family Law Litigation (currently referred to as Civil Law Clinic), School Law, and Women's Legal Clinic. Some variation of the structure of each of these courses may be required to bring them into conformity with the program model. In 1975-76 the addition of two subject components to the Civil Law Clinic is planned. The subject focus of the additional components is uncertain at this time. The Criminal Law Clinic is designed to afford students with an opportunity to provide supervised representation to criminal defendants at each of several stages in the criminal justice process, from arraignment through incarceration. The Criminal Law Clinic will likely include the following components: misdemeanor representation, felony litigation, criminal appeals, and correction law — litigation. The overall program design is predicated on the assumption that the clinical model may be an effective vehicle for teaching not only practice skills, but substantive law as well. However, this objective may only be fulfilled with intensified exposure to a particular area of substantive law or mode of practice during the clinical experience. Therefore, students in the program will enroll in one of the components of either the Civil or Criminal Clinic, and will remain identified with that component for the duration of the program. They will concentrate their efforts on live client cases included within the substantive law focus of the component. Each of the components will include a substantively based seminar, which will be correlated to the work of the clinic and required forall students. Each participant will receive nine credits for participation in the program. Six credits will be awarded for the clinical segment, and three credits for the seminar. An important feature of the proposed model is the merger of the program into two major clinics. This structural change is calculated to maximize the educational potential of clinical work while minimizing the administrative burdens of the program. The proposed program envisions the continued development of a clinical center at O'Brian Hall. The center will be a teaching law office staffed entirely by faculty and students from the Law School. The "in-house" the practitioners, no credit or grade would be earned. center eliminates the necessity of "farming out" students to outside agencies for fieldwork training. Credit Structure; Grading Other benefits of the teaching law office include the following: First, it provides a concrete model in which to teach intake control, case selection, employee relations, filing systems, and other aspects of law office management. Such opportunities rarely exist at outside agencies. Second, itaffordsus the prerogativeof regulating intake. Maintaining control over the volume of cases is essential when the primary office objective is education rather than service. Third, the maintenance of an O'Brian Hall officealleviates a serious logistical problem. Law Office Research and Writing; An Alternative The Clinical Phase might be expanded in order to accommodate students who have participated in the Simulation Phase, but prefer lawyering experiences other than the varieties providedby the legal-aid oriented clinics. The alternative might be particularly attractive to highly motivated students who have decided that they have little interest in the litigation side of lawyering. It might attract others with special interests in exploring, along with practitioners, methods for filling particular unmet legal service needs not provided by the clinics (e.g., for the aged or for persons in mental institutions); or those who seek exposure to specialized forms of law practice (e.g., tax law, labor law, international transactions). Prior to the beginning of the school year qualified and interested third-year students would indicate the field or alternative fields of law or specific types of projects in which they would like to do research and writing in the context of law practice. Ideally, the students would propose to work in teams, the members of which would be affiliated with the same SLFs (but different combinations would be permitted). In some cases the students themselves might identify private or public law offices with which they might want to be affiliated. The students would not be permitted to work directly for clients, such as community organizations, but could serve the needs of particular clienteles or community groups by working with their counsel. Members of the legal community of the Niagara Frontier would be informed of this potential student pool, and of the ground rules by which it might be utilized to provide backup work in litigation, law reform efforts or other lawyer tasks involving challenging and perhaps unique questions of law. Lawyers desiring to use this resource would describe their projects in statements to be submitted to a Clearinghouse Committee. The Committee would be a small one, probably composed of faculty and student members. The Committee would endeavor to match the lawyers' requests with studentinterests and the interests of faculty members who might volunteer to serve as faculty supervisors in particular projects. The Committee would screen project proposals, accept only those presenting seriousintellectual challenges, and reject those likely to yield only pedestrian products. Faculty members agreeing to supervise projects with a specified minimum number of students for a period of or equivalent to a complete semester could request a reduced course load. Otherwise, faculty particpation would be on an extra-load basis, as with the Clerkship Program and independent study projects. Having satisfactorily completed the Simulation part of the Program, the students would be expected to have some familiarity with pertinent aspects of law office practice, and, in particular, with the nature and functions of various types of legal process and instruments. Accordingly, the students would be in a position to provide valuable services without having to burden the practitioners or faculty supervisors with the teaching of such fundamentals. Neither fegal-aid clients nor outside practitioners should have to suffer the kinds of student errors that can be avoided through adequate preliminary simulation training. Unlike standard clerkship or apprenticeship programs, in the arrangements here proposed the members of the student teams would retain a degree of independence similar to that enjoyed by special counsel or consultants; they would not be regarded as staffmembers of the offices being serviced. The distinction would be stressed to makeit clear that the students'roles must not include the repetitive and unrewarding routines of law It is suggested that successful completion of the Simulation Phase of the Program earn a total of six to nine credits, in effect the equivalent of two to three semester courses. Possibly a pass-fail system of grading would be best, but this remains to be determined in the light of larger policy decisions on grading. If a pass-fail system were adopted, partners' letters acknowledging superior performance should be given to the studentsand placed on the school records. The Program should afford an opportunity to experiment with an innovative incentive system. The present system of working for grades, rather than towards perfection of a service or product, leaves something to be desired. An alternative method would be to apply the principle of "mastery" learning. Mastery learning requires the student to continue to work on a product until it has reached the criteriaof satisfactory performance established by the instructor. Under the mastery principle, the student would stay at a given level until he/she satisfactorily completed the required work at that level. In the context of the proposed Program this would mean that the Managing Partner would require the student to continue to redraft a documentuntil it met the standard established by the Partner. The ultimate penalty for failure might be more than a failing grade; it might include dropping the student from the Program. Those who satisfactorily perform in the Clinical Phase of the Program would receive six credits. Under the present program they receive six credits for work in the Civil Law Clinic and three credits for the companion seminar. The six credits would reflect the equivalent of two seminars' work, even though the case activity would taper off prior to the end of the spring semester. In effect, the students and participating faculty members in the law office research and writing branch of the Clinical Phase would negotiate the terms and conditions "for performance in each proposed project, including the element of credit. Thus credits would be earned on a project basis, rather than on a semester basis. Appropriate criteria would be established in advance, perhaps requiring a fixed minimum expenditure of time for each unit of credit. Each project for which student credit is sought would be subject to the approval of the Clearinghouse Committee, and possibly subject to further endorsement by the Academic Policy and Program Committee. In any event, the latter Committee would have to approve any project for which the supervising faculty member would be given teaching credit. Administrative Supervision and Coordination During the demonstration period, overall supervision for the proposed Program shall be entrusted to the Project Director, who shall be a full-time member of the faculty. Supervision and coordination of the activities of the Simulation Phase will require the Director to devote half time to this segment of the experiment. Theremainder of the Director's time would be devoted to teaching in the ClinicalPhase of the Program. The Committee recommends that a Clinical Fellow be appointed to assist with the operation of the Program. The fellow, who should be a law school graduate with *ome experience in law practice, would primarily work in the Clinical Phase assisting the Project Director and faculty with program administration, and supervision of students with case development and presentation. Faculty and Staff Resource Needs A serious obstacle to launching a program with the dimensions of the Practice Training Program is the inadequacy of faculty, administrative, and secretarial resources within our Faculty. Programs such as the one that has been proposed are labor intensive and considerably more expensive than conventional courses in our curriculum. During the demonstration period, the resource problem is ameliorated to some extent in that CLEPR will provide partial funds sufficient for us to support two full-time secretaries and a Clinical Fellow. The University's administration must begin to recognize that innovative educational programs which we are capable of An important factor motivating diligent andsuperior developing and implementing are expensive; and that the costs for these experiments will neither come from outside application would be the work on the part of tfie students sources nor may they be a drain on our superior of the "mastery"concept, to be discussed below. Until the professional program. work of the students is held to be worthy, of submission to clerking. �April 2, 1974 Opinion 12 LRPC Report on Legal Studies A. Legal studies generally By legal studies we refer to a cluster of activities united not by a single distinguishing feature, but by theirmutual relevance and perhaps by their susceptibility to coordinated direction and management. We visualize this cluster of activities as complementary to the professional program of the Faculty. They are, in varying degrees, distinct from the professional program in pedagogical setting, in modes of approach, and inintellectual stance. (i) Thus the legal studies undertakings include provision for teaching students other than those preparing themselves for the practice of law. (ii) They emphasize socio-legal approaches to the understanding of law. By socio-legal inquiry we mean that which approaches law as a social process rather than as a self-contained body of authoritative learning. What is here called socio-legal research includes a variety of different kinds of intellectual undertakings, from historical and descriptive studies to inquiry organized around specific policy problems, to research which aspires to general theory. We proceed on the assumption that it is desirable to promote this whole range of activities, that they have mutual relevance, and that they would be mutually reinforcing. (iii) They are designed to provide a congenial setting for formats of inquiry that may be constrained by the responsibilities of the professional program. They are also freed from the emphasis on short-term problem-solving that dominates the professional program, rendering difficult the sustained examination of basic theoretical issues. Not only can they have a wider scope in both time and space, but these programs permit inquiry that goes beyond the received paradigm of the legal order underlying professional training; what is necessarily axiomatic in the professional program can be treated as problematic in the legal studies setting. B. Teaching in the wider university setting 1. Broad program of course offerings for undergraduates We regard it as both an opportunity and an obligation for the Law School to present a broad array of course offerings which provide an introduction to the legal process (e.g. law 201) or to specific areas and problems within it. This is a contribution to general liberal education that this Faculty can make and should make. Although no attempt is made to survey the potential demand for such courses, past experience indicates a very widespread undergraduate interest in such introductory courses about law and suggests that there is also considerable interest in further courses along these lines. We would hope that a sizable portion of this Faculty would contribute to these courses. 2. Law in other disciplinary settings This means courses on law which are particularly relevant to the concerns of other units of the university. For example, courses in the education, social work, or engineering schools, designed not as a general introduction to law but to provide an understanding of legal issues and the effect these subjects and of legal resources for addressing their problems. We believe this Faculty should, as part of its commitment to provide service to the university community, try to do more of this. We anticipate that such courses or seminars wouldbe mostly on the graduate level, but some may also be for undergraduates. 3. A major or intensive program for undergraduates We believe that the Faculty should re-affirm its commitment to the development of an undergraduate "law and society" program, which focuses on law as an institution or process in society as well as a special kind of learning about society. These matters should be approached not only from within legal scholarship, but also from the vantage points of other disciplines. We do not visualize this undergraduate program as subordinate to or derivate of the professional program. Such a program should include some courses that utilize the methods and cultivate the skills of close analysis which are emphasized in the professional program. But the intensive program should not be a "pre-law" curriculum. Nor should it consist of the teaching of "law" in the professional style. Nor should it address itself to surveying "thelaw." Instead, it should aim at using the law (i.e. the study of law in the broadest sense) as the vehicle for a broad general education, providing an acquaintance with major accomplishments of human knowledge, an introduction to the major modes of disciplined inquiry, and an intensive cultivationof a student's critical faculties. We believe that law provides exciting and unique possibilities as the organizing theme of a program of general education. Thekind of program we envision has the advantage of avoiding the compartmentalization along disciplinary lines that afflicts most undergraduate education. The law presents an opportunity to construct a program around the systematic examination of a common set of phenomena from multiple perspectives. Again, the law provides an opportunity for intensive consideration of problems of responsible decision-making that is rare in American undergraduate education. Generally, American undergraduate programs fail to introduce students in a systematic way to complexities of decision-making, nor do they consider in a sustained and coherent way problems of applying normative learning and empirical knowledge to concrete problems. In general, they neglect questions of utilizing knowledge in action. The law offers an opportunity to organize a program which addresses some of these deficiencies. Thus it provides an opportunity for examining the relevance of different kinds of human knowledge in the designing, implementingand monitoring of social policy. We think that the course of study in such a program would encompass not only courses and seminars, but also workshops, work-study and clinicalprograms and a variety of extracurricular enrichments, including theatre, music, art, film, etc. This is, we believe it should not be merely an academic program, but should reach for the creation of an intellectual community among the participants, both Faculty and students. There is a growing interest, in many colleges and universities in undergraduate legal education. Although there are a number of useful sources that can be tapped in the specific design of such a program, there are no existing program which fit our needs and strengths. Nor are there any tested guidelines for formatand curriculum that could be readily adapted to our program. An undertaking of this kind at Buffalo would entail considerable investment in a curricular design and considerable experimentation in seeing what curriculum and format would be effective in implementing that design. We believe such a program could secure extensive and valuable contributions from other parts of the university. Members of other faculties at this university have expressed enthusiastic interest in an undergraduate law The Faculty of Social Sciences and program. Administration is presently contemplating a "law and society" track in its faculty-wide major. It is expected that this "law and society" major will be in operationby the 1974-1975 academic year. Since it appears that any major efforts by this faculty will not take place until some time further in the future, we should utilize this program as an appropriate vehicle for our interest in undergraduate teaching. The designers of the program are very eager to encourage a major contribution to it by members of the Law Faculty. We also should be able to learn a good deal from experience in this program. Werecommend that the Advisory Board on Law and Social Science Programs, which is already at work in the area of joint-degree programs, be asked to expand its scope to include undergraduate programs. This body would be useful in coordinating of efforts of this Faculty and the Social Sciences Faculty and to provide a forum for working out future collaboration in this area. We believe thatsuch a program shouldbe recognized as an important part of the mission of this Faculty and that work in this program and in other aspects of legal studies must be given full credit as a contribution in the making of tenure decisions. The program should enjoy a substantial degree of autonomy. It shouldbe run by the faculty who teach in it. They should decide on curriculum, requirements, admission to the program and teaching assignments without detailed review by the full Faculty. Law and Society College We leave open the question of whether the intensive "law and society" program that we propose should be cast in the mold of a residential college. We are persuaded that such an arrangement would bring considerable advantages in terms of more intense educational experiences which would result from the richer student life and greater opportunities for extracurricular activities which wouldbe possible in a residential setting. But these exciting educational vistas bring with them very heavy administrative burdens. With so many other plans calling on our scarce resources, we have some doubts about the feasibility of the Faculty taking on these burdens. We conclude then that the feasibility of a College depends very much on the presence of a person (or persons) to serve as intellectual entrepreneur/resident master/administrator. In the absence of an exceptionally qualified and enthusiastic candidate, we feel that it would be better to proceed with a program/major without taking — - on the additional administrative burden ot a residential college. We assume that anyone capable of running such a College would insist on having a substantial degree of in doing so. As we indicated earlier, we think undergraduate programs should be designed and managed by-those who teach them and this of course goes for the College. It would be well to establish a convention giving broad leeway to the group actively involved in the undergraduate program to chooseits own colleagues. We recommend that the search for a person qualified to head the College (or in the alternative, the intensive undergraduate program) should be given a high priority in our recruiting efforts. C. Advanced study autonomy — 1. Doctoral program the Ph.D. in law We think that eventually the Faculty's commitment to legal studies should include a doctoral program which builds on the distinctive strengths and interests of this Faculty. This would not be another jSD program, but one specifically designed to give advanced training in the contextual and social dimensions of the legal process. We feel that at this time it is premature to formulate a Ph.D. program in any detail. We think that the Faculty should begin to explore with the State Department of Education and other certifying bodies the necessary conditions for and dimensions of such a degree program. It is recognized that such a program would require a substantial commitment of office space and secretarial help, as well as some financial assistance for students. In the interim, existing needs for doctoral programs can be met by utilizing the Ph.D. in policy studieswhich has modest core requirements and allows ample flexibility in the design of individual programs. 2. Master's program in socio-legal research We believe this Faculty is already in a position to offer a program of intensive training in the area of socio-legal research. We visualize that we are likely to be called on for such a program, perhaps particularly by overseas students (mostly young law teachers). Such a program, leading to the Masters degree, would be limited to a small number of entrants, and would involve intensive work in courses both in the Law School and in the Social Science Departments. Each student's program would be devised to meet his individual needs and would involve considerableindividual guidance. We recommend that when we approach the certifying bodies with our other LL.M. proposals (in Stateand Local Government and in International Law) that this program be included. 3. Non-degree visitors programs We think it is important to provide opportunity for advanced work outside the frameworkof degree programs. We commend to the Faculty severalprograms for advanced work which we think would enrich the intellectual life of our community as well as providing a valuable service to the recipients. (i) The first of these might be called the mid-career fellowship. This would be for persons with extensive professional experience, either in practice or in administration, who would want the time to reflect upon their experience during a one-year (or a shorter period) residence. (ii) A somewhat different kind of visitor might be called the scholar-in-residence. By this we mean scholars, law teachers, social scientists or humanists, interested in undertaking further training which we might provide or in working on research and writing which is relevant to our interests. We recommend that the Faculty seek outside support for a program which would enable us to have visitors of these kinds over the coming years. D. Research 1. Facilitating faculty research We envision that legal scholarship will continue to move away from the classical pattern of library research. Hence, we anticipate increasing interest in the techniques of data collection and data analysis which have until recently remained outside the ambit of legal scholarship and in the possibility of collaborationwith scholars trained in other disciplines. A response to these needs will, we believe, become a major institutional responsibility over the coming years. We think that the legal studiesprogram should have a research component which could encourage this broadening of research skills and facilitate their exercise. One of the functions of such a research component would be to provide (or arrange for) technical services in connection with designing and carrying out field research e.g. assistance with statistical and survey matters. continued next Issue - �April 2, 1974 Opinion Moot Court Annual Report . 13 Book Reviews '.. Continued from page 3 four members for at least one month before that. If duties include researching and drafting legal winning is everything, the team did not succeed. memoranda under the directionof a seniormember, They lost to the first round opponent in the single presenting oral argument in practice and elimination contest. While the team members felt various administrative duties intendedsessions, to develop they had done their best, they recognized at the familiarity with the Board's function. Nationals that success depended almost as much on 4) After the Desmond Competition and knowing what to expect from the judges and other candidate selection, the Board faced the balance of teams as it did on master of the complex legal issues. the academic year with anticipation. Board meetings In that regard, the team felt that the lack of were held to formulate teams and procedures for knowledge of what to expect, i.e. a method by upcoming competitions. This involved designating which to approach the National Competition, should competition chairpersons and assigning candidates to not be a problem that reoccurs annually. They set the various teams. The first of these competitions out therefore, on returning to Buffalo, to record was the annual Niagara Competition held at Wayne specifically their reflections on strategic mistakes State University in Detroit. The Buffalo entry that can be avoided by future teams and to give to finished as semi-finalists in the contest and garnered those teams a comprehensive handbook covering all the best oralist award. The Philip jessup aspects of the National Competition. The hope is International Law Moot Court Competition followed that in the years to come, the handbook will be closely after the Niagara. The competition, held at expanded and revised and help our teams succeed in Cornell Law School, saw our team reach the final the Nationals. round before losing narrowly to the host school. A 2) While the Alden Moot Court Room was new competition organized by .the patent and officially dedicated on October 22, 1973, when the copyright bar of Washington, D.C., created a good continued frompage 4 excerpts from leadingarticles, ancf notes by theauthor account for the book's precision and depth." In addition to this literary achievement, Professor Goldstein has devoted his time and talents this year to writing two articles in the copyright field and also a third article in the field of computer communications systems. He has also been a principal investigator of a project supported by the National Science Foundation. The project concerns the legal conditions surrounding innovation in instructional materials for elementary schools. The project should be completed next fall and will result in another book by Professor Goldstein. Professor Goldstein is also the senior staff consultant to Cabledata Associates Inc., a research and development firm in Palo Alto, California. His most recent work for this firm involves a report concerning secrecy and security problems in advanced computer communications technology. Both Professor Buergenthal and Professor Goldstein are outstanding teachers, gifted legal experts, and tireless and energetic scholars whose works have proved enlightening and valuable to the legal community not only at our law school, but to the legal community in our country and also abroad. There is, however, one subject in which Professors Buergenthal and Goldstein could collaborate and which, I am sure, would be perhaps the greatest Law School hosted arare "out of Rochester" session deal of interest among Board members. The Board contribution made to the law student. Professors, please write a book, of the Appelate Division 4th Department, theBoard organized a team, and the members set out to the title of which couldbe How WeFound the Forty-Eight Hour Day. believes the real inaugural of the room took place research the complex patent and anti-trust problem. during the annual Charles S. Desmond Competition. Before long, they were unexpectedly notified that The 1973 Desmond was a whopping success. Nearly due to an unexpectedly large response from law forty students from the first and second yearclasses schools, the organizers planned on choosing only participated in the grueling round-robin tournament. eight teams tocompete orally. The choices wouldbe Moreover, the Competition brought to the Law made on the basis of the quality of the submitted Thc Association of Women munity children on Sunday afterSchool (many for the first time) a significant number briefs. At this writing, the Buffalo entry has been Law Students (AWLS) held a noon, April 21. During theafterof members of the local trench and bar to judge the notified of their selection as one of the eight meeting on Tuesday afternoon, noon, parents are asked to meet arguments. This cooperation between the Board and competing teams, and they are preparing for the trip March 25, to discuss plans for a with the AWLS Day Care Comthe local judiciary and bar has a long tradition and to Washington by holding practice arguments on an day care center at the Amherst mittee. (Specific times and locahelps to solidify the relationship between the almost daily basis. campus. On April 10th and 11th, tions will be announced.) All in5} One of the most satisfying activities of the surveys of interests and needs will terested in the project (students, academic and practicing legal communities. "The Chief," judgeDesmond, again presided over the final year for the MootCourt Board saw the Albert Mugel be taken on the 2nd floor in front faculty, and staff), please leave a arguments, joining with him on the final round Tax Competition get off the ground. This of the library, of Law Students, note in the AWLS office, Room panel were Court of Appeals Associate Judge competition, conceived of last year, is planned for Faculty, and Staff, who are par- 509. Matthew Jasen, Professor Kenneth Joyce and John April sth and 6th atO'Brian Hall. Seven law schools ents. After the results are compilNotice of the April AWLS Marsh, now the Presiding Justice at the 4th from the Northeast and Central states will compete ed, more definite steps will be takDepartment. The Desmond Competition was capped in the round-robin competition. The Board, while en in terms of time, place, pro- meeting will be posted in the grams, off by a banquet catered by University Food fielding its own team, has worked diligently to insure finances, etc. for the cen- AWLS office. There is an open inServices and held, surprisingly comfortably, in the an interesting and smoothly run competition. The ter. vitation for all those who wish to The AWLS will also sponsor a become active in any of the fourth floor lounge areas of O'Brian Hall. Board is currently engaged in recruiting judges for 3) The Desmond does not end altogether with a the rounds including a congressman and judges from Spring Party forLaw School Com- group's projects. banquet. The week following the final round, the United States Tax Court. We expect the unique individual scores given by the various judges were Mugel Competition to be an annual event bringing compiled and analyzed by Board members. Then the leading tax experts both locally and nationally to followed a marathon Board meeting wherein the the law school. 6) Board members for the year were: Chairman relative merits of the Desmond participants were put forth or not put forth, as the case may be. The Lance Mark, Vice-chairman Tim Toohey, Joe by lan DeWaal uate college next year. There was Board concluded by selecting over twenty students Burden, Cy Cloner, Jim DeVoy, Mike Dunlavey, Ben dispute as to whether this was an for candidacy. The period of candidacy runs from Idziak, Peter Jasen, Kay Latona, Marty Miller, Tom Volunteers are urgently needed appropriate limitation and it is selection until the following spring. Candidates' Mullaney and Tom Quinn. to act as ushers during the Dedica- not clear what the outcome will tion ceremony on April 8. If you be. To complicate matters further, are interested, please contact me in 303 immediately, no later than the Senate supported a bill sponWednesday. Ushers will be needed sored by the Board of Regents from approximately 2:00 to 4:00 which would more closely parallel during the Dedication activities. the current Scholar Incentive program, though still providing more On April sth and 6th, 1974, Donald Bergevin, Benjamin Idziak dition to the final round which the 11.8. Moot Court Board will and Thomas Multaney. will follow. All students and facul- Ushers will have an opportunity fund s for students at private cordially be sponsoring its first annual Almembers are invited observe the Dedication ty to The arguments will begin at cere- schools. bert R. Mugel Moot Court Tax 2:00 P.M. on Friday, April sth. to attend the competition. For mony either in the Moot CourtThere is a lot of politics involCompetition in John Lord The Saturday rounds will be at further information contact the room or Room 106 via closed cir- ved in this issue and the Financial O'Brian Hall. Law schools from 9:30 A.M. and 12:30 P.M. in ad- Moot Court Office at 636-2037. cuit T.V. and will be welcome to Aid office has no indication yet of various portions of the East and attend thereception following the how these twodifferent approachMid-West will be participating in formal ceremony. es will bereconciled. this unique event. "Pre-registration" is now takIn relation to Dedication, no classes will be heldafter 1:00 p.m. ing place for summer session clasJudges for the competition on April 8. In addition, the Law ses. If you are interested in athave been selected on the basis of Library will be closed both the tending a class this summer, please their expertise in the area of perday of the Dedication and the sign the sheets on the third floor sonal income taxation. Albert R. "What happened to the ac- interest in working in any of these Sunday immediately preceding Registrar's bulletin board. Mr. Mugel, Professor of Law at U.8., will sit as the Chief Justice for the tivism of the '60's?" This question areas should talk to people in the (April 7) to allow for setting up of Wallin is attempting to get a reaequipment. sonable indication of what the definal round of the competition was posed at the regular meeting Guildoffice, Room 118. Laura Zeisal read a letter promand will be. which will be at 4:00 P.M. in the of the Buffalo chapter of the Hopefully, by the time you Moot Court Room on Saturday, National Lawyers Guild, held posing an Alternative Career Day. Finally, the response of stuApril 6th. In addition to Mr. Mu- Wednesday, March 6. Anyone Hopefully this project will bring read this, agreement will have gel, the Honorable William A. with an answer should see Michael Public Defenders, Legal Aid, been reached on what form the dents in interviewing prospective Goffe, Associate Justice of the Stoller, John Stuart, or Barbara movement law firm, and law col- Scholar Incentive award program faculty members has been dismal year. As of this to non-existent. When a candidate United States Tax Court in Wash- Morrison, who are trying to work lective people to the campus will take next ington, D.C. will also be on the out a program for a day of activi- something this spring, to discuss writing, confusion still reigns in for a position at the law school is options Albany outside traditional as what bill will emerge scheduled for a visit, notice of a to finalround panel. ties relating this theme to the career for the Governor's approval. The time for student interviewsis posThe case to be mooted involves social/political problems of the forms of practice. Assembly had passed one bill ted next to the cafeteria entrance. a question on taxation of private 70's, to be held sometime this Next meeting will be Wednes- which would have replaced the If you are interested in having annuities. The problem itself was spring at O'Brian Hall. 1061 Scholar Incentive Program with a some input into faculty selection at projects day, p.m. March 7:30 27, Reports of on-going developed by Professor Kenneth the candiJoyce of the Law School and was included Women's Prison Project, Kensington. In addition to the Tv i tion Assistance Plan. This and also in providing amounts date with an opportunity to seadopted from an actual case Welfare Rights, Attica Evidence usual reports, participants in the would have increased the student views of the school, Regional private Mid-east and National available those cure to in which is now pending before the Project, Attica Jury Project, and payments to please sign up in room 312 as noU.S. Supreme Court. The team Veteran's Discharge Upgrading. Executive Board meetings will dis- schools, but limited freshman first entering undergrad- tices are posted. from U.B. will be made up of Law students or faculty with an cuss issuesraised there. AWLS Plans Day Care ' Turn of the Screw Moot Court Tax Competition Scheduled This Weekend Guild Chapter to Run Involvement Fest �April 2, Opinion 14 Career Day Well Received, Described as Successful 1974 Alumni Line by Earl S. Carrel Although no one has said anything directly to me, I have heard some comments regarding the vituperativeness of this column and therefore some disclaimer must be made. The matter presented in this column does not necessarily reflect the opinions of the U/B Law School Alumni Association,its officers, or directors. Nor doesit represent the editorial policy of Opinion. I enjoyed the Annual Alumni Dinner and it was good to see the large turnout of Alumni and spouses. There did, however, seem to be an overabundance of older alumni, or perhaps just a small showing of younger folk. Many thanks to the firms who donated tickets to the Law School so that leaders of the student organizations could attend. Elsewhere in thjs issue of Opinion there is an article on the dinner. I have not yet read that story as I write this piece. For those who were in attendance, I feel the comments of Justice Walter J. Mahoney regarding the Law School were quite thoughtprovoking. Two issues ago I voiced some opinions about the grading system. In the last issue there appeared an editorial on that same topic. Prof. William R. Greiner took up my challenge to defend the present grading system and his answer appears, in its entirety, minus a bill for $50.00, introduces Career Day panel consisting of representatives of various size law firms, in this editionof Opinion. Moderator -Centner corporation practice, NI.RB, and the District Attorney's office. A student recently offered a bit of criticism toward thiscolumn Over 100 students are estimatand charged that I am misleading the student body of the Law School ed to have participated in the by implying that the Law School now has a full-time placement School's first Career Day activiofficer. As a matter of clarification, what I had said was "Pat Hollanties, held the afternoon of March der ... is now directing placement, continuing legal education, and 8, under the joint sponsorship of alumni functions of the Law School. It is about time one person, on the Alumni Association and the the staff full time, was responsible for these importantareas." (Feb. Placement Office. 12, 1974) This statement does not imply in any way a full time placeAbout 70 students were cramment director. It does state the true fact that Mrs. Hollander is here ming lecture room 112 as the serfull time (as opposed to the once every month of Tom Hurley) and has ies of presentations began, for other duties besides placement. When the statement in question was while original plans were to utilize written, no provision was made for the unfortunately typical administhe larger lecture hall 106, Prof. trative foul-up which has resulted in a half-time teaching line and a Hamburger's New York Practice half-time NTP line. Nor was any provision made for the foul-up which classhad pre-empted the larger faresulted in no pay for Mrs. Hollander. I hope the folks in Albany and cility. on Elmwood have seen fit to release a few paychecks. Peggy Beilfuss Observers were pleased with was a nice girl, but she was not too concerned with jobplacement. The the heavy initial attendance at the situation at the Law School is immeasurably better than in the past Career Day functions, as some had number of years. feared that a number of conflicting activities, unusual fora Friday Jeremiah J. Moriarty, '39, of Franklinville,has been appointed afternoon, would have an adverse to the New York State Court of Claims for a term ending July 10, impact on student participation. 1979. Pat Hollander, Placement Director, remarked that she was "surHon. Frederick M. Marshall, '49, has been appointed administraprised at the heavy turnout," tive judge of the Bth Judicial District. He was formerlyadministrative crediting second-year student Saljudge for criminal justice. Prior to his service on the Supreme Court, ly Fox for having done a lot of Justice Marshall was an Erie County Court judge. the work. In addition to Prof. Hamburger's class, SBA was meetHon. Charles J. Gaughan, '50, New York State supreme court ing during the Career Day presenjustice and administrative judge for the Bth Judicial District died tationsand the Associationof WoMarch 6,^1974. Justice Gaughan had only recently been appointed men Law Students was throwing a administrative judge. Prior to his time on the Supreme Court Bench, he party to celebrate Women's Day. was a Town of Hamburg justice and supervisor, assistant Erie County Despite the conflicting events, District Attorney, and Erie County Court Judge. students filled the hall all afternoon, many of them afterwards Hon. Thomas J. Ryan, '48, has been appointed administrative attending a reception in the Faculjudge for criminal justice for the Bth Judicial District. In addition to ty Lounge. his service as a Supreme Court justice, Justice Ryan is a former Erie The Law Alumni Association County Sheriff. had developed the program in two parts, one of which was to brief Leonard F. Walentynowicz, '55, has been nominated by Pres. students on the variety of legal Attorney Samuel Green explains relative benefits of employment with Nixon to be director of embassy security for the U.S. State Departcareers and the other to prepare small-sizefirm. -Centner ment. Mr. Walentynowicz is currently an instructor in Trial Technique students to seek employment. at the Law School. Representatives of various size ftrms and diverse practices each addressed the assembled students on the advantages of their field of workand on how to apply for employment in that area. by Jack Goodchild "You're fortunate with this and advantage of by precious few of current trends and expectation monial law to date. She termed it of "the people". in the law as it relates to the rights probably the most resistant area panel," said sole practitioner EuIt's no wonder that people are The event was the first seminar ofwomen. to change. As sources of difficulgene Tenney. "They tell it like it so hesitant to do things, to get in- of the series, the subject matter Professor Girth presented a ty, she cited preponderance of is." being judges and the difficulty of Ms. volved. You've "Women male Hollander, According to and the Law". Pre- brief synopsis of the significance got to hustle hard the alumni "were pleased with the to get anywhere and even when senting the benefit of their accum- and implication of the Equal awakening women to their ability to assert themselves within the quantity of the student participa- you do you're lucky to get a little. ulated knowledge and insight were Rights Amendment. She pointed law. tion and the quality of the stu- I knew this before I started push- Marjorie Girth and Kenneth out the vital distinction between ing faculty adoption principles little Davidson of our own and the of the response inmy idea of bringing redents they spoke to." In Placement sources to "the people" but I've Barbara Handschu, attorney part- volved and the actual application Well, there it is: the gist of a to some criticism that "alternative got a little freedom to spread ner tn the firm of Handschu and thereof. most informative, worthwhileand included have should Actually things Klaif. weren't Professor Davidson synopsized yet poorly attended seminar. And at legal careers" in the presentations, around and so I went ahead anyof the the state of thelaw as it relates to thus it pains me to have to say Ms Hollander noted that a second way. The oppressive truth was all grim, mainly because of brought openness rights later home this rea ness and the of women in the field of that due to that poor response, past in I be held once more career day would panel. With an almost one-to-one employment. the seminars scheduled for April Aoril and that additional career Wednesday March 13th when ratio of audience panel had to presented some valuable effort on the part we Barbara Handschu described 10th and May Bth have been canopportunities would be of fine people was taken heed of a very full and pleasant discussion the state and evolution of matri- celled. at that time. ACLU Seminar: Poor Attendance, But Lauded �AtfA i W4 oom° NLG Plans Regional Law School Program by John Stuart The Mid-Eastern Regional meeting of the Guild took place March 8-10 in Windsor, Ontario, and quickly recognized that much of the Guild's support in the present and immediate future is coming from law students. Representatives from Detroit, Cleveland, Columbus, Cincinnati, Pittsburgh, and Buffalo agreed that regional organizing efforts in these cities must focus on the law schools. Accordingly, plans are under way for speaker exchanges and a travelling workshop, to combine education and organization in presenting the Guild point of view to students. Following the plenary session on Saturday, March 9, was a panel discussion of "Alternative Forms of Practice." Representatives of Legal Services, Pittsburgh Legal Collective, and a Detroit move- 15 ment law firm joined a University of Ohio taw professor and a Columbus municipal judge, to present their viewpoints on harmonizing legal work with political commitment. In the lively twohour discussion that followed each participant tried to deal with the problems inherent in their forms of practice: What are the constraints on a judge who is sympathetic to the legal problems of the poor? How can a law professor use his/her position as a forum to take stands that go beyond traditional academic concerns? How can law firms and law collectives make their own internal workings more democratic while carrying heavy case loads? Later afternoon and evening activities included Informational Workshops on Attica Brothers Legal Defense, Tenants' Rights, and Labor. In each of these, a crosssection of Guild membership, in- eluding students, law professors, and experienced trial lawyers, concentrated on methods of dealing with specific legal problems. After dinner, Ernie Goodman, a past president of the NLG, spoke on his recent Guildsponsored trip to North Vietnam: the contrast between re-building in Hanoi and corruption in Saigon; the ability of the North Vietnamese to distinguish between "the American people" whom they credit with thebombing halt and "the American government"; the role of lawyers society; and the efa socialist in forts of North Vietnamese women in achieving full equality. This talk was followed by a performance by El Teatro Palomina, a Chicano guerilla theater group, and a party. After separate Men's and Women's Breakfasts and a meeting, Sunday women's - - morning was devoted to criticism and self-criticism focused on two issues: sexism within the Guild, and the situation of the Guild as a predominantly white organization. Women from the Detroit Guild discussed the problems they had experienced in trying to organize a women's group within the local Guild chapter, and a panel of Third World law students discussed the difficulties involved in minority admissions: if law schools admit minority students preferentially, but then refuse to change their teaching and evaluation procedures to meet the needs of these students, the students tend to flunk out at Wayne State, 13 out of 15 flunked out first year. The Buffalo chapter's representatives at the Regional included: Bob Hilliard, John Shaw, John Stuart, Sallie Sheldon, and Stuart Cohen. - Grading Ranges... Govt. & Land FALL SEMESTER 1973-1974 H» Civil Procedure (a) Homburger Kochery Schlegel Hyman Contracts -1 -1 Fleming McCarty Rickert R.Gordon i until.il Law Schwartz Birzon Katz --- Davidson Laufer M.Gordon Harring D 8 11 4 4 63 61 63 53 10 13 11 9 11 18 7 8 1 2 orts 0 9 9 9 15 -4 Holiey K 12 8 10 13 49 64 54 49 Kaplan Total Graded F 13 8 2 7 52 52 74 42 12 8 58 61 60 48 9 10 9 11 3 3 84 88 78 67 1 3 74 82 65 75 - 2 75 82 85 64 3 1 79 83 4 1 1 ■ 9 Land Trans. Goldstein Philosophy ofLaw Franklin Civil Law Clinic Part Girth-RosenbergPart II Seminar Boyer -egal Problems of inviron. Quality Reis Conflict of Laws Laufer Const. Law (b) Mann Contemp. Int. Law H Q 3 23 32 6 16 57 7 17 32 1 1 2 DelCotto Criminal Procedure Mazor 80 51 4 51 5 7 39 14 18 - 1 35 4 9 4- 17 19 15 2 6 34 2- 10 115 1 14 67 31 5 33 44 3 1 18 23 - 42 Swartz :ederal Jurisdiction Katz _abor Law „;,..Atleson :ederal Tax (b) 1 Joyce 10 32 2 44 4 3 ividence R.Gordon iniiit- Interest • Mugel .iinily Law 3 7 3 '6 ° 2 - 39 2 5 1 34 6 4 3 9 75 . 10 1 18 21 139 1 _ 79 3 99 2 1- 12 - 9 19 1 31 30 5 18 46 6 8 21 4 5 36 4 9 9 2- 2 4 2 2 3 1 10 4 38 62 2 - 77 33 45 20 9 1 6 SECOND & THIRD YEAR GRADING RANGES FALL SEMESTER SEMINARS 1973-1974 64 1 6 ■- Rosenberg Total Graded F 4 Buergenthal Corporate Tax (a) Corporations Fleming D 1 I Trade Regulation Gifford Trial Tech Staff Debtors Rights Girth Agency & Partnership Zimmerman Copyright & Patent Goldstein Law & Social Change Galanter Woman & the Law Davidson School Law Clinic * Constitutional Law (a) Mann :ederal Tax (a) DelCotto Administrative Law 10 88 Commercial-Papers Meyer SECOND THIRD YEAR GRADING RANGES FALL SEMESTER ELECTIVES 1973-1974 HD 10 31 87 10 23 12 Juvenile Cts. HD Swartz Private Suits in Pub.In. Homburger Foreign Affairs & The Const. H D F Total Graded 3 8- 11 4 7- 11 7 Buergenthal Q 13 20 Internal Union Democracy Atleson 5 3- 8 Legal Reasoning Hyman 2 7- 9 5 3- 8 Law & Economics Gifford Judicial Admin. Kochery Legal Prob. of the Public Schools Newhouse ClinicalSeminar in Corrections Schwartz Inc. Taxation of Estate Trusts & Benef. Schwartz Law & Psychiatry Carnahan Housing & Housing Finance Reis Education Law Hoiley Law & Development Galanter - 19 13 33 5 10 1 8 1 8 3 10 2 15 6 2-1 9 - - 9 2 2 : 2 - - - 2 �Opinionated 'Tis the Season To be Folly No Offense Intended to Anyone Living, Dead or Disinterred. April 1,1974 Faculty of Socio-Legal Interdisciplinary Nexuses, Excluding Law Pregnant Development Claims "Elevator Done It" Sperm Streaks Into Freshperson Flunks Out, Will Sue Lord O'Brian Feminist Bastions prior to FSRB's expediting the grievance, that his office could provide no remedy, as the Unistudent body of over 40," adding versity had no record of a Law that the present first-year class School out in Amherst. "And "was supposed to number 30 until there's no money for Placement, someone typed a second zero into either,"he concluded. the number," leaving us with a While the grievance remains F's. "facilities over-maximalizatory de- pending, the Law School Library The student, whose name the ficiency." has submitted a proposal that the Registrar would not reveal, is apQuestioned as to thislatest stu- elevators be used to punish "book pealing the action to the FSRB, dent rebellion, the Provost issued mutilators and other war criminclaiming that he entered the eleva- a statement to the effect that als" by confining them for periods tor on the first floor, shortly after "maybe my name is Red Schwar- ranging from six months to a year orientation last September, and tz, but then again maybe it inside the elevator as it travels had arrived on the third floor only isn't." Assoc. Provost Bull Groan- slowly from the second floor to to be told that six months had er was more pronounced in his rethe seventh. "Not only is it more elapsed during the elevator ride action, claiming that "students humane than the present penaland that the Registrar, under the have lost the ability to flunk out ties," argued Librarian Michael new grading system, had adminis- in good grace. It's just a tough Amico, "but if they survive the tratively granted F's for courses break." ride, there will be no mention of the studenthad failed to complete FSRB has promised to give the the crime in their records except during the fall semester. grievance top priority on its agen- for maybe a semester of F's." The Registrar, Mr. Chuck Stal- da, speculating that a decision will len, said that his office only fol- be rendered sometime in the lows orders and that the building's 1975-76 or 1976-77 academic contractors, 1.0. Graft & Co., had year. given none as to how to handle Robert L. Fetter, whose exist"elevator tardiness." ence as University President was Explaining the elevator prob- recently verified by veteran UB lem to Opinionated, Mr. Made student Peon DerWall, had stated, An unidentified first-year student, it has been reliably reported, emerged from the elevator last month, intending to check his first week's assignments, only to find that grades for the semester had already been posted and indeed that he had received straight .. April 2, 1974 Opinionated 16 Newschool, the faculty's liaison to 1.0. Graft, noted that "the eleva- tors just weren't built to handle a .. An equal rights group briefly active for a while last April, the Society for the Preservation of Equal Rights for Men (SPERM), revived recently to announce sponsorship of "International Men's Day" celebrations today in the 4th floor men's room, which is, according to SPERM ChairMAN Mac Izmo, "SPERM's last sanctuary from the AWFLS," the Association of Women Feminist Law Students. women's "lanes" "Johns," and the to four men's recent AWFL publication, Low Wimmen. SPERM, whose faculty advisor is reported to be Prof. Ken Davidson this year as last, has announced the formation of a Women's Auxiliary headed by Prof. Marjorie Girth, whose first project has been the production of a stag film, entitled "Secured Transaction," on the constitutionally protected theme of symbolic patriotic expression, The program for International Men's Day, a solemn April 1 st observance which commemorates Rhett Butler's classic defense of masculinism against the bitchery of Scarlett O'Hara, will include speakers denouncing HEW's Predeterminative Action quotas, the Law. School's allocation of six Mr. Izmo, who insists uponbe- ing called a freshman rather than a first-yearlinj>, contends that legal education is inherently female chauvinist with its emphasis on due process and argues that seminars on vigilanteeism should be given to balance the curriculum with "masculinist alternatives." 2nd Year Scrubbed A special meeting of the faculty has resulted in the cancellation, effective April 1, of the School's second year due to difficulties with faculty replacement and course scheduling. The unprecedented cancellation will permit current second-year students to attain senior status next September provided they enroll in and complete four summer courses substituted for the spring courses just cancelled, but first-year students, bereft of a second-year program next fall, are to be assigned to "registrative limbo" status for the next academic year, according to Asst. Dean Trixie Mixup. "Current freshpeople will be allowed to work full-time, get stoned, or play downstairs in the O'Brian basement," said Ms. Mixup, "until the time comes when we have the resources to re-activate second-year." year, the faculty voted to give first priority to fresheducation, even though that decision necessitated the discontinuation of the second year. "We just don't have the professorial strength to fritter away our time on traditional stuff like Tax, Labor Law, and so on," declared an instructor who asked not to be identified, "for to do so would mean the sacrificing of our more relevant, instant karma offerings, or perhaps even the weakening of our socio-legal interdisciplinary nexuses." The abandonment of second-year offerings left the faculty free to increase courses for SPERM streaksinto Girth transaction, flying chauvinistcolors. next year's first-year electives, among which will be "Om and the Law,'' "Administrative Decision-Avoiding in Monopolistic Corporate Entities: Federal Agencies," and "The Easy Road to Classless Society: Soviet Labor Camps." At the faculty meeting at which the momentous decision was reached, the Appointments Committee announced success in obtaining various appointments with doctors, dentists, and beauticians, but confessed failure to secure any faculty appointments to the Law School next year. Girding for an onslaught of innumerable freshpeople, next The increases in the Karma and Socio-Legal areas have, however, necessitated that present freshyear required courses be consolidated in the fall semester. Consequently, Provost Porsche has announced new courses in "Contorts," consolidating 6 hours of Torts and Contracts into a 3-hour offering, "Civinal Procedure," combining Criminal Law and Civil Procedure. and . repares fo^DeaicationvJhichvvTl^oe^^ highlighted by the address of Peter Jasen, ('74) who is substituting for his father, Hon. Matthew Jasen, who was asked to replace Earl Warren but has notified the School thathe plans to be ill that day. -Belling � 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, 1974-04-02 Alternative Title An alternative name for 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/8debbf8c6cbb27d6e7f894b576cc27be.pdf 4d33610d538f4d1f106e714335fb6c6d PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 11 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 April 18,1974 State University ofNew York at Buffalo Law School Moot Court Holds Tax Competition Sponsoring its first ever home competition, Moot Court Board hosted, the first week in April, the teams of six other schools participating in ÜB's Albert R. Mugel Tax Competition, in which the home team placed third behind winner Albany and runner-up Duquesne. The Tax Competition, named for part-time tax instructor Albert Law School Provost Schwartz introduces Gov. MalcolmWilson at Dedication. —Belling Mugel, adopted for argument a hypothetical case drafted by Prof. Kenneth Joyce, which case involved the question of whether income payments from a secured Seven O'Brian HallDedicated months after the Virginia Cuthbert. The dedicatory address of Mr. the new home of the Law School Horsky, a personal friend and law was, in ceremonies on April 8, partner of O'Brian's in the formally dedicated as John Lord Washington firm df Covington and O'Brian Hall before a podium Burling, dwelt largely on Mr. including Governor Malcolm O'Brian's life of public service to Wilson, University President the law, his country, and his Ketter, the U8 Council and fellow man. The complete text of representatives of theLaw faculty the Horsky address is reprinted in headed by Provost Schwartz. the dedication centerfold of this Attended by O'Brian family, issue. Addressing his remarks to School alumni, friendsof the Law School, faculty and students Governor Wilson, University representing various organizations, President Robert Ketter the dedication ceremony commented that while former consisted of a dedicatory address Governor Rockefeller was by Charles A. Horsky, the unveiling of the building's plaque, the presentation of a portrait of O'Brian, and remarks by the Governor, President Ketter, Provost Schwartz and Prof. Wade Newhouse. Governor Wilson, who reportedly enjoyed the two-hour After several months of ceremony despite a busy schedule recurrent delays and increased expressed pessimism, the the propsects for a area, in Buffalo gratitude to "all who, as full-time placement director individuals or as groups, improved last week following a contributed to the State meeting between University University "and O'Brian Hall," President Robert L. Ketter and a among them the State Board of delegation from the School's Regents, the local Council, the Placement Committee. University administration,and the At the meeting, soughtby SBA Law faculty. "And those to whom President Dan Lohr since he took we are most grateful," he added, office, President Ketter informed "the taxpayers of New York the student delegates that he had the ones without whom nothing just signed the line of this character can be needed for the hiring of a accomplished." placement director and sent it on Mentioning that he knew to Albany, where the job O'Brian in his later years. description must pass muster with Governor Wilson concluded, in the State Division of the Budget. noting that O'Brian was informed Ketter predicted that the outcome of the plans to name the building of the reclassification should be in his honor justprior to his death known by the University within last year, that "John Lord O'Brian 60 days, sometime during which knew the principles he upheld the Placement Committee would continue to be taught to students might be invited to meet young men and women in a in Albany with Budget personnel building which would bear his to explain the request name." First inkling of Ketter's At the finish of the Governor's intended action came to light the remarks, Charles Horsky and Mrs. week before, when about 40 Kellogg Mann, O'Brian's eldest students at a placement protest daughter, presented a portrait of meeting heard Provost Schwartz O'Brian, showing him seated at his describe "encouraging news in the desk, done by Buffalo artist effort to build' a placement. opening of the building last fall, reported to have struck water when he turned the first shovel of earth for the new campus, "we are fortunate to have his successor here today to carry the message back to Albany that the University is indeed afloat." "But perhaps of more lasting significance to the students who will come here are the name the the building bears and characteristics associated with that name," Ketter continued. "Those characteristics embody the challenge of the highest professional standards and an continued on page 7 Open Mtg. Hears Placement Report : .. , . office." The Provost, after the assembled students defeated an attempt by protest organizers to exclude administrators from the meeting, explained that the line formerly occupied by administrative assistant Marilla McCarthy, an NTP line unlike the instructor's line now occupied by placement officer Pat Hollander, would be upgraded to the PR-3 range, so that an adequate salary of about $18,000 could be offered to the placement director. The administration, Schwartz said, "has been appalled at the delays, at the snail's pace at which placement has moved." Delays of various sorts have plagued since last p lacement efforts January when the School hired Pat Hollander as "career development officer" and attempted to secure a line for an "outside"officer who was to seek contacts with the profession, an attempt which was to fail when the line reclassification stalled in Albany. Expressing optimism that the line reclassification would be acceptable this time, Provost Schwartz added mat, once it was .v.\ continued on page 6 private annuity were to be taxed in the year of the annuity transaction or not until the basis in the stock exchanged for the was recovered. Moot Court Board plans to sponsor the Mugel Tax Competition on an annual basis. Preliminary rounds, in which the home team of Tom Mullaney and Don Bergevin got off to a good start in terms of points accumulated, were judgedby local tax attorneys, IRS counsels, and faculty. Presiding over the final round, to which the Albany and Duquesne teams advanced after strong showings in the second preliminary rounds, was Associate annuity Tax Court Justice William A. Goffe, who was flown in from Washington for the occasion. Albert Mugel joined the panel to judge the finalround. Emerging victorious in that round, Albany received a trophy, while the Duquesne team was presented with the runner-up plaque. The award for the best brief went to the Syracuse University team, while Frank Fleming of the Duquesne team received the plaque forbest oralist in the competition. Each participating team received a smaller plaque from Moot Court Board. Scoring for the competition was based on an average of the number of points each judge awarded a team for oral argument skill in each round, to which argument scores separate brief scores were later added to determine team standing in the competition. In terms of won/lost ratios, on ly A Ibany captured two victories, while all other teams scored one win to one loss, with the exception of Seton Hall whose team lost both rounds. Other participants included Brooklyn and Capital University. Faculty Defeats Q+ In a vote so surprising as to however, the student grading prompt Provost Schwartz to committee found support from comment that "the chair is faculty who felt either that the amazed," the faculty voted, after four-tier system made for easier lengthy discussion at their April grading, that the faculty should meeting, to defeat the Q+ grade not impose a policy on students proposal and restore the four-tier without good reasons, or that the grading debate had simply gone system in effect last fall. Receiving the report of an on long enough and should be Academic Policy and Program Committee which refused to recommend repeal of the Q+, the faculty also heard the request of the student ad hoc grading committee that the facultyrefuse the APPC recommendation and instead heed the outcome of March's grading referendum. Following debate between various factions on the issue, the body voted, with only two negative votes, to return to the H, Q, D, F terminated. Provost Schwartz expressed his desire for the faculty to defer any action on the < > ■ until the School could conduct furtherresearch on the matter, but his suggestion found little support from the faculty, many of whom stated that the grading issue had been researched enough and should be settled. Assoc. Provost Greiner, who had authored the Q+ system proposal, said that he was "tired system. The student grading of the whole thing," annoyed at committee, privately expressing the lack of faculty interest in it, pessimism at the prospect of a and so would abstain in the return to four tiers, had failed to grading vote. convince the APPC to make that Prof. Thome McCarty was recommendation to the faculty, the APPC reporting "unease at joined by several other faculty in letting questions of academic announcing that they would evaluation be determined by change their votes from support student plebiscite." Several of the Q+ to opposition on the members of the APPC stated then grounds that they were informed that the student vote was not an at the time of the December informed vote and hence would implementation of the Q+ tier not alter the committee's posture that students wanted it. The referendum, McCarty said, favoring the Q+. the faculty meeting, actually indicated the contrary. DU At �*fr'l 18.1974 OPINION 2 BALSA At Convention Editorials Deficiencies Yawn. . . Reorientation Needed diversion of faculty efforts 'into narrowly specialized public law seminars. Solutions to these deficiencies in the professional program may indeed demand a complete reorientation in program priorities and faculty attitudes, and we should not hesitate to undertake that reorientation if necessary. The faculty are going to have to "take chances" with some appointments, especially where such appointments are recommended by colleagues with expertise in the area concerned, in order to round out known deficiencies with funded next year, and students, the ones closest to the instructors who are perhaps less than social science Ph.D's problem, are concerned over growing deficiencies in with two dozen publications and fifteen years teaching experience at Harvard Law. environmental law, international law, and business law. In the internatidhal law area, for instance, the School aspires to offer an LL.M. in international law yet can And lastly, should the situation grow ever more critical, presently call upon the resources of only one instructor, the School must not rule out even the reorientation of its Professor Buergenthal, in this critical area. In environmental "master plan," so that static or dwindling resources could be law, an area of interest for a good number of students, there applied to the professional program, always our highest is concern that few, if any, courses will be offered next year, priority, rather than interdisciplinary or clinical efforts.That while on the other hand, the School's weakness in choice, we hope, will not be necessary, but we must not business/commercial areas is being exacerbated by the shirk from it if it becomes so. The School may not have come quite to the point where Second Year is in danger of being scrubbed, the subject of an April Fool's issue article, but we note with some disquiet the erosion of our professional program and quality of course offerings. Provost Schwartz has been attempting to meet subject areas which were considered deficient back in February, but both the short and long-range prognoses are simply not good. Recent budget cuts have given rise to faculty fears that only three of the projected five new appointments will be continued Cursing the Darkness As most everyone has noticed, the approach of the building's dedication wrought true miracles in terms of chairs being installed in the Moot Courtroom, floors being cleaned or polished, and lights being turned back on after months of "energy crisis." Perhaps, as one wag suggested, the School should dedicate the building on a monthly basis to attract University attention to our facilities needs. While the dedication accomplished a lot that hopefully will not now be withdrawn, we only wish that the ceremony had been in the evening hours so that, lest the Governor, Council, and Hayes administrators stumble onto their derriers, the University might have seen fit to install the long-delayed outside lighting, the absence of which has proven both inconvenient and outright dangerous. In the midst of the current mania to transform the building's interior into something modeled on Attica, the most serious security deficiency has drawn shockingly little concern, this'being the unlighted walkways, roadways, and parking lots of the surrounding campus. Already this condition has been the cause of numerous falls, several injuries, and damage to autos from unseen curbs, abutments, and the like. Before something far more serious occurs, and here little imagination is required, the University must assume its grossly neglected responsibility to light those areas which every person utilizing the building after dark must currently hazard upon entering or leaving O'Brian Hall. .. Avenge the Attica Brothers. Pass the Stroganoff Meatballs One of the more ludicrous attempts at protest ever directed at the legal community adopted as its forum last week the inopportune occasion of the dedication of O'Brian Hall. True revolutionaries, the several student protestors to seize upon the dedication ceremonies as a soapbox for the worthy cause of the Attica defendants but, when their banners were largely ignored by the guests, thought better of it and promptly joined the same, albeit without invitation, at the reception, sipping punch and sampling sought delicacies with the utmost they could then muster in the way of social graces. Whether these students had the "right" to leaflet or fly banners at dedication is not debatable, for every person has the inalienable right in a free society to be an indiscreet ass, but we must surely question whether such indiscretion, apparently an attempt to politicize the dedication, might not have indeed achieved that politicization, only in a way contrary to what the protestors had hoped. And contrary also to the interests of the Attica Brothers. Meatballs, anyone? SBA Reps. Attend LSD Circuit Conference Sara Zurenda and Paul Equale, SBA Treasurer and Secretary respectively, represented SUNY at Buffalo School of Law at the American Bar Association, Law Student Division, Annual Second Circuit Conference in New York City on Saturday, March 30, 1974. Following a coffee hour, a panel of lawyers opened the conference by addressing those present on the topic, "Anti-Corruption in Government: What is the Problem? What Can be Done?" Each person involved, the New York State Special Prosecutor, an election attorney, and an expert on appointed versus elected judges presented his opinions and opened the discussion to questions. Each person advocated certain changes, and it became clear that these changes through intensive investigation were of strong concern to those present. The afternoon session dealt with a legal research workshop, resolutions and the election of officers for the Second Circuit. The resolutions, copies of which will be available following the receipt of minutes of the meeting, endorsed the limiting of new law schools in the Second Circuit and a policy which would not permit questioning of someone's psychiatric history by the Character and Fitness Committee. Robert Algaze, U. of Conn., was elected Circuit Governor and Caryn Goldstein, St. John's, was elected Lt. Governor. In discussions with the new Circuit Officers, it was agreed that area workshops or conferences could be utilized to the benefit of upstate law schools and the law schools not in New York but in the Second Circuit. Plans for these meetings will be forthcoming. Volume 14, Number 11 April 18,1974 UpinKHl Editor-in-Chief: Ray Bowie Managing Editor: Shelley T. Convissar Photography Editor: Terry Centner Alumni Editor: Earl S. Carrel . H.-»!~!~~ Business , Manager: Dennis Paslak Fe tures Ed||m K y W|gl|| Staff: Cheryl Pestell, Gary Muldoon, Dave Stever,Cindy Lowney , Opinion is published every other week, except for vacations during the academic year. It is the student newspaper of the state Unlversliy of New York at Buffalo School of Law. |ohn Lord Hall, SUNY/B Amherst O'Brian Campus, Buffalo, New York 14260. The views expressed In Ihis paper are not necessarily those of the Editorial Board or Staff of Opinion Onlnlnn It ■ non-profit organization. Third Class postage entered at Buffalo, New York Opinion is funded by SBA from Student Law fees The sixth annual convention of the Black American Law Students Association (BALSA) was held March 28-30, in Houston, Texas, at Texas Southern University. Approximately 400 representing every region of the nation, as well as several Black notables from the legal world, participated in the convention, the theme of which was "From students^ Perception to Realization." The convention was earmarked several workshops and seminars which focused on the major problems confronting the Black community. Attorney Lennox Hines, the new director of the National Conference of Black Lawyers (NCBL), led a discussion on prison reform, which highlighted the Attica massacre. An interesting feature of this workshop was an oration by Ben Chavis, a political prisoner confined in North Carolina, who called for prison abolition. Other issues, with which the delegates were acutely concerned, included the liberation of Guinea-Basseau, the development of Black law firms, and the plight of the Black female law student Several lawyers appeared on the rostrum to lend their expertise on these topics. Fully cognizant of one of the major issues confronting the Black law student, the delegates assembled for a workshop on the DeFunis v. Odegaard case, currently under litigation. The discussion was moderated by Attorney W. Haywood Burns, a professor at Buffalo law school, and Attorney Wilson, the principal lawyer representing the University of Washington Law School. The delegates eagerly participated in the discussion of this case, the implications of which are far-reaching to the minority law student. In addition to the workshops, much of the official business of BALSA was accomplished at the convention. Resolutions" were voiced and voted upon, and elections were held, both on the regional and nationallevel. The convention was climaxed by an awards banquet, held in Houston's Sheridan Hotel. One of the lauded personalities was Attorney W. Haywood Burns hailed the "Res Ipsa Loquitur of BALSA" who was the recipient of the "Recognition Award." Other celebrated recipients included Judge "Cut-em-Loose" Bruce Wright, Frank Willis, who uncovered the Watergate burglary, the Congressional Black Caucus, and Muhammad Ali, who was honored with the "Brotherhood Award." The convention, having proved to be a productive one, fully embraced the theme "From Perception to Realization." The delegates exchanged ideas and ideologies, and worked together as one integral body in an aura of unity. Plans are already underway for next year's convention, to be held in one of the law schools in the Northeast region. On the local level, the Buffalo chapter of BALSA is planning a Minority Law Symposium, to be held May 10, in Lord O'Brian Hall. by — - �April 18,1934 Dissuasion... By Asst. Dean Marjorie Mix TO: National Lawyers Guild, BALSA, LSCRRC, and Radical Women's Caucus. I would like to make a personal statement about the events of April 8, 1974. The Law School and the University had invited guests from the legal community, representatives of the student body, and the faculty to honor John Lord O'Brian, to dedicate O'Brian Hall to its uses as a law building, and to inaugurate the opening of the first academic building on the Amherst campus. Participants and audience were the invited guests of the Law School, which cooperated in this effort with the University administration, since such dedications are under the auspices Of the SUNYAB Council and the President. Just prior to the beginning of the ceremonies I came to the entrance of Alden Courtroom, and noticed that leaflets protesting theappearanceof GovernorWilson were being distributed by students. I read the title and first paragraph of one of the leaflets which was handed to me by a student and made a decision that your actions were then satisfactory, relayed my decision to Mr. Greiner, and tended to other matters connected with the beginning of the ceremony. We were anxious to begin on time, and when I went back to the entrance to find out how many guests were not yet seated, I noticed that the committee's efforts to hand out leaflets was a factor in the slow progress of filling the auditorium. I was then informed that there was some concern over the fact that students had protested that signs of the ad hoc committee had been removed. As you may have noticed, the building had earlier been cleared of announcements of student and faculty activity for that day. I approved the removal of the Attica signs post hoc. My observation at that moment was that the mood had changed and there seemed a possibility of some disruptive behavior. It seemed clear to me that my responsibility lay in giving students a warning for three reasons. The first was that disruptive behavior could, in fact, immediately result in suspension from school until a Hearing Commission was constituted to determine the facts of the case and decide whether suspended student ought to be allowed to remain. The second was that the Dean had earlier asked me to give students notice of such consequences. At that time a decision to suspend under the circumstances seemed clearly mine, since the Provost and the Associate Provost were then about to enter with the platform party. I was satisfied to let a Hearing Commission make a final determination about continuance in school. The third was that I wanted to prevent disruptive behavior. I so warned the group of students who had gathered there. Let me add that I do not know the names of the students and would not have known, except for your signatures on the petition. As you may remember, I invited you to pass the leaflets out, to'discuss your concern with those who were entering and to join the audience as guests. 1informed you of possible consequences as well, which might include suspension. However, I did not intend that yoube able to harass guests of the Law School, nor did I intend for you to prevent people from entering the auditorium. .In addition, I knew that the presence of SUNYAB and the Governor's security forces might in fact result in their defining behavior as disruptive, a definition possibly different frpm the definition I would make under such circumstances and which would cause me toact. I wanted, therefore, to assert the responsibility of the school administration in this matter so that students in the Law School might be protected by a determination made by a Law School official. I understand that the charge has informally been made that I intimidated the ad hoc committee. That was my intention, to the extent that I wished to dissuade them from disruption. 1 would like to make some furthercomments on this matter. It seemed unlikely to me then, and seems unlikely to me now, that any action which would have prevented guests from entering the courtroom would increase the likelihood that they understand the nature of your concerns (some of which I share) in the matter of Attica. It is clear to me that my tactics in such matters differ from yours. I do not believe that guests of the Law School at the dedication would have somehow been convinced of the sincerity of your .feelings, or somehow made to examine their own on the basis of conduct which wouldhave prevented them from attending the ceremony. concerned now for I was concerned at that time and amworld at large, and how the Law School is seen by the to honor us and people who had come especiallyby those it on that day. If your tactics had turned to obstructive behavior, you would have sent them away with impressions of the Law School and the law student body in particular that would not have spoken for the majority. Earlier in the week, I had listened with sympathy to students' concerns over the matter of placement. I believe , OPINION 3 Or Suppression? by the Buffalo Chapter of the National Lawyers Guild Last Monday, as some of you may know, was the dedication of this building. The actions of the administration of this school were more educational than most of our courses. The constitutional and human rights of the student and secretarial staff were trampled upon. This was the price that was paid for all the pomp and ceremony of the fat cats' dining and back slapping. This school is definitely a class society with the students and the secretarial staff oppressed by the faculty and administration. Malcolm Wilson showed up and said something but his whole visit was hidden by a veil of administrative secrecy. What do they have to hide? Can't the governor make public appearances? Here is a partial list of some of the atrocities of the administration: only selected students were invited even though the Moot Courtroom had empty seats and the only people in 106, where elaborate closed circuit TV had been set up, were members of the massive plain clothed and uniformed police detachment which invaded ourbuilding. none of the secretarial staff was invited until they protested and Dean Mix managed to find one ticket so that one of themcould go. all posters and announcements were torn from the wails. bus service was cancelled with no advance notice. Staff people were told on the bus on the way to work in the morning that they wouldn't be able to get home because the school was being sealed off and no buses would run after 11:30. Why were we all whisked out of the buildings? Would our presence embarass our paternal administrators? However the most outrageous event of the day was performed by Dean Mix/She! had been frightened all week that some student demonstration might mar the image they had so carefully created. A group of students learned on Monday morning that Wilson was coming. We were few because most students had already gone home. We decided that we had something to say to Wilson. .Mainly we wanted to ask him questions about the Attica massacre and trials. We wanted to ask him why 6 to 10 million dollars was being spent to prosecute some of the victims of the massacre but not one — — — — Bigotry in Legal Terminology by Kathryn King I was prompted to write this comment by an article recently published in an issue of Psychology Today. The article, titled "If White Means Good Then Black ...", related studies which attempted to measure the influence of language on racial concepts and biases. One study consisted of showing young children various pictures and then asking the children to relate the pictures to a corresponding code ofreference. When shown a picture of a black rat and a white rat, and then asked which of the two rats was the bad rat, most of the cross-cultural sample of children chose the white rat as the good rat and the black rat as the bad rat. This theory was re-tested in a study that asked the children to tell the psychologist in which of the closed boxes the "bad things" were hiding the white or the black. The children chose theblack box at - a statistically significant rate. In another study, when children were asked to identify with statements about themselves, theblack-based statements were seen as derogatory more often than the white. Other studies were mentioned, one of which tested college students and found similar results as to the color line of language. The authors ended their article with a survey of the color-based adjectives in our language.They found "black thoughts", "black magic," "black sheep," and "black hearted" among others that were negative, while they could only find "white as a ghost" thathad bad connotations. On the plus side, they found Snow White, white as snow, and white angels, among others, while the only positive connotation of black that they could come up with was "in the black," indicating financial solvency. After we had seen the article, my husband and I tried to think ofwords we knew that fit the pattern or did not. Just with my limited knowledge of legal terminology I was able to think of blackmail, black market, and blackball. The exercise of discovering these words sensitized me to their use, so that a few weeks later when Our Academic Gossip Mill continued on page 8 Groups Respond to Dean Mix: Statement submitted by BALSA, LSCRRC, National Lawyers Guild, Radical Women's Caucus In response to Dean Mix's "personal statement about the events of April 8, 1974," we must point out that her remarks are based on a distortion of facts that may mislead members of the law school community. We dispute her version of the facts. First, it is not true that our leafletting slowed the flow of people into the Moot Court Room. The difficulty in "filling the auditorium" was that few invited guests showed up. Almost all of the guests had entered the hall when we were simultaneously threatenedand invited to fill the empty seats in the rear of the hall. The only people in Room 106, where fourclosed circuit TV's were set up to handle the expected overflow, were the numerous security officials and a fewmaintenance workers. Second, there was no harrassment of guests and we consider defamatory any suggestion on Dr. Mix's part to that effect. In addition, she states no underlying facts on which she based her observation that the "mood had changed" and there seemed a possibility of disruptive behavior. Third, if Dr. Mix's remarks were offered as a warning to protect us from overreaction from the security forces, they were also clearly threatening and intimidating as she later admits. We cannot thank her for the use of the presence of guards as an excuse to intimidate us in the exercise of our First Amendment rights. We reject her inference that the eight people leafletting and holding signs continued onpage 8 that a positive impression ofour students would encourage University officials to commit furtherresources to student concerns, such as placement. I did not want the impression of perhaps less than ten people to be the one carried away by the audience. I offer now to make available to you the lists of those people who were invited. If you would like to write to them to persuade them to change their views, I think thatis entirely appropriate for you to do. . by Cindy Lowney Did you know that. Mary Lipton, third year student, is an M.D.? Paul Jackson, first year student, received a score of 506onhisLSAT? Jean Savoy, second year student, was a Peace Corps volunteer? Bill Numan, first year student,is a Monsignor? Linda Tully, second year student, had two D's last semester? Pete Rodriquez, second year student, is 53 years old? *all names above are fictional Since my arrival at SUNY Buffalo School of Law in September, I have heard several "rumors" about students' personal lives that very often were accurate. So I began to ask myself a few questions: Why is all of this personal information being "leaked" or made known to others without the consent of those involved? What has happened to the confidentiality of one's records? After doing a superficial investigation on the topic, I was made aware of the existence of several administrative data sheets that are given to various groups. One such group is the Admissions Committee. The committee, comprised of faculty and students, last week received a report of grades of present students, LSAT scores, and undergraduate grade point averages (GPA) of certain members of the first yearclass, complete with names. The committee was to find whether or not any relationship existed between predicted success (LSAT score and GPA) and actual success in law school (as measured by the number of H and Q grades). Subsequently, confidential information regarding several students was released. When Dean "Mix was made aware of the student concern over this topic, she asked if the result should be one of eliminating students from committees. I do not see that as a solution. Rather, it would seem more appropriate to eliminate the possibility of identification (ergo, use anonymity perhaps assign numbers to each name) and compile the statistics of the criteriavia a computer. It is unfair to present and prospective students alike that information submitted confidentially is accessible by those who choose not to respect the applicant's/student's - right to privacy. �April OPINION 18,1974 4 John Lord O'BrianDedicatoryAdres Charles A. Horsky I have been asked to speak today of John Lord O'Brian's public service. I approach the task, I confess, with considerable trepdidation. There is the inevitable sense of inadequacy; only an historian, which I am not, is capable of an adequate evaluation of events which he knows of for the most part only second-hand. Thereis the danger that a focus on a single aspect of a life that was so complete, so full in its variety, and so much larger than the sum of its parts, may seem to diminish the totality of that life. Finally, public service, to John Lord O'Brian, was so much a part of his work as a lawyer that one cannot truly isolate his public service from his major contributions to the law. Apart from these qualifications, I have been given a formidable assignment, for to John Lord O'Brian life was to be lived fully. In 1890, six years before he graduated from Harvard College, an inscription composed by President Charles William Eliot had been placed on a gate to Harvard Yard: "Depart better to serve thy country and mankind."Few men have more completely complied. Yet I venture to think that the "service" which John Lord O'Brian gave, to his country and mankind, was never to him a duty, but rather an opportunity. Not an opportunity for himself there may never have been a more modest and self-less man but an opportunity to be useful in ways which his talents made possible. "Talents" is perhaps not quite the right word. His achievements were due to more than ability, although there was no lack of that. What was important is nowhere better described than in his own words, speaking of Mr. justice Jackson: "His success not only from his came unusual ability as a lawyer, but also from the character of his own personality and the great charm which he exercised over everybody with whom he came in contact." John Lord O'Brian entered the public arena for the first time at the age of 33, whenhe took the oath of office as an Assemblyman in Albany on January 1, 1907. Even before that, however, he had found opportunities here in Buffalo to be more than a lawyer. Almost immediately after he received his LL.B. from the Buffalo Law School in the class of 1898 the tenth class to graduate from the School he began to teach there as an instructor in insurance law, without salary, and continued to do so for years. At the same time, he gave lectures on medical 14 jurisprudenceat the medical school. In 1903 he became a trustee of the Law School, and continued as a member of the University Council for more than a quarter century. Even my brief researches indicate that his 26 years on the Council were anything but routine. Those were the years which saw the development of the College of Arts and Sciences. First, the Council developed a series of Extension Lectures in English Literature under the sponsorship of a Council Committee of which Mr. O'Brian was Secretary. When that lapsed for lack of funds, the Council hastily assembled a volunteer faculty willing to teach in their spare time in order that the recent demand of the American Medical Association for one year of college grade education in the humanities prior to medical school could be met. Those were also the years of searching for, and seeking funds to acquire, a campus. In all of theseefforts Mr. O'Brian was active. And I believe he considered as perhaps his major contribution to the Council his efforts as Chairman of the committee that selected, and then persuaded, Dr. Samuel P. Capen to become University Chancellor in 1920. But to return to Albany, in 1907. January 1 of that year also witnessed the inauguration of Charles Evans Hughes as Governor. Even as a freshman Assemblyman Mr. O'Brian attained a strong position in the Assembly as a member of the Ways and Means Committeeand the Cities Committee. The autobiographical notes of Mr. Hughes which have recently been published acknowledge the valuable support which Assemblyman O'Brian gave the Governor. Mr. O'Brian campaigned for the Governor in 1908, and was re-elected with him in that year. Before the end of Mr. O'Brian's second term as Assemblyman, he made his first entrance into an office under the Federal Government. In February 1909 he was appointed by President Theodore Roosevelt to be United States Attorney for the Western District of New York. He remained in that post throughout the administration of President Taft, and for nearly two years of the administration of President Wilson. His tenure under three presidents is an indication of the competence with which he discharged the responsibilities of that office. Shortly after returning to privatepractice in Buffalo in 1914, Mr. O'Brian became intimately involved in the efforts to effect a complete revision of the New York State Constitution. Hewas a member of the so-called Committee of Thirty-Nine a group which hoped to establish a basic reform program for the consideration of the Constitutional - - .. .. - — - Emergency Division, as it was known, he had vast responsibilities for registration and possible internment of many aliens, and for the prosecution of sabotage, espionage and other offenses. The temper of those times, which we may have forgotten now, made that position the focus of the hates and fears of thousands upon thousands of people many accusing the Department of ineffective and inadequate prosecutorial vigor, and some, though not so many, protesting what they believed to be utterly unconstitutional imprisonments. With the full support of the Attorney General, Mr. O'Brian successfully maintained a firm but moderate course. Vested under the Alien and Sedition Act of 1798 with an unreviewable power to intern alien enemies, he personally reviewed the files of some 6000 persons who had been arrested under Presidential warrant; only about 2300 were actually — Jnterned. The Espionage Act, which became law in 1917, posed perhaps the greatest challenge. In the hands of a vindictive or fanatical prosecutor, it was a dangerous threat to personal liberties. As Mr. O'Brian said at the time, it "gave the dignity of treason to what were often neighborhood quarrels or barroom brawls." As many as a thousand letters a day reached the Department, calling attention to acts or individuals thought to be seditious. Mr. O'Brian's instructions to the United States Attorneys evidence his t Charles A. Horsky -Belling - Convention. When the convention met, Mr. O'Brian, as one of the elected delegates at large, became Chairman of the Rules Committee, which had powers for the convention similar .to thoseof the Rules Committee for the House of Representatives essentially, the mechanics of running the convention. I have often heard Mr. O'Brian speak with pride of the work of that convention, and of the leadership contributed by its Chairman, Elihu Root. In the event, the end product was rejected by the voters. As with similar attempts in other stales in more recent times, a meritorious whole fell victim to a confederation of groups whose interests would be adversely affected. I should add, however, that within a decade, at the urging of Governor Alfred Smith, and with the aid of Mr. O'Brian among others, the more important reforms proposed by the convention were separately adopted. Then came the war World War I. It was as inevitable then as it was a quarter century later thai the talentsof John Lord O'Brian would be enlisted. The first call, from Attorney General Thomas W. Gregory, was to prosecute the famous Franz yon Rintelen conspiracy case. It is a measure of the extent to which America was prepared for war that a conspiracy involving the use of half a million dollars in German funds to try to persuade American labor leaders to call strikes against the manufacturers of munitions and other war-related commodities had to be prosecuted under the Sherman Anti-Trust law. The prosecution was successful; yon Rintelen and six of his co-conspirators were triedand convicted. That was only the prelude. After a few months as Chairman of the Draft Board of Appeals for Western New York, to which Mr. O'Brian had been appointed by Governor Whitman, the call again came from Attorney General Gregory in the fall of 1917, this time to ask Mr. O'Brian to assume responsibility for all the war-related activities of the Department of Justice. As head of the War - Horsky and Mrs. Boyleston unveil portrait of .. own view. The Act, he directed, "should not be permitted to become the medium whereby efforts are made to suppress honest, legitimate criticism of the administration or discussion of government policies. Protection of loyal persons from unjust suspicion and prosecution is quite as important as the suppression of actual disloyalty." It is appropriate to note, however, that it was John Lord O'Brian who successfully supported in the Supreme Court the conviction under the Act of one Schenck, who would have long since been forgotten but for the fact that it was in that case that Mr. Justice Holmeslaid down the famous "clear and present danger" test under the First Amendment. A further, aspect of the concern of Mr. O'Brian for civil Übcrties followed the armistice. With the assistant to the Attorney General, Mr. O'Brian reviewed the files of every person sentenced during the war under the wartime statutes, and in each case made a recommendation to the Attorney General as to whatwould be a just sentence. The recommendations were adopted without change by the Attorney General, and on his recommendation were put into effect by President Wilson. There is a footnote to all of this which in later years gave Mr. O'Brian considerable amusement something which he once said he would "prefer to whisper in dark corners." The Bureau of Investigation in the Department of Justice,which had been created in March 1909, became very much involved in the work of the War Emergency Division. Among those whom Mr. O'Brian recruited was one J. Edgar Hoover. Some time after Mr. O'Brian had returned to Buffalo, Mr. Hoover assumed charge of what was known as the General Intelligence Division the successor to the War Emergency Division and in 1924 was appointed directorof the F.8.1. JohnLord O'Brian. -Belling — - — �April 18,1974 OPINION 5 U.B. PresidentRobertKetter joins Gov. Wilson in unveiling building plaque. -Belling During the next decade Mr. O'Bnan practiced law in Washington agency. The quality of his and their service Truman of the Chairmanship of a panel to deal with a Buffalo, but continued to respond to calls for public during the next four years is best told by thosewith whom strike threatened at the atomic energy plant at Oak Ridge, service. One, at least, should be mentioned. For two years, he worked. Secretary of State Steltinius: "You leave with Tennessee. During the Korean War he became one of the in 1925 and 1926, he was active as Vice Chairman of the the respect, confidence and admiration of all with whom four public members of a National Advisory Board on Committee on the Reorganization of the New York State you have worked." Attorney General Biddle: "It is Mobilization Policy. Government. Unlike many modern counterparts, the pleasant to remember your wisdom and coolness." These appointments, important as they were to the Committee was unusually successful in effecting Co-Chairman of the War Production Board Donal M. far-reachingreforms in the State Government structure. Nelson: "Neither you nor your staff has ever wandered nation, are overshadowed by achievements in two other In 1929, Washington called again, when President from the straight and narrow path of the public interest." areas, each of whichevidences Mr. O'Brian's dedication to Hoovernamed Mr. O'Brian an Assistant Attorney General .And finally, President Truman, in awarding to John Lord fundamental morality and his broad compassion. The first in charge of the Anti-Trust Division. Short of the Attorney O'Brian the Presidential Medal of Merit: of these were his efforts to rally America to question what General himself, no one in the Department has a more "He served [the War Production Board) with he saw as a dangerous erosion of human rights which was difficult and responsible position. Of the many actions occurring as a result of government measures designed to distinction and gave assistance of inestimable begun during the three years in which Mr. O'Brian held value in the formulationof importantpolicies. prevent the spread of ideas-thought to be subversive. He He brought with him high professional spoke to that issue at the New York State Bar Association, that position, and of the 20-odd cases which he argued in the Supreme Court during that time, no more need be said attainments and demonstrated a marked and followed it with a speech on "Lawand Freedom" at than that in the end Mr. O'Brian had the full respect of not devotion to duty, perseverance, administrative Columbia University. The culmination was his Godkin lectures at Harvard on "National Security and Individual only the Court, but of the business community as well. ability, and a deep sense of public service." From 1945 until his death on April 10, 1973, in his Freedom." To the crisis of confidence of the McCarthy era Again there was almost a decade of practice in 99th year, Mr. O'Brian practiced law in Washington, D.C. Mr. O'Brian responded in those lectures that there wasan Buffalo. This time, the calls for his help in public affairs Mine is not the assignment to speak of his professional urgent need for the leaders of America to "awaken to their were more numerous. Some of the calls reflected the achievements during that period. Suffice it to say that they obligation to protect the freedom of the human spirit." appreciation of his wisdom and breadth of understanding. were many and varied.. As the acknowledged dean of the There can be no doubt that his own dedication to that task In 1931, he was elected by the State legislature to be a American bar, he represented not only great corporations contributed in.a major way to a return to sanity. The Regent of the University of the State of New York a but individuals with personal problems of their own. His Godkin lectures, later published in book form, won awards wise counsel in several international controversies won him from the National Conference of Christians and Jews and post he held for the next 17 years. In 1936, he was elected an Overseer of Harvard University. new fame as an international lawyer,as well as decorations from the Sidney HillmanFoundation. The second of Mr. O'Brian's achievements in these Some of the calls reflected his reputation as a superb from several foreign governments. In a word, he continued lawyer. In 1935, the Tennessee Valley Authority retained to add lustre to an already illustrious career. latter days of his life was, in a sense, the culmination of a However, neither the demands of an active practice, life as an active churchman, including many years as him to defend the constitutionality of the act which created it. The decision by Chief Justice Hughes in 1936, nor the fact that he had then reached his three score and Chancellor of the Episcopal Diocese of WesternNew York. upholding its constitutionality, was the first victory in the ten, diminished his willingness to serve in the public It was perhaps only natural that when in 1946 the Supreme Court won by the administration of President interest. In 1948, he accepted appointment by President President and Fellows of Harvard appointed a committee con tinued on page 7 Franklin D. Roosevelt. Following that victory Mr. O'Brian was again engaged by the Board of TV A to defend another case brought by a number of public utility companies. A major witness for the companies, it might by noted, was Wendell Willkie. Again, in 1939, the Supreme Court held for Mr. O'Brian. Finally, there was a call to public service by the New York State Republican party. While Mr. O'Brian had been a delegate to the New York Republican convention as early as 1910, and had been a delegate to the Republican National Conventions in 1916 and 1920, he had not sought an elective office since 1913, when he was narrowly defeated for mayor of Buffalo. In 1938, however, somewhat against his preferences, since he was still engaged in defending the Tennessee Valley Authority, he received the Republican nomination for United States Senator. Having agreed to run, he campaigned hard. He carried 57 of the 61 counties in the State, but lost to Robert F. Wagner in the downstate vote. Undismayed, he returned to the TVA case, which the Courthad postponed until after the election. In 1941, Washington called again. President Roosevelt, acting on the unanimous recommendation of the Board of later, the War the Office of Production Management Production Board asked Mr. O'Brian to serve as its General Counsel. Although it meant a great reduction in income the position paid $9000 a year Mr. O'Brian accepted. In the course of a few months he brought together under him what lawyers still think of as possibly Distinguished alumnichuckle over last issue of Opinion. -Belling the greatest assemblage of legal talent ever to serve a ■ - - - - - �April 18, 1974 OPINION 6 SWP Candidate by Kay Wigtit — Suit In a recent campaign visit to Buffalo, the SocialistWorker Party candidate for Governor, Derrick Morrison, stopped at theLaw School to answer questions about a suit his party has filed against President Nixon and several of his aides calling "for a permanent injunction restraining all government agencies from continuing their campaign of interference" with the political activities of the party and its supporters. The information on government interferenceand provocation in this and other left-wing organizations became public as a result of a law suit under the Freedom on Information Act won by NBC reporter Carl Stern, which made public papers documenting an FBI counterintelligence program called COINTELPRO. COINTELPRO, which the FBI claimswasscrapped in 1970 when it was superceded by the "Plumbers" and the "Huston Plan," was essentially a secret plan for political sabotage of left-wing organizations. The text of the FBI document which ordered the implementation of COINTELPRO, stated in part the following: 'Effective immediately, the Bureau is instituting a CounterintelligenceProgram directed against the New Left Movement and its Key Activists.. The purpose of this program is to expose, disrupt, and otherwise neutralize theactivities of the various New Left organizations, their leadership, and adherents. We must frustrate every effort of these groups and individuals to consolidate their forces or to recruit new or youthful adherents. In every instance, ■consideration should be given to disrupting the organized activity of these groupsand no opportunity should be missed to capitalize upon organizationaland personal conflicts in their leadership." The Socialist Worker Party (SWP) was one of the groups to be subjected to infiltration by the FBI under this program. As a result of this political sabotage, events took place which led the SWP to file the suit to enjoin such governmental activities as harassment and intimidation of SWP members, burglary of offices and destruction of records and files, blacklisting party, members with prospective employers and landlords, and use of illegal wiretaps and mail surveillance. The brief for the SWP gives a great deal of factual detail on the incidents of arson, burglary, intimidation, and surveillance alleged. The brief states that theseactions unlawfully interfere with the SWP's right to participate in the electoral process, and of its members' rights to freedom of speech and association, and their Fourth Amendment rights to be free of unreasonable searchesand seizures. The SWP is represented by civil liberties attorney Leonard Boudin, who is best known for the successful defense of Daniel Ellsberg In the Pentagon Papers trial. In announcing the filing of the suit, Boudin said, that the case could be "a major step in reversing the erosion of political and civil liberties." He added, "this office never takes cases of this kind unless we believe we can win. And our record will show that we rarely lose. This case is winnable." A second set of COINTELPRO documents released on March 7 this year indicate the extent of FBI infiltration into and disruption of the Black movement. They express the FBl's concern over the emergence of a black "messiah" who could "unify and electrify the militant black nationalist movement." An article in the SWP's publication The Militant says these papers "contain the strongest evidence yet seen from official sources of governmental complicity in the murders of Malcolm X and Martin Luther King. Jr." The papers also state directly that the FBI conducted a smear program against Black leaders in order to diminsh their respectability in the public eye. Morrison, iri describing COINTELPRO and the law suit, emphasized that these events constitute only a small part of the whole of domestic spying in this country. The Watergate buggingsand other facts which have come to light as a result of the Watergate investigation reveal the extent of the administration's fear of dissenters and those who associate with them. Morrison said these tactics are still being used against the SWP and those whoassociate with them or any leftist group. The existence of the Huston plan for domestic spying, which replaced COINTELPRO, was revealed by John Dean at the Watergate hearings last summer. SenatorSam Ervin reacted as follows: "I interpret the papers as being an effort or a plan to set up an operation to spy on the American people in general or at least those who do not agree with the administration." 5/31/73. While in Buffalo, Mr. Morrison spoke at various colleges and held a news conference. He will return on April 29 to attend court when the Attica Brothers will be appearing for calendar call. He stated that anyone desiring more information on the COINTELPRO suit should write to the Political Rights Defense Fund, 150 sth Aye., Room 737, New York, New York, 10011. . ' . Placement Report continuedfrom page 7 approved, Pat Hollander would be moved off the present instructor's line and placed on the PR-3 line, where she would continue teaching part-time "because she wants it that Way." The use of a PR line is, he continued, internally determined rather than by Hayes Hall or Albany, and this would give the School greater latitude as to Ihe placement . directors other duties, some of which may relate to admissions work, alumni relations, or teaching. The student members of the Placement Committee have, however, reportedly told the administration that their preference is for a full-time placement director, with duties devoted exclusively to placement Fair Jury Project Findings by Kay Wigtil The Fair Jury Project, a group concerned with jury selection methods in Erie County whose finding will be used in the Attica cases, announced the results of a six month comprehensive study of the jury pool selection process at a news conference at the Statler Hilton on March 28. Explaining the group's findings and the resulting legal motion filed by the Attica Brothers Legal Defense, were Beth Benora, co-ordinator of the project; Prof. Haywood Burns, Attica Defense Attorney; and Marty Feinrider, an instructor in sociology atCanisius College. A preliminary study of the jury pool made during the summer revealed underrepresentation of black persons, women, and young people, and resulted in an Appellate Division ruling ordering the Erie County jury commissioner to open his files for further study. The study was made with the use of scientific sampling techniques and statistical methods under the guidance of specialists such as Jack Kiefer, Professor of Mathematics at Cornell University. The results of the study, the Project said, "clearly indicate serious ajid illegal underrepresentation of certain classes as well as violations of the law; these underrepresentations are not the result of chance or of lower voter registration rates for any of these groups, but are the result of the improper functioning of the jury selection system in the County. Blacks are underrepresented by at least 34.3%, women by 68%, and persons between the ages of 21 and 29 by 83.6%. These percentages could have occurred accidentally with the same probability that a poker player could be dealt 24 royal flushes consecutively. 45.4% of the sample of names removed from the jury pool were so removed illegally Statistical analysis indicates that it is nearly impossible that these percentages could have resulted from random selection." The findings were illustrated with charts and diagrams illustrating jury representation in various sections of the city. Based on these findings, the Attica Brothers Legal Defense submitted a motion before Judge Carmen F. Ball in State Supreme Court asking that the jury pool in use be thrown out and a new one instituted, since the present pool selection practice violated the Judiciary Law and Appellate Division rules, as well as the Constitution. Prof. Burns stated that a new pool could be put together quickly if the .. activities. The Provost, preferring to retain Pat Hollander for the position even if that meant some teaching -duties, has responded that the School will search for the most competent candidate, but that,if Ms. Hollanderhad better or equal qualifications, she would receive the line even though she chose to have teaching duties as part of her responsibilities. Plans for a placement protest at the dedication ceremonies, advanced by Karen Leeds and commitment to do so existed. Computerized jury selection procedures, such as those used in the federal court and in many other cities, would provide a model for the new pool. The project will make their findings available to local attorneys and interested groups for the purpose of further jury challenges. Persons interested in learning more about the jury project may do so by contacting Beth Benora at 883-9382. Rosemary Gerasia, tell through dedication was an inopportune when only a few of the forty occasion for protest as the students at the meeting supported students' meeting with Ketter had such action. Speaking for the yet to take place. student members of the An earlier attempt by the Placement Committee, who protest organizers to exclude appeared sympathetic to a Provost Schwartz and Assistant protest, Sally Fox said that "the Dean Marjorie Mix from the administration is not hopeful, as discussions also failed when, as they've tried to stall us The the two were about to depart, the ... Placement Committee had to do assembled students voted to every thing ourselves.'' maintain an open meeting and Nonetheless, the majority of those hear the administrators explain present seemed to feel that the the placement situation. �April 18,1974 OPINION O'Brian Hall Dedicated unselfish life of public service." Provost Richard Schwartz traced "the two sets of skills represented in legal education at mis school, professional and analytical," and added that John Lord O'Brian exemptified the combination of the two skills which the School held as a model forits students. Departing from the ceremony schedule, Associate Provost William Greiner took many by surprise when he asked time for the faculty "to offer special thanks and recognition to one of our own colleagues." The recognition took the form of a plaque presented by the faculty to Prof. Wade Newhouse, who since 1961 had served as chairman of the building committee and contributed "vision and hard work" to the planning of O'Brian Hall. Amidst the subsequent congratulations, Governor Wilson grasped Professor Newhouse's hand and held it high, almost as if the two had just won nomination for political office. Scarcely noticed by most participants in the ceremonies, several students made sporadic attempts throughout the afternoon to conduct Attica protests in the name of the National Lawyers Guild, BALSA (Black American Law Student Association), LSCRRC (Law Students Civil Rights Research Council), and a non-recognized group, the Radical Women's Caucus. The first attempt was made as guests began arriving for the dedication, when a few of the students began posting signs in the Moot Courtroom lobby area and distributing leaflets at the entrance to the Courtroom. The leaflet, signed by the aforementioned groups, announced their desire "to speak out and protest the presence of Governor Wilson at the dedication of the law school," stating that he had participated in the Attica "lawlessness" and should be pressured to drop the indictments. Law School staff removed the signs, and Assistant Dean Marjorie Mix, hearing of National Lawyers Guild plans to disrupt the ceremonies, warned the protestors that, while they were free to leaflet and even attend the dedication, any actual disruption would be met with "summary suspension." According to some of the protestors, the threat was felt to be intimidatingand limited the extent of the protest cbntinued from page 1 activities. A few of the protestors resurfaced, however, at the Library reception following the dedication, where they posted a ten foot banner outside the Library entrance, which banner demanded that the Attica charges be dropped. As the Governor, intended target of the protest, left immediately after the ceremonies without seeing any of the signs, the protestors soon dropped their banner and joined the reception. Dean Mix later issued a statement to the effect that her warning was an effort to forestall possible police action in case of a disruption and that her position was that it was preferable for the School to handle the situation rather thanoutside police officers. She contended that a disruption was indeed planned by the protestors and that one of the same later admitted that her warning helped restrain such plans. An earlier effort by another ad hoc protest group, this one concerned with placement service delays, fizzled when about forty students attending an open meeting on the subject voted overwhelmingly against a placement protest at dedication. Newhouse Honored By Faculty AtDedication 7 John Lord O'Brian Dedicatory Address continued from page 5 of distinguished theologians to recommend what should be done about the long-neglected Harvard Divinity School, Mr. O'Brian would be named as lay chairman. The committee, after a year and a half ofstudy, concluded that the School should not be abolished, but should be revitalized and adequately endowed. Again, it was perhaps only natural that Mr. O'Brian would become the National Chairman of the Endowment, to raise the $5 million in private funds needed to carry out the committee's recommendations, and that he should successfully complete the task. His efforts over more than a decade on behalf of the Divinity School have been recognized by the establishment there of The John Lord O'Brian Chair of Divinity, designed, as its dedication reads, to "reflect his broad compassion, his constant search for truth in every quarter, his insistence on the right of all men for a fair hearing for their opinions." Throughout his career, Mr. O'Brian consistently declined judicial offices. As early as 1915, Governor Whitman urged him toaccept an appointment to the State Supreme Court, and shortly following World War I Mr. O'Brian was offered appointments by President Wilson to the Court of Claims, and to the Supreme Court of the District of Columbia. Offers of appointment to the New York Supreme Court were renewed in 1919, 1921 and 1925, and in 1920 to the New York Court of Appeals. In 1931, he was offered the position of UnitedStates District Judge in Buffalo. All were declined, as were proffered appointments to theFederal TradeCommissionand to the Chairmanship of the National Labor Relations Board when it was first created in 1936. Why the business of judging and deciding cases did not appeal I do not know. Perhaps it appeared to represent too much of a withdrawal from the arena of public affairs, where plentiful opportunities for public service were more welcome alternatives. Certainly Mr. O'Brian would have been a great judge. He had to a superlative degree not only theintellectual powers and the legal knowledge such a position demands. Above all, he had the wisdom which makes for the greatest of judges. One can truly say of him, as Judge Learned Hand said of Mr. justice Cardozo, that he "was wisebecause his spirit was uncontaminiated, because he knew no violence, orenvy, or jealousy, or ill-will." I must add a personal note. John Lord O'Brian was a friend, and a partner, for three decades. But to me he was much more one of those' rare men who can truly be called great in spirit as well as in achievement. One thought of him as one thought of other great names in the law men who were his intimate friends such as Holmes, Brandeis, Cardozo, Hughes, Learned Hand, Elihu Root, Henry Stimson, Felix Frankfurter, and Robert Jackson. To paraphrase the language of the award to him by the Fellows of the American Bar Association in 1960, he gave inspiration to all who shared membership in his profession, and held before us the duties and joys of courageous and generous citizenship. But withal, he was a very human man. The many ways in which he served his country and mankind are overshadowed for me by memories of the warmth, the humanity, of a truly great spirit. All who came to know him, and they are legion, will miss his words of consolation for our personal tragedies, and his words of praise for our occasional triumphs. He lived for others, not forhimself. Mr. Justice Frankfurter, one of Mr. O'Brian's friends for a half century, gives me the words with which to close: " 'Let us now praise famous men'," he said, "is not a mere adjuration to lay verbal flowers on the graves of the departed. It is for our sake ih.it we are to praise them, for, as Ecclesiasticus added, 'they have given us an inheritance1." - Professor WadeNipwhbuse receives plaque from Assoc. Provost Greiner. -Belling Wade J. Newrrause, Jr.,Professor of Law, whois Jurisprudence for his outstanding work in helping presently teaching Constitutional Law I and an John Lord O'Brian Hallbecome a reality. Greiner also presented Newhouse with a plaque upperclass seminar on schools, was lauded by Associate Provost William Greiner at the dedication thatread: ceremony on behalf of the Faculty of Law and - Wade J.Newhouse, jr. Chairman Building Committee 1961 1974 whose industry, vision, dedication, understanding made and persistence John LordO'Brian Hall available for the richest growth and expressive of the highest aspirations of the Faculty ofLaw and Jurisprudence State University of New York at Buffalo Presented by His Colleagues April 8,1974 Professor Newhouse's work on what has been termed as "the building committee" began thirteen years ago, in 1961, while he was Assistant Dean of the Law School. Newhouse was referred to as Chairman of the Building Committee, while actually the only other prominent contributors were the head librarians that have served SUNY at Buffalo in the past 13 years. In essence, the "committee" was comprised of only two people during any given year. Newhouse worked with state authorities, the faculty and administration, in order to make plans for the new Law School facility. Newhouse received a standing ovation from the guests at the dedication, and with humility, thanked everyone for thehonor. —- — CLASSIFIED ADS Male Grad or Law Student Wanted to share 3-bedroom apartment near Main Campus. $55+. Available July 1. Call 836-4750. One bedroom apartment available for subletting from June through August. Completely furnished, including kitchen utensils, etc. Convenient location. Rent $90 per month, including utilities. Call Pearl at 882-2845 or 636-2037. Typing. Experienced typist will prepare your resumes, assignments, etc. Quick service, reasonable rates, pick-up and delivery toO'Brian Hall. Call Cheryl 836-8108. - �April 18,1974 OPINION 8 New Minority Program Standards Accepted In a proposal which Prof. Dannye Holley said "seeks to bring minority student requirements in line with our experience with minority students," the Minority Student Program Committee (MSPC) presented and had the faculty adopt several modifications in the minorty student program which result in expanded academic opportunities for minority students. The first modification gives minority students the opportunity to complete the entire first year even in situations where more than three D's or F's are accumulated in the first semester, the usual ineligibilitypoint in first year. Regular admission students would still be declared ineligible in the first semester with more than three such grades, but the new minority standards would defer an ineligibility decision until minority students finish the second semester. The rationale for the modification is that minority students require greater adjustment periods than regular admission students and should be given a full year for thatpurpose, even with a poor first semester record. With respect to ineligibility the automatic imposed upon students with more than six D or F grades, the MSPC proposal made a further modification, permitting minority students accumulating that many D or F grades to stave off automatic ineligibility and instead to submit to a complete review of their records by the MSPC to determine whether they can still remain in the J.D. program. In conducting the academic review of such students' records, the MSPC feels that "objectively measurable criteria for evaluating academic performance cannot be solely relied upon," hoping instead that "with experience a progressively more expansive set of movable, relevant criteria may be developed." Another factor in the review, according to Prof. Holley, is that the five-year extended program the Schoolhad previously allowed some students with poor records has been disallowed by the Court of Appeals, with the result that the maximum a student can be given is a one-semester extension in order to meet graduation requirements. The factor will Bigotry in Legal affect the minority student program in that thereview process often needs to considerwhether a student with a number of F's can meet graduation requirements in the time allotted. With regard to students admit ted under minority admissions prior to 1973, the MSPC found that if the present eligibility requirements were applied prospectively to such students, "almost half of the present students continuing in the program would be declared academically ineligible" with more than 6 f D's or F's, while "almostone-third would have been declared ineligible after their first year" with more than 3 D or F grades. Urging that the present standards therefore not be .. applied to minority current program students, the MSPC. will review the record of any continuing student who receives more than 6 D or F grades, and only where 9 such grades are accumulated would the APPC have the ultimate decision on eligibility. The recommendations of the Minority Student Program Committee were unanimously adopted by the faculty. Puerto Rican LSA Initiates 1st Year at School The Puerto Rican Law Student Association is one of the newest student clubs to be started at the Law School. It is also the first Puerto Rican or Hispanic legal organization to be started in the Western New York area. The association itself is a national organization with headquarters in New York City. It has chapters in some of the better law schools in the country, such as Columbia, N.Y.U., Georgetown, Antjoch, Harvard, Yale, and U.C.L.A. The association is affiliated with the Puerto Rican Legal Defense Fund in New York City. Members of the various chapters have participated in suits brought by the P.R. Legal Defense Fund. Some of the projects that are being instituted are a Bilingual Referral Clinic in the Spanish Community. This clinic will be associated with the Legal Aid Society in Buffalo. Hopefully, with participation from other law students and organizations in the school, this clinic will be extended Dissuasion... Terminology continued from page 3 continuedfrom 3 Lawyers Guild Statement family law teacher spoke of black market activities, I i cent has been allocated to pay for their defense. We drew heard the word a little differently. And when I saw a Black iup a statement and handed it out outside the hall, just detective on T.V. later that week speak of blackmail, it I before the great event was to begin, Mix came out and said seemed odd to hear him use the word as he did. 1 that we were graciously invited as guests but that we I decided to try to eradicate these words from my \would have to behave and act like good little girls and vocabulary. For black market I substituted illegal market, Iboys. We were warned that any demonstration would lead and used it on a paper with no comment from my ito immediate suspension and review by a hearing professor. Blackmail and blackball can also be substituted committee and some mention was made of repercussions with words that convey the meaning of the terms wilhout 1with the Characterand Fitness Committee. the racial bias. And I tried to listen to what I said in We condemn this arbitrary abridgment of our right everyday conversation to see if my vocabulary was I to freedom of speech and expression. We are appalled that dependent upon these types of words for expression. ; any administrator in a school which is supposed to teach The authors of the article in Psychology Today i us law can act so lawlessly. We are going to submit a statement to the ended with a three-fold proposal to reduce the bias in language which I have modified to fit our position as Faculty-Student Relations Committee which will call for a censure, of Dean Mix forher arbitrary and callousdenial of lawyersi 1. Discontinue the practice of coding groups by our rights. Also her performance of her dutieshas been less categories. Although feel this color wouldbe a good idea, than competent. She has repeatedly missed deadlines and I I do not feel that substituting Afro-American and consequently wronged students. It seems that recently she Euro-American will change things for thosewho truly see a also has taken over handling the secretarial staff and is not doing too well at that either. purpose in maintaining racial lines. We feel that the rights of students and secretarial 2. Raising Consciousness. That is perhaps the foremost purpose of this comment. Something should staff must not be trampled again and we condemn such make you question the utility of allowing the "Dodge heavy handed and totalitarian tactics of maintainingorder. Boys in the white hats" type of advertising to overrun the television. But even more so as attorneys, any legal symbolism using black as bad and white as good (i.e., the HELP SAVE AN "black thoughts" that are necessary to find mens rea), should make us think. Black marketneed not be the term used for the illegal sale of goods. Illegal market will work just as well and perhaps even better without perpetuating any racial slurs. 3. More research is needed to determinehow racially derogatory words affect the concepts of children in this area. Children are very sensitive to language and its interplay in our lives. Many children are able to learn Opinion is threatened with extinction, whether a word is good or bad long before they know the not from lack of funds, but from severe meaning of the word, just by the intonation or context in neglect by its own student population. which their parents use it. The authors in Psychology Today summed up whatis known by saying "we shapeour Continued survival is dependent upon Until language and then our language shapes us." our your active support write articles, language ceases to perpetrate bigotry, how can anyone escape from its influence? take pictures, help us save a vanishing So my comment ends with an appeal. Listen to the animal the student newspaper. color-based terms you use, and ask if they are really necessary to your thought. If they are, I questionwhy, and if they are not, they need not be used and can be Opinion Room 623 Ext. 2107 substituted. The legalprofession cannot change the racial attitudes of our nation by rearranging a few terms. But on the other hand,-is it thatbad a place tostart?-* -*-■'*»•• ■ page my < ENDANGERED SPECIES — — **** - - to other minority groups in the Buffalo and surrounding areas. Another project that is being planned is the establishment of an LSAT Training Center for the Hispanic and other minority undergraduate students in Buffalo. Presently, the chapter at U.B. Law is composed of 13 members a"nd it is hoped that this figure will increase substantially during the next few years. The members of the chapter at U.B. Law are not all from the local area. A few are from the New York City area and have come from such undergraduate schools as Fordham, Manhattan, Stony Brook, St. Joseph's, SUNYAB, Lehigh and Fredonia College. Also included in the club are a few Vietnam era veterans, am.ong them an ex-Marine sergeant and an ex-Air Force captain. The chapter wishes to extend its invitation to all those who would like to participate in its activities. Or Suppression? Groups Respondto Dean Mix were posed in any confrontationwith the security officers. Dean Mix states that disruptive behavior coutd result in summary suspension without a hearing and that she, as Dean, was empowered to suspend students on the spot. If these are, in fact, the regulations of this University, we are appalled that the Law Schoolcould unthinkinglyacquiesce to such a blatant violation of fundamental Due Process rights. Such regulations are unconstitutional and the Law Schoolshould take thelead in opposing them. Equally appalling are the flimsy justifications for the abridgement of free speech. We arc asked to accept the foll o w ing as being more important than the First Amendment: the Law School's interest in having clean walls, having all statements approved in advance by the administration, not raise the issue of Attica except on the condition Dr. Mix believes that people will be convinced of our sincerity. We repeat, there was no disruption and no obstruction. Dean Mix reveals her central concern when she states, "I was concerned at that time and am concerned now for how the Law School is seen by the world at large, and especially by those people who had come to honor us and it on that day." In addition to endorsing prior restraint of speech according to the needs of the Law School to protect its image, it is clearly implied that if you are "less than ten people," youhave no First Amendmentrights. We believe that the Dedication ceremony was designed to cater to the needs and vanities of a rich and powerful minority, for whose support the Law School would trample First Amendment rights in thisperiod of economic recession. While the Administration frets over budget problems which make free speech an expensive luxury, this State has spent over SIX MILLION DOLLARS to prosecute 61 Attica Brothers but not ONE CENT has been appropriated for these indigent defendants. Dean Mix would have us believe the price of an adequate placement office is the sacrifice of our First Amendment rights. We believe that, in unity, the Law School need not choose between demands for economic security and free speech. We were there to urge that the Attica indictments be dismissed. It has been TWO AND ONE HALF YEARS since the bloodiest domestic massacre since Wounded Knee. The Administration views Attica as an unpleasant piece of reality. The genteelatmosphere of the Dedication needed to be protected from reminders of the injustice of the Attica prosecution. We, too, are concerned with how the Law School is seen by the world at large, but not only the worldof mink c*ats.*fKisherry. ~&*».**; . v ; ~,, � 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, 1974-04-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/18/1974 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 15:44:00 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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